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NCG160151_COMPLETE FILE - HISTORICAL_20060516
STORIVIWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V '�c DOC TYPE J2c HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ a �� �� � YYYYMMDD .,,o�or WAr��Qc ' S �,rp-7r{••!'T;`"'w?Yrx '�"'Ztnd�r,GY=�r.w•i:.waa>., MictiaeTF, Easley, Gov rnor "It G oss Jr., tar, North Carolina Department of f~nvuonmean Natural uarces Alan W. Ktim P.>= Direct r '•- t-�:.��f.�.�"Dfdfsion-af Water (luality Asheville Regional Office SURFACE WATER PROTECTION Mr. B. K. Mount Maymead Materials Inc Post Office Box 911 Mountain City, Tennessee 37683 Dear Mr. Mount: May 16, 2006 SUBJECT: Compliance Evaluation Inspections McDowell County Plant Permit No: NCG160151 McDowell County Pineola Plant Permit Number: NCG160114 Avery County Enclosed please find a copies of the Compliance Evaluation Inspection forms from the inspections conducted on May 12, 2006. Larry Frost of the Asheville Regional Office conducted the Compliance Evaluation Inspections. The facility were found to be in Compliance with permits NCG160151 and NCG160114. Please refer to the enclosed inspection reports for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, La Frost, CPE vironmental Engineer Enclosure cc: David Jansen, ORC Central Files Asheville Files Stormwater Unit No thCarolina 2090 U.S, Highway 70, Swannanoa, NC 28778 Tetephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. Washington, D.C. 2a460 EPA OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yrimoiday Inspection Type Inspector Fac Type 1 1 NI . 2 151 31 NCG160151 ,I 11 12 06/os/12 117 18LC I 19L 20Lj L 1 Remarks 211 1 1 1 1111-111.1�[I _ I 11: 1 1 1 1 1 1 1 1 1 1 I I I I I I I I I I 1 1._.1 1 1 1 16 .I1 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- --------- ---------- Reserved --- ------- ------- -- 671 169 70 U1 711 1 72 73 L j � 74 75I 1 I I I 1 1 80 �I r L Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry TimelDate Permit Effective Date POTW name and NPDES permit Number) Maymead Material -McDowell County Plant 09:00 AM 06/05/12 04/08/01 Exit Time/Date Permit Expiration Date 741E US Hwy 221 N Marion NC 28752 09:45 AM 06/05/12 09/07/31 Name(s) of Onsite Rep resentative(s)/Title s(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Of icial(Title/Phone and Fax Number Contacted B K Mount,PO Box 91.1 Mountain City TN 37683//423-727-2000/4237272025Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Storm Water Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) . Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO wQ//826-296-4500 Ext.4658//�� Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO wQ//828-296-4500/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES' yrlmolday Inspection Type NCG160151 I11 121 06/05/12 1 17 18C1 (cant.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) - The plant appears to be well maintained and clean. Stormwater structures appear to be well maintained. - The stowmwater plan is site specific and written well. - The emergency numbers in the plan need to be updated, DWQ in Asheville is (828) 296-4500. Please add the company's numbers as well. - Valve on the secondary containment needs to be locked. - Records required by the plan need to be improved/started and copies kept on site. - Records required by the permit need to kept on site, monitoring, qualitative, and training. - Remember that 5 years of records must be retained for this permit. - Attached is a copy of the latest permit. - I recommend that you review your permit requirement annually and note the review on your plan. Page # 2 o�0 warF,�QG Michael F. Easley, Governor William G. Ross Jr" Secretary North Carolina Department of Environment and Natural Resources November 19, 2004 Bruce C. Smith Smith and Sons Paving Company PO Box 250 Pineola, NC 28662 Alan W. Klimek, P.E. Director Division of Water Quality Subject: Permit name or ownership change request Permit NCG 160151 Your request for a permit name change or ownership change received on E i Z , is being returned due to: (3 Permit Name/Ownership Change Form is missing. . ❑ Permit Name/Ownership Change Form is incomplete. e(Permit Name/Ownership Change Form signatures missing. ® Missing legal document of the transfer of ownership (such as a contract, deed, articles of incorporation). dOther If you wish to transfer the stormwater discharge permit, please contact me. Please return the information so we can continue processing your request. If you have any additional questions, please contact Ken Pickle at (919) 733-5083 extension 584, or Sarah Young at (919) 733-5083 extension 502. DWQ Stormwater Permitting Unit Cc: DWQ Central Files SPU Nor`thCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet h2o. enr. state. na us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6749 An Equal Opportunity/Affirmative Action Employer — 50% Recyclecill0% Post Consumer Paper . o`a0 � w H j�9QG r� T— Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 19, 2004 Bruce C. Smith Smith and Sons Paving Company PO Box 250 Pineola, NC 28662 Alan