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HomeMy WebLinkAboutNCG020031_COMPLETE FILE - HISTORICAL_20150904STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGorU�UO3I DOC TYPE CAHISTORICAL FILE DOC DATE o (�015090y YYYYMMDD RC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Theodore Bratton, CEO Wake Stone Corporation P.O. Box 190 Knightdale, NC 27545 Dear Permittee: Donald R. van der Vaart Secretary September 4, 2015 Subject: Multimedia Compliance Inspection Wake Stone Corporation —Nash County Quarry Nash County Department of Environment and Natural Resources staff conducted a multimedia compliance inspection of Wake Stone Corporation — Nash County Quarry on July 30, 2015 for permitted and/or other activities administered by the following Divisions: Division of Air Division of Energy, Division of Water Division of Waste Quality(DAQ) Mineral, and Land Resources (DWR) Management (DWM) Resources EMLR We hope that you have enjoyed therbenefit of our initiative to provide a single inspector capable of handling multiple areas of environmental compliance at your facility. The results of each applicable inspection area and any associated response actions or necessary corrective measures are detailed in the Division specific areas of the attached report (Air QualityInspection was not included in this multimedia' inspection, because DAQ staff inspected the facility in June 2015). If there are no notes or comments under each Division header, you may assume compliance with that particular Division's rules and regulations at the time of inspection. Should violations be noted in the attached report, you may receive separate enforcement related correspondence in addition to this report. If you have any questions regarding this multimedia inspection, please contact me at Cheng Zhang (cheng.zhang@ncdenr.gov). Thank you for your cooperation. cc: DAQ RRO Files DEMLR RRO Files DWR RRO Files NCDENR Raleigh Regional Office 1628 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 3800 Barrett Drive, Raleigh North Carolina 27609 Phone: 919-791-4200 l Fax: (919) 788-7159 An Equal Opportunity 1 Affirmative Action Employer — Made in part with recycled paper NCDENR North Carolina Department of Environment and Pat McCrory Governor September 8, 2015 Mr. Theodore Bratton, CEO Wake Stone Corporation P.O. Box 190 Knightdale, NC 27545 Natural Resources Donald R. van der Vaart Secretary Subject: NPDES Stormwater Compliance Evaluation Inspection Certificate of Coverage No. NCG020031 Wake Stone Corporation — Nash County Quarry Nash County Dear Mr. Bratton: Staff from the Department of Environmental and Natural- Resources conducted a stormwater inspection on July 30, 2015, as part of a multimedia inspection of your facility. The assistance provided by Mr. David Lee, Mr. Cole Atkins, and Mr. Wayne Hill during the inspection was greatly appreciated. The inspection report is attached. Findings during the inspection were as follows: 1. Certificate of Coverage (COC) No. NCG020031 under NPDES General Permit NCG020000 was issued to Wake Stone Corporation —Nash County Quarry to discharge stormwater runoff and process wastewater to an unnamed tributary to Swift Creek, a Class C, NSW stream, in the Tar -Pamlico River Basin. 2. The facility has developed a stormwater pollution prevention plan (SPPP). A review of the plan indicated that the following components required by the General Permit were not included in the plan: a) The plan lacks a BMP summary; b) Employee training was not conducted or documented (except in 2009); c) Annual review and update the plan were not documented 3. Semi-annual qualitative monitoring has been conducted as required by the permit at the all five stormwater discharge outfalls (SDOs). Stormwater Best Management Practices (BMPs) has been inspected weekly. 4. Stormwater retention ponds with forebays and discharge pipes were constructed at all SDOs in 2014. Analytic monitoring samples were taken at SDOs 2 and 3 in early July 2015 (no discharge at other SDOs). It should be noted that turbidity at SDO 2 exceeded the benchmark value; the facility shall identify and evaluate possible causes of the benchmark exceedance, identify and implement selected actions to bring the parameter NCDENR Raleigh Regional Office 1628 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 3800 Barrett Drive, Ralegh North Carolina 27W Phone: 919-791.42001 Fax: (919) 788-7159 An Equal opportunity 1 Affirmative Action Employer - Made in part with recycled paper Page 2 of 2 within the benchmark range. Pit dewatering monitoring had been conducted quarterly as required by the permit and no limit exceedances were noted. 