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COLUM-2019-010_Malec Bros Acme Station WiRO HISTORICAL FILE_20190404
ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality April 4, 2019 NOTICE OF VIOLATION'S OF THF: SFaUN'lFNI'ATION POLLUTION CONTROL ACT AND GENERAL PER -NUT- NC(: 01.0000 TO DISCFIARGE STORMWATER UNDER THE NATIONAL 1'OLLU"1'AN"I' 1)ISCInAIt(.�E ELPAUNATION SYS I'Ekl FOR CONSTRUCTION ACTIVITIE'S Clj11'I'l171171) NMAIL 7017 0190 0000 9526 7938 RETURN RECF:IP'f' RI?QUI?S"E'1?1) Malcc Brothers Transport, LLC Attn: Matihekv Malec, Registered Agent 3944 River Road Wilmington. NC 28412-5240 CERT1IAF D MAIL 7017 0190 0000 9526 7945 RETURN RIi.CEirr REQut-sa I) Acne Station, LLC Attn: Emily Grice, Registered Agent 2629 Neils l-ddy Road Reigelwood, NC 28456 RE: Project Name: Malec Brothers Acme Station Facility Project ID: Colum-2019-010 County: Columbus Compliance Deadlines: 15 days frorn receipt for SPCA violations 15 clays from receipt for Construction Stormwater Permit i\CG 010.000 violations Dear Sir or -Madam: On March 27, 2019 personnel of this office inspected a project located on Old 87 Road, Acme in Columbus County; North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 and General Perrnit — NCG 010000 to Discharge Stonrrwater Under The National Pollutant Discharge Elimination System for Construction Activities (Construction Storinwater ��� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources e:.ew::f E•J Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ry0PTH G4ROLmw 910.796.7215 \•lalec Brothers Acme Station Colum-2019-010 April 4, 2019 Permit :-NCG 010000), The inspection revealed a land -disturbing activity of approximately 5 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the SPCA, G.S. 1 13A-50 to 66, 'hide 15A, -, orth Carolina Administrative Code (NCAC), Chapter 4 and Construction Stormwater Permit \'CG 010000. if you feel that you are not responsible for the following violations; please notify this office immediately. The violations of the SPCA that were found are: Failure to file an erosion and sedimentation control plan with this office 30 or more days prior to initiating any land -disturbing activity that will disturb more than one acre on a tract, failure to secure this office's prior approval of the plan for any land - disturbing activity prior to beginning the ]and -disturbing activity. G.S. 1 13A-54(d)(4), G.S. 1 13A-57(4) and 15A \CAC 413.0107(c). 2. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 1 13A-57(3). No measures have been installed to retain sediment onsite. 3. Failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A -'CAC 413 .0105. No measures have been installed to retain sediment onsite. The violations of the Construction Stormwater Permit \CG 0.100110 that were found are: Discharge of stormwater without a permit. l.iecause the land -disturbing activity does not have an approved erosion and sedimentation control plan it does not have coverage under the Construction Stormwater Permit \CG 010000 and you are not permitted to discharge stormwatcr. G.S. 143-215.1(a) and 15A :\.C.A.C. 021.1 .0126 2. failure to operate and maintain control measures, N'CG 010000 Section Iti, 1) The permittee shall at all times properly operate and maintain all control measures and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. To correct these violations, you roust: 1. Submit three (3) copies of an approvable sedimentation and erosion control plan and the appropriate plan review fbc to this off ice. Until the required plan has been approved, no land -disturbing activity may be conducted; except that which is necessary to bring the site into compliance. Unt.11 an erosion and vlalec Rrothus Acrne Station Colum-2019-010 April 4, 2019 sedimentation plan has been approved, any land -disturbing activity; except that which is necessary to bring the site into carnplianc.e, will co.nstatute additional violations of the SPCA and G.S. 143-215.1(a) and 15A N.C.A.C. 0211 .0126 . Followitig our review of the plan witliin 30 days of receipt; this office will notify you that the plan has been approved, approved with modifications or disapproved. following approval of die plan; all land - disturbing activity on the site must be corzcluct.ed in accordance with the terms of the approved plan; the, SPCA and the implementing rules and Construction Storntwate.r Permit \CG 010000. 2. Tnstal.l measures to retain sediment onsite under direction of an engineer. SPCA Violations The violations of the SPCA cited herein may be referred to the Director- of the Division of Energy; Mineral and Land Resources (Direcior) for appropriate enforcement action, including civil penalty assessments for an initial one -day violation and/or a continuing violation. The penalty for an initial one -day violation of the SPCA may be assessed in an amount not to exceed S5,000.00. The Division of Energy. Mineral and Land Resources is not required to provide a time period for compliance before. assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations of the SPCA regardless of whether the violations are corrected within the time period set out below. In addition, if the violations of the SPCA cited herein are ztot corrected Nvithinl5 calendar days from receipt of this Notice, this office may request that the Director take appropriate legal action against you for continuing violations pursuant. to NCGS 113A-61.1 and 113A-64. A penalty may be assessed from the date of the violation of (lie SPCA, pursuant to NCGS 113A-64(a)(1), and for each clay of a continuing violation of [lie SPCA in an amount not to exceed $5,000.00 per day. Construction Stormwater Permit NCG 01_0000 Violations The violations of the Constniction Stortnwater Permit NCG 010000 cited herein rnav be referred to the Director of the Division of Energy, it .Meral and Land 1esources (Director) for appropriate enforcerrrent action; including civil penalty assessments for a continuing violation. This Notice serves as a letter of proposed civil penally assessrner�t. You have 15 calendar days from receipt of this Notice by certified mail to cease the violations listed above; and to submit in writing reasons why the civil penalty should not be assessed. Accordingly; you are directed to respond to this letter in writing within 15 calendar clays of receipt of this Notice by certified mail. Your response shotdd be sent to #his regional off -tee at the letterhead address and include the followlllg: Malec t3rothers Acme Station Colurn-2019-0 10 April 4, 2019 l . The date by which the corrective actions listed above have been or will be coiripieied. 1 2. A plan of action to prevent future violations. 3. A plan for restoration of sedimentation damage. 4. Reasons why a civil penalty shoitld not be assessed. We solicit your cooperation and would like to avoid taking further enforcement ,.talon. At the saint time, it. is your responsibility to understand arid comply ���ith the requirements of the SPCA and Construction Stormwater Permit NCG 010000. Copies of the relevant st,.iS.ute and administrative rules inay be examined al this office or NvIll. be sent to you upon request. Should you have questions concerning this notice or the requirements of the SPCA and Construction Stormwater Permit . -CC, 010000 picric contact either Brian Lambe (f-3rian.Lanibe@ncdenr.gov) or me 'it VOLir earliest Convenience. Sincerely, Daniel Sams, 1'E Regional Engineer Land Quality Section Enclosures: Sedimentation Inspection Report Construction Stormwater Permit.NTCCr 010000 Financial Responsibility Form R.rosion Control Plan Checklist. North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension, Wilmington, NC 28405 (910) 796-7215 County: Columbus Project: Malec Rrothers Transport Group Acme River basin: Cape Fear Person tinartcially responsible: Malec Brothers Transport, LLC - Matthew Malec, Project iJ: COLUM-2019-010 Registered Agentt Address: 3944 River Road, Wilmington, \'C 28412 1. Project Location: Old S7 Road, Acme Pictures: No 2. Weather and soil conditions: 40s clear dry Initial inspection: Yes 3. Is site currently under notice of violation? \`o 4. is the site in compliance with S.I'.C.A. and rules? No If no, check violations below: 5. Violations: ✓ a. No approved plan, G.S. 113A-57(4) and 15A NCAC.4B .0107(c) ✓ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ✓ F. Failure to take all reasonable measures, 15A NCAC 4B .0105 ✓ s. Failure to install and maintain BMP's, NCG 010000 Sec. I11, 4 ✓ t. Failure to operate and maintain control measures, \TCG 010000 Sec. IV, l ✓ v. Other NPDES (describe) Failure to obtain permit 6. Is the site in compliance with the \ I'DES Permit? No Describe: 7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply) ✓ Other Properly Description: Road ditch Degree of damage: Slight S. Contact made with (narne): James Harris Title: Chief Operating Officer Inspection report: Sent Report Date given/sent: April 04, 2019 9. Corrective action needed: L Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed. 2. Jnstall erosion and sediment control devices sufficient to retain sediment on the tract. 3. Take a1J reasonable measures to prevent sedimentation damage to adjacent properties. 4. Install and maintain measures to divert storm run-off through the stormwater control facilities, such as but not hinited to temporary sediment traps or basins. 5. Submit for coverage of the NPDES NCG010000 construction general permit. 10. Comnrents: Refer to Notice of Violation for compliance actions Brian. Lambe c&cdenr.gov 910-796-7215 North Carolina Department. of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension, Wilmington, _ IC 28405 (910) 796-7215 910496-734d Reported by: Brian Lambe ]late of inspection: March 27, 2019 cc Others present: Time arriving on site: 9:30 AM Time leaving site: 9:50 AM ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Errvironmenta! Quality March 26, 201 S CERTIFIED MAIL 7017 0190 0000 9526 7938 RETURN RECEIPT REQUESTE, D lvlalec Brothers Transport; LLC Attn: Matthew 11 [alec, Registered Agent 3944 Riven Road Wilmington, NC 28412-5240 yL CERTIFIED MAIL 7017 0190 0000 9526 79� ,tiy�F9 V R.IETURN RECEIP`Y, REQUESTED Acnle, Station, LLC Aftn-1 Emily Grice, Registered Agent 2629 Neils Eddy Road. Reigelwood; NC 28456 Subject: Compliance Evaluation Inspection & Resulting Notice of Deficiency Nl'DES General Stormwater Permit NCG210000 Certificate of Coverage None WT002683 Malec Brothers Acme Station Facility Coluinbus County Dear Ms. Grice and Mr. Malec: On March 27, 2019, staff from the Wilmington Regional Office of the.Division of Energy Mineral and Land 1Z.esources (DEI�ILR}; coFlducted a site inspection for the ir.act/projec(. known as Malec Brothers Acine Station.1'acility.located in Collirnbus County, North Carolina. The site drains to the N11.11 Creek, which is currently classified as Class C, Sw Waters in th3 Cape Fear Rrver Basin. The following observations were noted during the DEMLR inspection (please see the attached addendum .for additional information about your permit): 1. Industrial stormwater permit coverage has not been applied for. The site is engaged in activities classified as Lutnbe-r and Wood Products SIC code 24 or like activities. The site discharges storinwater through roadside ditches leading to Mill Creek and the Cape Fear Cover'. �p North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources k yl ✓-} 7 [ ; Wilmington Regional Office 1 127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405 �or:rn curouru �' . °°w °�. '"E^ ^'^� m •� /jam 910.796.7215 Malec Brothers Acme Station WT002683 Page 2 or 2 RequiredResponse I. - You are directed to respond #o this letter in writing within 15 calendar clays. of receipt of this -Nollce. Your response should be sent to this office at the letterhead address and include a schedule fo3- compliance with the permit. 2. SubmitNotice of Intent to Central Office for consideration of coverage of ," PDES NCG210000. 3. Develop and implement a Stortnwatt r Pollution Prevention flan (SPPi'). Submit cagy of the SPPP to this office for review with 30 calendar days of receipt of permit coverage. Include all required minimum elernents. 