W. Klimek, P.E. Director Division of eater Quality Subject: Permit name or ownership change request Permit NCG160151 Your request for a permit name change or ownership change received on 2 , is being returned due to: Permit Name/Ownership Change Form is missing. ❑ Permit Name/Ownership Change Form is incomplete. ;Permit Name/Ownership Change Form signatures missing. Q� Missing legal document of the transfer of ownership (such as a contract, deed, articles of incorporation). lJ Other If you wish to transfer the stormwater discharge permit, please contact me. Please return the information so we can continue processing your request. If you have any additional questions, please contact Ken Pickle at (919) 733-5083 extension 584, or Sarah YoungAt (919) 733-5083 extension 502. . DWQ Stormwater Permitting Unit Cc: DWQ Central Files SPU NocthCarolina Al aturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Im SMITH AND SONS PAVING COMPANY P.O. BOX 250 PINEOLA, NC 28662 (828) 733-5226 (828) 733-1758 FAX October 23, 2004 Mr. Bradley Bennett NCDENR NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Sale of Asphalt Plant to Maymead, Inc. 7418 US Hwy 221 North Marion, McDowell County, North Carolina NPDES Stormwater Permit COC Number NCG160151 General Permit NCG1600000 McDowell County Dear Mr. Bennett: NOV 2 2004 WATEs; QUALITY DERR - FQIKT s4l4RCE B4;ANCH On September 30, 2004, Smith and Sons Paving Company sold the property referenced above to Maymead Materials, Inc. and Maymead, Inc. As of that date, Smith and Sons no longer has any interest in the asphalt plant or the site. The new owner's address is as follows: Maymead, Inc. P.O. Box 911 Mountain City, TN 37683-0911 Please feel free to contact our office if you have questions. Sincerely, Bruce C. Smith President NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Contacts Summary NC DEN11LR has the followinE contact information in our Permit Database for vour hermit as of 311112014. Permit Number: r NCG160151 J Permit Type: Asphalt Paving Mixture Stormwater Discharge COC Facility Name: Maymead Material_-N7 Dowell County Plant Facility Addressi: M U5 Hwv 221 N Facility Address2: City, State & Zip: Marion, NC 28752 Owner information Details: MUST i6i;i6it a Cfiarige of Name/Qivneishfpform to DEMI-Wto,make any.cha_nges to tftis Diiner Information r' $ee'"Miscellaneous Farms",at h o I.ncde r well !r n rm - ter. " w{ ' r, , aj ,� • ,, Owner Name: Mavmead Materials inc Owner Type: Non-Gavernment owner Type Group: Organization Legally Responsible, for Permit *** .: t�Rcs nsrble corporate officer/principle executive affloer or ranking elected officiai/general partner or proprretirr; p° 1. or any otteer person with delegated signatory authority from the tegally,resporisibie person.} # %3 ;[--A Owner Affiliation: 9*+Iowr t- yi(i %-C y tk,.te v— Title: -Oe� C, Addresst: PO Box 911 Address2: City, State & Zip: Mountain City, TN 37683 Work Phone: 423-727-2000 Fax: 423-727-2025 Email Address: owner Contact. Pers6n(s)' Y )' `; i Contact Name Title Address phone Email FacilityContart Persons) n ;- t Contact Name Title Address Phone Fax E_ma11 David Worley Maintenance Supervisor 5738 US Hwy 2570, Marshall, NC 28753 828-649-9276 828-649-9334 Fei-ewit ri;6fa if Person s11�ti F s r r t r ( --). F �:H --�+ �3 3.; -"'i 's'.raa..a-..z�„• �. c Contact Name Ti a Address phone f AN Email 6 WA.s 1� A.e�c. y D. o . 8C.x .1 I�lw.a�0.�►� CAty,-%:a 3'740;33 If4Z3_12n- ZA:1— "rZ7. zazS 3/1 t/2014 Page AGGREGATES • AGRICULTURE • ASPHALT OR AF W. B. Roark May M. Roark President Secretary/Treasurer M « �:_:.: �,� . : Thomas G. Purpur V ice -President P.O. Box 911 Mountain City, TN 37683 (423) 727-2000 Fax (423) 727-2025 May 7, 2014 NCDENR Division of Energy, Mineral and Land Resources Bethany Georgoulias 512 N. Salisbury Street Raleigh, NC 27604 Reference: NPDES Stormwater renewals/changes Dear Ms. Georgoulias, Please find enclosed the required documents for the name change for NCG160204 (Midstate) to Maymead Materials, Inc. Also enclosed are several requested changes to our existing NPDES COG's If you require any additional information, please advise. Sincerely, Sean Mackey Tennessee * Virginia • North Carolina www.maymead.com Division of Energy, Mineral & Land Resources 1 Land Quality Section/Stormwater Permitting NC®ENR National Pollutant Discharge Elimination System .- 0— ENYIgpMY C '.o N.v11Vw R[lLVRto PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month Day I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage 60 1 1 1 = I N 11. Permit status prior to requested change. a. Permit issued to (company name): b. Person legally responsible for permit: 1A.