5. All five SDOs and the pit dewatering discharge outfall were observed during the inspection and found maintained and. accessible. Please respond to RRO in writing within 60 days of receipt of this letter regarding Items 2 and 4. If you have any questions regarding the attached report or any of the findings, please contact Cheng Zhang at 919-791-4200 (or email. cheng zhangaa,ncdenngov). Sincerely, Cheng Zhang Environmental Senior Specialist Raleigh Regional Office Enclosure: Compliance Evaluation Inspection Form cc: Central Files RRO SWP files Permit: NCG020031 SOC: County: Nash Region: Raleigh Compliance Inspection Report Effective: 01/01/10 Expiration: 12131114 Owner: Wake Stone Corp Effective: Expiration: Facility: Wake Stone Corp - Nash Co Quarry 7379 N Halifax Rd Contact Person: Theodore D Bratton Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 06/30/2015 Primary Inspector: Cheng Zhang Secondary Inspector(s): Battleboro NC 27809 Title: Phone: 919-266-1100 Certification: Phone: Entry Time: 09:30AM Exit Time: 12:30PM Phone: 919-791-4200 S/ P/-:)v!,3-- Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 permit: NCG020031 Owner - Facility: Wake Stone Corp Inspection Date: 06/3012015 Inspection Type: Compliance Evaluation Reason for Visit: Routine Storm Water 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.? ❑ ❑ ® ❑ # Has the facility evaluated feasible alternatives to current practices? ®� ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ ❑ ❑ # 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? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ❑ ®❑ ❑ # Does the Plan include a list of Responsible Party(s)? ®❑ ❑ ❑ # Is the P4an reviewed and updated annually? ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ® ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ❑ Comment: The Dian lacks BMP summary. Only 2009 Employee training was documented. No documentation of annual review/update. Qualitative Monitorinct Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: 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: Samples were taken at Si70 2 and 3 on July 6. 2015.-Turbidity at SDO was 78 NTU, which is over the bench mark_(50 NTU). Permit and Outfalls No o NA Ns # 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 property documented by the Division? ❑ ❑ ® ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ® ❑ ❑ ❑ Comment: Page: 3 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: _ Nash County Quarry 2. MINE LOCATION: 7379 North Halifax Road, Battleboro 3. COUNTY: Nash 4. RIVER BASIN: Tar -Pamlico 5. CASE: 6. OPERATOR: Wake Stone Corporation 7. ADDRESS: P.O.Box 190 Kni htdale NC 27545 8. MINING PERMIT 4: 64-11 9. PERMIT EXPIRATION DATE: 03/04/2020 10. PERSON(S) CONTACTED AT SITE: David Lee, Cole Atkins, Wayne Hill 11. PICTURES? []Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: B. Follow-up Inspection 1. Date of last inspection: 02/18/2010 13. Any mining since that date? Yes No If yes, cite evidence of such mining activity: Mine operating during inspection 14. Was mine operating at time of inspection? ® Yes ❑ No If yes, explain: Mine operating during inspection 15. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No ❑ NIA If no, explain: 16. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: 17. Is there any off -site damage? A. ❑ Yes B. ® No G. ❑ None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? ❑ Yes ❑ No Explain: 18. Corrective measures needed and/or taken: 19. Other recommendations and comments: Erosion was observed near the entrance to the forehay of stormwater hasin 5. The eroded area needs to he .stabilized 20. Is the Annual Reclamation Report +/- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed ❑ _ 21. Follow-up inspection needed? ❑ Yes ® No Proposed date 22. No. of additional pages of Inspection Report 0 23. Copy of Report sent to operator INSPECTED BY: _ Cheng Zhang Date 07/30/2015 Telephone No: (919)791-4200_ Copy to file Copy to operator Copy to Mining Specialist Wake Stone Corp. NOV Response Subject: Wake Stone Corp. NOV Response From: Dave Parnell <david.parnell@ncmail.net> Date: Thu, 19 Mar 2009 12:05 A3 -0500 To: davidlee@wakestonecorp.com CC: Danny Smith <danny.smith@ncmail.net>, jennifer.jones@ncmail.net David, Thank you for