NCG140164_NOV & Inspection_20191015

Charlotte -Mecklenburg
STORM 2145 Suttle Avenue
.WATER Charlotte, NC 28208-5237
Services
October 15, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Southern Concrete Materials, Inc.
Attention: Mr. James Combest, President
P.O. Box 5395
Asheville, NC 28813
Subject: SECOND NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
CITY OF CHARLOTTE
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(a), Illicit Discharge(s) and Disposal(s)
Dear Mr. Combest:
North Carolina General Statute 160A-459 authorizes cities to adopt and enforce a stormwater
control ordinance to protect water quality and control water quantity. The City of Charlotte has
adopted a Stormwater Pollution Control Ordinance (the "Ordinance") which was amended and
effective as of June 9, 2008.
On October 10, 2019, Mr. Corey Baumgardner of Charlotte -Mecklenburg Storm Water Services
(CMSWS) conducted an investigation at the Southern Concrete Materials, Inc. facility, 715 State
Street in Charlotte, North Carolina. The investigation was conducted under authority granted by the
Ordinance, as specified in Section 18-82, Powers and Authority for Inspection. As a result of the
investigation, the following conditions were observed at the facility in violation of the Ordinance,
Section 18-80(a), Illicit Discharge(s) and Disposal(s):
Discharge of sediment from the facility to the storm drain system on State Street and
discharge of concrete washwater slurry off -site to an adjacent property.
The investigation determined that Southern Concrete Materials, Inc. is the "Person" responsible for
the violation, as defined by the Ordinance. As such, Mr. Tim Cannon with Southern Concrete
Materials, Inc. was verbally notified of the violation on October 10, 2019 and directed to
immediately cease the discharge causing the violation. To achieve compliance with the legal
requirements of the Ordinance, Southern Concrete Materials, Inc. must implement the corrective
actions listed below:
• Immediately cease any discharge contributing to the violation if not done so already;
and,
•
To report pollution or drainage problems call: 311
CHARLOTTE_ http://stormwater.charmeck.org
0

Southern Concrete Materials, Inc.
Attention: Mr. James Combest
page two
October 15, 2019
Restore areas affected by the violation, as described above, to their pre -violation
condition; and,
Take appropriate remedial and/or preventive actions to prevent future illegal
discharges.
Southern Concrete Materials, Inc. is required to submit a written response to this office within ten
(10) days following receipt of this notice. The response should specify 1.) why the violation
occurred, 2.) the actions taken to correct the violation, 3.) the actions taken to restore the affected
areas, 4.) the actions taken to prevent the occurrence of violations in the future, 5.) copy of invoices
for costs incurred to correct the violation and restore affected areas, and 6.) any other information or
explanation Southern Concrete Materials, Inc. wishes to present regarding the violation. The
response will be taken into consideration in penalty assessment decisions. Please send the response
to:
Charlotte -Mecklenburg Storm Water Services
Attention: Richard Farmer
2145 Suttle Ave.
Charlotte, NC 28208-5237
Please be advised that a previous Notice of Violation was issued on June 9, 2017 to Southern
Concrete Materials, Inc. for violation of the Ordinance at 715 State Street in Charlotte, North
Carolina.
This Notice is also to advise you that CMSWS is considering proceeding with enforcement action
and penalty assessment against Southern Concrete Materials, Inc.
In accordance with the Ordinance, Section 18-83(c) Civil Penalties, Southern Concrete Materials,
Inc. is subject to civil penalties of up to Five Thousand Dollars ($5,000.00) per day beginning with
the first day of violation and every day thereafter up until the violation ceases. It is the
responsibility of Southern Concrete Materials, Inc. to contact the Investigator (Corey
Baumgardner, at [phone]) immediately upon ceasing the violation and restoring the areas
affected by the violation in order to document compliance with the Ordinance and to minimize the
total potential penalty. Unless scheduled earlier by Southern Concrete Materials, Inc., a follow-up
inspection will occur no later than October 31, 2019 to determine compliance with the Ordinance.
Please note that until that determination occurs, Southern Concrete Materials, Inc. will continue to
be in violation of the Ordinance.
CMSWS will take any steps necessary to secure compliance with the Ordinance. One such step is
that CMSWS or a contractor designated by CMSWS may abate a violation and/or restore impacted
areas to their pre -violation condition should Southern Concrete Materials, Inc. fail to do so in a
timely manner, especially in situations where the violation may cause an imminent threat to human
health or the environment. Any expense incurred by CMSWS for such violation abatement and/or
� To report pollution or drainage problems call: 311
( http://stormwater.charmeck.org
CHARLOTTE 0.