►+.ES S iDrQ..1ET'~4`f First MI Last Title - t: Box 1z3s Permit Holder Mailing Address _ Y City State Zip ( Sze ) j 27-- �1R-1 ( 19z8) ;1UA..,- dirk _.. Phone Fax e. Facility name (discharge): M 5 d. Facility address: z oc8 W1L-1[,E"�BC�_ o._ _3 -!z Address LE,.lca,tp_, tSG Z e1.14s City State Zip e. Facility contact person: { ) First / MI / Last Phone III. Please provide the following for the- requested change (revised -permit). _ a. Request for change'is a result of: ® Change in ownership of the facility = Name change of the facility or owner - - If other please explain. b. Permit issued to (company name): n�,aYME,n.a iJl�a-t-E�tr� 1L� — r_►1t7t� 2 c. Person legally responsible for permit: W1 LEAP 13 , 126.AM6-- First MI Last _ f�e�t Ll�es.LT (9 ITY Title _ V MAY Permit Holder Mailing Address $ 2014 McLA"-ra%,A C-Tt T*1City State Zip � - '1VA L�lllitl ('Iz3) -rz—t zoo w fit- a „�.A�! rre A�1- c4+tn Phone E-mail Address d. Facility name (discharge): kisyn+tt _ t V_,&atr 44 2. e. Facility address: 2 ao i3 Y[ ttik E San is a c.V D Address L g7s al Z blG z8jjj2t�s city. State Zip f. Facility contact person: _S_E,At.1 -P—y First MI Last Phone E-mail Address N. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 C. NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: � e 44A First J MI Last �a �niT- corylAt_.t,A,,1 cam. Title _ + t o. BCC y Mailing Address M4 TP k 3`7c�8 3 City State Zip { �kz3) `t z.-7 - zcm e,re c_ cz VA -A- Phone E-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: This completed application is required for both name change and/or ownership change requests. ® Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an -ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, jVA , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge., I understand that.if all required parts of this application are not _ completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature ate APPLICANT CERTIFICATION I; attest -that this application for a name/ownership change has.been reviewed and is accurate. and _ ...._- = • - .complete to the best of my knowledge. I understand that if all required parts of this application are not - - completed and that if all required supporting information is not included, this application package will be returned mplete. Si afar ate PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan, 27, 2014 BILL OF SALE THIS BILL OF SALE, made as of January 28, 2014, by and between MIDSTATE CONTRACTORS, INC., a North Carolina Corporation ("Seller''), and MAYMEAD, INC., a Tennessee Corporation ("Buyer"), WITNESSETH WHEREAS, Buyer and Seller are parties to Letter Agreement dated November 7, 2013 and Letter dated November 15, 2013 (together, for the purposes hereof, the "Agreement") pursuant to which Buyer requires Seller to sell to Buyer the Assets of the Midstate Lenoir Asphalt Plant which Assets are described in Exhibit I hereto (the "Assets"). NOW THEREFORE, in consideration for payment o to Seller, Seller hereby sells, assigns, transfers, delivers and conveys title to the Assets to Buyer, and Buyer hereby accepts, the Assets, subject to and in accordance with the provisions hereof. . This Bill of Sale shall be governed by, construed and enforced in accordance with, the laws of the State of North Carolina without regard to the choice of law provisions thereof. The Assets are sold "AS IS, WHERE IS" and without any warranty. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. . IN WITNESS WHEREOF, Seller and Buyer have caused this Bill of Sale to be executed and delivered as of the day and year first above written. MIDSTATE CONTRACTORS, INC. By: �, � - Ji"." — N e: James S. Abernethy Ti e: President ,, Date: 112 Q'I I � _ STATE OF NORTH CAROLINA COUNTY OF CATAWBA On this a -lid -ay of January, 2014, personally appeared before me, the said named James S. Abernethy, to me known and known to me to be the person described in and who executed the foregoing instrument and he acknowledged that he executed the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true. My Commission Expires 1 G r ' �o� W A rF9n Michael F. Easley, Govemor William G. Ross Jr., Secretary co North Carolina Department of Environment and Natural Resources Alan W. Klimek. P.E. Director Division of Water Quality March 18, 2005 Mr. B. K. Mount INMaymead Materials, Inc. PO Box 911 Mountain Cite, TIN 37683 Dear A-Ir. Mount: Subject: NPDES General Permit NCG160000 Certificate of Coverage NCG160151 Maymead Nlaterials-McDowell County Formerly Smith & Sons Paving Company McDowell County Division personnel have reviewed and approved your request to transfer coverage under the General Permit, received on December 14, 2004. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. cc: D\X'Q Central Files Asheville Regional Office, Water Qvalit}' Section Stormwater Permitting Unit Sincerely Ci:�J�:E1t -;C ti-7 BY BRADLEY BENNETf Alan W- Klimek P. 13. R D C FMAR 2 2 2005 IDD WATER QUALJTy S TCTC fE ON 3HEV�LLE REGIONAL OF✓ or NorthCarolina .Nntnrn!/ri North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 509/o Recycled/10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG160151 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, MAYMEAD MATERIALS, INC. is hereby authorized to discharge stormwater from a facility located at MAYMEAD MATERIALS-MCDOWELL COUNTY PLANT US HW Y 221 NORTH MARION MCDOWELL COUNTY to receiving waters designated as a UT to Limekiin Creek, a class C stream, in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V, and VI of General Permit No. NCG160000 as attached. This certificate of coverage shall become effective March 18, 2005. This Certificate of Coverage shall remain in effect for the -duration of the General Permit. Signed this day March 18, 2005. ORDINAL SIGNED BY BRAC�LEY BENNE"TT Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission A'.1I tom` 1 �' � f J/ I .f "a 'sit' r + - • 7r �I1 •��._ it\�� r - �/� 1'{fy ��#".s � ��i�� j J _.