NCG020749_NOV_20201013

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
October 13, 2020
CERTIFIED MAIL: 7008 1300 0000 1124 9004
RETURN RECEIPT REQUESTED
Merritt's Gravel Pit, Inc.
Attn: Tony Merritt
3200 Damascus Church Road
Chapel Hill, NC 27516
SUBJECT: NOTICE OF VIOLATION (NOV-2020-PC-0445)
Tony Merritt's Gravel Pit
COC No. NCG020749
Orange County
Dear Mr. Merritt:
On September 4, 2020, staff from the Raleigh Regional Office of the Division of Energy, Mineral, and
Land Resources (DEMLR) conducted a compliance inspection for the subject mine located at 3200
Damascus Church Road. A copy of the inspection report is enclosed for your review. DEMLR records
indicate that the subject mine is covered under NPDES Stormwater General Permit NCG020000 by
Certificate of Coverage (COC) NCG020749. Permit coverage authorizes the discharge of stormwater and
process wastewater to receiving waters designated as Morgan Creek (University Lake), a WS-II; HQW,
NSW, CA waterbody in the Cape Fear River Basin.
The inspection and subsequent file review revealed the following permit condition violations:
1) Failure to develop and implement a Stormwater Pollution Prevention Plan (SPPP). [Part III]
2) Failure to conduct analytical monitoring of wastewater discharges when pumping water from the
mine pit to Basin 1. [Part IV, Section D]
3) Failure to conduct analytical monitoring of stormwater discharges from stormwater discharge
outfalls. [Part IV, Section A]
4) Failure to conduct qualitative monitoring at stormwater discharge outfalls. [Part IV, Section C]
Additionally, DEMLR is concerned about the fuel storage tanks located, at the time of the inspection,
along a haul road on the east side of the property. Regardless of whether or not those tanks are mobile, the
permit states that all bulk storage of liquid materials, including petroleum products, must be in secondary
containment. You must evaluate the tanks and determine if they meet the definition of bulk storage as
defined in the permit.
0-0
D E Q�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Raleigh Regional Office 11628 Mail Service Center 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROUNA
DMa^inm1a1Enw[WM ^WGuality\ 919.791.4200

Required Response
You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice.
Your response should include a reasonable explanation as to why the aforementioned violations occurred,
along with a proposed timeline for developing a compliant SPPP and providing secondary containment
for onsite fuel storage tanks (if deemed necessary).
Thank you for your attention to this matter. State and federal law require all violations to be properly
resolved. These violations and any future violations are subject to a civil penalty assessment of up to
$25,000 per day for each violation. Should you have any questions regarding this matter, please contact
Alaina Morman at alaina.morman(cr�,ncdenr.gov or myself at [phone].
Sincerely,
0 x�4 � - La�z—
William H. Denton, IV, PE
Raleigh Regional Engineer
Enclosure: Compliance Inspection Report (9/4/2020)
cc: Toby Vinson, DEMLR Section Chief toby.vinsonancdenr.gov
David Miller, State Mining Specialist david.millergncdenr.gov
Stormwater Program File

Compliance Inspection Report
Permit: NCG020749 Effective: 03/17/16 Expiration: 09/30/20 Owner: Tony Merritt
SOC: Effective: Expiration: Facility: Tony Merritt's Gravel Pit
County: Orange 3200 Damascus Church Rd
Region: Raleigh
Chapel Hill NC 27516
Contact Person: Tony Merritt Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 09/04/2020 Entry Time 09:30AM
Primary Inspector: Alaina Morman
Secondary Inspector(s):
Certification
Phone:
Exit Time: 12:30PM
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ❑ Compliant Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Page 1 of 3

Permit: NCG020749 Owner - Facility:Tony Merritt
Inspection Date: 09/04/2020 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Ajoint compliance inspection was conducted with DAQ, DEMLR Mining Program, and DEMLR Stormwater Program.
Participants included: David Miller, Bill Denton, Will Wike, Carolyn McLain, Ian Richardson (Merritt's attorney), and Pat
Shillington (Merritt's engineering consultant).
Stormwater Violations:
No Stormwater Pollution Prevention Plan
No analytical or qualitative monitoring since 2015
Areas of concern:
There are fuel storage tanks currently located along a haul road on the east side of the property. Regardless of whether or
not those tanks are mobile, the permit states that all bulk storage of liquid materials including petroleum products must be
in secondary containment. The permittee must determine if the tanks meet the definition of bulk storage and provide
secondary containment as needed.
Page 2 of 3

Permit: NCG020749 Owner - Facility:Tony Merritt
Inspection Date: 09/04/2020 Inspection Type : Compliance Evaluation
Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
❑ 0 ❑
# Does the Plan include a General Location (USGS) map?
# Does the Plan include a "Narrative Description of Practices"?
# Does the Plan include a detailed site map including outfall locations and drainage areas?
# Does the Plan include a list of significant spills occurring during the past 3 years?
# Has the facility evaluated feasible alternatives to current practices?
# Does the facility provide all necessary secondary containment?
❑ ❑
# Does the Plan include a BMP summary?
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ N ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
# Does the facility provide and document Employee Training?
0❑ ❑
# Does the Plan include a list of Responsible Party(s)?
# Is the Plan reviewed and updated annually?
0 ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
Has the Stormwater Pollution Prevention Plan been implemented?
El 0 El ❑
Comment: Permittee has not developed or implemented a stormwater pollution
prevention plan
Qualitative Monitoring
Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually?
❑ 0 El 0
Comment: Permittee was unable to provide qualitative monitoring reports.
Analytical Monitoring
Yes No NA NE
Has the facility conducted its Analytical monitoring?
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
❑
Comment: DEMLR has copies of annual summary DMR reports for 2013, 2014, and 2015, but nothin
since then. The permittee was unable to provide evidence of current analytical monitoring
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? El E R ❑
# Were all outfalls observed during the inspection? E ❑
# If the facility has representative outfall status, is it properly documented by the Division? El ❑
# Has the facility evaluated all illicit (non stormwater) discharges? 0 El N ❑
Comment: The permittee has reconfigured Basin 1 to the point where it's largely inaccessible Outfalls
should be accessible and clearly marked.
Page 3 of 3