your response to the Notice of Violation (NOV-2009-PC-0155, February 27, 2009). The narrative, which you included, was adequate and fulfilled the requirements of the NOV. We, at DWQ, understand your frustration with the requirement of sampling each discharge outfall within the first 30 minutes of discharge, during a representative storm event. It is possible to obtain Representative Outfall Status (ROS) for outfalls with similar stormwater characteristics. The ROS, if granted, would reduce the number of outfalls to be sampled and would reduce the time it would take for you to get around to each sampling site. Keep in mind the required sampling for the vehicle maintenance area outfalls have different sampling criteria and would have to be sampled as specified in the permit. Please send the required forms requesting ROS from DWQ to the address listed below: Division of Water Quality Regional Office Water Protection Raleigh Surface 1628 Mail Service Center Raleigh, NC 27699-1628 The forms can be located at the following web address: http://h2o.enr.state.nc.us/su/documents/RCS Application SWU-ROS-090508. df we, look forward to working with you during the permit renewal process. There will be an opportunity for you and/or the NC Aggregates Association to offer comments during this process. If you have questions or comments, please do not hesitate to call me. Dave Parnell Environmental Specialist Division of water Quality Surface Water Protection Section 919 791-4200 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties Cc: Danny Smith, DWQ RRO Supervisor Jennifer Jones, DWQ Stormwater Permitting Unit 1 of 1 3/19/2009 2:33 PM 'I. MAR - 2 2009 Wake Stone Corporates Quarry Phone Numbers: 919/266-9266—Knightdale 919/677-0050—Triangle 919/775-7349—Moncure 252/985-4411—Nash County 843/756-3400—N. Myrtle Beach Locations: U.S. 64 East, Raleigh, N.C. 1-40 at Harrison Ave., Cary, N.C. U.S. 1 at Deep River, Moncure, N.C. SR 1527 at 1-95, Gold Rock, N.C. 3990 Hwy. 9 Bus. East, Loris, S.C. February 27, 2009 : nn'y Si„g ith. innal Supervisr,r Surface Water Protection Section NC DWQ Raleigh Regional Office 1628 Mail Service Center Raleigh, North Carolina 27699-1628 Subject: Notice of Violation Case No. NOV-2009-11C-0155 Wane Stone Corporation Nash County Quarry w1r. Smith: Business Office Address: P.O. Box 190 Knightdale, N.C. 27545 919/266-1100 Fax 919/266-1149 www.wakesionecorp.com On February 25, 2009 we received your Notice of Violation and Compliance F_'valuation Inspection report letter dated February 23, 2009. We are disappointed in the Division of' Water Quality's decision to issue a notice of violation of permit conditions when this was the first inspection the Nash County Quarry operation has received under Stormwater General 13crillit NCG020031. We believe the DWQ has unfLllfilled responsibilities in not having provided guidance to pernlittees through periodic inspections. As 'v,,c o:; plaincd to, \A=. i ,-n-neli dLuing his last ecti^I'. Vis.i. waive stork Corporation takes each of its permits very seriously and strives to comply with each to the best of our abilities. As further discussed during the inspection visit, some of the conditions of this permit are impossible for us to comply with. We have expressed that same position in the past with DWQ central office staff when the permit was originally developed and Lipon subsequent revisions/renewals. In particular, the requirement to collect samples at each stornlwater discharge outfall within the first 30 minutes of discharge during a representative storm event has proven to be a permit condition that is 1111possible to meet on a site that rniollt be as lar-c as 400-500 acres and have ten or more outfalls. The Division ohviously doesn't understand the tinge and manpower requirements necessary to comply with that condition. We believe this permit condition should be reviscd to require some acceptable level of'representative sampling that is Mr. Danny Smith February 27, 2009 Page 2 attainable in the field. To that end, we would like to suggest a joint industry and DWQ pilot study designed to meet these analytical monitoring requirements be conducted at one of` our operations. Such a study would expose DWQ staff to the difficulties we experience in meeting such permit conditions. Perhaps jointly we can devise meaningful methodologies by which the required sampling can be accomplished. liven more difficult to understand is your determination that we are