Southern Concrete Materials, Inc.
Attention: Mr. James Combest
page three
October 15, 2019
restoration work will be charged to Southern Concrete Materials, Inc., in addition to the civil
penalty.
If you have any questions or would like to request a meeting with CMSWS to discuss the violation
and provide additional information, please contact me at [phone] within ten (10) days
following receipt of this notice. Please be aware that a meeting request or an actual meeting with
CMSWS does not relieve Southern Concrete Materials, Inc. from completing the corrective actions
listed above and does not negate a potential penalty.
Achieving and maintaining compliance with Section 18-80(a) of the Ordinance does not relieve
Southern Concrete Materials, Inc. from complying with other sections of the Ordinance or other
local, state, or federal regulations.
For your information, the Ordinance is available for view on the Internet at:
hgp:Hcharlottenc. gov/StorinWater/Regulations/Documents/CharlotteS WPollControlOrdO6O92008.p
ff. Copies of the Ordinance are also available in print or PDF file format from CMSWS upon
request.
The enclosed facility inspection report provides specific details about the inspection and should be
self-explanatory. If you have any questions or need additional information concerning this report,
please contact Corey Baumgardner, at [phone]. Please note, because your facility has been
issued an NPDES stormwater permit, the NC Department of Environmental Quality (NCDEQ) has
been given a copy of this report. For questions regarding this permit, please contact James Moore
with NCDEQ-DEMLR at [phone].
Your prompt cooperation and attention to this matter is requested.
Sincerely,
)o (- Richard Farmer
Water Quality Supervisor
Charlotte -Mecklenburg Storm Water Services
RLF/CRB
Enclosures: Copy of Industrial Facility Inspection Report, October 10, 2019
Copy of previous Notice of Violation, June 9, 2017
cc: James Moore, NCDEQ-DEMLR
Tim Cannon, Southern Concrete Materials, Inc.
FILE: NOV Cityworks Activity Report #46757
� To report pollution or drainage problems call: 311
( http://stormwater.charmeck.org
CIIARLOTTfE_ I*.