4. Implement the required sampling protocol as outlined in the permit. Thank you for your attention to this matter. This office requires that the violations as described above be pro Derly resolved, . Ltuesolv'cd violations may lead to the issuance of a Notice of Violation ai Vor assessments of civil penalties. Thank you for your assistance and cooperation during this inspection. Tease be advised that violations of the NPDES Storznwater General Permit may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. If you have any questions, cotzlrnems; or need assistance with trnclerstanding any aspect of your permit, please do not 1lesitate to contact Brian Lambe( 13rian.L,ambercr),ticde:ir.Lov} or nee at (910) 796-7215. Sincerely, Daniel Sams, PE Regional Engineer Land Quality Section Attachments: l3IMS lnspection Checklist cc: Wi O files Land Quality Site Inspection Report Site Number: WT002083 Site Name: Malec Brothers Acme Station Site Address: 1507 Cronly Dr County: Columbus Directions: Intersection of Old 87 Road and Cronly Road. Latitude: 134° 19` 28" Site Owner Name: Acme Station LLC Inspection Date: 03/27/19 Reason for Inspection: Routine Inspection Type: Site Inspection (DOT) Inspection Contact Person: On -Site Representative(s): Primary Inspector: Brian P Lambe Secondary Inspector(s): Facility Compliance Status: ❑ Compliant 5 Not Compliant Program Areas: NPDtrS SW - Industrial Question Areas: 0 Failure to Secure NPDES St Region: Wdminaton Longitude: -78° 12' 19" Phone: Phone: Inspection Summary: Met with James Harris, Chief Operating Officer, representing Malec BrothersTransport ransport Group. The site is being cleared and needs an erosion control plan and a construction Ni permit. Refer io Notice of Violation for COLUM-2019-0 i0, The site is operating a debarking operation for pacF;aging into shipping containers. page: I Site Number: 1NT002683 Owner: Acme SLMiorl LLC Inspection Date: 03/27/19 Inspection Type: Sile Inspection (DOT) Reason for Visit: Routine Failure to Secure NPDES SW Permit Does the site have a NPDES Industrial Stormwaler Permit? Comment: Site has not submitted for coverage for the NPDES industrial stormv.ater permit NCG2 10000 Timber Products. The facility is currently operating as a debarking site for logs. Yes No NA NE ❑❑' ❑ ❑ CERTIFIED ' y O . ■ m Domestic Er r- For delivery information, visit our website at www.usps.comll. Certified Mail Fee $ Extra Services & Fees (check box, add lea as spproprtam C3 C3Return Receipt (hardcopy) $ C3 tp Realm Receipt (electr Nc) $ Postmark C3 L] Certlffed Mall Restricted Debwy S Here C3 ❑ Aduft Slgnahm Repuhad $ ❑ Adult Slg m re Restrcted DOAwy S E3 Q" , ostage r'i © Total Postage ane - �$ Malec Brothers Transport, LLC. Bh Sent To p s;:anuat-; Matthew Malec 3944 River Rd. Wilmington, NC 28412-5240 page: 2 :f ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality April 4, 2019 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLL4�TION CONTROL ACT AND GENERAL PERMIT - NCG 010000 TO DISCHARGE STO101WATER UNI)ER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOR CONSTRUCTION ACTIVITIES CERTIFIED MAIL 7017 0190 0000 9526 7938 RETURN RECEIPT REQIIESTED Malec BrothersTransport, LLC Attn: Maithew Malec, Registered Agent 3944 River Road Wilmington, N'C 28412-5240 CERTIFIED MAIL 7017 0190 0000 9526 7945 RETURN REMPT REQUESTED Acme Station, LLC Attn: Emily Grice, Registered Agent 2629 Neils Eddy Road Reigelwood, NC 28456 RE: Project Name: Malec Brothers Acnie Station Facility Project ID: Colum-2019-010 County: Columbus Compliance Deadlines: 15 days from receipt for SPCA violations 15 days from receipt for Construction Stormwater Permit NCG 010000 violations Dear Sir or Madam: On March 27, 2019 persorunel of this office inspected a project located on Old 87 Road, Ae ne in Columbus County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 and General Permit — iNCG 0 10000 to Discharge St.ormwater Under The National Pollutant Discharge Elimination System for Construction Activities (Construction. Stormwater rl ' North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources •.� Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 20_a�,W Q "Tslle� 9tO.796.7215 Malec Broths Acrne Staiion Colum-2019-010 A pri 14. 2019 Permit NICG 010000). The inspection revealed a land -disturbing activity of approximately 5 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation ofthe SPCA, G.S. 113A-50 to 66, Title 15A; North Carolina Administrative Cod (N°°CAC), Chapter 4 and Construction Stormwater Permit NCO 010000. If you feel that Trott are not. responsible for the Following violations, please notify this office immediately. The violations of the SPCA that were found are: Failure to file an erosion and sedimentation control plan with this office 30 or more days prior to init.iating any land -disturbing activity that will disturb more than one acre on a tract, failure to secure this offices prior approval of the plan for any land - disturbing activity prior to beginning the land -disturbing activity. G.S. I I3A-54(d)(4); G.S. I I3A-57(4) and 15A NCAC 4.13.0107(c). 2. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 113A-57(3). No measures have been installed to retain sediment onsite. 3, Failure to take all reasonable measures to protect all public and private property franc damage by such land -disturbing activities. 15A 1\'CAC 4B .0105. -NTo measures have been installed to retain sediment onsite. The violations of the Construction Stormwater Permit \'CG 01.0000 that Were found a re: Discharge of stormwater without a permit. Because the land -disturbing activity does not have are approved erosion and sedimentation control plan it does not have coverage under the Construction Stormwater Permit. NCG 010000 and you are not permitted to discharge stormwater. G.S. 143-215.1.(a) and 15A N.C.A.C. 02H .012E 2. Failure to operate and maintain control measures, NTCG 010000 Section IV, 1) The permittee shall at all times properly operate and rnauitain all control treasures and systems of treatinent and control (and related appurtenances) which are installed or used by the permittee to achieve compliance Nvith the conditions of this general permit. w' To correct thcse violations, you must: 1. Submit three (3) copies of an approvable sedimentation and erosion control plan and (lie appropriate plan review fee to this office. Until the required plan has been approved, no land -disturbing activity may be conducted; except that which is necessary to bring the site into compliance. Until an erosion and .f Malec Brothers Acme Station COlnrn-2019-010 April 4, 2019 sedimentation plan has been approved, any land -disturbing activity; except that which is necessary to bring the site into compliance, will constitute additional violations of the SPCA and G.S. 143-215.1(a) and 15A N'.C.A.C. 0214 .0126 . Following our review of the plan within 30 days of receipt, this office will notify you that the plan has been approved; approved with modifications or disapproved. l~ollowvmg approval of the plan, all land - disturbing activity on the site must be conducted in accordance with the terms of the approved plan; the SPCA and the implementing rules and Construction Stormwater Permit"NCO 010000. 2. Install measures to retain sediment. onsite under direction of an engineer. SPCA Violations The violations of the SPCA?. cited herein may be referred to the Director of the Division of Energy, R7ineral and Land Resources (Director) for appropriate enforcement action; including civil penalty assessments for an initial one -day violation and/or a continuing violation. The penalty for an initial one -day violation of the SPCA may be assessed in an amount not to exceed $5,000.00. The Division. of Energy. Mineral and Land Resources is not required to provide a time period for compliance before assessing an initial penalty for the violations of the SPCA cited hereirt. Please be advised that a civil penalty ntay be assessed for the initial day of violations of the SPCA regardless of whether the violations are corrected within the time period set out below. In addition, if the violations of the SPCA cited herein are not corrected withiil 5 calendar days from receipt of this Notice, this office may request that the Director take appropriate legal action against you for continuing violations pursuant to NCGS l 13A-61.1 and 113A-64. A penalty may be assessed from the date of the violation of the SPCA; pursuant to NCGS 113A-64(a)(1), and for each day of a continuing violation of the SPCA in an amount not to exceed S5,000.00 per day. Construction Stormwater Permit NCG 010000 Violations The violations of the Construction Stormwater Permit. NCG 010000 cited herein may be referred to the Director of the Division of Energy, Mineral and land Resources (Director) for appropriate enforcement action, including civil penalty assessments for a continuing violation. This Notice serves as a letter of proposed civil penalty assessment. You have 15 calendar clays from receipt. oFthis Notice by certified mail to cease the violations listed above, and to submit in writing reasons why the civil penalty should not be assessed. Accordingly, you are directed to respond to this letter in writing within 15 calendar days of receipt of this Notice by certified mail. Your response should be sent to this regional office at the letterhead address and include the following: -Malec. Brothcrs Acme siatior Colum-2019-010 April 4, 2019 1 l . The date by \vhich the corrective actions listed above have been or will be completed. 2. A plan of action to prevent future violations. 3. A plan for restoration of sedimentation damage. 4. R.easons why a civil penalty should not. be assessed. We solicit. your cooperation and would like to avoid taking further enforcement action. At the same time, it is your responsibihiy to. understand and comply with the requirements of the SPCA and Construction Stormwater Permit NCG 010000. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this notice or the requirements of the SPCA and Construction Stormwater Permit NCG 010000 please contact either Brian Larribe (Brian.Lambe@ncdenr.gov) or me al your earliest convenience. Sincerely. 4-�- Daniel Sams, PE Regional Engineer Laud Quality Section Enclosures: Sedimentation [nspection Report Construction Stormwater Permit i\tCG 010000 Financial Responsibility Form Erosion Control Plan Checklist .North Carolina Department of Environmental Quality Division of Energy, 'Mineral and Land Resources 127 Cardinal Drive Extension, Wiltnington, INC 28,105 - (910) 796-7215 County: Columbus Project: Malec Brothers Transport Group Acme Itiver basin: Cape Fear Person financially responsible: Malec Brotbers Transport. LLC - ;Matthew Malec, Project 4: COLU,M-2019-010 Registered Agenu Address: 39,14 River Road, Wilmington, INC 28412 I. Project Location: Old 87 Road, Acme Pictures: No 2. Weather :roll soil conditions: 40s clear dry Initial inspection: Yes 3. Is site currently under notice ol'violation? No 4. Is the site in compliance with S.P.C.A. anti rules? No IF no, check violations below: 5. Violations: a. No approved pian, G.S. 113A-57(4) and 15A NCAC 4B .0107(c) ✓ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ✓ f, Failure to take all reasonable measures, 15A :'CAC 4B .0105 ✓ s. Failure to install and maintain BMP's, NCG 010000 Sec. Ill, 4 ✓ t. Failure to operate and maintain control measures, NCG 010000 Sec. 1111 1 ✓ v. Other NPDES (describe) Failure to obtain permit 6. is the. site in compliance with the NPDES Permit? No Describe: 7. llas sedimentation damage occurred since last inspection? Yes if Yes, where? (check all that apply) ✓ Other Property Description: Road ditch Degree of damage: Slight 8. Contact made with (name): James Harris Title: Chief Operating Officer Inspection report. Sent Report Date given/sent: April 04, 2019 9. Corrective action needed: I . Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed. 2. Install erosion and sediment control devices sufficient to retain sediment on the tract. 3. Take all reasonable measures to prevent sedimentation damage to adjacent properties. 4. Install and maintain measures to divert storm run-off through the stormwater control facilities, such as but not limited to temporary sediment traps or basins. 5. Submit for coverage of the NPDES NCGOI 0000 construction general permit. 10. Comments: Refer to ?Notice of Violation for compliance actions. Brian.Lambe@ncdenr.gov 910-796-7215 North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension, Wilmington, NC 28405 (910) 796-7215 910-796-7344 Reporte4l by: Brian Lambe Date al' inspection: March 27, 2019 CC Others present: Time arriving on site: 9730 AM Time leaving site: 9:50 AM ROY COOPER Governor MIC]-HAEL S. PEGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality March 26. 2018 CERTIFIED MAIL 7017 0190 0000 9526 7938 RETURN RECEIPT REQUESTED Malec Brothers Transport, LLC Attn: Matthew Malec, Registered Agent 3944 River Road WIIMIngton, NC 28412-5240 CERTIFIED MAIL 7017 0190 0000 9526 793'r -5 RETURN RECEIPT REQUESTED Acme Station, LLC Alin: Emily Grice, Registered Agent 2629 Neils Eddy Road Reigelwood, NC 28456 Subject: Compliance Evaluation Inspection & Resulting Notice of Deficiency NPDES General Stormwater Permit NCG210000 Certificate of Coverage None WT002683 Malec Brothers Acme Station Facility Colurribus Coiinty Dear Ms. Grice and Mr. Malec: On March 27. 2019, staff from the Wilmington Re Tonal Office of the Division of Energyy, Mineral acid .Land Resources (DEMLR), conducte a site inspection for the tract/project known as Malec Brothers Acme Station Facility located in Coltimbus County, North Carolina. The site drains to the Mill Creek, which is currently classified as Class C, Sw Waters in the Cape Fear River 13,asin. The following observations were noted during the DEMLR inspection (please see the attached, addendum for additional inforrriation about your permit): Industrial stormwaier permit coverage has not been applied for. The site is engaged in activities classified as Lumber and 'Vood Products SIC code 24 or like activities. The site discharges storn:water Through roadside ditches leading to Mill Creck and the Cape Fear Diver. QNorth Carolina Department of EnvironmenLai Quality I Division ofEncrgy, Mineral and Land Resources Wilmington Regional Office I i27 Cardinal Drive Extension I Wilrninyto�r, North Carolina 2,8405 NORTH °ep'6na10 °n """"nNOaX 910.796.7215 `Malec 3rethers Acme Station Page 2 of 2 Reguh-ed Response 1. 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 a schedule for compliance with the permit. 2. Submit'\otice of Intent to Central Office for: considezation of coverage of NTDES \ICG210000. Develop and implement a Ston-nwatez- Pollution Prevention Plan (SPP.1'). Submit copy of the SPPP to this office for review with 30 calendar days of receipt of permit coverage. Include all required rninirnuna elements. 