The URL can be used to link to this page

Home My WebLink AboutNCG140403 - Compliance LetterEnergy, Mineral and Land Resources ENVIRONMENTAL QUALITY June 25, 2018 CERTIFIED MAIL 7017 0190 0000 9526 8645 RETURN RECEIPT REQUESTED OIB Ready Mix Concrete, LLC Attn: Grady L. Simmons, Jr. PO Box 944 Lumberton, NC 28358 ROY COOPER Governor MICHAEL S. REGAN 'Secrefory WILLIAM E. (TOBY) VINSON In/erim Director Subject: Compliance Evaluation Inspection & Resulting Notice of Violation NPDES General Stormwater Permit NCG140000 Certificate of Coverage NCG140403 OIB Ready Mix Brunswick County Dear Mr. Simmons: On June 20, 2018, Brian Lambe from the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (DEMLR), conducted a compliance evaluation inspection for OIB Ready Mix located on Loblolly Lane, Brunswick County, North Carolina. The site drains to Intracoastal Waterway, which is currently classified as Class SA, HQW Waters in the Lumber River Basin. This site was issued an NPDES Stormwater General Permit (No. 140403) on January 7, 2011. The permit requires a written Stormwater Pollution Prevention Plan within 12 months of receiving coverage under the General Permit. The permit also requires quantitative monitoring of stormwater discharges from the site. Failure to follow your permit requirements is a violation of North Carolina General Statute 143- 215.1(a). Accordingly, the following observations and permit condition violations were noted during the Division of Energy, Mineral, and Land Resources inspection and subsequent file review: 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been developed, recorded, and properly implemented. The failure to develop this plan represents a violation of the requirements specified in Part III. Items 1-10 of the NPDES General Stormwater Permit 140000. 2) Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. The failure to conduct analytical monitoring represents a violation of the requirements specified in Part IV. Section A and Section D of the NPDES General Stormwater Permit 140000. Section A relates to stormwater discharges, while Section D relates to wastewater discharges. 3) Qualitative Monitoring State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension, Wilmington, NC 28403 919 796-7215 T OIB Ready Mix NCG140403 June 25, 2018 Page 2 of 2 Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. The failure to conduct qualitative monitoring represents a violation of the requirements specified in Part IV. Section C of the NPDES General Stormwater Permit 140000. 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. Develop and implement a stormwater pollution prevention plan incorporating the required elements as listed in the permit text. 2. Begin analytical and qualitative sampling regimes immediately. 3. Install best management practices to retain sediment and pollutants onsite. 4. The wastewater may be permitted with NCG140000 or with a closed loop recycle system (CLRS) through the Division of Water Resources. 5. Respond to this notice of violation must include a schedule of compliance, including a plan documenting best management practices to be installed. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of DEMLR 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 Brian Lambe or me at 910-796-7313 or me at 910-796-7215. Sincerely, Daniel Sams, PE Regional Engineer Land Quality Section Attachments: 1. BIMS Inspection Checklist cc: Central Files — DEIVILR WiRO Files — Land Quality Daniel Simmons, Manager: 0113 Ready Mix Concrete, LLC PO Box 944, Lumberton, NC 28358 d N Compliance Inspection Report Permit: NCG140403 Effective: 08/01/17 Expiration: 06/30/22 Owner: Oib Ready Mix SOC: Effective: Expiration: Facility: OIB Ready Mix County: Brunswick 1581 Loblolly Ln Region: Wilmington Ocean Isle Beach NC 28469 Contact Person: Daniel P Simmons Title: Phone: 910-374-8000 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 06/20/2018 Entry Time: 12:20PM Primary Inspector: Brian P Lambe• — l_ Secondary Inspector(s): Certification: Phone: Exit Time: 01:10PM Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status: E] Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG1404C3 Owner - Facility: Oib Ready Mix Inspection Date: 06/20/2018 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: Met with Kevin Smith; site operator. He relayed that Daniel Simmons is not involved with the business anymore, rather; Grady 'Butch" Simmons is the owner. The site has neglected to prepare a stormwater pollution prevention plan as per permit requirements. The site has not sampled the stormwater or wastewater discharging the site. The site discharges wastewater from stockpile areas and truck washdown loading area. Sediment can easily runoff from three sides of the property into a ditch. The ditch is does not have a lot of freeboard. Chemicals are not stored in secondary storage. An open oil drum is open to stormwater. Barrels are not labeled. Page: 2 9 Permit: NCG140403 Owner. Facility:Oib Ready Mix Inspection Date: 06/20/2018 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? ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ❑ 0 ❑ ❑ # 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? ❑ N ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ E ❑ ❑ # Does the Plan include a BMP summary? ❑ E ❑ ❑ # 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)? ❑ 0 ❑ ❑ # Is the Plan reviewed and updated annually? ❑ E .❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ 0 ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ 0 ❑ ❑ Comment: No stormwater pollution prevention plan was available during inspection. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: . No sampling has occurred onsite. 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? ❑ ❑ 0 ❑ Comment: No sampling has occurred onsite. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ N ❑ ❑ # Were all outfalls observed during the inspection? N ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ E ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ E ❑ ❑ Comment: Permit has been neglected. Page: 3