NCG140395_NOV_20191217

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 17, 2019
CERTIFIED MAIL: 7019 0700 0000 8867 4339
RETURN RECEIPT REQUESTED
Southern Concrete Materials
Attn: Jeff Lamm
Post Office Box 5395
Asheville, North Carolina
Subject: NOTICE OF VIOLATION (NOV-2019-PC-0771)
NPDES Stormwater General Permit NCG140000
Southern Concrete Materials
Certificate of Coverage NCG140395
Swain County
Dear Mr. Lamm:
On December 12, 2019, Isaiah Reed from the Asheville Regional Office of the Division of
Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the Southern
Concrete facility located at 450 Industrial Park Road, Swain County, North Carolina. A copy
of the Compliance Inspection Report is enclosed for your review. The site visit and file
review revealed that the subject facility is covered by NPDES Stormwater General Permit
NCG140000 under Certificate of Coverage NCG140395. 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 site inspection, the following permit conditions violations are noted:
1) Stormwater Pollution Prevention Plan (SPPP)
A Stormwater Pollution Prevention Plan (SPPP) has not been properly Maintained.
2) Secondary Containment Requirements
The proposed secondary containment for Bulk storage of liquid materials on site was
observed overtopping due to regular washout processes, demonstrating that the process
area's applicability as secondary containment is not valid.
WE on Q:> North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
���� 828.296.4500

Other Observations:
Please refer to the enclosed Compliance Inspection Report for additional comments and
observations made during the inspection.
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
aforementioned violations have occurred as well as a Plan of Action to prevent these
violations from recurring.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Energy, Mineral & Land
Resources regarding these issues. Your above -mentioned response to this correspondence
will be considered in this process. This office requires that the violations, as detailed
above, be properly resolved. These violations and any future violations are subject to
a civil penalty assessment of up to $25,000 per day for each violation. Should you have
any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296-
4500.
Sincerely,
:f �'_4��
Stanley E. Aike�EGA
Regional Engineer
Land Quality Section
Enclosure:
Inspection Report
ec: Alaina Morman, Environmental Specialist Alaina.morman(2ncdenr.gov
Stanley E. Aiken- Regional Engineer stan.aikenna ncdenr.gov

Permit: NCG140395
SOC:
County: Swain
Region: Asheville
Contact Person: Jeff Lamm
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Compliance Inspection Report
Effective: 08/01/17 Expiration: 06/30/22 owner: Southern Concrete Materials
Effective: Expiration: Facility: Southern Concrete Materials -Bryson City Plant
450 Industrial Park Rd
Bryson City NC 28713
Title: Phone: [phone]
Inspection Date: 12/12/2019
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Certification: Phone:
Entry Time: 03:OOPM Exit Time: 04:OOPM
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge COC
Facility Status: ❑ Compliant E Not Compliant
Question Areas:
Storm water
(See attachment summary)
Page 1 of 3

Permit: NGG140395 Owner -Facility: Southern Concrete Materials
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 Gabe Kirkpatrick on site.
During the inspection, the following items were noted.
1) Documentation of SWPPP maintenance through 2018 and 2019 was largely unavailable during the inspection. The
permittee is directed to locate all records of compliance efforts from 2017 to current and make them available to the
department as outlined in the NCG140000 General Permit.
2) The process water holding area that was previously described as the secondary containment for bulk liquid materials on
site was observed to be overtopping during the inspection. Overtopping demonstrates that the process area is not functioning
as adequate secondary containment, and that untreated process water was being discharged from the facility. The permittee
is directed to immediately begin efforts to provide secondary containment for all bulk storage tanks on site as outlined in the
NCG140000 General Permit.
Please give the above items your immediate attention. If you have any questions, please contact this office at (828)
296-4614.
Page 2 of 3

Permit: NGG140395 Owner - Facility: Southern Concrete Materials
Inspection Date: 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?
0 ❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
0 ❑ ❑ ❑
# Does the Plan include a "Narrative Description of Practices'?
0 ❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
0 ❑ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
0 ❑ ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
M ❑ ❑ ❑
# Does the facility provide all necessary secondary containment?
❑ M ❑ ❑
# Does the Plan include a BMP summary?
❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
M ❑ ❑ ❑
# Does the facility provide and document Employee Training?
0 ❑ ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
❑ ❑ ❑
# Is the Plan reviewed and updated annually?
❑ ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
❑ 0 ❑ ❑
Comment: Documentation of non-Stormwater discharge certifictaion. Annual review, updated
spills record
not available for 2018. Secondary containement not provided.
Qualitative Monitoring
Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ M ❑ ❑
Comment: None found during documentation review for 2018 or 2019.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ❑
Comment: None found during documentation review for 2018 or 2019.
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑
# Were all outfalls observed during the inspection? ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑
# Has the facility evaluated all illicit (non stormwater) discharges? ❑ 0 ❑ ❑
Comment:
Page 3 of 3