4. Iunplement the required sampling protocol as outlined in the permit. Thank you .for your attention to this matter. This office requires that the violations as described above be properly resolved.. U-i esolved violations may lead to the issuance of a -Notice of Violation and/or assessr7ents of civil penalties. Thank you for your assistance and cooperation during this inspection. ]Tease be advised that violations of the NPDES Stormwater General Permit may be subject to a civil penalty assessmeut of up to S25,000.00 per day for each violation. If you have any questions, conunenis, or need assistance with understanding any aspect of your permit, please do not. hesitate to contact Briars Lambe( Brian.LambeQyircdenr.gov) or me at (910) 796-7215. Sincerely4 �- �--- ,• Daniel Sams, PE Regional Engineer Land Quality Section Attachments: RIMS Inspection Checklist cc: WIRO Files — Land Quality Site Inspection Report Site Number: WT002683 Site Name: 'Malec Brothers Acme Station Site Address: 1507 Cronly Or County: Columbus Directions: Interseciion of Old 37 Road and Cronhv Road LRtltUde: +34' 19' 28" Site Owner €Varne: Acme Station LLC Inspection Date: 03/27/19 Reason for Inspection: Routine Inspection Type: Site Inspection (DOT) Inspection Contact Person: On -Site Representative(s): Primary Inspector: Brian P Larnbe Secondary Inspector(s): Facility Compliance Status: ❑ Compliant 0 Not Compliant Program Areas: NPDES SW- Industrial Question Areas: E] Failure to Secure NPDES S1 Region: Wilmington Longitude: -78' 12' 19" Phone: Phone: Inspection Summary: Met with James Harris, Chief Operating Officer, representing Malec Brothers Transport Group The site is being cleared and needs an erosion control plan and a construction NPDES permit. Refer to Notice of Violation for CCLUrv1-2019-010 The site is operating a debarking operation for packaging into shipping containers. page: 1 Site Number: WTO02683 Owner: Acme Station LLC Inspection Date: 03/27/19 Inspection Type: Site Inspection (DOT) Reason for Visit: Routine Faifure to Secure NPDCS SUIT Pert -tit Does the site have a NPDFS Industrial Slorrnwater Permit? Comment'. Site has not submitted for Coverage for the NPOES indusirial stormwater permit NCG210000 Timber Producis The liablity is currently o eratina as a debarking site for io s Yes No NA NC ❑ ❑ ❑ ❑ page: 2 ipi_ACE STICKER AT TOP OF ENVELOPE TO THE RIGHT AT DOTTED LIIIF NCDEQ/WiROffZILFCERTIFIE�EjUll�A DRESS., .AIL U.S. POSTAGE>>PITNEYBOWES Land Quality Section �h �� 127 Cardinal Drive Extension Wilmington, NC 28405-3845 ZIP 28405 $ 006.950 02 1Y4 ` 0001399346APR 05 2019 7017 0190 000c R Malec Brothers Transport, LLC. S / Matthew Malec IJ 3444 River Rd. Wilmington, `� I XT E_ 276 D= 1 0 0 0 4/ 11 / 19 {5 RETURN TO SENDER NO SUCH NUTARER UNABLE TO FORWARD N 5 N 3L: 284FaS540b27 *3348-02500-05--47 �I,11# „ Ellikll „ 11-11'111A �^v�? i1,,f, SENDER:• • I ■ Complete items 1 2 and 3. 1 ■ Print your name and address on the reverse so that we can return the.card to you. 1 ■ Attach this card to the back of the mailpieee, i or on the front if space permits. X . Received by (Printed Name) I � I 13 Agent ❑ Addressee I ate of Delivery 4 1 D. Is delivery address different from Item V ❑ Yes If YES, enter delivery address below. ❑ No 1 j Malec Brothers Transport, LLC. I 11 Matthew Malec I I' 3944 River Rd. Wilmington, NC 28412-5240 # 1 3.. Service Type '❑ Priority Mall ErprMS I� I �E I �I I II I I III I I� I l l ❑ Adult Signature ❑ Registered MallT" i 1 l� {I I Ill 1l ❑Adult Signature Restricted Delivery ❑ Ra�istered Mau ResU'itted 1 9590 9402 3412 7227 8554 44 o CCertifleedd WHO Restricted Delrvery Q �R u R=pt for j 1 0 Couect on Delivery Merchandise 2.-Article Number. (Transfer from service label] _ - _ ZI Collect on,Dellvery Restricted Del[very ❑ S[gnature ConfIrmationm I ❑ Signature Confirmation 1 1 7017 0190 0000 9526 7130 'all Restricted Delivery Restricted Delivery I PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Reeelpt I h ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Interim Director NORTH CAROL-INA Environmental Quality April 4, 2019 NOTICE OF VIOLATIONS OF HE SEDUMENTATION POLLUTION CONTROL ACT AND GENERAL, PER,411 - NCG 010000 TO DISCHARGE STOR.MWATER UNDER THE NATIONAL POLL UTANT DISCHARGE ELEMtNA tON SYSTEM FOR CONSTRUCTION IQ ➢N ACTIVITIES HAND DELIVERED O: do--O—A(Prin� (sign) ON: 474 9 - ]3Y: ?�.AN GamxR C Malec Brothers Tr,uisport, LLC Attu: Matthew Malec, Registered Agent 3944 River Road Wilmington, -INC 28412-5240 )wne Station_ LLC 2629 Neils Cddy Road lteigelwood, iNC 28456 RE: Project Name: Malec Brotli&rs' Acine Station facility Project 1D: Coluln-2019-010 County: Columbus Compliance Deadlines Dear Sir or Ntaclain: 15 days froixi receipt for SPCA violations 15 clays from receipt for Construction Storruwater Permit NCO 010000 violations On NJarch 27, 2019 personnel of this office inspected a project located on Old 87 f�oad, Acme in Columbus Cowity, North Carolina. This inspection was performed to delermirre compliance with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 avid General Perrnit — NCO 010000 to Discharge Stormwater Under The National Pollutant Discharge Elimination Sysieni for Construction Activities (Construction Storm.water Permit i\CO 010000). The inspection revealed a land -disturbing activity of Lipproximately 5 acres being conducted. R. t x � North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources r. Wilmington Regional Office 1127 Ctirdinal Drive Extension I Wilmington, North Carolina 28405' NDATi ' CARC�IwA �} p.Pp ,I[n.v ui0u•k\ /f'J 410.796.7215 Fr IA- C"- P7 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROL.INA Environmental Quality April 4, 2019 NOTICE OF VIOLATIONS OF THE SEDUNMENTATION POLLUTION CON"1'R(. L ACT AN, '1) GF.NEAZAL 1`11-11 ,11IT - NCG 010000 TO DISCHAIZGE S"l (WAINVATFIZ UNDl it'I'[IE NATIONAL POLLUTANrl, DISCIIA11GE FLEMItiA I'ION SYti L-I. 1 U-OR COBSTIZUCTION ACTIVIT111,IS CER'11h IED NIA II, 7017 0190 0000 9526 7939 IZETURN IZl:C1i;1P`I' IZU;QUES7'I D Nlalcc 13rot hers Transport, 1111C Attn: --Matthew .1Vlalcc, Registered Agcnt 3944 River Road Wilmington, NC 28412-5240 CEJZ'F1f111"D MAIL 7017 0190 0000 9526 7945 RI ITIZN R.ECF,11'T RJTQULS'I'I ll Acme Station, LLC At.tn: Emily Grice, Registered Agent 2629 Neils Eddy Road Reigclwood, NC 284.56 R.E: Project :Name: %,Ialcc Brothers Acme Station Facility Project Ill: Colum-2019-010 County: Columbus Compliance Deadlines: 15 days from receipt for SPCA violations 15 days from receipt for Construction Stormwater Permit NCG 010000 violations Dear Sir or 1Madam: On N-larch 27, 2019 personnel oFthis office inspected a project located on Old 87 Road; Acme in Columbus County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act (SI'CA) of 1973 and General Permit —.1'CG 010000 to Discharge Stormwater Under The National Pollutant. Discharge Ellilnination System for Construction Activities (Construction Stormwater D— E North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Q� Wilmington Regional Office 1 127 Cardinal Drive Extension j Wilmington. North Carolina 28405 NCRrH CAROLi °-P-ft °'1. — "of 910.796.7215 Nlalcc Brothers Acme Station Colu n-2019-010 April 4, 2019 Permit NCG 010000). The inspection revealed a land -disturbing activity of approximately 5 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the SPCA. G.S. 1 13 A-50 to 66, Title 15A, :North Carolina Administrative Code (\CAC), Chapter 4 and Construction Stormwater Permit NCG 010000. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations cif the SPCA that were found are: failure to file an erosion and sedimentation control plan with this office 30 or more days prior to initiating any land -disturbing activity that will disturb more than one acre on a tract, failure to secure this off -ice's prior approval of the plan for any land - disturbing activity prior to beginning the land -disturbing activity. G.S. 113A-54(d)(4), G.S. l 13A-57(4) and 15A \'CAC 4B.0107(c). 2. failure when a. land -disturbing activity that will disturb more than one acre is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 1 13A-57(3). No measures have been installed to retain sediment onsite. 3. failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A iNCAC 413 .0105. No measures have been installed to retain sediment onsitc. The vi0hitions of the Construction Stormwater Permit NCG 0.10000 that were found are: Discharge of Stormwater without a permit. Because the land -disturbing activity does not have an approved erosion and sedimentation control plan it does not have coverage under the Construction Stormwater Permit NCG 010000 and you are not permitted to discharge stormwater. G.S. 143-215.1(a) and 15A N.C.A.C. 021-1 .0126 2. failure to operate and maintain control measures, :NICG 010000 Section 1 V, 1) The permittec shall at all times properly operate and maintain all control measures and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. ho correct these violations, you must: 1. Submit three (3) copies of an approvable sedimentation and erosion control plan and the appropriate plan review fee to this office. Until the required plan has been approved, no land -disturbing activity may be conducted, except that which is necessary to bring the site into compliance. Until an erosion and Malec Brothers Ac.inc Sration Colurn-2019-010 April ,l, 2019 sedimentation plan has been approved, any land -disturbing act ivit.y, except that which is necessary to bring the site into compliance, will constitute additional violations of the SPCA and G.S. 143-2I5.1(a) and 15A N.C.A.C. 02H .0126 . Following our review of the plan within 30 days of .receipt, this office will notify you that. the plan has been approved, approved will) modifications or disapproved. Following approval of the plan, all land - disturbing activity Oil the site must be conducted in accordance with the terms of the approved plan, the SPCA. and the implementing ntles and Construction Storrnwater Pen -nit. iti`CG 010000. 2. Install measures to retain sed.irnent onsite under direction of an engia)eer. SPCA Violations The violations of the SPCA cited herein may be referred to the Director of the Division of Energy; Mineral and Land Resources (.Director) for appropriate enforcement action, including civil penalty assessments for an initial one -day violation andloz- a continuing violation. The penalty for an initial one -day violation of the SPCA may be assessed in an amount not to exceed S5,000.00. The Division of Lrierg,v, Nlineral and land Resources is not required to provide a time period for compliance before assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations of the SPCA regardless of whether the violations are corrected within the time period set out below. 1n addition, if the violations of the SPCA cited herein are not corrected ,vit.hinI5 calendar days from receipt of this Notice, this office may request that the Director take appropriate legal action against you for continuing violations pursuant to NCGS 113A-6€ .1 and 113A-64. A penalty may be assessed frorn the date of the violation of the SPCA; pursuant to NCGS 1 1 3A-64(a)(1), and t:or each day of a continuing violation of the SPCA in an amount not to exceed S5,000.00 per day. Construction Stormwater Permit NCG 010000 Violations The violations of the Construction Stormwater Permit NCG 010000 cited herein may be referred to the Director of the Division of Energy; iIMineral and Land Resources (Director) for appropriate enforcement action, including civil penalty assessments for a continuing violation. This Notice serves as a letter of proposed civil penalty assessment. You have 15"calenclar days from receipt of this Notice by certif-ted mail to cease the violations listed above; and to submit in writing reasons why the civil penalty should not be assessed. Accordingly, you are directed to respond to this letter in writing within 15 calendar clays of receipt of this Notice by certified mail. Your response should be sent to this regional office at the letterhead address and include the following: . lalec Brothers Acme Station Colum-2019-010 April 4, 2019 1. The date by which the corrective actions listed above have been or will be completed. 2. A. plan of action to prevent future violations. 3. A plan for restoraiion of sedimentation damage. 4. Reasons Nvhv a civil penalty should not be assessed. WC solicit your cooperation and %would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirerents of the SPCA and Construction Stormwater 1"emlit'\7CG 010000. Copies of the relevant statute and administrative rules may be examined at. this office or will be sent to you upon request. Should you hive questions concerning this notice or the requirements of the SPCA and Construction Storrnwaier Permit '-CG 010000 please contact e11.11e1' l3riatt 11trnbe (]3riart.Lamabe ricclet-Lr.gov) or me at your earliest convenience. Sincerely. Daniel Sams, PE Regional Engineer Laxtd Quality Section Lnclosures: Sedimentation Inspection Report Construction St.orrnwater Permit I`rCG 010000 Financial Responsibility Form Erosion Control Plan Checklist. North Carolina Department of Environmental Quality Division of Energy, Minoral and land Resources 127 Cardinal Drive E.Klension, Wilinington, .1'C_ 28405 (910) 796-7215 County: Columbus Project: ti•la]ec Brothers Transport Group Acme River basin: Cape Fear Persian financially responsihle Malec Rzothers I:ausport, LLC - Matthew Malec, Project 1I: COIUj\1-201 9-010 Registered Agentl Address: 3944 River Road, Wilmington, NC 2S412 1. Project Location: Old 87 Road, Acme Pictures: No 2. Weather and soil conditions: 40s clear dry Initial inspeclion: Yes 3. Is site curre.ntly under notice: of violation? No 4. Is the site in compliance with S.P.C.A. and rules? No If no, chuck violations below: �. Violations: ✓ a. No approved plan, G.S. 113A-57(4) and 15A NCAC 43 .0107(c) ✓ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ✓ f. Failizre to take all reasonable measures, 15A NCAC 4B .0105 ✓ s. Failure to install and maintain 11NIP's, NCG 010000 Sec. 111, 4 ✓ t. Failure to operate and maintain control measures, NCG 010000 Sec. IV l ✓ v. Other NPDES (describe) Failure to obtain permit 6. Is the site in compliance with the NPDFS Permit? fro Describe: 7. Has sedimentation darnage occurred since last inspection? Yes If Yes, where? (check all that apply) ✓ Other Property Description: Road ditch Degree of damage: Slight 8. Contact made with (name): .names Harris Title: Chief Operating Officer Inspection report: Sent Report Date given/sera: April 04, 2019 9. Corrective action needed: 1. Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed. 2. Install erosion and sediment control devices suffieient to retain sediment on the tract. 3. "Take all reasonable measures to prevent sedimentation damage to adjacent properties. 4. Install and maintain measures to divert storm run-off through the stormwater control facilities, such as but not limited to temporary sediment traps or basins. 5. Submit for coverage of the NPI ES NCG010000 construction general permit. W. Comments: Refer to Notice of Violation for comphanee actions. Briaii.Lanibe@llc(lcllr.gov ncdenr.gov 910-796-7215 7 North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Elxtension, Wilmington, NC 28405 (910) 796-7215 910-796-7344 [tepor-ted by: Brian Lambe Date ofinspection: March 27, 2019 CC Others present: Time arriving on site: 9.30 AM Time leaving site: 9:50 AM ROY COOPER CoveriTor MICHAEL S. REGAN sacretory S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality March 26, 2018 CERT II{ IED MAIL 7017 0190 0000 9526 7938 RETURN RECEIPT RE UES'rED Malec Brothers Transport; LLC Attn: Matthew Malec, Registered Agent 3944 River Road Wilmington, NC 28412-5240 1� t9 CERTIFIED MAIL 7017 0190 0000 9526 79/115 RETU�IT RECEIPT REQUESTED Acme Station, LLC Attn: l-�,mily Grice, Registered Agent 2629 :NTeils Eddy Road Reigelwood; NC 28456 Subject: Conmpiialnce Evaluation Inspection & Resulting Notice of Deficiency 'NI'DBS General Stormwater Permit "N7CG210000 Certificate of Coverage " Tone WT002683 MMalec Brothers Acme Station Facility Columbus Counter Dcar Ms. Grice and Mr. Malec: On March 27, 2019, staff from the Wilmington Re ior>al Office of the Division of Energy, Mineral and Land Resources (DEM1,R), conducted a site inspection for the tract/project kno\rn as Malec Brothers Acfue Station Facility located in Columbus County, North Carolina. The site drains to the Mill Creek, N-vhich is currently classified as Class C, SwWaters in the Cape Fear River Basin. The following obscrvations were noted during the DEMLR inspection (please sec the .It.tachcd addendum for additional information about your permit): 1. Industrial sto.rmwater perniit coverage has not been applied for. The site is engaged in activities classi-Jed as Lurriber and `Food Products SK code 24 or like. activities. The site discharges stormwater through roadside ditches leading to Mill Creck and the Capc Pear River. North Carolina Department of Environmemal Quality I Division of Energy, Mineral and Land Resources fl K E Q�4� D1g Wilmington Regional Office 1 Q7 Cardinal Drive Extension 1 Wilmington, North Carolina 28405 '' o.we ia�nm wa,u� 910.796.7215 _vialec Brothers Acme Station WT002G83 Page 2 or 2 Re uired Res onse l . You are directed to respond to this leiter in writing within 1.5 calendar days of receipt of thisYour response should be sent to this office at the letterhead address and include a schedule for compliance with the permit. 2. Submit. Notice of Intent to Central Office for consideration of coverage of NPDES NCG210000. �. Develop anal implemcm a St:ormwater Pollui:ion Prevention Plan (SI'PP). Subrs,ir copy of the SPPP to this office for review with 30 calendar days of receipt of permit coverage. h,clude all required nninimun-t elements. 4, Implement the required sampling protocol as outlined in the permit. Thank you for your attention to this matter. This office requires that the violations as described above be pro )erly z-esclved— m .. nresolved violations ay lead to the issuance ?N of a otice of Violation and/or assessments of civil penalties. Thank you for your assistance and cooperation during this inspection. Please be advised that violations of the NPDRS Storinwater General Permit may be subject to a civil penalty assessment of zap to $25,000.00 per day for each violation. If you have any questions, comments, or need assistance with understanding any aspect of your permit, please do not hesitate to contact Brian Lambe( Brian.La�„bL(u;.�tcdenr. ov) or me ai (910) 796-7215. Sincerely, ti •—'y--J � 1���'i` a Daniel Sams, .PE Regional Engineer Land Quality Section Attachments: 13INIS :Inspection Checklist cc: WiRO Files — Ladd Quality Site Inspection Repoft Site Number: VVT002683 Site Name: Malec Brothers Acme Station Site Address: 1507 Cronly Dr County: Columi us Directions: Intersection of Old 87 Road and Croniv Road. Latitude: -34° 19' 28" Site Owner Name: Acme Station LLC Inspection Date: 03127119 Reason for Inspection: Routine Inspection Type: Site Inspection (DOT) Inspection Contact Person: On -Site Representative(s): Primary Inspector: Brian P Larnbe Secondary Inspector(s): Facility Compliance Status: ❑ Compliant 1 Not Compliant Program Areas: NPDES SV - Industrial Question Areas: 2 Failure to Secure NPDES St Region. Wilmington Longitude: -78° 12- 19" Phone: Phone: Inspection Summary: Met with James Harris, Chief Operating Officer, representing Malec Brothers -transport Group. The site is being cleared and needs an erosion control plan and a construction NPDES perrrit. Refer to Notice of Violafion for COLUM-20 i9-0 i0. The site is operating a debarking operation for packaging info shipping containers. page: 1 Site Nunmer: M002683 Owner: Acme Slaiion LLC inspection Date: 03/27/19 Inspection Type: Site InsAediOn (DOT) Reason ror Visit: Routine Failure to Secure NPDES SU1r Permit Goes the site have a NPDES Industrial Stormwater Permit? Comment: Site has not submitted for coverage for the NPDES industrial stormwater ❑ermil NCG210000 Timber Products. The facility is currently operating as a debarking site for ions. Ycs No NA NE ❑ El ❑ ❑ page: 2 d Complete items 1, 2, and 3. 0. Print your name and address on the reverse, so that we can return the cans to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. t, Article Addressed to: Acrmi. Station, LLC. Emily Csrce 2629-N ils Eddy Rd. Riegelwood, NC 28465 0 Agent © Addressee . Rec e � y�(Prin 117IDate of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 13 Priority Map Fai® R Adult Signatures [] Registenad Maln"^" ❑ Adult Signature Restricted Delivery ❑ R €stared Mail Restrldw 9590 9402 3412 7227 8554 37 0 Wined Mali � Do)" fl ate„ Return for ❑ Collect on Delivery Merchandise ❑ Collect an Delivery Restricted Delivery'. ❑ Signature Confirmation'" 2 Awlnla N imFwr ?ranefer. fmm carvfra lnr,Aa 7 017 0190 0 0 0 0 9526 7945 i Rewicted � Rastrtcted DeIM". ❑ signature matian eliv �y PS Form 3811, July 2016 PSN 7530-02-000-9053 Domestic Retum Receipt First -Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 3412 7227 8554 37 United States Postal -Service • Sender: Please print your name, address, and ZIP+4® in this box• NCDEQ/WiRO Land Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 --S 40SZ7 111-11,111,11.11111111Ill llll,lIIll - 111 Ill l l-.11ll Ill, 111111111 ID ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality April 4, 2019 NOTICE OF VIOLATIONS OF THE SEDIMENTATION I'OI_,LUTION CONTROL ACT AND GENERAL 1'.ERMIT - NCG 010000 TO DISCHARGE STORAINVATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM :FOR CONSTRUCTION ACTIVITIES CERTIFIED MAIL 7017 0190 0000 9526 7938 RETURN RI4CEIPT_REQUESTED U.S. Postal Service'" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit nur,vor,�l,e Malec Broiliers Transport, LLC Attu: Mattliew Malec, Registered Agent rU Cerdfied Vail Fee 3944 River Road Wilmington, �C 28412-5240 °� M Extra ervices & Fees (eheck oo,r, add te, Pt Karel ❑Return Receipt V rdopyj S Q ❑:aeturn Receipt (alectmlc) S © � i rertttled Mail ReetActad Delivery S . © ❑Adutt Signature Required S ❑ Adult Signature Raatrlcted DeiF,y $ CERTIFIED MAIL 7017 0190 0000 9526 7945 Ir Por�sge RETURN RECL+IP , REQUESTED ED C3 OWPo8tageane Acme Station- LLC ra Senl To Acme Station, LLC. Attn: rnlily Grice, Registered Agent f�', Bireeianifilpr:ivi Emily Grice 2629 itiTeils Eddy Road u,iYs�+e;zrP+a 2629 Neils Eddy Rd. R.eige.lwood, NC 28456 ,, Riegelwood, NC 28465 RE: Project Fame: Malec Brothcrs Acme Station facility Project ID: Colum-2019-010 County: Columbus Compliance Deadlines: 15 days from receipt for SPCA violations 15 clays from receipt for Construction Stormwater Permit NCG 010.000 violations Dear Sir or Madam: Postmark Here On March 27, 2019 personnel of this office inspected a project located on Old 87 Road, Acne in Columbus Couniy, North Carolina. This inspection was performed to determine compliance ,,vith the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 arid General Permit — NICG 010000 to Discharge Storn]water under The National Pol lutant. Discharge Elimination System far' Construction Activities (Construction StorniNvater North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 0- E•/ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 r+onn, c�Aou.aa °'w'°"'"l0Er """>ti° "\ �`� 910.796,7215 Malec 131-oLhers Acme Station Colatn-2019-010 April rl; 2019 Permit. NCO 010000). The inspection revealed a land -disturbing activity of approximately 5 acres being conducted. It is ouz- understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be it1 violation of the SPCA. G.S. 113A-50 to 66. Title 15A. North Carolina Administrative Code (NCAC); Chapter 4 and Construction Stormwater Permit NCG 010000. 1f you feel that. you are not responsible for the following violations; please notify this office immediately. '1'hc violations of the SPCA that were found are: Failure to File an erosion and sedimentation control plan with this office 30 o.r more days prior to initiating any land -disturbing activity that will disturb more than one acre on a tract; failure to secure this office's prior approval of the plan for ally land - disturbing activity prior to beginning the land -disturbing activity. G.S. 113A-54(d)(4), G.S. 113A-57(4) and 15A NCAC 4B.0107(c). 2. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to install sedimentation and erosion control devices sufficient. to retain the sediment generated by the'land-disturbing activity within the boundaries of the tract during construction Upon and development of the tract. G.S. I I3A-57(3). No measures have been installed to retain sediment onsite. 3. failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A NCAC 4F3 .0105. No measures have been installed to retain sediment onsite. The violations of the Construction Stormwater Permit NCG 010000 that were found are.: Discharge of stormwater without a permit. Because the land -disturbing activity does not have an approved erosion and sedimentation control plan it does not have coverage under the Construction Stormwater Permit NCG 010000 and you are not. permitted to discharge stormwater. G.S. 143-215.1(a) and 15A N.C.A.C. 02H .0126 2. Failure to operate and maintain control measures, NCG 010000 Section IV, 1) The permittee shall at all times properly operate and maintain all control measures and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. To correct these violations, you must: 1. Submit three (3) copies of an approvable sedimentation and erosion control plan and the appropriate plan review fee to #his office. Until the required plan has been approved, no land -disturbing activity may be conducted, except that which is necessary to bring the site into compliance. Until an erosion and Malec Brothers Acme Station Colum-2019-010 April 4, 2019 sedimentahon plan has been approved, ally land -disturbing activity, except that �rhich is necessary to bring the site into compliance, will constitute additional violations of the SPCA and G.S. 143-215.1(21) and 15A N.C.A.C. 02H 0126. Following our review of the plan within 30 days of receipt, this office will notify you that the plan has been approved; approved with modificatioris or disapproved. Following approval of the plan., all land - disturbing activity on the site must be conducted in accordance with the terms of the approved plan, the SPCA and the implementing rules and Construction Stormwater Permit NCG 010000. 2. install measures to retain sediment onsite under direction of an engineer. SPCA Violations The violations of the, :SPCA cited herein may be referred to the Director- of the Division of Energy, Mineral and Land Resources (Director) for appropriate enforcerent action, including civil penalty assessments for an initial one -day violation and/or a continuing violation. The penalty for an initial one -day violation of the SPCA may be assessed in an arnount not to exceed S5,000.00. The Division of Energy, Mineral and Land resources is not required to provide a time period for compliance before assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations of the SPCA regardless of whether the violations are corrected within the tune period set put below. [n addition- if the violations of the SPCA. cited herein are not corrected within 15 calendar days from receipt of this Notice, this office may request that the Director take appropriate legal action against you for continuing violations pursuant to 'N CGS 113A-61.1 and 113A-64. A penalty may be assessed front the. date of the violation of the SPCA, pursuant to NCGS 113A-64(a)(1), and for each day of a continuing violation of the SPCA in an amount not to exceed S5,000.00 per day. Construction Storinwater Permit NCC 01.0000 Violations The violations of the Constriction Stonriwatcr Permit NICG 010000 cited herein may be referred to the Director of the Division of Energy, Mineral and Land .Resources (Director) for appropriate enforcement action, inclztding civil penalty assessments for a continuing violation. This Notice serves as a letter of proposed civil penalty assessment. You have 15 calendar days from receipt of this Notice by certified mail to cease the violations listed above, and to submit in writing reasons wily the civil penalty should not be assessed. Accordingly, you are directed to respond io this letter in writing within 15 calendar days of receipt of this Notice by certified mail. Your response should be sent to This regional office at the letterhead address and include the following.. 