in violation of the permit condition requiring inspection of each stormwater BMP at least every 7 days and within 24 hours of every rain event that results in a discharge. As we explained to Mr. Parnell and documented with oil,- on -site inspection records; our :quarry staff inspects each BMP following every rain event, and they do so using the parameters given for the required biannual "qualitative monitoring". Yes, there may be instances when documented inspections are not conducted every 7 days, but we fail to understand wily common sense can't be applied if a documented inspection is not conducted every 7 days when there has been no rainfall during that period. As we explained to Mr. Parnell, our quarry staff members circulate throughout the operation every day and are constantly inspecting sediment and erosion control structures and stormwater BMPs. We believe we comply with the intent of the inspection regulation, that is, to be aware of conditions on site and react as necessary and to make repairs as needed to any outfalls such that we protect the quality of surface waters. This is one of many such permit conditions that lead to operators being found in violation or out of compliance, but in reality does nothing to protect water quality. Hopefully we, or the North Carolina Aggregates Association, will have an opportunity to participate in discussions with the central office staff this year as the permit comes up for renewal. As for your request for it planned schedule to achieve compliance with all permit requirements noted in your letter, we offer the following: • We will continue to inspect all stormwater BMPs following every rain event and will make every effort to insure those inspections occur at iCast once eve:;% 7 day:: and after every rainfall resulting in discharge. This policy has been enacted as of today. • We have been conducting the required qualitative monitoring and will continue to do so. We will make sure we record those monitoring events on the appropriate Stormwater Discharge Outfall Qualitative Monitoring Report forms during the permit stipulated periods (April - June and September - November), and incorporate the report forins into the site's SWPPP notebook. "Phis policy is in effect as of today. • We will atteIllpt to conduct sampling and analytical monitoring of the first available representative storm event and thereafter as required by the permit. Mr. Danny Smith February 27, 2009 Page 3 Although we cannot predict the weather, we believe we should be able to accomplish all of these tasks within the next 60 days. We will report our progress to Mr. Parnell periodically if you think that is appropriate. Please let us know that you are satisfied with our proposed action plan to comply with the identified deficiencies. We also would appreciate notification of any opportunities to participate in discussions with DWQ concerning renewal of Stormwater General Permit NCG020000. Sincerely, ake Stale Corp a 'on D� vid F. L Ge ogist/Environmcntal Supervisor CC: Coleen 1-1. Sullins John R. Bratton �97 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 23, 2009 CERTIFIED MAIL 7007 2680 0001 8696 7438 RETURN RECEIPT REQUESTED Mr. David F. Lee Wake Stone Corporation P. O. Box 190 Knightdale, NC 27545 Subject: Notice of Violation Case No. NOV-2009-PC-0155 Compliance Evaluation Inspection Stormwater Permit NCG020031 Wake Stone Corporation Nash County Dear Mr. Lee: Dee Freeman Secretary On February 20, 2009, Dave Parnell of the Raleigh Regional Office of the Division of Water Quality, performed a compliance evaluation inspection (CEI) at your rock quarry. David F. Lee, Compliance Officer, and Chris Pons, were available for the inspection and their assistance was appreciated. This inspection was conducted to determine Wake Stone Corporation's compliance with its NPDES stormwater permit. The following observations noted below, resulting in this letter being a Notice of Violation. Observations during the inspection are as follows: 1. There were no qualitative monitoring reports available at the time of the inspection. A program for qualitative monitoring, reflecting that all outfalls were inspected (specified #149, as well as the two vehicle maintenance outfalls) was discussed during the CEI. A qualitative monitoring report form is attached. Failure to meet this requirement constitutes a permit condition violation. 