Chadolt 4ifeckh"bm 2 1 4 5 S u t t l e Avenue
STORM Charlotte, NC 28208
_— ,WAFER Facility Inspection
Services
Facility Name: Southern Concrete Materials Inc Inspection # : 46674
Contact: Tim Cannon, Maintenance and Production Manager Permit #: NCG140164
Inspector: Corey Baumgardner Receiving Stream: IRWIN
Inspection Date: 10/10/2019 Entry Time: 9:00 am Exit Time: 10:30 am SIC #:
Facility Description: Southern Concrete Materials is located at 715 State Street on approximately 7.5 acres. The facility
makes concrete and loads concrete materials into mixing trucks.
File Review/History: Charlotte Mecklenburg Storm Water Services (CMSWS) previously inspected this site on
3/17/2016 and found the facility to be in compliance. A Notice of Violation was issued by CMSWS on 6/9/2017 based on
a complaint.
Inspection Summary: At the time of inspection, the facility was observed to be in violation of the City of Charlotte Storm
Water Pollution Control Ordinance. See full report for further detail.
Site Inspection Deficiency Comments
Stormwater system (catch basins,
Recommendation
Stormwater and concrete process water runs through the site
inlets, outfalls, etc.)
via sheet flow and into two detention basins where it is
treated for pH before discharging into two drop inlets which
discharge to Outfall #001. Both detention basins were
observed to have built up solids. CMSWS recommends
removing the solids from the settling basin surrounding the
western most drop inlet.
Erosion issues
No
Structural stormwater BMPs
Recommendation
The settling basin surrounding the western most drop inlet
was observed to have solids built up. See'stormwater
system' for further detail.
Illicit discharges/connections
Yes
Stormwater and process water collect at the eastern half of
the facility in a large detention/settling basin. Below the
detention basin, adjacent to the removed railroad tracks off of
the property, a large pit of concrete slurry was observed from
past flooding events. The concrete slurry must be removed
and properly disposed of. The area should be reseeded and
strawed to prevent further erosion. Different means of water
detention should be considered to prevent future discharge.
Above ground storage tank(s), and
Recommendation
The facility has two 5000-gal. diesel fuel tanks located within
any associated venting — list size and
secondary containment, one 1500-gal. used oil tank located
contents
within secondary containment, and multiple 275-gal. totes
storing different form oils and concrete additives. Two
275-gallon totes were observed uncovered with no lids. One of
the totes was observed to be half full of oil/water. CMSWS
recommends properly disposing any used fluids and placing
caps on all outdoor totes and drums.
Underground storage tank(s) - fill port
N/A
area; list tank sizes & contents
'a
(& To report pollution or drainage problems call: 311 ✓>'
CHARLOTTE http://storm water. charmeck.org
10/16/2019 8:16:11AM Pagel of 3

Site Inspection Deficiency Comments
Outdoor material storage area(s)
No
Concrete aggregate, stone, and concrete blocks are stored
outdoors. No stormwater issues were observed.
Outdoor processing area(s)
No
Loading/unloading area(s)
Yes
Concrete trucks enter and exit the facility from State Street,
North of the property. Large amounts of concrete dust were
observed on State Street traveling East and flowing into a
series of drop inlets. The drop inlet directly in front of the
facility was observed to be over 80% full. The facility must
properly remove any concrete dust from the road way and
clear any affected drop inlets and storm drains. The facility
should implement a sweeping schedule to eliminate future
issues.
Vehicle/equipment area(s) - fueling,
No
Concrete trucks are fueled and washed on site. No
washing, storage, etc.
stormwater issues were observed.
Oil/water separator and/or
N/A
pretreatment
Waste storage/disposal area -
Recommendation
The facility has multiple dumpsters used for household
dumpsters, scrap metal bins, etc.
garbage, scrap metal, and miscellaneous garbage. The scrap
metal dumpster was observed outdoors and exposed to
stormwater. CMSWS recommends the facility cover the
scrap metal dumpster to eliminate stormwater contact with
any parts containing residual oil.
Food service area(s)
No
Indoor material storage area(s)
No
Indoor processing area(s)
No
Floor drains
No
Spill response equipment
Recommendation
Oil dry is kept on site at different locations throughout the
facility. No spill kits were observed at the fueling station on
site. CMSWS recommends keeping a spill response kit at
the fueling station.
Stormwater Pollution Plan Observed Comments
Does the facility have a stormwater
Yes
pollution prevention plan?
General location (USGS) map
Yes
Narrative description of practices
Yes
Detailed site map
Yes
List of significant spills (past 3 years)
Yes
No spills were documented for 2018.
Non-stormwater discharge evaluation
Yes
Non-stormwater discharge evaluation of Outfall #001 was
of outfall(s)
documented on 3/10/18 and 5/31/19.
Feasibility study
Yes
All necessary secondary
Yes
containment provided
Collected water evaluated and
Yes
documented prior to release
BMP Summary
Yes
Spill prevention and response plan
Yes
Preventative maintenance and good
Yes
housekeeping plan
Facility provides and documents
Recommendation
Employee training documentation was only available for two
employee training
employees. CMSWS recommends training all employees
annually and documenting training logs.
List of responsible parties
Yes
•
( To report pollution or drainage problems call: 311
CH,UMME http://stormwater.charmeck.org
10/16/2019 8:16:11AM
a
Page 2 of 3