'VAdLC(; JDf0LiJ(;;S AL;I21(- 3L4LIUI � Calum-2019-010 April 4, 2019 l l . The date by which the corrective aclions listed above have been or will be completed. 2. A plan of action to prevent future violations. 3. A plan for restoration of sedimentation damage. 4. Reasons why a civil penalty should not be assessed. We solicit your cooperation acid would like to avoid making further enforcement action. At the same time, ii. is your responsibility to understand and comply with the requirements of the SPCA and Construction Stormwater Permit \CG 010000. Copies of the relevant statute and administrative rules may be examined at this office or «gill be sent to you upon request. Should you have questions concerning this notice or the requirements of the SPCA and Construction Stormwater Pennii. NCO 010000 please contact either Brian Lannbe (13rian.Lain]De@ncdenr.gov) or me at. your earliest convenience. Sinccrcly, Daniel Sams, PE Regional Engineer Land Quality Section Enclosures: Sedimentation Inspection Report Construction. Stornawater Permit NTCG 010000 Financial Responsibility Form Erosion Control flan Checklist It North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Eatcnsion, Wilmington, NC 28405 (910) 796-7215 County: Columbus Project: Malec Brothers Transport Group Acme River basin: Cape Fear Person FinancialIN. responsible: Ma]ec Brothers Transport, LLC - Matthew Malec, Project #: COLUM-2019-010 Registered Agentt Address: 3944 River Road, Wilmington, NC 28412 1. Pro�cct Location: Old 87 Road, Acme Pictures: 3�o 2. Weather and soil conditions: 40s clear dry Initial inspection: Yes 3. Is site currently under notice of violation? No 4. Is the site in compliance with S.P.C.A. and rules? No 111no, check violations below: 5. Violations: ✓ a. No approved plan, G S. 113A-57(4) and 15A NCAC. 4B .0107(c) ✓ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ✓ f. failurc to take all reasonable measures, 15A NCAC 4B .0105 ✓ s. Failure to install and maintain BMP's, NCG 010000 Sec. Ill, 4 ✓ t. Failure to operate and maintain control measures, NCO 010000 Sec. IV, l ✓ v. Other NPDFS (describe.) failure to obtain permit 6. Is the site in compliance with the NPDES Perri(? No Describe: 7. Has scdirrrentation damage occurred since last inspection? Yes If Yes, where? (check all that apply) ✓ Other Property Description: Road ditch Degree of damage: Slight 8. Contact made with (n:une): James Harris Title: Chief Operating Officer Inspcction report: Sent Report Date given/sent: April 04, 2019 9. Corrective action needed: 1. Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed. 2. Install erosion and sediment control devices sufficient to retain sediment on the tract. 3. Take all reasonable measures io prevent sedimentation damage to adjacent properties. 4. Install and maintain measures to divert storm run-off through the stormwater control facilities, such as but not limited to temporary sediment traps m basins. 5. Submit for coverage of the NPI)ES NCG010000 construction general permit. 10. Comments: Refer to Notice of Violation for compliance actions. Bi ian.Larrtbe@ncdenr.gov 910-796-7215 North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension, Wilmington,N'C 28405 (910) 796-7215 910-796-7344 Reporied hy: Brian Lambe Date of inspection: March 27, 2019 cc Others present: Time arriving on site: 930 AM Time leaving site: 9:50 AM ROY COOPER. Governor MIC1-iFr EL S. REGAN Secretory S. DANIEL SMITH Interim Director NORTH CARCLINA Environmental Quality March 26, 2018 CER`)C'1[>rIED MAIL 7017 0190 0000 9526 7938 RETURN RECEIPT REP QUESTED Malec Brothers Transport, LLC Attn: Matthew Malec, Registered Agent 3944 River Road Wilmington, NC 28412-5240 CERTIFIED MAIL, 7017 0190 0000 9526 79�18' RETURN RECEIPT REOUESTE D Acme Station, LLC Attn: Emily Grice, Registered Agent 2629 Neils Eddy Road. Reigelwood; NC 2S456 Subject: Compliance Evaluation Inspection & Resulting Notice of Deficiency N11DES General Stormwater Permit NCG210000 Cerrtifacate of Coverage Ncrie WT002683 Malec Brothers Acme Station Facility Columbus County Dear Ms. Grice and Mr. Malec - On March 27, 2019, staff from the Wilmington Regional Office of the Division of Energ}}r, Mine; al and .Land Resources (DEMLR), conducted a site inspection for the tracvpl 'i knowm as Malec Brothers Acme Station Facility located in Cohimbus County, North Carolina. The site drains to the Mill Creek, which is currently classified as Class C, Sw Waters in the Cape Fear River Basin. The following observations were noted during the DEM11R inspection (please see the attached addendum foi additional information about your permit): 1. Industrial stormwatea- permit coverage has not been applied fox. The site is engaged in activities. classified as Lumber and Wood Products SIC code 24 or like activities. The site discharges stormwater through roadside ditches leading to Mill Creek and the Cape Fear River. D2, North Carolina De 3 tmeri; of Envirornnental Qua lit I Division of Ener >,J+' �� P� r Y gY, Mineral and Land Resources 7"' r Wilmington Rcgionaf Office I 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 "DRT . CaA0.. w n.mmm.ne.n meen�..nm a..an g1r174.7715 Malec Brothers Acme Station WT002683 Paget oft Required Response 1. You are directed to respond to this letter in writing within 15 calendar days of receipt of this -,N7ot1ce. Your response should be sent to this office at the letterhead address and include a schedule for compliance with the permit. 2. Submit Notice of Intent io Central Office for consideration of coverage of \PDES 1\CG210000. 3. Develop and implement a Stoi7nwater Pollution Pi-evention Plan (SPPP). Submit copy of the SPPP to this office for review with 30 calendar days of receipt of permit coverage. Include all required minim -urn eltments. 4. Implement the required sampling protocol as outlined in the permit. Thank you for your attentior-r to this matter. This office requires that the violations as described above be pro �erly resolved. �nresol�ved violations may lead to the issuance of a notice of Violation arbor assessments of civil penalties. Thank you for your assistance and cooperation during this inspection. Please be advised that violations of the NPD ES Stormwater General Permit may be subject to a civil penalty asscssmenyt of nap to $25,000.00 per day for each violation. If you have any questions, continents; or need assistance with understanding any aspect of your permit, please do not hesitate to contact Brian Lambe( Brian.La��iber,nccie��r.f;ov) or me at (910) 796-7215. Sincerely, �,_.. <f 1 Daniel Sams, PE Regional Engineer Land Quality Section Attachments: B1MS Inspection Checklist CC" WiRO Files — Land Quality Site Inspection Report Site Number: INTI)02683 Site Name: Malec Brothers Acme Station Site Address: 1507 Cronly Dr County: Columbus Directions. intersection of Old 87 Road and Cronly Road. Latitude: }-34° 19' 28' Site Owner Name: Acme Station LLC Inspection Date: 03/27/19 Reason for Inspection: Routine Inspection Type: Site Inspection (DOT) Inspection Contact Person: On -Site Representafive(s): Primary Inspector Brian P Lambe Secondary inspector(s): Facility Compliance Status: ❑ Compliant Pfl Not Compliant Program Areas: NPOES SIN- Industrial Question Areas: Failure to Secure NPDES S7 Region: Wilmington Longitude: -78° 1219,, Phone: Inspection Summary: Meet with ,lames Harrls, Chief Operating Officer, representing Malec Brothers Transport Group. The site is being cleared and needs an erosion control plan and a construction NPDES permii. Refer to Notice of Violation for COLT-M-2019-010 The sJe is operating a debarking operation for packaging into shipping containers page: 1 Site Number: 1NT002583 Owner: Acme Station LLC Inspection Date' 03/27/19 Inspection Type: Site Inspection (DOT) Reason for Visit; Routine Failtiee to Secure NPDES Sire Permit Does the site have a NPDES Industrlal Stormwater Permit) Comment: Site has not submitted for coverage for the NPDES industrial Stormwater permit NGG210000 Timber Products. The facifity, is currently operating as a debarklnq site for logs. Yes No NA NE page: 2 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality April 4, 2019 NO'HiCli OF XA0LA'l'10\S OF "111P7 SF,1)1NT NTA'HON P01,1,11HON CON'FROI_. AC'T ANI) C:ENI-,RAI.: P],"R_111'1' - NCG (110000 TO DISC'HARGli, S'I"Oltl1ii'A'1'1 R UNDE.R T11F, NXHONAI. I'OL:L:U"1'AN'I' l)ISCIIARGI; I-,LUM NATION SYS11"I`M h{}It CONS"I'RUC"LION AC1'1V1"1"IES CVRTI F'lE1) :17AI1., 7017 0190 0000 9526 79 38 IU-IJ CN, RE:CF"11''f RE Uh:S'FED Malec Brothers Transport, IJA, Attn: \Matthew Malec, Registered Agent 3944 River Road Wilmington, NC 28412-5240 U JUJI+ILD N7AI1., 7017 0190 0000 9526 7945 R1'i'URN RIC1�11''I' 1tLQULS"fLU Acmc Station, Ll,C Attn-, Emily Grice. Registered Agent 2629 Neils Eddy Road Reigelwood, NC 28456 Project.Name: 'Malec Brothers Acme Station Facility Project ID: Colum-2019-010 County: Columbus Compliance Deadlines: 15 days from receipt for SPCA violations 15 days from receipt for Construction Stormwater Permit NCG 016000 violations Dear Sir or \Madam: On March 27, 2019 personnel of' this of'( -Ice inspected a project located on Old 87 Road, Acme in Columbus County, \orth Carolina. 'Phis inspection was performed to determine compliance with the :'north Carolina Sedimentation Pollution Control Act (SPCA) of 1973 and General Permit — NCG 010000 to Discharge Stormwater Undcr'hhe National Pollutant Discharge Elimination System for Construction Activities (Construction Stormwater D_ Qi�rNoth Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910,796.7215 Malec Brother's Acme 5fation Colum-2019-010 April 4, 2014 Permit :NCG 010000). The inspection revealed a land -disturbing activity of'approximately 5 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of' letter is to inlorm you that this activity was found to be in violation of the SPCA; G.S. 1 13A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4 and Construction Storrnwater Permit_ i\CG 010000. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations of the SPCA that were found are: ]Failure to file an erosion and sedimentation control plan with this office 30 or more days prior to initiating any land -disturbing activity that will disturb more than one acre on a tract, failure to secure this office's prior approval of the plan for any ]arid - disturbing activity prior to beginning the land -disturbing activity. G.S. 1 l 3A-54(d)(4). G.S. 1 13A-57(4) and 15A NCAC 413.0107(c). 2. failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 1 13A-57(3). No measures have been installed to retain sediment onsite. 3. Failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A .NCAC 411 .0105. No measures have been installed to retain sediment onsite. The violations of the Construction Stormwater Perrnit :ECG 010000 that were found arc: Discharge of storm water without a permit. 13ecause the land -disturbing activity does not have an approved erosion and sedimentation control plan it. does not have coverage under the Construction Stormwater Permit NCG 010000 and you are not permitted to discharge stormwater. G.S. 143-215.1(a) and 15A N.C.A.C. 02f-I .0126 2. failure to operate and maintain control measures, NCO 010000 Section IV, 1) The permittee shall at all times properly operate and maintain all control measures and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit.. To correct these violations, you must: 1. Submit three (3) copies of an approvable sedimentation and erosion control plan and the appropriate plan review fee to this office. Until the required plan has been approved; no land -disturbing activity may be conducted, except that which is necessary to bring the site into compliance. Until an erosion and � ATt ROY COOPER Governor MICHAELS.REGAN lr� Secretary S. DANIEL SMITH NORTH CARouNA Interim Director Environmental Quality April 4, 2019 NOTICII OT VIOLATIONS OT TIIE SEDIVIENTA I'[ON PUJ,LUTION CONTROL ACT ANID (= >;ENERAL PERMIT - NCG 0111000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELI INA`I'ION SYSTEM FOR CONSTRUCTION ACTIVITIES HAND DELIVERED TO: (print) BY: Malec Brothers Transport, I -LC Attn: Matthew Malec. Reciistered Agent 3944 Diver Road 4 Wilmington, NC 28412-5240 Acme Station. LLC 2629 Neils Eddy Road Reigelwood, iNTC 28456 (Sign) 1ZE: Project Name: N4alec Brothers' Acme Station Facility Project lD: Colufn-2019-010 County: Columbus Compliance 17eadlines: 15 days from receipt for ,SPCA violations 15 clays from receipt for Construction Storwvvatcr Permit NCG 010000 violations Dear Sir or N/ladam: On Ivlarch 27, 2019 personnel of this office inspected a project located Oil Old 87 Road, Acme in Columbus County, North Carolina. This inspection was performed to determine Compliance with the North Carolina Sedimentation Pollution. Control Act (SPCA) of 1973 and General Permit — NICG 010000 to Discharge Storrawater Under The National Pollutant Discharge Elimination System for Construction Activities (Construction Storrnwater f)ermlt'NCG 010000). The inspection revealed a land -disturbing activity of approximately 5 acres being conducted. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources § Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NQR C:mQl N DpW+rtITE�rI•emenblawll� sI"� 910.796.7215 _viaiec 1510111el-5 Acme JlF.l1QI1 -'�q Colum-2019-010 April 4, 2019 It is our understanding that you and/or your Firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the SPCA. G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (: 'CAC), Chapter 4 and Construction Stortnwat.er Permit. NCG 010000, If you feel that You are not responsible for the following violations, please notify this office immediately. The violations of the SPCA that were found are: Failure to Cile an erosion and sedimentation control plan with this office 30 or more days prior to initiating any land -disturbing activity that. will disturb more than one acre on a tract, Failure to secure this office's prior approval of the plan for any land- disturbitig activity p:.ior to beginning the land-clistttrbing aciivity. G.S. 113A.-54(d)(4); G.S. 113A-57(4) and I5A N{CAC 413.0107(c). 2. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract; to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries oCthe tract during construction upon and development of the tract. G.S. 113A-57(3). 'No treasures have been installed to retain sediment onsite. 3. Failure to take all reasonable measures to protect all public and private property From damage by such land -disturbing activities. 15A i\TCAC 4B .0105. No treasures have been installed to retain sediment onsite. The violations of the Construction Stormwater Permit NCG 010000 that were found are: Disch.irge of stortnwater withoul a permit. Because the land -disturbing activity does not have an approved erosion and sedimentation control plan it does not have coverage under the Construction Stormwater Permit NCG 010000 and you are not permitted to discharge stonmvater. G.S. 143-215.1(a) and 15A N.C.A.-C. 02TI .0126 2. Failure to operate and maintain control measures; INrCG 010000 Section IV, 1) The permittee shall at all times properly operate and maintain all control measures and systems of treatment and control (and related appurtenances) which are installed or rued by the permittee to achieve compliance Nvith the conditions of this general permit. To correct these violations, you must: Submit. three (3) copies of an approvable sedimentation and erosion control plan and the appropriate plan review fee to this office. Until the required plan has been approved, no land -disturbing activity may be conducted, except that -vvhich is necessary to bring the site into compliance. Until an erosion and sedimentation plan has been approved, an}, land -disturbing activity, except that which is necessary to bring the sile into compliance, will constitute additional violations of the SPCA and G.S. 143-215.1(a) and 15A N.C.A.C. Malec Brothers Acme Station Cohn -2019-010 April 4, 2019 0214 .0126 . following our review of the plan within 30 days of receipt, this office will notify you that the plan has been approved, approved with modifications or disapproved. Following approval of Lie pIan,� all land - disturbing activity on the site must: be conducted in accordance with the terns of the approved plan, the SPCA and the Implementing rules and Construction Storrntivater Permit_NCG 010000. 2. Install nicasures to retain sedimeni. onsite under direction of an engineer. SPCA Violations The violations of the SPCA cited herein may be referred to the Director of the Division of Elnergy, Mineral and Land Resources (Director) for appropriate enforcement action, including civil penalty assessments for an initial one -day violation acid/or a continuing violation. The penalty for an initial one -day violation of the SPCA may be assessed in an arnount not to exceed $5,000.00. The Division of Energy, Mineral and Land Resources is not required to provide a tinge period for compliance before assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations of the SPCA regardless of whether the violations are corrected within the time period set out below, in addition, if the violations of the SPCA cited herein are not corrected within15 calendar days from receipt of this Notice; this office may request that the Director take appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 and l 13A-64. A penalty ma_y be assessed from the date of the violation of the SPCA, pursuant. to NCGS 113A-64(a)(1), and for each day of a continuing violation of the SPCA in an amount not to exceed S5,000.00 per clay. Construction Stormwater Perruit NCG 01.0000 Violations The violations of the Construction Stormwater Permit NCG 010000 cited herein may be referred to the Director of the Division of Energy, Mineral and Land Resources (Director) for appropriate enforcement action, including civil penalty assessments for a continuing violation. This Notice serves as a letter of proposed civil penalty assessment. You have 15 calendar clays from receipt of this Notice by certified mail to cease the violations listed above; and to submit in writing reasons why the civil penalty should not be assessed. Accordingly, you are directed to respond to this letter in writing within 15 calendar days of receipt of this Notice by certified mail. Your response should be sent to this regional office at the letterhead address and include the following: l . The date by which the corrective IClionS listed above have been or will be completed. �iaiec is1,01ners ACcMe "�tauon C;olum-2019-010 April 4, 2019 2. A plan of action to prevent future violations. I A plat for restoration of sedimentation damage. 4. Reasons why a civil penalty should not be assessed. We solicit your cooperation and would like to avoid taking further enforcement action. At the same time, it. is your responsibility to understand and comply with the requirements of the SPCA and Constructio❑ Stormwater Permit 'NCG 010000. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this notice or the requirements of the SPCA and Construction Stermwater Permit ;ECG 010000 please contacl either Man Lambe. (l3rian.Lamhe@ncdenr.gov) or me at your earliest coiiventenee. Sincerely; / 7-4 Daniel Sams. PE. Regional Engineer Land Quality Section Enclosures: Sedimentation Inspection Report Construction Stormwater Permit NCG 010000 Financial Responsibility Form Lrosion Control Plan Checklist. forth Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension, \V11mington, :N'C 25405 (910) 796-7215 County: Columbus Project: Agalec Brothers Transport Group Acme River basin: Cape Fear Person frnanciatly responsible: Malec Brothers Transport, LLC-Niauhew Malec, J'roject 4: COLU\4-2019-010 Registered Agentt Address: 3944 River Road, Wilrnington,NC 28412 1. Project Location: Old 87 Road, Acme Pictures: No 2. 'Weather and soil conditions: 40s clear d;-Y Initial inspection: Yes 3. Is site currently under notice: of violation? No 4. Is the site in compliance with S.P.C.A. and rules? No if no, check violations below: 5. Violations: ✓ a. No approved plan, G.S. 113A-57(4) and 15A iNCAC 413 .0107(c) e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ✓ f. Failure to take all reasonable measures, 15A NCAC 4 B .0105 ✓ s. Failure to install and maintain BMP's, NCG 010000 Sec. 11I, 4 ✓ t. Failure to operate and maintain control measures, N'CG 010000 Sec. IV, l ✓ v. Other NPDES (describe) Failure to obtain permit 6. Is the site in compliance with the N PDES Permit:' No Describe: 7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check Al that apply) ✓ Other Property Description: Road ditch Degree of damage: Slight 8. Contact made with (name): .lames Harris Title: Chief Operating Officer Inspection report: Sent Report Date given/sent: April 04, 2019 9. Corrective action needed: I . Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed. 2. Install erosion and sediment control devices sufficient to retain sediment on the tract. 3. Take all reasonable measures to prevent sedimentation damage to adjacent properties. 4. Install and maintain measures to divert storm run-off through the stormwater control facilities, such as but not limited to ternporary sediment traps or basins. 5. Submit for coverage of the NIPDES NCG010000 construction general permit. 10. Continents: Refer to Notice of Violation for compliance actions. Li rian. Lambe@n cdenr. gov 910-796-7215 North Carolina Department of Environmental Quality Division of Energy,-MiDeral and Land Resources 127 Cardinal Drive Extension, Wilmington, .NC 28405 (910) 796-7215 910-796-7344 Reported hy: Brian Lambe Date cif inspection: March 27, 2019 CC: Others present: Time, arriving on site: 9:30 ANI Time leavino site: 9:50 AM ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality -larch 26, 2018 Ch ZTIFIIA) MLU1., 7017 0190 0000 9526 7938 It 17TUIZ\ 1t1,CEIl'T RFQUESI'i,D ylalec Brothers "Transport, LLC Attn: Matthew Malec, Registered Agent 3944 River Road Wilmington,. ;NC 28412-5240 CIAZT111ED MAIL 7017 0190 0000 9526 7938 RETURN ItLCEIP'I' ItEQUESrI'lrl) Acme Station, LLC Attn: Emily Grice, Registered Agent 2629 Neils Eddy Road IZeigelwood, .NC 29456 Subject: Compliance Evaluation Inspection & Resulting Notice of Deficiency NPD1 S General Stormwater Permit :NCG210000 Certificate of Coverage -tone WT002683 Malec Brothers Acme Station facility Columbus County Dear Ms. Grice and Mr. Malec: On March 27, 2019, staff from the Wilmington Regional Office of the Division of l nergyy, Mincral and I.,and Resources (DEs�1LIZ), conducted a site inspection for the tract/project known as Malec Brothers Acme Station facility located in Columbus County, North Carolina. The site drains to the Mill Crock, which is currently classified as Class C, Sw � aters in the Cape fear River Basin. The following observations were noted during the DEMI.R inspection (please see the attached addendum for additional information about your permit): Industrial stormwater permit coverage has not been applied for. The site is engaged in activities classified as Lumber and Wood Products SIC code 24 or like activities. The site discharges stormwater through roadside ditches leading to Mill Creek and the Cape bear River. D�� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ,E 910396.726 ;Malec Brothers Acme Station WT002f,83 rage 2 of 2 '\ Required Response l . You are directed to respond to this letter in writing within IS calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address and include a schedule for compliance with the permit. 2. Submit Notice of Intent to Central Office for consideration of coverage ofNPDE'S NCG210000. 3. Develop and implement a Stormwatcr Pollution Prevention flan (SPIT). Submit copy of the SPIT to this office for review with 30 calendar days of receipt of pert -nit coverage. Include all required minimum elements. 4. Implement the required sampling protocol as outlined in the permit. Thank you f��r your attention to this matter. This office requires that the violations as described above be pro )crly resolved.. Unresolved violations may lead to the issuance of a Notice of Violation anc�/or assessments of civil penalties. Thank you for your assistance and cooperation during this inspection. Please he advised that violations of the NPDFS Stormwater General Permit may be subject to a civil penalty assessment of up to S25,000.00 per day for each violation. If you have any questions; comments; or need assistance with understanding any aspect of your permit, please do not hesitate to contact Brian Lambe( Brian.l..ambe u,ncdenr.�) or me at (910) 796-7215. Sincerely, G Daniel Sarns, 1111 Regional Engineer Land Quality Section Attachments: 1.31MS Inspection Checklist cc: WiRO files — Land Qualitv Site Inspection Report Site Number: WTCO2683 Site Name: Malec Brothers Acme Station Site Address: 1507 Cronly Dr County: Columbus Directions: Intersection of Old 87 Road and Cronly Road Latitude: +34' 19' 28" Site Owner Name: Acme Station LLC Inspection mate: 03/27/19 Reason for Inspection: Routine Inspection Type: Site Inspection (DOT) Inspection Contact Person: On -Site Representative(s): Primary Inspector: Brian P Lambe Secondary Inspector(s): Facility Compliance Status: ❑ Compliant 0 Not Compliant Program Areas: NPDES SW - Industrial Question Areas: Failure to Secure NPDES S� Region: Wilmington Longitude: -78' 12' 19" Phone: Phone: Inspection Summary: Met with James Harris, Chief Operating Officer, representing Malec Brothers Transport Group. The site is being cleared and needs an erosion control plan and a construction NPDES permit Refer to Notice of Violation for COLUM-2019-010. The site is operating a debarking operation for packaging into shipping containers. page: 1 Site Number: WTM2683 Owner: Acme Station LLC Inspection Date: 03127/19 Inspection Type: Site Inspection (DOT) Reason for Visit: Routine Failure to Secure NPDES SW Permit Yes No NA NE Does the site have a NPDES Industrial Stormwater Permit? ❑ 0 ❑ ❑ Comment Site has not submitted for coverage for the NPDES industrial_stormwater permit NCG210000 Timber Products. The facility is currently operating as a debarking site for lops. page: 2 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality April 4, 2019 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT AND GENERAL PERMIT - NCG 010000 TO DISCHARGE STORMWA`1'ER UNDER THE NATIONAL POLL.UTA\YT DISCHARGE ELIMINATION SYSTEM FOR CONSTRUCTION ACTIVITIES CERTIFIED MAIL 7017 0190 0000 9526 7938 RETURN RE,ECEIPT Ilk UESTED Malec I3rothers Transport Li,C Attn: Matthew Malec, Registered Agent 3944 River Road Wilmington, NC 28412-5240 CERTIFIED MAIL 7017 0190 0000 9526 7945 RE;I'1JRN_1.kECE1PT REQUESTED Acme Station, LLC Attn: Emily Grice, Registered Agent 2629 Neils Eddy Road Reigelwood, NC 28456 RE: Projeci. Name: Malcc Brothers Acme Station facility Project Ill: Colum-2019-010 County: Columbus Compliance Deadlines: 15 days from receipt for SPCA violations 15 days from receipt for Construction Stormwater Permit NCG 010000 violations Dear Sir or Madam: On March 27, 2019 personnel of this office inspected a project located on Old 87 Road, .Acme in Columbus County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 and General Permit —NCG 010000 to Discharge Stormwater Linder The National Pollutant Discharge Elimination System for Construction Activities (Construction Stormwater North Carolina Department of Environmental Quality j Dtvision of Energy, Mineral and Land Resources e:!ar:: K Wilmington Regional Office 1127 Cardinal Drive Extension { Wilmington, North Carolina 28405 NORh CAROLW uqn laF"m°" , 910.796.7215 Malec Brothers Acme Station Colum-2019-010 April 47 2019 ,i Permit ECG 010000). The inspection revealed a land -disturbing activity of approximately 5 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the SPCA. G.S. 113A-50 to 66; Title 15A; North Carolina Adininistrat.ive Code (\CAC}, Chapter 4 and Construction Storm-«vater Permit :\NCG 010000. If you feel that you arc not responsible for the following violations, please notify this office immediately. ]'be violations of the SKA that were found are: Failure to file an erosion and sedimentation control plan with this office 30 or more days prior to initiating any land -disturbing activity that will disturb more than one acre on a tract., failure to secure this office's prior approval of the plan for any land - disturbing activity prior to begirming the land -disturbing activity. G.S..I 13A.