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HomeMy WebLinkAboutNCG160199_NOD_20191217ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality December 17, 2019 CERTIFIED MAIL: 7019 0700 0000 8867 4322 RETURN RECEIPT REQUESTED Hmc Paving & Construction Co Inc. Attn: Mark Fortner 120 Sturken Drive Bryson City, North Carolina 28713 Subject: NOTICE OF DEFICIENCY (NOD-2019-PC-0256) NPDES Stormwater General Permit NCG160000 Certificate of Coverage NCG160199 Hmc Paving & Construction Co Inc. Swain County Dear Mr. Fortner: On December 12, 2019, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a compliance inspection for the HMC Paving Facility located at 450 Industrial Park Road, Swain County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. The inspection and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG160000 under Certificate of Coverage NCG160199. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as Cochran Branch, a Class C waterbody in the Little Tennessee River Basin. As a result of the inspection, the following deficiencies are noted: 1) Stormwater Pollution Prevention Plan (SWPPP) A Stormwater Pollution Prevention Plan (SWPPP) has not been developed, recorded, or properly implemented. EQJ� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources D_ Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 �� 828.296.4500 o.n���nux�.owai. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 3) Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Requested Response You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the above stated deficiencies have occurred, as well as a Plan of Action to prevent them from recurring. Action Items Immediately begin efforts to comply with General Permit NCG160000, including but not limited to: 1. Develop, implement, and maintain an acceptable SWPPP. 2. Begin monitoring at all outfalls. Thank you for your attention to this matter. This office requires that the deficiencies, as noted above and detailed in the enclosed inspection report, be properly resolved. Failure to address the deficiencies could result in the issuance of a Notice of Violation, which could be subject to a civil penalty assessment of up to $25, 000 per day for each violation. Should you have any questions or concerns, please contact Isaiah Reed or myself at (828) 296-4614. Sincerely, Stanley �GAE. Aike Regional Engineer Land Quality Section Enclosure: Inspection Report ec: Alaina Morman, Environmental Specialist Alaina.mormannncdenr.gov Stan Aiken, Regional Engineer Stan.Aikenna ncdenr.gov Compliance Inspection Report Permit: NCG160199 Effective: 08/01/19 Expiration: 05/31/24 Owner: Hmc Paving & Construction Co Inc SOC: Effective: Expiration: Facility: HMC Paving County: Swain 450 Industrial Park Blvd Region: Asheville Bryson City NC 28713 Contact Person: Sandi Fortner Title: Phone Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 12/12/2019 Primary Inspector: Isaiah L Reed Secondary Inspector(s): Certification: Phone: Entry Time: 02:40PM Exit Time: 03:40PM Phone: 828-296-4614 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge CDC Facility Status: ❑ Compliant 0 Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 3 Permit: NCGI60199 Owner- Facility: Hmc Paving & Construction Co Inc Inspection Date: 12/12/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: On December 12, 2019 this facility was inspected for compliance. I met with Craig Fortner on site and spoke with Mark Fortner over the phone during the visit. During the inspection, the following deficiencies were noted: 1) A Stormwater Pollution Prevention Plan has not been maintained on site. The permittee is directed to immediately begin efforts to comply with all SWPPP requirements as outlined in the NCG160000 general Permit. 2) Qualitative monitoring has not been conducted on site. The permittee is directed to immediately begin Qualitative monitoring and documentation as outlined in the NCG160000 General Permit. 3) Analytical monitoring has not been conducted on site. The permittee is directed to immediately begin Analytical monitoring and documentation as outlined in the NCG160000 General Permit. Please give the above deficiencies your immediate attention. If you have any questions, please contact this office at (828) 296-4614 Page 2 of 3 Permit: NCG160199 Owner -Facility: Hmc Paving & Construction Co Inc Inspection Data: 12/12/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ 0 ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ 0 ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ 0 ❑ ❑ # Does the Plan include a BMP summary? ❑ 0 ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ 0 ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ E ❑ ❑ # Does the facility provide and document Employee Training? ❑ 0 ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ❑ 0 ❑ ❑ # Is the Plan reviewed and updated annually? ❑ N ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ E ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ 0 ❑ ❑ Comment: A Stormwater Pollution Prevention plan has not been maintained on site. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: Qualitative Monitoring has not been documented on site. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ 0 ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ E ❑ Comment: Analytical Monitoring has not been documented on site. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ 0 ❑ ❑ # Were all outfalls observed during the inspection? ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ ❑ Comment: See summary for more information Page 3 of 3