��� J'i �s _t�'`�'' w- � -.�"" 9f �\tea rr`•x��.-'sue ' • � �� � 'r y F -. -e :�•" �''? K'�'� �� ��-� Sri T��ay 't •�, •' - \ n•' y-` _ „�`�=� T fie` -�. ' . • , L NN ���n"i —,rem\ ���'� � .�e� �'�` `-:.��.� y! ti � � ..._r.'.'� : � + . ` `� ` \ f ��`;y • Fro osed School Site •' ! �� '� w �" tt;3y s�^5 /' /{�]] ■ - .�,: -%r.- �� �r '4 -i f�t 1 .. f .. • yam• • �;},�H S•• � � t� � r / �.���� �t �� f� '� } _;li �r }: � •ice-. • ✓.. ...:� �. J ��`. • ` � � �,�` U�t ��� VAl ,�• �-��.�;r =��r� 1//^ �r; '1-I�. �� +' ,;:..C.. ,�:: • rY •%~ ~ �w� ti�tL` � •_� �s�'r,��R�s 4 '�'+� � -� ° ti �/ 1l �I� 1I 55'ii ■ =r� '�'W # [' b�-y�j~ '-4�• a ••• t5?��//��•.,1{11��`J/ �r..e �i� �r�' 7 :f� I z 1,.\¢o:ifd•✓:.-; i41c.+-iS: ��'... 7:1• .!N •Y�� V,�...1,� •>r.'._.._ oI •• k�'t •), �fYf V:fdL-��L'J ��"��1. 1 �•'-� I •//( s ( /' 4 Proposed HMA Faci ZV e. d Locus Map N Dace: �u Smith & Sons Paving December2000 r. Drawn by. W E TOP Modeling Addendum - Figure 3a Project Number. S TIGHT RECEPTOR GRID 9417-200-100 USGS QUADRANGLES: Marlon West, NC - -` IN � IN Xa`n • State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director Mr. Mark Sizemore Smith and Sons Paving Company P.O. Box 250 Pincola, NC 28662 Dear Mr. Sizemore: Ir 00 NCDENR ENVIRONME��AN51 NATuvANQRESOURCES June 15, 2001 ' �[ JUG 2 5 200I "'irrR QUALITY s�CTION L EVILLE Subject: General Permit No. NCG 160000 Smith and Sons Asphalt Plant COC NCG 160151 McDowell County In accordance with your application for a discharge permit received on April 2, 2001 we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Aisha Lau at telephone number (919) 733-5083 ext. 578. Sincerely, WTAM C. �I:I_--S Kerr T. Stevens cc: Asheville Regional Office Central Files Stormwater and General Permits Unit Files 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper • 0 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG160151 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-2IS. 1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Smith and Sons Paving Company is hereby authorized to discharge stormwater from a facility located at Smith and Sons Paving Company US Hwy 221 North Marion McDowell to receiving waters designated as an unnamed tributary to Limekiln Creek, a class C stream in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, I11, and IV of General Permit No. NCG 160000 as attached_ This Certificate of Coverage shall become effective June 15, 2001. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 15, 2001. ire �JiN�� "..'.. _ 3 Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission I v � N-\ Vr. o ,y'p 4 - N.- IN Z- 'N X 711-1 11 �l . jp N. jj, 0 QM 438 16CO-. Q <*PAO z N, RO .�f M n. Tom, 'N I I J I i I j - L -xi , U - .( fit\ ti, `, � �-/'�er � � �� i `' i —011 / %��",�I ;, - �.• t r� �. _ � _ i. �.:,; t, rem � I ��. j =;,;, �W "NN Ou "jit• . 1I , IN 7.0u- 'A Ir y7NNn W A- 7, 7 uopyngni (u) 199 t, mapiecri, inc. 0 0 Markers Name: NCG160151 - Smith and Sons Paving Company Short Name: 160151 Coordinates: 0350 46' 39.9" N, 0820 02' 16.7" W Comment: County: McDowell, Map #: E10NE, Subbasin: 03-08-30, Receiving Stream: UT Limekiln Creek, Class: C �I 6 oF'tf ArFRp Michael F. Easley `G� G Governor r William G. Ross, Jr., Secretary >_ Department of Environment and Natural Resources G` `r Kerr T- Stevens Division of Water Quality March 21, 2001 Mr. Bill Gilmore, P.E. Project Development and Environmental Analysis NC Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Re: Tulula Creek Mitigation Site DWQ Project No. 991423 Graham County Dear Mr. Bruton: MAR 2 9 2001 The Wetlands Unit staff reviewed your correspondence dated March 16, 2001 and found your proposals acceptable except for the proposal in Condition 4. To successfully compile with condition four, NCDOT needs to provide: Condition 4: Longitudinal profile measurements that include the average slope for the entire reach, the average pool slope, the average riffle slope and the pool to pool spacing. If you have any questions or would like to discuss this project, please contact John Hennessy at (919) 733-5694. Sincerely, r o n R. Dorney cc: John Hennessy, NC DWQ _ - NCDWQ Asheville Regional Office _ - - File_Copy C:lncdotW9lcorrespondencelrnoniluring clarification.doe North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) n.n you .7oc n.n "= cco' Is- -% ..... ........ --.4-1 S 1 • . F W A TF • ,._ � 9pG Michael F. Easley Governor GI) William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources © Kerr T. Stevens, Director Division of Water Quality Asheville Regional Office February 5, 2001 Smith and Sons Paving Company Incorporated Post Office Box 250 Pinenola, North Carolina 28662 Subject: Notice of Intent-Stormwater Discharges Proposed Asphalt Plant McDowell County Marcie, - . As I told you this morning, your company's proposed -asphalt plant in McDowell County will require coverage under General Permit number NCG160000, for stormwater discharges. Enclosed you will find the notice of intent form that is required to be submitted at least 90 days prior to the beginning of industrial activity. Should you have any question with regards to this or other water quality issues contact me at (828) 251-6208. Sincerely, X� vzz� Larry Frost Environmental Technician Enclosure R cif :INGL�E F Water Quality Section, 59 Woodfin Place, Asheville, NC 28801-2414 Telephone: 828/251-6208 Customer Service Fax_ 828/251-6452 1 800 623-7748 Division of Water QuaCity MEMO F om: COdGw# Date: ! To: (I Subject: K�� J c 0 Us I i r cMrtrn4 1�1 f do wot Vw tom, �G 11 po a-YA 44 aO�J ' fflin r v NCDENR North Carolina Department of Environment and Natural Resources PO Box 29535, Raleigh, North Carolina 27626-0535 / Phone: 733-5083 January 20, 2001 Director Kerr evens NCDENR, Di sion of Water Quality 1601 Mail Se -ce Center Raleigh, NC 27699-1601 Dear Mr. Stevens, Clay McCall 632 it Valley Drive Charlotte, NC 28226-6891 email NCoveClay@worldnet.att.net worldnet.att.net Smith and Sons Paving Company has applied for a Division of Air Quality permit to construct and operate an asphalt plant in the Woodlawn section of McDowell County. The permit application ID is 5600183.00A. NCDENR should deny permits for an asphalt plant at this site for two major reasons- (1) The topography of the proposed site subjects the area to air inversions that would hinder dispersal of the plant's air emissions. (2) Rain run-off from the site will enter the nearby North Fork River, which is a primary feeder stream to the Catawba Basin, which supplies water to many thousands of Carolinians. Should NCDENR not promptly deny this permit application after preliminary investigation of the above stated reasons for denial, it should, at the very least, require a 15 month weather study of the area. In an NCDENR report of October 8, 1998 entitled "Meteorological Study Required Before Construction of Boone Asphalt Ptant", NCDENR stated that construction of that facility was not to begin before a 15 month weather study was completed. The report stated that: "The site proposed for this facility has several distinct characteristics that warrant extra precautions in the consideration of this permit, DAQ Director Alan Klimek said_" "The site is located in a small, narrow mountain valley adjacent to a river of national significance; and the valley is subject to air inversions and stagnant weather conditions that may result in pollutant trapping and impacts on residential areas near the proposed asphalt plant." Asphalt plants are of concern because they emit toxic and carcinogenic compounds such as arsenic, benzene, toluene, M1BK, and large amounts of other VOC's. A number of compounds emitted by asphalt plants are classified as HAP (Hazardous Air Pollutant) metals and HAP organic compounds. They also release S02 and NOx, which are primary causes of acid rain and ground -level ozone. The proposed site at Woodlawn is 1.4 miles from the North Fork River, 1.4 miles from the portion of Pisgah National Forest that contains the Linville Gorge Wilderness Area, 4.5 miles from Lake James, and 4.5 miles from the Blue Ridge Parkway. Woodlawn is situated down in a bowl surrounded by mountains, just below the Blue Ridge Escarpment. Under some weather conditions, air emissions can hover over such an area for days without dispersal. The proposed site is surrounded by homes, one of the county's major employers, and is across the road from the site for a new elementary school. The proposed site is in the Little Switzerland Quadrangle of the US Geological Survey 7.5 series topographical map, and appears to be at an elevation of about 1440 feet. The distances from the proposed site to points where there is an elevation increase of 400 feet above the proposed site are as follows: North 3.1 miles South .4 mile East .6 mile West 1.0 mile 41, I I W E 2. Elevation increases above that of the proposed site at points 3 miles distant from the site are as follows: North 160 ft. Northeast 1,360 ft. East 1,040 ft. Southeast 560 ft. South 440 ft. Southwest 840 ft. West 1,560 ft. Northwest 280 ft. Visible from higher elevations around the proposed site are mountains with elevations 4,500 feet higher than the proposed site. The bowl that the mountains form around the Woodlawn area opens to the Northwest to Turkey Cove, a residential area below 3,000 ft. ridges. Opening to the North, Northeast from Woodlawn is North Cove, which primarily is a residential and farming area. North Cove is a narrow mountain valley bounded by 3,000 fI. mountains on both sides, down which many spring -fed streams flow to the North Fork River on its floor. However, located in North Cove are two industries that already contribute significantly to the degradation of air quality. Baxter Healthcare's plant releases large quantities of CO2, and the adjacent Trigen Biopower plant