2. All stormwater BMPs must be inspected at least every 7 days, and after every rainfall resulting in a discharge. Record -keeping for these inspections are being done after each rainfall event and must be increased to weekly inspections, whether it has rained or not. It should be noted that the qualitative monitoring of the outfalls (see #1 above) arid the BMP inspections addressed here (#2), are two separate monitoring reports, both required by the NCG020000 general permit. Failure to meet this requirement constitutes a permit condition violation. NorthCarolina Naturally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791.4200 Customer Service Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Wake Stone Corporation CEI Page 2 3. Analytical monitoring has not been done. Analytical monitoring for all nine outfails and the two vehicle maintenance outfalls is a requirement of the NCG02000 pennit. A program for setting up analytical monitoring was discussed with Mr. Lee and Mr. Pons during the CEI. Failure to meet this requirement constitutes a permit condition violation. If you need assistance understanding any of the aspects of your permit, please feel free to contact Mr. Parnell. Please be aware that all violations may result in the assessment of civil penalties in an amount of up to $25,000 per day per violation. Please reply within 30 days of your receipt of this letter with a narrative and your planned schedule to achieve compliance with all permit requirements note above in bold print. If you have any questions or comments, please contact Dave Parnell at 919 791-4200. Sincer y, Danny Smit Regional pervisor Surface Water Protection Section Enclosures: February 20, 2009 CEI Qualitative monitoring report Cc: RRO/SWP files Water Quality Central Files Compliance Inspection Report Permit: NCG020031 Effective: 01/19/05 Expiration: 12/31/09 Owner: Wake Stone Corp SOC: Effective: Expiration: Facility: Wake Stone Corp - Nash Co Quarry County: Nash 7379 N Halifax Rd Region: Raleigh Battleboro NC 27809 Contact Person: David F Lee Title. Phone: 919-266-1100 Ext.134 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 02/20/2009 Entry Time: 09:45 AM Exit Time: 12:40 PM Primary Inspector: David R Parnell Phone: 919-791-4260 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ❑ Compliant 0 Not Compliant Question Areas: E Storm Water (See attachment summary) Page: 1 Permit: NCG020031 Owner - Facility: Wake stone Corp Inspection Date: 02/20/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑ Comment: Inspection of BMPs have been conducted after each rainfall resulting in a discharge. Weekly inspections are also required whether there was a rainfall event or not . Record -keeping must reflect the condition of each BMP and be kept on site. A separate Qualitative monitoring report (see permit for frequency of monitoring) is also required. There must be a separate report for each of the nine outfalls and two outfalls for the vehicle maintenance areas. Analytical Monitoring Yes No NA NE ti Has the facility conducted its Analytical monitoring? ❑ ■ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ■ ❑ ❑ Comment: No analytical monitoring has been conducted as required by the permit. A monitoring program was discussed at the time of the inspection with David Lee and Chris Pons 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? ❑ ❑ ■ ❑ Comment: No spills or discharges reported. Page: 2 Stormwater Discharge Outfali (SDO) Qualitative Monitoring Report Permit No.: NICI_l �l_I_I_I_I_I or Certificate of Coverage No.: NICIGI_I_I_I_I_I_I Facility Name: County: Phone No. Inspector: Date of Inspection: By this signature, I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) 1. Outfall Description Outfall No. Structure (pipe, ditch, etc.) Receiving Stream: Describe the industrial activities that occur within the outfall drainage area: 2. Color Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: 3. Odor Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.) 