=- - _P �-
Stormwater Pollution Plan Observed Comments
Reviewed and updated annually
Recommendation
The last update of the stormwater pollution prevention plan
(SPPP) occurred on 5/20/18. The SPPP should be reviewed
and updated on an annual basis.
Stormwater facility inspection
Yes
Facility inspections are conducted monthly and were
program conducted semi-annually
recorded in t he SPPP.
Qualitative/Analytical Monitoring Observed Comments
Qualitative monitoring conducted
Yes
Qualitative monitoring was documented and recorded on
semi-annually
3/21118, 11/18/18, 5/13/19,
Analytical monitoring conducted
Yes
Analytical monitoring was documented and recorded on
semi-annually
8/8/17, 3/21/18, 11/16/18, and 5/3/19.
Analytical monitoring from vehicle
N/A
maintenance
Permit and Outfalls Observed Comments
Copy of permit and certificate of
No
The facility's certificate of coverage NCG140164 was not
coverage onsite
documented in the Stormwater Pollution Prevention Plan.
All outfalls observed
Yes
No stormwater issues were observed at Outfall #001. Below
Outfall #001, adjacent to the removed railroad tracks off of the
property, a large pit of concrete slurry was observed from
past flooding events on the property. See 'illicit
discharges/connections' for further detail.
Number of Outfalls Observed
1
Representative outfall status
N/A
documented by NCDWQ
Annual no -exposure self
N/A
re -certification documented
•
dXTo report pollution or drainage problems call: 311
CJV%RLOTfE http://stormwater.charmeck.org
10/16/2019 8:16:11AM
Page 3 of 3

Charlotie•Mecklenburg
STORM 2145 Suttle Avenue
WATER
Charlotte, NC 28208-5237
s _ j �l�,rj
Services
June 9, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Southern Concrete
Attention: Mr. James Combest, President
PO Box 5395
Asheville, NC 28813
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
CITY OF CHARLOTTE
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(a), Illicit Discharges) and
Disposal(s)
Dear Mr. James Combest:
North Carolina General Statute 160A-459 authorizes cities to adopt and enforce a stormwater
control ordinance to protect water quality and control water quantity. The City of Charlotte has
adopted a Stormwater Pollution Control Ordinance (the "Ordinance") which was amended and
effective as of June 9, 2008.
On June 6 and June 8, 2017, Ms. Kristen O'Reilly of Charlotte -Mecklenburg Storm Water
Services (CMSWS) conducted an investigation of clogged catch basins near 640 State Street in
Charlotte, North Carolina. The investigation was conducted under authority granted by the
Ordinance, as specified in Section 18-82, Powers and Authority for Inspection. As a result of the
investigation, the following conditions were observed at the investigation location in violation of
the Ordinance, Section 18-80(a), Illicit Discharge(s) and Disposal(s):
Four municipal stormwater catch basins were clogged with concrete material and the area
immediately near the outfall for these catch basins had a mound of concrete materials
approximately 10 feet x 20 feet. These catch basins and outfall are located very close to
Stewart Creek.
Through discussion with Mr. David Grossman of Southern Concrete Materials' State
Street facility, it was determined that the presence of these materials was due to concrete
trucks traveling on State Street and potentially from overflows of a treatment basin at the
facility.
To report pollution or drainage problems call: 311
CHARIATIT_ http://stormwater.charmeck.org a.

