NCG080797_NOV-2022-PC-0038_20220214

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
February 14, 2022
CERTIFIED MAIL # - 7021 0350 0000 1637 9965
RETURN RECEIPT REQUESTED
Aubrey L. Edge, Manager
Southeast Bulk, LLC
7014 AC Skinner Parkway, Suite 290
Jacksonville, FL 32256
Subject: NOTICE OF VIOLATION
NO K2022-PC-0038
Permit No. NCGO80797
Southeast Energy LLC
Buncombe County
Dear Mr. Edge:
On December 29, 2021, and January 21, 2022, staff of the Asheville Regional Office inspected
Southeast Bulk, LLC, for compliance with your general permit. Site inspection was due to a
complaint of fuel oil being released into the French Broad River.
Accordingly, the following permit condition violations were noted during the inspections and
post inspection file review:
The facility does not have a current Stormwater Pollution Prevention Plan (SPPP). This is
a permit requirement. Southeast Bulk, LLC, must have all permit required
documentation, plans, and reports on file at the facility. The SPPP is to be updated
annually. SPPP is not current, sampling and inspections are not being conducted at
all outfalls as required.
2. Southeast Bulk, LLC, is required to conduct inspections of all stormwater systems at a
irininiu n on a semi-annual schedule. The inspection and any subsequent maintenance
activities performed shall be documented and included in the SPPP. Inspections are not
being conducted as required. The facility has 2 outfalls. Only one outfall is being
sampled.
3. Southeast Bulk, LLC, is required to conduct Analytical Monitoring for the oil water
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
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Notice of Violation
Southeast Bulk, LLC NCG080797
February 14, 2022
Page 2 of 3
separator. Sampling is required twice per year during a measurable storm event.
Sampling has not been conducted as required.
4. Southeast Bulk, LLC, is required to conduct Qualitative Monitoring of each stormwater
outfall. The facility has 2 outfalls. Visual inspections are required hvice per year
during a measurable storm event. Monitoring is not being conducted and required.
5. Southeast Bulk, LLC, is required to notify within 24 hours for oil spills that are over 25
gallons, less than 25 gallons but cannot be cleaned up within 24 hours, cause sheen on
surface waters (regardless of volume) or are within 100 feet of surface waters (regardless
of volume). The facility did not notify the Department of Energy, Mineral, and Land
Resources (DEMLR) Asheville Regional Office within the required time period.
6. Southeast Bulk, LLC, is required within 7 calendar days to submit in writing a report
containing a description of the noncompliance event to the DEMLR Asheville Regional
Office. The facility did not submit the required notification in writing Nvithin the
required time period.
Required Response
Accordingly, you are directed to respond to this letter in writing within 15 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:
1. Cease all discharges from the storm drain system.
2. Investigate potential source of the product that was leaked into the storm drain system.
3. Install additional measures (oil -absorbent booms) at all stormwater outfalls adjacent to
the French Broad River.
4. Conduct sampling and monitoring as required on all outfalls.
5. Submit documentation that the drain system leading to the outfall 42 in the parking lot
has only stormwater and no other potential illicit sources.
6. Submit a current Stormwater Pollution Prevention Plan to this office and immediately
implement the plan onsite.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Energy, Mineral, and Land
Resources regarding these issues and any future/contimied violations that may be encountered.
This office requires that the violations, as detailed above, be abated immediately anti
properly resolved. Environmental damage and/or failure to secure proper authorizations have
been documented on the subject tract as stated above. Your efforts to undertake activities to
bring the subject site back into compliance is not an admission, rather it is an action that must be
taken in order to begin to resolve ongoing environmental issues.

Notice of Violation
Southeast Bulk, LLC NCG080797
February 14, 2022
Page 3 of 3
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your
above -mentioned response to this correspondence, the degree and extent of harm to the
environment and the duration and gravity of the violation(s) will be considered in any civil
penalty, assessment process that may occur. Should you have any questions regarding these
matters, please contact Shawna Riddle or me at 828-296-4500.
Sincerely,
Stanley E. Aiken PE
Regional Engm er
Asheville Regional Office
ec: William E. Vinson, PE, Chief of Program Operations and NCORR Liaison
(toby.vinsongncdenn og_v)
Albert B. Cole, PE, Albert B. Cole, PE, Section Chief of Regional Operations
([e-mail])
Bethany Georgoulias, Environmental Engineer (bethanv.geor ouliaskncdenr.eov)
Landon Davidson, PG, Regional Supervisor Water Quality Regional Operations Section
([e-mail])
Kevin J. Kusmirek, Environmental Director Petro Services, Inc.
(kku smirek(2firstcoastenergy.com)