emits large amounts of CO, and NOx, as well as smaller amounts of VOC's and S02. The proposed asphalt plant site is adjacent to the Explosives Supply stone quarry and the Coats American thread plant. The Coats plant currently has annual VOC emissions of 226 tons, as well as large emissions of NOx and S02. Traversing the Woodlawn and North Cove areas is US Highway 221 North. This is a 4-lane road through Woodlawn, and is in the process of being widened to 4 lanes through North Cove. In addition to the air emissions from vehicular use of this highway, there are numerous building stone, lumber, and nursery businesses in the area that utilize heavy-duty trucks and equipment. A study commissioned by the Clean Air Task Force, National Environmental Trust, and the U. S. Public Interest Research Group found that in polluted areas, fine particle pollution - soot, often from diesel engines, accounts for 1800 deaths per year in North Carolina. New EPA standards taking effect in 2007 require new heavy-duty engines to be 90 percent less polluting than currently is the case. However, as these engines usually are in service for many years, it may be 10 years before we see a significant reduction of pollution from these sources. Whereas there are concerns about air inversions in the area during warm weather, there also is concern about cool weather air movement. The mountain slopes surrounding Woodlawn, Turkey Cove, and North Cove often are said to be in a thermal belt due to the movement of air in cool weather. Cooler afternoon and evening air settles to the floor of the valley and displaces the lighter, warmer air. The warmer air then is pushed up the slopes of the surrounding mountains. If this air contains ground -level ozone and other pollutants, they simply inundate the areas on the slopes, where many people live. Any air quality modeling performed by the DAQ to evaluate the impact of the proposed asphalt plant must include not only the topography and weather conditions of the area, but also must include current emissions from the Coats, Baxter, and Trigen plants, as well as from the major highway and stone, lumber, and nursery businesses in the area. To omit any of these factors would fail to produce a realistic model. A team of scientists headed by Orrin Pilkey reported that `V enough polluters are discharging toxic materials in `harmless' amounts, the cumulative result is inevitably harmful amounts." 3. The proposed asphalt plant site is across the road from the site for a new elementary school to be built soon. The County was unable to find anyone willing to sell enough suitable land for a school on this small valley floor. The County resorted to condemnation procedures to acquire the land, and it is questionable whether the County could now seek to condemn other property for the school that would be farther away from the proposed asphalt plant site. Young children are more susceptible to the effects of toxins and pollution than are adults, and more likely to sustain permanent disability. Ground -level ozone, nitrogen oxides, sulfur dioxides, and haze particles have been associated with changes in human immune function, chronic respiratory problems, pneumonia, changes in heart function, eye irritation and others. The state of Connecticut has enacted the Buffer Zone Act specifically for asphalt plants. It prohibits any asphalt plant from being located within 1/3 mile of any hospital, nursing home, school, any area of critical environmental concern, watercourse or area occupied by housing. The U. S. Environmental Protection Agency is continuing to study asphalt plants to determine if further restrictions are needed. When emissions from the proposed site do make it over the surrounding mountains and out of the immediate area, they will affect the air quality over thousands of acres of Pisgah National Forest, Linville Gorge Wilderness with its numerous flora and fauna known to exist only there, Lake James, Mt. Mitchell, and other natural treasures of the area. The Woodlawn, North Cove, and surrounding areas form much of the headwaters of the Catawba River Basin, which supplies much of the Carolinas with its water. Particulate air pollution in the area settles into these waters. In addition to humans and other animal species, pollution affects plant life, as evidenced by the effects of acid rain on Mt. Mitchell and other high mountains. On ridges throughout the Appalachian mountains, especially on westward facing slopes, every major species of tree is in decline. This is most likely the result of ground -level ozone and acid rain. The U. S. Forest Service reported that the growth rate of West Virginia forests has changed from 2.54%/yr. from 1977 - 1989 to 0.33%/yr. in the years, 1989 - 1995_ All 12 species of northern hardwoods in the Southern Appalachians are showing signs of decline. The stress of air pollution on trees allows pests to proliferate and kill trees in fewer growing seasons as compared to trees not subjected to air pollution. Infestations of the Southern Pine Beetle currently are killing the pine trees on Linville