-54(d)(4), G.S. 113A-57(4) and 15A NCAC 413.0107(c). 2. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retrain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract.. G.S. 1.1.3A-57(3). No measures have been installed to retain sediment onsite. 3. failure to take a]1 reasonable measures to protect all public and private property from damage by such ILuid-disturbing activities. 15A NCAC 413 .0105. No measures have been installed to retain sediment onsite. 'Che violations of the Construction Storrnwater Permit NCG 010000 that were found a re: Discharge of storinwater without a permit. Because the land -disturbing activity does not have an approved erosion and sedimentation control plan it does not have coverage under the Construction Storrnwater Permit NCG 010000 and you are not permitted to discharge stormwater. G.S: 143-215.1(a) and 15A N.C.A.C. 02H .0126 2. Failure to operate and maintain control measures; NCG 010000 Section IV, 1) The permit:tee shall at all times properly operate and maintain all control measures and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. To correct these violations, you must: 1. Submit three (3) copies of an approvable sedimentation and erosion control plan and the appropriate plan review fee to this office. Until the required plan - has been approved, no land -disturbing activity may be conducted, except that which is necessary to bring the site into compliance. Until an Erosion and J Malec Brothers Acme Station Calurn-2019-010 April 4, 2019 sedimentation plan has been approved, any land -disturbing activity, except that. \which is necessary to bring the site into cornpliane.e, will constitute additional viol.abons of the SPCA anti G.S. 143-215.1(a) and 15A N.C.A.C. 0214 .0126 . Following our review of the plan within 30 days of receipt, this office will notify you that the plan has been approved; approved with modifications or disapproved. Following approval of the plan, all land - disturbing activity on the site must be conducted in accoi dance with the terms of the approved plan, the SPCA and the Implementing rules and Construction Stormwater Permit NCG 010000. 2. Install measures to retain sediment. onsite under direction of an engineer SPCA 'Violations The violations of the SPCA cited herein may be referred to the Director of the Division of Energy, Mineral and Land Resources (Director) for appropriate eriforceinent action, including civil penalty assessments for aai initial one -clay violation and/or a continuing violation. The penalty for an initial one -day violation of the SPCA may be assessed in an arnount not to exceed S5,000.00. The Division of Energy, Mineral and Land Resources is not required to provide a. tune period for compliance before assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations of the SPCA regardless of whether the violations are corrected within the tittle period set out below. I.n addition, if the violations of the SPCA cited herein are not corrected withinl5 calendar days f om receipt of this Notice, this office may request that the Director take appropriate legal action against you .for continuing violations pursuant to NCGS 113A-61.1 and 113A-64. A penalty may be assessed from the date of the violation of the SPCA, pursuant to NCGS 113A.-64(a)(1), and for each day of a continuing violation of the SPCA in an arnount not to exceed $5,000.00 per day. Construction Storniwater Permit NCG 010000 Violations The violations of the Construction Storinwater Permit iti'CG 010000 cited herein may be referred to the Director of the Division of Energy, Mineral and Land Resources (Director) for appropriate enforeerncnt. action; Including civil penalty assessments for a continuing violation. This Notice serves as a letter of proposed civil penalty assessment. You have 15 calendar days frorn receipt of this Notice by certified mail to cease the violations listed above, and to submit in writing reasons why the civil penalty should not be assessed. Accordingly, you are directed to respond to this letter in v.,TIting within 15 calendar days of receipt of this Notice by certiried mail. Your response should be sent to This regional of-icc at the letterhead address and include the following: '.Vl d1CG DIUMci5 N 111r- JLd LrUIJ colum-20 t 9-010 A pri 1 4, 2C 19 1. The date by which the corrective actions listed above have been or will be completed. 2. A plan of action to prevent future violations. A plan for restoration of sedimentation damage. 4. Reasons why a civil penalty should not be assessed. We solicit your cooperation acid would like to avoid taking further enforcement action. At the samc time, it is your responsibility to understand and comply with the requirements of the SPCA and Construction Stormwater Permit �,CG 010000. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request.. Should you have questions concerning this notice or the requirements of the SPCA and Construction Stormwater Permit. -ECG 010000 please contact either Brian Lambe (Br-ian.Lambe@ncdenr.gov) or me at your earliest convenience. Sincerely; �' / Daniel Sams, PE Regional Engineer Land Quality Section Enclosures: Sedimentation Inspection Report Construction Storrnwater Permit NCG 010000 Financial Responsibility Form Erosion Control Plan Checklist r `Torch Carolina Department: of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Latension, Wilmington, NIC 28405 (910) 796-7215 County: Columbus Project: Malec Brothers Transport Group Acme Rivex basin: Cape Fear Person financially respousible: Malec Brothers Tianspwt, LLC - Mat thew ]vlalec, Project #: COLUM-2019-010 Registered Agentt Address: 3944 River Road, Wilmington, NC 28412 1. Project Location: Old 87 Road, Acme Pictures: No 2. Weather and soil conditions: 40s clear dry Initial inspection: Yes 3. Is site currently under notice of violation? No 4. is the site in compliance with S.P.C.A. and rules? No Ifno, check violations below: 5. Violations: ✓ a. No approvcd plan, G.S. 113A-57(e) and 15A NCAC 4B .0107(c) ✓ e. Insufficient measures to retain sediment on site, G S. 113A-5?(3) ✓ f. Failure to take all reasonabie measures, 15ANiCAC 4B .0105 ✓ s Failure to install and maintain BMP's, NCO 010000 Sec. III, 4 ✓ t. Failure to operate and maintain control treasures, NCG 010000 Sec. IV, 1 ✓ v. Other NPDES (describe) Failure to obtain permit 6. Is the site in compliance with the NPOES Permit? No Describe: 7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all chat apply) ✓ Other Pioperty Description: Road ditch Degree of damage: Slight 8. Contact made with (name): James Harris Title: Chief Operating Officer Inspection report: Sent Report Date given/sent: April 04, 2019 9. Corrective action needed: 1. Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed. 2. install erosion and sediment control devices sufficient to retain sediment on the tract. 3. Take all reasonable measures to prevent sedimentation damage to adjacent properties. 4. Install and maintain measures to divert storm run-off through the stormwatei control facilities, such as but not limited to temporary sediment traps or basins. 5. Submit for coverage of the NPDf S NCG010000 construction general permit 10. Comments: Refer to Notice of Violation for compliance actions. Br'lan.Larnbe@ncdenr.gov 910-796-7215 =01MMOU-111 North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension, Wilmington, NC 28405 (910)796-7215 910-796-7344 Reporf ed Ijy: Brian Lambe Others present: Daleol'inspection: March 27,2019 Time arriving on site: 9:30 AM Time leaving site: 9:50A-N,4 CC: ROY COOPER Governor MIC{-AEL S. REGAN Secretary S. DANIEL SMITH Interim DireCror NORTH CAROLINA Environmental Quality March 26, 2018 CERTIFIED MAEL /'017 0190 0000 9526 7938 RETURN RECEIPT REQUESTED Malec Brothers Transport, LLC Atin- Matthew Malec, Registered Agent 3944 River Road Wilmington, NC 28412-5240 CERTIFIED MAIL_, 7017 0190 0000 9526 79r $' RETURl! RECEIPT REQUESTED Acme Station, LLC Attn� Emily Grice, Registered Agent: 2629 Neils Eddy Road Relgel�vood, NIC 28456 Subject: Compliance Evaluation Inspection & Resulting Notice of Deficiency NPDES General Stormwater Permit NCG210000 Certificate of Coverage None «WT002683 Malec Brothers Acme Station Facility Colurxrbus County Dear Ms. Grice and Mr. Malec: On March 27, 2019, staff from the'rilmington Regional Office of the Division ofEnerg}r, Mineral and Land Resources (DEMLR), conducted a site inspection for the tractlpi 'Ct known as Malec Brothers Acme Station facility located in Columbus County, North Carolina. The site drains to the Mill Creek, which is currently class] � led as Class C, Sw graters in the Cape Fear River Basin. The following observations were noted during the DEMLR inspection {please see the attached addendum for additional information about your permit.}: 1. Industrial stormwater permit coverage has not been applied for. The site is engaged in activities classified as Lumber and 'Wood Products SIC code 24 or like activities. The site discharges stcrmwater through roadside ditches leading to Mill Creek and the Cape Fear River. DRE ��' J North Carolina Department or Envirormenal Quality I Division ofEnergy, Mineral and Land Resources �0U:` `� Wilmington Regional Office � 127 Cardinal Drive Extension I Wilmington, North Caroiina 28405 . Nonr N cActq�,w� of U..a.m.waw\ Malec Brothers Acr:ge Station WT002683 Page 2 of 2 Required Response I� You are directed to respond to this letter in writing within 15 ealendar days of receipt of this' once. Your response should be sent to this office at the letterhead address and include a schedule for compliance with the permit. 2. Submit -Notice of Intent to Central Office for consideration of coverage of -",-°.PDES NCG210000 3. Develop and implement a Stonnwater Pollution Prevention Plan {SPPP}. Submit copy of the SPPP to this office for review with 30 calendar days of receipt of permit coverage. Include all required minimum elements. 4. Implement the required sampling protocol as outlined in the permit. Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved.. Unresolved violations may lead to the issuance of a l\'-otice of Violation and/or assessments of civil penalties. Thank, you for your assistance and cooperation during this inspection. Please be advised that violations of the NPD ES Storrnwvater General Permit may be subject to a civil penalty assessment of up to S25,000.00 per day for each violation. If you have an), questions, comments; or need assistance with understandiazg any aspect of your permit, please do not hesitate to contact Brian Lambe( Erian.Laiiibertca�cde,ir,ov) or rzze at (910) 796-7215. Sincerely, Daniel Sams, PE Regional Engineer Land Quality Section Attachments: RIMS Inspection Checklist cc: WiRO Files — Land Quality Site Inspection Report Site Number. INT002683 Site Name: Malec Brothers Acme Station Site Address 1507 Cronly Dr County: Columbus Directions: Intersection of Old 87 Road and Cronly Road. Latitude +34' 19' 28'' Site Owner Name: Acme Station LLC Inspection Date: 03/27/19 Reason for inspecfion: Routine Inspection Type: Site Inspection (00 T ) Inspection Contact Person: On -Site Representative(s): Primary Inspector Brian A Lambe Secondary Inspectors) Facility Compliance Status: ❑ CompliantN Not Compliant Program Areas: NPDES SVV- Industr}al Question Areas- 0 Failure to Secure NPf7ES S} Region: Wilmington Longifude: -78° 12' 19" Phone: Phone: Inspection Summary: Met with James Harris, Chief Operating Officer, representing Malec Brothers Transport Group The site is being cleared and needs an erosion control plan and a construction NPDES permit. Refer to Notice of Violation for COLUM-2019-010. The site is operating a debarking operation for packaging into shipping: containers page: 1 Site Number: VVT002683 owner: Acme Slation LLC Inspection Date: 03/27/19 Inspection Type: Sile Inspection (DOT) Reason for Visit: Routine Failure to Secure N DES SVtl Permit Does the site have a NPDFS Industrial Stormwaler Permit? Comment: Site has not submitted for coverage for the NPDFS industrial stormwater permit NOG210000 Timber Products. The facility is c irrently operating as a debarking site for lops. Yes No NA NE ❑ ❑ ❑ F 1 page: 2 f% ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality April 4, 2019 NOTICE OF VIOLATIONS OF THE SEDI_VII{='\TATION 1"OLLUTIOi1' CONTROL. ACT AND GENERAL PEWWT - NCG 010000 TO DISCHARGE STORNIWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOR CONSTRUCTION ACTIVITIES CERTIFIED NIAIL 7017 0190 0000 9526 7938 RETURN RECEIPT REQUESTED Malec Brothers Transport, LLC Attn: Matthew .Malec, Registered Agent 3944 River Road Wilmington, NC 28412-5240 CERTIFIED iNIAI L 7017 0190 0000 9526 7945 RETURN RECEIPT REQUESTED Acine Station, LLC Attn: Emily Grice, Registered Agent 2629 Neils Eddy Road Reigelwood, NC 28456 RE: Project Fame: Malec Brothers Acme Station Facility Project 1D: Colum-2019-010 County: Columbus Compliance Deadlines: 1.5 days froth receipt for ,SPCA violations 15 days from receipt for Construction Stornlwater Permit NCG 010000 violations Dear Sir or >>tadam: On Nlarch 27, 2019 personnel of this office inspected a project located on Old 87 Road; Acme in Columbus Count-,,, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentaiion Pollution Control Act (SPCA) of 1973 and General Permit — \'CG 010000 to Discharge; Stormwater Under The National Pollutant Discharge E11mination System for Construction Activities (Construction Stormivater North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 w 5 noon coAa �n ''� °""v� 910.796.7215 :Vlalec Brothers Acme Station Colum-2019-010 April 4, 2019 Permit :ECG 010000). The inspection revealed a ]and -disturbing activity of approximately 5 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the SPCA, G.S. I I3A-50 to 66, Title 15A, N\orth Carolina Administrative Code (\CAC); Chapter 4 and Construction Storrnwaier Permit NCG 010000. If you feel that you are notresponsible for the following violations, please Notify this office immediately. The violations of the SPCA that were found are: ],allure to file an erosion and sedimentation control plan with this office 30 or more days prior to initiating anv land -disturbing activity that will disturb more than. one acre on a tract, failure to secure this offce's prior approval of the plan for any land - disturbing activity prior to beginning the land -disturbing activity. G.S. 1 13A-54(d)(4), G.S. l 13A-57(4) and 15A i1'CAC 413.01.07(c). 