NCG020775_NOV_20230616

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
DOUGLAS R. ANSEL
In terim Director
CERTIFIED MAIL: 7020 1810 0002 1109 4996
RETURN RECEIPT REQUESTED
401 Sand Company LLC
Attn: John A. Lindsay
P.O. Box 122
Raeford, NC
NORTH CAROLINA
Environmental Quality
June 16, 2023
Subject: NOTICE OF VIOLATION (NOV-2023-PC-0227)
NPDES Stormwater General Permit NCG020000
401 Sand Company LLC
A&H Mine, Certificate of Coverage NCG020775
Hoke County
Dear Mr. Lindsay:
On May 30, 2023, Bailey Taylor and Penny Markle from the Fayetteville Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR), conducted a site inspection for the A&H Mine facility located at Doc Brown Road, Hoke
County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Josh Byrd also present
during the inspection and his time and assistance is greatly appreciated. The site visit and file review revealed that the
subject facility is covered by NPDES Stormwater General Permit NCG020000 under Certificate of Coverage NCG020775.
Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as an unnamed
tributary to Beaver Creek, class C waters in the Cape Fear River Basin.
As a result of the site inspection, the following permit conditions violation(s) are noted:
1) Stormwater Pollution Prevention Plan (SWPPP)
The facility's SWPPP has not been updated since 2021. Per Part B-15 of the current NCG020000 "All aspects of the
SWPPP shall be reviewed and updated on an annual basis".
2) Qualitative Monitoring
The facility has not been conducting qualitative monitoring Per Part E, Section E-1(b) "visual inspections shall be performed
concurrent with required analytical monitoring".
3) Analytical Monitoring
The facility has not been conducting analytical monitoring Per Part F, Section F-1(d) "Samples shall be collected from four
separate monitoring periods per year...".
Other Observations
Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the
inspection.
Requested Response
You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response
should include a reasonable explanation as to why the aforementioned violation(s) have occurred as well as a Plan of Action
to prevent these violation(s) from recurring.
North Carolina Department of Environmental Quality 1 Division of Energy, Mineral and Land Resources
Moan-i cnaouN.� Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
nWrW, �t or �„mmnnw��� o�•nry 910.433,3300

Action Items
Immediately review and amend the facility's SWPPP as needed and begin incorporating documentation pertaining to the
annual update requirements of the permit. Conduct and record monitoring per the conditions of the permit.
Thank you for your attention to this matter. This office requires that the violations, as detailed above, 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 these matters, please contact Bailey Taylor or myself at
[phone].
Sincerely,
Timothy L. LaBounty, PE
Regional Engineer
DEMLR
TUBLT
Enclosure: Compliance Inspection Report
ec: John A. Lindsay, Owner — 401 Sand Company LLC
Toby Vinson, Jr., PE, CPESC, CPM, Chief of Program Operations — DEMLR
Brad Cole, PE, Chief of Regional Operations — DEMLR
Michael Lawyer, CPSWQ — Stormwater Program Supervisor — DEMLR (via email)
Kieu Tran, Environmental Specialist, Stormwater Program— DEMLR (via email)
DEMLR NPDES Stormwater Permit Laserfiche File
cc: FRO — DEMLR, Stormwater Files