NCG080797_NOV-2018-PC-0194 BUNCO_20180619

Strickland, Bev
From:
Lucas, Annette
Sent:
Wednesday, June 20, 2018 2:42 PM
To:
Morman, Alaina
Subject:
FW: Southeast Energy -BUNCO 6/20/2018 NoV
Attachments:
NOV-2018-PC-0194 BUNCO .pdf
Follow Up Flag:
Follow up
Flag Status:
Completed
Hi Alaina,
Wow I don't know how we ever got along here without you O. Can you please file this one?
Do you think it would be a good idea to keep the NOVs in a digital folder somewhere? Michael could scan the paper
ones if you think it's a good idea.
Annette
From: Emrick, Carrie
Sent: Wednesday, June 20, 2018 2:37 PM
To: Vinson, Toby ; Price, Zan (George) ; Lucas, Annette
Cc: Riddle, Shawna ; Aiken, Stan E
Subject: Southeast Energy -BUNCO 6/20/2018 NoV
Should you have any questions pertaining to the attachment please feel free to contact this office.
Carrie Stewart-Emrick
Administrative Office Assistant
North Carolina Department of Environmental Quality
828 296-4500 office
828 299-7043 fax
carrie.emricka-ncdenr.gov
2090 US 70 Highway
Swannanoa, NC 28778
MIK
Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

7Tb
L-1-
Energy,
June 19, 2018
CERTIFIED MAIL #7017 2620 0000 9759 6289
RETURN RECEIPT REQUESTED
Aubrey L. Edge, Manager
Southeast Bulk, LLC
7014 AC Skinner Parkway, Suite 290
Jacksonville, FL 32256
Subject: NOTICE OF VIOLATION
NOV-2018-PC-0194
Permit No. NCG080797
Southeast Energy LLC
Buncombe County
Dear Mr. Edge:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. VINSON, JR.
Interim Director
On February 14, 2018, staff of the Asheville Regional Office inspected Southeast Bulk, LLC, for
compliance with your general permit. The General Permit NCG080797 for this facility was
reissued to Southeast Energy, LLC on November 16, 2017, and is valid for one year. Site
inspection was due to a complaint of fuel oil being released into the French Broad River:
Accordingly, the following observations and permit condition violations were noted during the
inspection and subsequent file review:
1. 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. The current copy at the facility was dated July 17, 2007.
2. Southeast Bulk, LLC, is required to conduct inspections of all stormwater systems at a
minimum 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.
3. Southeast Bulk, LLC, is required to conduct Analytical Monitoring for the oil water
separator. Sampling is required twice per year during a measurable storm event.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway I Swannanca, NC 28778-8211
828 296 4500 T

Page 2 of 3
Sampling has not been conducted as required.
4. Southeast Bulk, LLC, is required to conduct Qualitative Monitoring of each stormwater
outfall. The facility has 3 outfalls. Visual inspections are required twice per year
during a measurable storm event. Monitoring is not being conducted and required.
Southeast Bulk, LLC, is required to provide secondary containment for bulk storage of
liquid materials in order to prevent leaks and spills from contaminating stormwater
runoff. Onsite secondary containment is a block wall system. An underground
stormwater drainage pipe was connected to the secondary containment area
stormwater pipe leading to the French Broad River. The shut-off valve was not in
operation/left open and unlocked resulting in an unknown amount of heating oil to
be discharged thru the pipe and into the river.
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 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 secondary containment area.
2. Remove all product from the 20,000 gallons, and two 15,000 gallons aboveground
storage tanks. Provide details of where the product will be moved to and if this location
has a current Stormwater Permit.
3. Install additional measures (oil -absorbent booms) at all stormwater outfalls adjacent to
the French Broad River.
4. Submit documentation that the drainage pipe connected to the secondary containment
stormwater outfall has been capped and is no longer in use.
5. 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/continued violations that may be encountered.
This office requires that the violations, as detailed above, be abated immediately and
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.
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.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway ( Swannanoa, NC 28778-8211
828 296 4500 T

Page 3 of 3
Sincerely,
Stanley E. Aiken, PEGn
Regional Engineer
Asheville Regional Office
ec: William E. Vinson, PE, Interim Director, DEMLR ([e-mail])
Zan Price, PE, Assistant Regional Supervisor Water Quality Regional Operations Section
(Zan.Pricena,ncdenr. gov)
Annette Lucas, PE, Stormwater Program Supervisor, DEMLR,
(annette.lucas@ncdenr. gov)
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway I Swannanoa, NC 28778-8211
828 296 4500 T