Mountain in the area near the Coats plant at Woodlawn and northward through North Cove. NCDENR's position is that asphalt plants permitted under its air quality regulations are safe and cannot be excluded from a community unless prohibited by zoning regulations. However, under NCDENR's regulations and enforcement, we have severe mountain haze and acid rain (much of which comes from other states), and air unhealthy to breathe at times in parts of North Carolina. The American Lung Association says that the air in parts of the North Carolina mountains, and two of its major metropolitan areas, puts people at risk. For the second consecutive year, air pollution is North Carolina's top environmental problem. Park rangers in the Great Smoky Mountain National Park have been warning visitors with breathing problems to stay away from the higher elevations due to the unhealthy ozone levels there. In the year, 2000, NCDENR reported to the EPA that areas of North Carolina not meeting air quality standards include higher elevations in McDowell County. An asphalt plant at the proposed site would send air emissions to these areas of already degraded air quality, and likely create more areas of degraded air quality. In January of 2001, the Federal Government announced that it would more closely monitor air quality in McDowell's neighboring county of Burke, due to degraded air quality there. Eastward breezes would carry the plant's emissions the short distance to Burke County. # i 4 Flowing along the valley floor of North Cove and Woodlawn is the North Fork of the Catawba River, which is a primary feeder stream of the Upper Catawba Basin. Although it receives treated wastewater from the Baxter and Coats plants, and from the Blue Ridge Country Club, it is one of the cleanest streams in the state. Countless spring -fed streams on the slopes surrounding Woodlawn, Turkey Cove, and North Cove bring clean water to the North Fork. The U. S. Geological Survey 7.5 series topographical map and the FEMA. flood insurance rate maps shows the proposed asphalt plant site to be about 1.4 miles distant from the North Fork, and as much as 57 feet above it in elevation. These land features, and the presence of two small streams near the proposed asphalt plant site that empty into the North Fork, ensure that run-off from the asphalt plant site will enter the North Fork. Thus any chemicals on the ground or equipment, as well as any asphalt or piles of recycled asphalt, will contribute pollution to the North Fork. It is common practice to coat the beds of asphalt trucks with a release agent to assist in the removal of all asphalt when the load is delivered to the paving site. Release agent is sprayed or applied to the truck bed at the asphalt plant prior to loading. The most commonly used release agent is Polyslip, which is applied until it drips on the ground. Polysiip contains synthetic detergents such as sodium metasilicate and sodium tripolyphosphate. The other components are butoxyethanol and dodecyl benzene sulfonate. These are poisons. The toxic dose for mice and rabbits is 1 gram per kilogram of body weight. This translates to about 1 ounce for an adult human. Acute toxic doses to humans is an unlikely occurrence, however what is of concern are the effects at lower concentrations and for chronic exposure. Butoxyethanol causes birth defects and is of particular concern where it has the potential to contaminate drinking water supplies. The limestone underlying the site will allow seepage of any chemicals into the water table, which will supply the nearby school and others. Can we risk introducing such chemicals to the water table and Catawba Basin? The current FEMA flood plain map covering the proposed asphalt plant site shows the 100 and 500 year flood plains, and shows the proposed asphalt plant site to be outside those flood plains. However, this reap was developed prior to much development and the current widening of US 221 N, and does not accurately reflect the impact of run-off from impervious areas. Although it occurred less than 100 years ago, the map also does not show the far greater flooding of the area in the 1916 Flood. On July 8, 1916, the remnants of a hurricane from the Gulf of Mexico brought 3 days of heavy rain to the area. A second tropical storm from the Atlantic made landfall at Charleston on July 13th and moved quickly to the area. For more than 48 hours, the second storm dropped record amounts of rain on an area with the ground saturated and streams flooded from the first storm. Record rainfall was recorded at the nearby community of Altapass on July 15th and 16th at 22.22 inches in 24 hours. Rainfall at Altapass for the month was 35.40 inches, and Manon's rainfall for the month was 24.42 inches. These events occurred, irrespective of the fact that flood plain maps may not indicate it. Horton Cooper's book, The History of Avery County, quotes geologists who studied the area following the 1916 Flood as stating that they believed that it had been at least 500 years since a prior flood of that magnitude, but that another flood of the