Southern Concrete Materials
Attention: Mr. James Combest
page two
June 9, 2017
In addition to violation of the Ordinance, these clogged catch basins and outfall have
resulted in localized flooding of State Street.
The investigation determined that James Combest is the "Person" responsible for the violation, as
defined by the Ordinance. Mr. Grossman with Southern Concrete Materials was verbally notified
of the violation on June 6, 2017. To achieve compliance with the legal requirements of the
Ordinance, Southern Concrete Materials must implement the corrective actions listed below:
Restore areas affected by the violation, as described above, to their pre -violation
condition. This includes, first, removing 10 feet x 20 feet of material at the outfall
and down to the pipe's invert and ensuring stabilization of the area once excavation
is complete; second, removing materials from the four catch basins and connecting
pipes; and third, removing accumulated materials from along the street curb; and,
Take appropriate remedial and/or preventive actions to prevent future illegal
discharges.
Southern Concrete Materials is required to submit a written response to this office within ten (10)
days following receipt of this notice. The response should specify 1.) why the violation occurred,
2.) the actions taken to correct the violation, 3.) the actions taken to restore the affected areas, 4.)
the actions taken to prevent the occurrence of violations in the future, 5.) copy of invoices for
costs incurred to correct the violation and restore affected areas, and 6.) any other information or
explanation Southern Concrete Materials wishes to present regarding the violation. The response
will be taken into consideration in penalty assessment decisions. Please send the response to:
Charlotte -Mecklenburg Storm Water Services
Attention: Craig Miller
600 East Fourth Street
Charlotte, NC 28202
This Notice is also to advise you that CMSWS is considering proceedin,- with enforcement action
and penalty assessment against Southern Concrete Materials.
In accordance with the Ordinance, Section 18-83(c) Civil Penalties, Southern Concrete Materials
is subject to civil penalties of up to Five Thousand Dollars ($5,000.00) per day beginning with the
first day of violation and every day thereafter up until the violation ceases. It is Southern
Concrete Materials responsibility to contact the investigator, Kristen O'Reilly, at (704) 517-
0814, before restoring the areas affected by the violation in order to discuss the plan for restoration
and notification to Duke Power and Charlotte Department of Transportation. Unless scheduled
earlier by Southern Concrete Materials, a follow-up inspection will occur no later than July 6,
2017 to determine compliance with the Ordinance. Please note that until that determination
occurs, Southern Concrete Materials will continue to be in violation of the Ordinance.
To report pollution or drainage problems call: 311
�1A http://stormwater,charmeck.org

Southern Concrete Materials
Attention: Mr. James Combest
page three
June 9, 2017
CMSWS will take any steps necessary to secure compliance with the Ordinance. One such step is
that CMSWS or a contractor designated by CMSWS may abate a violation and/or restore
impacted areas to their pre -violation condition should Southern Concrete Materials fail to do so in
a timely manner, especially in situations where the violation may cause an imminent threat to
human health or the environment. Any expense incurred by CMSWS for such violation abatement
and/or restoration work will be charged to Southern Concrete Materials, in addition to the civil
penalty.
If you have any questions or would like to request a meeting with CMSWS to discuss the violation
and provide additional information, please contact me at [phone] within ten (10) days
following receipt of this notice. Please be aware that a meeting request or an actual meeting with
CMSWS does not relieve Southern Concrete Materials from completing the corrective actions
listed above and does not negate a potential penalty.
Achieving and maintaining compliance with Section 18-80(a) of the Ordinance does not relieve
Southern Concrete Materials from complying with other sections of the Ordinance or other local,
state, or federal regulations.
For your information, the Ordinance is available for view on the Internet at:
http•//charlottenc gov/StormWater/Regulations/Documents/CharlotteSWPollControlOrdO6O92008
gdf. Copies of the Ordinance are also available in print or PDF file format from CMSWS upon
request.
Your prompt cooperation in this matter is requested.
Sincerely,
Craig Miller
Water Quality Supervisor
Charlotte -Mecklenburg Stoim Water Services
ru •
cc: Zahid Khan, NC DEQ
Jeff Lamm, Southern Concrete
David Grossman, Southern Concrete
Steve Jadlocki, CMSWS
Rusty Rozzelle, CMSWS
FILE: NOV Cityworks Activity Report 430869
To report pollution or drainage problems call: 311
http://stormwater.charmeck.org
C u=av m. I*.