2. € ailure v,,hen a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. I I3A-57(3). iI rrreasures have been installed to retain sediment. onsite. 3. Failure to take all reasonable measures to protect all public and private property from damage by such ]and -disturbing activities. 15A I CAC 413 .0105. No measures have been installed to retain sediment. onsite. The. violations of the Construction Stormwater Permit NCG 01.0000 that were found a re: Discharge of storrnwater kvithout a permit. Because the land -disturbing activity does not have an approved erosion and sedimentation control plan it does not have coverage tinder the Construction Stomiwater Permit INrCG 010000 and you are not permitted to discharge storrnwater. G.S. 143-215. l.(a) and 15A KC.A.C. 02H .0126 2. Failure to operate and maintain control measures, NTCG 010000 Section IV, 1) The perrnittee shall at all times properly operate and maintain all control measures and systems of treatment and control (and related appurtenances) which are installed or used by the permit -tee to achieve compliance with. the conditions of this general permit. To correct these violations, you must: 1. Submit three (3) copies of an approvable sedimentation and erosion control plant and the appropriate plain review fee to this office. Until the required plan has been approved, no land -disturbing activity may be conducted; except that which is necessary to bring the site into compliance. Until an erosion and G \Malec Brothers Acme Statiol Colurn-2019-010 April 4, 2019 sedimentation plan has been approved, any land -disturbing activity, except that which is necessary to bring the site into conipliancc, will constitute additional violations of the SPCA and G.S. 143-215.1(a) and 15A P .C.A.C. 021-1 .0126 . Following our review of the plan within 30 days of receipt; this office will notify you that the plan has been approved, approved with modifications or disapproved. Following approval of the plan, all land - disturbing activity on the site must be conducted in accordance with the terms of the approved plan, the SPCA and the implementing rules and Construction Stonnwater Permit. NCG 010000. 2. Install measures to retain sediment onsite under direction of an engineer. SPCA Violations The violations of the SPCA cited herein may be referred to the Director of the Division of Energy, Mineral and Laud Resources (Director) for appropriate enforcen-tent action, including civil penalty assessments for an. initial one -day violation and/or a continuing violation. The penalty for an initial ore -day violation of the SPCA may be assessed in an amount: not to exceed S5,000.00. The Division of Energy, Mineral and Land Resources is not required to provide a tune period for compliance before assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations of the SPCA regardless of whether the violations are corrected within the time period set out below. In addition, if the violations of the SPCA cited herein are not corrected withinl 5 calendar days from receipt of this N!oticC, this office. may request. that the Director take appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 and 1 13A-64. A penalty may be assessed from the date of the violation of the SPCA, pursuant to NCGS 1 13A-64(a)(1), and for each day of a continuing violation of the SPCA in an amount not to exceed S5,000.00 per day. Construction Stormwater Permit NCG 010000 Violations Theviolations of the Cons1T11Ction Stormwater Permit NCG 010000 cited herein may be referred to the Director of the Division of Energy, Minerai and band Resources (.Director) for appropriate enforcement action, including civil penally assessments for a continuing violation. This Notice serves as a letter of proposed civil penalty assessment. You have 15 calendar days from receipt of this Notice by certified snail to cease the violations listed above, and to submit in writing reasons why the civil penalty should not be assessed. Accordingly, you are directed to respond to this letter in writing within 15 calendar days of receipt of this Notice by certified mail. Your response should be sent to This regional office at the letterhead address and include the following: Malec Brothers Acme Station Colum-2019-010 April 4, 2019 l . The date by which the corrective actions listed above have been or will be completed. 2. A plan of action to prevent future violations. 3. A plan for restoration of sedimentation damage. d. Reasons why a civil penalty should nol. be assessed. We solicit your cooperation and would like to avoid taking further enforcement action. At. the sanne time; it is your responsibility to understand and comply with the requirements of the SPCA and Construction Stormwater Permit \ICG 010000. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this notice or the requirements of the SPCA and Construction Stonnwater Permit :`CG 010000 please contact either Brian Lambe (13riarn.Lambe@ncdeii7.gov) or me at your earliest convenience. Sincerely, Daniel Saris, PE Regional Ezngineer Land Qualify Section F11010SUres: Sedimentation Inspection 1Z,eport Construction Stormwater Permit NCG 010000 Financial Responsibility Form Erosion Control Plan Checklist i 'North Carolina Department. of Environmental Quality Division of Energy, -Mineral and land Resources 127 Cardinal Drive Extension, Vhilmirigton, INC 28405 (910) 796-7215 County: Columbus Project: Malec Brothers "franspori Croup Acme River basin: Cape Pear Person f nanciallp responsihIe.: Malec Brothers Transport; LLC - Matthew ri'ialec., Project #: Col-UM-2019-010 Regisiered Agenii Address: 3944 River Road, Wilmington, NC 25412 1. Project Uwation: Old 87 Road, Acrne Pictures: No 2. Weather and soil conditions: 40s clear dry Initial inspection: Yes 3. is site currently under notice of violation? No 4. Is the site in compliance with S.P.C.A. and rules'? No If no, check violations below: S. Violations: ✓ a. No approved plan, G.S. 113A-57(4) and 15A i\CAC 4B .0107(c) ✓ e. Insufficient reasures to retain sediment on site; G.S. l 13A-57(3) ✓ f. Failure to take all reasonable measures, 15A NCAC 4B .0103 ✓ s_ Failure to install and maintain BMP's, NCO 010000 Sec. 111, 4 t. Failure to operate and maintain control measures, NCG 010000 Sec. I`', I ✓ v. Other NPDES (describe) Failure to obtain permit G. is the site in compliance with the NPDES Permit? No Describe: 7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply) ✓ Other Property Description: Road ditch Degree of damage: Slight 8. Contact rnade with (narne.): .lames Harris Title: Chief Operating Officer Inspection report: Sent Report Date given/sent: April 04, 2019 9. Corrective action needed: 1. Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed. 2. Install erosion and sediment control devices sufficient to retain sediment on the tract. 3. Take all reasonable measures to prevent sedimentation damage to adjacent properties. 4. Install and maintain measures to divert storm rurt-off through the stormwater control facilities, such as but not limited to temporary sediment traps or basins. 5. Submit for coverage of the NPDES NCG010000 construction general permit. 10. Comments: Refer to Notice of' Violation for compliance actions. Brian.l,ambe@ncdenr.gov 910-796-7215 North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension, Wiimington, NIC 28405 (910) 796-7215 910-796-7344 Reported by: ]man Lambe Dale of inspection: March 27, 2019 cc Others present: Time arriving on site: MO AM Time, leaving site: 9:50 AM ROY COOPER Govern or MICHAEL S. REGAN Secretary S. DANIEL SMITH Inlenin Director NORTH CAROLINA Environmental Quality March 26. 2018 CER`1i,InEp.TAIL 7017 0190 0000 9526 7938 RETURN RECEIPT REQUESTED Malec Brothers Transpor(, LLC Attn: Mathew Malec, Registered Agent 3944 .1Z_iver Road Wilmington, NC 29412-5240 'b" 4('jIA CER'b'iFTED MAIL 7017 0190 0000 9526 793<)b R ,TU RN RECEIPT REQUESTED Acme Station, LLC Attn: Emily Grice, Registered Agent 2629 Neils :Eddy Road Reigelwood, NC 2845E Subject: Compliance Evaluation Inspection & Resulting Notice. of Deficiency N11DES General Stormwater Pernut NCG210000 Certificate of Coverage None NVT002683 Malec Brothers Acme Station Facility_ Columbus County Dear Ms. Grice and Mr. Malec: On March 27, 2019, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Uid Resources (DEMLR}; conducted a site inspection for the tract/project known as Malec Brothers Acme Station Facility located in Columbus County, INTorth Carolina. The site drains to the Mill Creek, which is currently classified as Class C, Sw Waters in the Cape Fear River Basin. The following observations were noted during the DEMLR inspection (please see the attached addendurn for additional information about your permit): Industrial storm xater permit coverage has not been applied for. The site is engaged in activities classified as lumber and Wood Products SIC code 24 or like activities. The site discharges stormwater through roadside Glitches leading to Mill Creek and the Cape bear River. l�g North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources r t' `� Wiimingcon Regtonal Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 N 1 PR IWS � 910,796.7215 :vialec Brothers Acme Station WT002683 Page 2 of 2 Required Response 1. You are directed to respond to this letter in writing within 15 eaiendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address and include a schedule for compliance with the permit. 2. Submit :Notice of Intent to Central Office for consideration of coverage of NTDES INCG210000. Develop and Implement a Stormwater Pollution Prevention Plan (SPPI)). Submit copy of the S.PPP to this office for review with 30 calendar days of receipt of permit coverage. Include all required minimum elements. Implement the required sampling protocol as outlined in the permit. Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved.. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties. Thank you for your assistance and cooperation during this inspection. Please be advised that violations of the NP>G ES Stormwater General Permit may be subject to a civil penalty assessment of tip to $25,000.00 per day for each violation. If you have any questions, comments; or need assistance with understanding any aspect of your permit, please do not hesitate to contact. Brian Lambe( Brian. Lam be<<r),ncdeni-.gov) or me at (910) 796-7215. Sincerely, Daniel Sams, PE Regional Engineer Land Quality Section Attachments: 131MS Inspection Checklist. cc: - WiRO Files —Land Quality Site inspection Report Site Number: VVT002683 Site Name: 'Malec Brothers Acme Station Site Address: 1507 Crnnly Dr County: Columbus Directions: Intersection of Old 87 Road and Cronly Read Latitude: +3Ge 19' 28'' Site Owner Name: Acme Station LLC Inspection Date: 03/27/19 Reason for Inspection: Routine Inspection Type: Site Inspection (DOT) Inspection Contact Person: On -Site Representative(s): Primary Inspector: Brian P Lambe Secondary Inspector(s): Facility Compliance Status: ❑ Campliant EJ Not Compliant Program Areas: NPDES SV'f- Industrial Question Areas: U FaIILJre to SecUre NPDES S� Region: Wlrnington Longitude- -78° 1,2" 19" Phone: Phone: Inspection Summary: [,Aet 4th James Harris, Chief Operating Officer, representing Malec Brothers Transport Group. The site is beino cleared and needs an erosion control plan and a construction NPDES perrnit. Refer to Notice of Violation for CQI_Ufvl-?_D19-010. The site is operatioa a debarking operation for pact aaina into shipping containers page 1 Site Number: 11VT002683 Owner: Acme Station LI.0 Inspection Date: 03127P 9 Inspection Type: Site Inspection (DOT) Reason for Visit: Routine Failure to Secure NPDES SA' Permit Yes No NA NE Does the site have a NPDES Industrial Stormwater Permit? ❑ 1E ❑ ❑ Comment: Site has not submitted for coverage for the NPDES industrial stormwater permit_NCG210000 Timber Products. The facility is current operating as a debarking site for logs. page: 2