magnitude of the 1916 Flood "could occur at any time." A recent U. S. Environmental Protection Agency (EPA) report on the North Carolina Division of Water Quality (DWQ) criticizes North Carolina's failure to enforce water quality regulations. The report said that the EPA should expand its oversight of North Carolina's water quality regulatory efforts, and that North Carolina should change the way that it regulates wastewater and animal farms. This clearly indicates that the Federal government believes it should intervene in North Carolina's regulatory matters if it considers North Carolina's performance in these matters not to be adequate. While NCDENR has much latitude in its development of regulations and in its enforcement, it does have limitations relative to legislative authorization and judicial interpretation. However, to fail to give environmental protection where it is needed not only fails the health interests of the state's citizens, but also invites the Federal government to come in and implement regulations that may not be appropriate for specific areas. & 5 NCDENR currently is seeking the establishment of buffers along streams in the Catawba River Basin for the purpose of protecting water quality. For NCDENR to allow an asphalt plant to operate at the Woodlawn site, while restricting the activities of other landowners not posing pollution potential, would demonstrate a fundamental lack of appropriate action for environmental protection and the interests of the people of North Carolina. The fact that Woodlawn, Turkey Cove, and North Cove are narrow valleys hemmed -in by mountains, and have the headwaters of much of the Catawba Basin on their floors, should exclude the building there of any more large industries, or industries with significant emissions or pollution potential. Any manufacturing facility that utilizes chemicals or bulk materials will have mishaps. Regardless of back-up systems and safety procedures, there will be failures of equipment, design, and communication; as well as human error and any manner of unexpected events that cause unexpected leaks, spills, and discharges. The environment in this area is too fragile, and the down -river consequences of its environmental health are too great, to risk poisoning the area. The environmental health of Western North Carolina not only affects the health of its citizens and visitors, but also the economic health of the region and state. Western North Carolina attracts a large portion of North Carolina's tourism income. The clean, naturally fragrant air of the woods on Linville Mountain, and throughout Pisgah National Forest and most of Western North Carolina's mountain forests, is a treasured natural resource that brings many people to the mountains, as man cannot duplicate it. An asphalt plant located at the proposed Woodlawn site, and its `blue smoke" emissions, would be visible, and sometimes smelled, from several overlooks and sections of the Blue Ridge Parkway. The same situation would exist for a portion of the Mountains -to -Sea Trail, the Overmountain Victory Trail, and the portion of Pisgah National Forest that contains the Linville Gorge Wilderness Area. It is questionable planning to place heavy industry in an area that draws visitors with various facilities and attractions, and by its proximity to other attractions beyond the area. The roads around asphalt plants stay littered with asphalt droppings from trucks. The result is chipped windshields and paint as the debris is thrown up by traffic. Tourists will tend to avoid such areas and advise others to do likewise. We all benefit from having paved roads, but this is not to say that manufacture of asphalt should occur anywhere. McDowell County's industrial park along I-40 would appear to be a more appropriate area for an asphalt plant, as it is not closely surrounded by high mountains. However, the generally mountainous terrain of all of McDowell County, and its location just below the Blue Ridge Escarpment, may make the entire county unsuitable for industry with significant air emissions or potential for pollution. Thank you for reading my letter. I, and many others, appreciate any consideration you can give to the points I have raised. I ask you to visit the proposed site at Woodlawn and then drive through North Cove and Turkey Cove. If you will do this, I believe you will be convinced that this site is not appropriate for a facility such as an asphalt plant. Sincerely, Clay McCall Clay McCall t fl A I S 'f M A S usnlo 6324 Fair Valley Dr. `� E ��c `y 9. Charlotte, NC 28226-6891 nM l � � J AN c�, I A�nmran Arrtnl - [('77 (� Sss Director Kerr Stevens NCDENR Division of Water Quality 1601 Mail Service Center Raleigh, NC 27699-1601 - .... ��1���i' �. �•�'+.I11�l��flEfl�Ilflllll�l�IIIlil�l�lf l�llfllEi���i �1i11�llf llfl� FACILITY COUNTY CLASS MAILING ADDRESS RESPONSIBLE OFFICIAL TELEPHONE NO. WHERE LOCATED NPDES PERMIT NUMBER NC STATE FEDERAL DATE ISSUED M :4!b0"is4*to) "0by-IV w31 STREAM: NAME CLASS 7Q10 SUB —BASIN FACILITY OPERATOR REPRESENTATIVE CERT. NUMBER CLASS OTHER PERMIT NO. DATE ISSUED