Compliance Inspection Report
Permit: NCG080797 Effective: 07/01/21 Expiration: 06/30/26 Owner : Southeast Energy LLC
SOC: Effective: Expiration: Facility: FCE #9406
County: Buncombe 288 Lyman St
Region: Asheville
Asheville NC 28801
Contact Person: Patrick Smith Title: Phone: [phone]
Directions to Facility:
System Classifications: SWNC..
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
24 hour contact name
Related Permits:
Inspection Date: 01/21/2022
Primary Inspector: Shawna Riddle
Secondary Inspector(s):
Certification:
Phone:
Kevin J Kusmirek 904-596-3242
Entry Time 08:45AM Exit Time: 09:10AM
Phone: [phone]
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page 1 of 3

Permit: NCG080797 Owner- Facility: Southeast Energy LLC
Inspection Date: 01/21/2022 Inspection Type : Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
Follow-up inspection to the original oil release complaint. The boom had recenly been replaced in the storm drain system in
the parking lot. I did detect a slight odor coming from the storm drain system, but did not observe a sheen in the river at the
outfall.
The facility did not notify DEMLR within 24 hours of the incident on 12/29/21, and did not submit written notification within 7
days as required. Post inspection review of DMR's and maintenance records indicate that only one outfall is being sampled
and monthly inspections haven't been comducted since February 2020.
Page 2 of 3

Permit: NCGO80797 Owner- Facility: Southeast Energy LLC
Inspection Date: 01/21/2022 Inspection Type : Compliance Evaluation
Reason for Visit: Follow-up
Stormwater Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
E
❑ ❑ ❑
# 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?
❑
0 ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
❑
E ❑ ❑
# Does the facility provide all necessary secondary containment?
❑
0 ❑ ❑
# Does the Plan include a BMP summary?
❑
0 ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
0
❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
❑
0 ❑ ❑
# Does the facility provide and document Employee Training?
❑
❑ 0 ❑
# Does the Plan include a list of Responsible Party(s)?
N
❑ ❑ ❑
# Is the Plan reviewed and updated annually?
❑
0 ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
E
❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
❑
E ❑ ❑
Comment: SPPP has not been updated and is not being followed
Qualitative Monitoring
Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑
Comment: monitoring has not been completed
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? 0 ❑ ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ on
Comment: only one outfall is being sampled
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? E ❑ ❑ ❑
# Were all outfalls observed during the inspection? 0 ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ 0 ❑
# Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑
Comment:
Page 3 of 3

Compliance Inspection Report
Permit: NCG080797 Effective: 07/01/21 Expiration: 06/30/26 Owner : Southeast Energy LLC
SOC: Effective: Expiration: Facility: FCE #9406
County: Buncombe 288 Lyman St
Region: Asheville
Asheville NC 28801
Contact Person: Patrick Smith Title: Phone: [phone]
Directions to Facility:
System Classifications: SWNC,
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
24 hour contact name
Related Permits:
Inspection Date: 12/29/2021
Primary Inspector: Michael M Smith
Secondary Inspector(s):
Certification:
Phone:
Kevin J Kusmirek 904-532-42
Entry Time 04:45PM Exit Time: 05:30PM
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Spill/Emergency Response
Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
(See attachment summary)
Page 1 of 3

Permit: NCG080797 Owner • Facility: Southeast Energy LLC
Inspection Date: 12/29/2021 Inspection Type : Spill/Emergency Response Reason for Visit: Routine
Inspection Summary:
Inspection due to a complaint of fuel leaking from the bank of Mountain Energy property into the french Broad River.During
the investigation I did not observe an oil sheen in the river. I did observe facility personnel installing booms at the outfall in
the river. The warehouse was had a number of full oil drums with some located laying on their sides, and a one section of the
storm drain system located in the parking lot was full of a liquid.
Page 2 of 3

Permit: NCG080797 Owner- Facility: Southeast Energy LLC
Inspection Date: 12/29/2021 Inspection Type : Spill/Emergency Response Reason for Visit: Routine
Page 3 of 3