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Home My WebLink AboutNCG140387_NOV_20191015ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 15, 2019 CERTIFIED MAIL 47017 0190 0000 9526 9185 RETURN RECEIPT REQUESTED Benton Ready -Mix of Brunswick, Inc. Attn: Keith A. Benton Sr. 197 Barnhill Road NW Supply, NC 28462 CERTIFIED MAIL #7017 0190 0000 9526 9178 RETURN RECEIPT REQUESTED Thomas Concrete of South Carolina, Inc. Attn: Alan Wessel, President 2500 Cumberland Pkwy Ste 200 Atlanta GA 30339 CERTIFIED MAIL #7017 0190 0000 9526 9154 RETURN RECEIPT REQUESTED Thomas Concrete of South Carolina, Inc. Attn: Alan Wessel, President 3733 National Drive, Ste 124 Raleigh, NC 27612 Subject: Compliance Evaluation Inspection & Resulting Notice of Violation NPDES General Stormwater Permit NCG140000 Certificate of Coverage NCG140387 (Benton Ready -Mix of Brunswick Inc.) NOV#: NOV-2019-PC-0695 Shallotte Ready Mix Facility Brunswick County Dear Mr. Benton and Mr. Wessel: On October 14, 2019, Brian Lambe from the Which Regional Office of the Division of Energy, Mineral, and Land Resources (DEMLR), conducted a compliance evaluation inspection for Name of Facility located in 197 Barnhill Road of Brunswick County, North Carolina. The site drains to Williams Branch, which is currently classified as Class C;Sw,HQW Waters in the Lumber River Basin. The following observations and violations or permit condition violations were noted during the DEMLR inspection and file review: 1. Currently the site is permitted to Benton Ready Mix of Brunswick, Inc. The facility is operated by Thomas Concrete of South Carolina Inc. The property is owned by Benton Rentals, LLC. The permit must be addressed to the responsible party. 2. The stormwater pollution prevention plan (SPPP) must be maintained on a regular basis including yearly updates and certifications, documentation of maintenance of Best Management Practices (BMPs), and documentation of spill response. 3. Qualitative Monitoring has not been conducted per permit requirements. North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Extension Wilmington. North Carolina 28405 o�..m oivanm.aw wai� 910.796.7215 NCG 140387 Benton Ready Mix of Brunswick, Inc. Page 2 of 2 4. Analytical Monitoring has not been conducted per permit requirements. Analytical monitoring must be conducted quarterly according to Section D: Process Wastewater Discharges Analytical Monitoring Requirements. Williams Branch is classified as HQW. 5. Wastewater is comingling with stormwater. This conflicts with state stormwater permit SW8 080937 and is not allowed. 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. Submit a Notice of Intent for coverage under NCG140000. 2. Discuss improvements to the SPPP and BMPs. The BMPs may need to be adjusted to be in accordance with state stormwater permit SW8080937 requirements. 3. Immediately begin sampling per permit requirements. 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 environmeht 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 910-796-7215 or brian.Lambe@ncdenr.gov Sincerely, 0_��a Daniel Sams, PE Regional Engineer Land Quality Section Attachments: 1. BIMS Inspection Checklist 2. NO1 cc: Central Files —LF WiRO Files — Land Quality Permit: NCG140387 SOC: County: Brunswick Region: Wilmington Compliance Inspection Report Effective: 08/01/17 Expiration: 06/30/22 Owner: Benton Ready Mix of Brunswick Inc Effective: Expiration: Facility: Shallotte Ready Mix Facility 197 Bamhill Rd Contact Person: Keith A Benton Title: President Supply NC 28462 Phone: 843-369-4000 Directions to Facility: From the intersection of Royal Oak Rd (SR 1845) and US 17 northeast of Shallotte travel east toward Wilmington apx 0.7 miles turn left on Barnhill Road and travel apx 033 miles to entrance of site System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: SW8080937 Benton Ready Mix of Brunswick Inc - Shallotte Ready Mix Facility Inspection Date: 10/14/2019 Entry Time: 11:15AM Exit Time: 12.00PM Primary Inspector: Brian P Lambe Phone: Secondary Inspector(s): gin Reason for Inspection: Ro Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete SlormwalerNVaslewater Discharge COC Facility Status: ❑ Compliant E Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 3 permit: NCG140387 (timer - Facility: Benton Ready Mix of runswick Inc Inspection Date: 10/14/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: Inspection of the Shallotte Ready Mix Facility revealed that Thomas Concrete of South Carolina Inc. are the current operators of the facility. The facility was notified of a need to transfer the permit in 9/2017 and 2/2019. The facility failed to submit appropriate documents for transfer of the permit. Thomas Concrete of South Carolina is operating without a permit The facility has a stormwaler pollution prevention plan (SPPP) with the required elements. However, there is no documentation of maintenance, spills, plan updates since 2017. Employee training was documented in 5/2019. Qualitative and Analytical Monitoring has not been occurring onsite. No records were available onsite. Facility should be sampling quarterly. The TSS wastewater benchmark is 20 mg/L (2009). The sampling point is overgrown with vegetation and is not visible. Page 2 of 3 Permit: NCG140387 Owner - Facility: Benton Ready Mix of Brunswick Inc Inspection Date: 10/14/2019 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? 0 ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? 0 ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? 0 ❑ ❑ ❑ # 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? ❑ 0 ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ 0 ❑ ❑ # 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 Pany(s)? ❑ 0 ❑ ❑ # 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? 0 ❑ ❑ ❑ Comment: Documentation of yearly inspection and maintenance of SPPP and BMPs has not been conducted in 2019. One document for employee training occurred on 5/1/2019. Other documents refer to 2017 Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ❑ ❑ Comment: No monitoring has occurred onsite. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ❑ ❑ # Has the facility conducted its Analytical monitonng from Vehicle Maintenance areas? ❑ 0 ❑ ❑ Comment. No monitoring 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? ❑ ❑ ❑ # Were all outfalls observed during the inspection? E ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ ❑ Comment. Permit has not been transferred to current operators Page 3 of 3