4. Clarity Choose the number which best describes the clarity of the discharge where l is clear and 10 is very cloudy: 1 2 3 4 5 6 7 8 9 10 Page l S WU-242.020705 5. Floating Solids Choose the number which best describes the amount of floating solids in the stormwater discharge where 1 is no solids and 10 is the surface covered with floating solids: 1 2 3 4 5 6 7 8 9 10 6. Suspended Solids Choose the number which best describes the amount of suspended solids in the stormwater discharge where I is no solids and 10 is extremely muddy: 1 2 3 4 5 6 7 8 9 10 7. Foam Is there any foam in the stormwater discharge? Yes No 8. Oil Sheen Is there an oil sheen in the stormwater discharge? Yes No 9. Deposition at Outfall Is there deposition of material (sediment, etc.) at or immediately below the outfall? Yes No 10. Erosion at Outfall Is there erosion at or immediately below the outfall? Yes No 11. Other Obvious Indicators of Stormwater Pollution List and describe Note: Low clarity, high solids, and/or the presence of foam, oil sheen, deposition or erosion maybe indicative of conditions that warrant further investigation and corrective action. Page 2 S W U-242-020705 A� j'A ' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 23, 2009 CERTIFIED MAIL 7007 2680 0001 8696 7438 RETURN RECEIPT REQUESTED Mr. David F. Lee Wake Stone Corporation P. O. Box 190 Knightdale, NC 27545 Subject: Notice of Violation Case No. NOV-2009-PC-0155 Compliance Evaluation Inspection Stormwater Permit NCG020031 Wake Stone Corporation Nash County Dear Mr. Lee: On February 20, 2009 , Dave Parnell of the Raleigh Regional Office of the Division of Water Quality, performed a compliance evaluation inspection (CEI) at your rock quarry. David F. Lee, Compliance Officer, and Chris Pons, were available for the inspection and their assistance was appreciated. This inspection was conducted to determine Wake Stone Corporation's compliance with its NPDES stormwater permit. The following observations noted below, resulting in this letter being a Notice of Violation. Observations during the inspection are as follows: 1. There were no qualitative monitoring reports available at the time of the inspection. A program for qualitative monitoring, reflecting that all outfalls were inspected (specified #149, as well as the two vehicle maintenance outfalls) was discussed during the CEI. A qualitative monitoring report form is attached. failure to meet this requirement constitutes a permit condition violation. 2. All storrnwater BMPs must be inspected at least every 7 days, and after every rainfall resulting in a discharge. Record -keeping for these inspections are being done after each rainfall event and must be increased to weekly inspections, whether it has rained or not. It should be noted. that the qualitative monitoring of the outfalls (see #1 above) and the BMP inspections addressed here (#2), are two separate monitoring reports, both required by the NCG020000 general permit. Failure to meet this requirement constitutes a pern3it condition violation. NorthCarolina North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service Internet: www.nr-waterquality.org 1628 Mail Service Center Raleigh, NO 27699-1628 FAX (919) 788-7159 877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Wake Stone Corporation CEi Page 2 3. Analytical monitoring has not been done. Analytical monitoring for all nine outfalls and the two vehicle maintenance outfalls is a requirement of the NCG02000 permit. A program for setting up analytical monitoring was discussed with Mr. Lee and Mr. Pons during the CEI. Failure to meet this requirement constitutes a permit condition violation. If you need assistance understanding any of the aspects of your permit, please feel free to contact Mr. Parnell. Please be aware that all violations may result in the assessment of civil penalties in an amount of up to $25,000 per day per violation. Please reply within 30 days of your receipt of this letter with a narrative and your planned schedule to achieve compliance with all permit requirements note above in bold print. If you have any questions or comments, please contact Dave Parnell at 919 791-4200. Sincerely, Danny Smith Regional Supervisor Surface Water Protection Section Enclosures: February 20, 2009 CEI Qualitative monitoring report Cc: RRO/SWP files Water Quality Central Files North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor December 12, 2006 Wake Stone Corporation Attn: Mr. John R. Bratton, CEO F.O. Box 190 Knightdale, NC-27545 Subject Property: Nash County Quarry APPROVAL OF STORM WATER MANAGEMENT PLAN Dear Mr. Bratton: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director DWQ Project # EXP 06-1792 Nash County ! 4EC l 4 2Cr_ i DENR RALEICH REGIONAL OFFICE 1 The Division of Water Quality (DWQ) has reviewed the Storm Water Management Plan•dated November 20, 2006 prepared by your engineer, Mr. Patrick Smith, P.E. of S&EC. This Plan has been approved by DWQ and satisfies the stormwater conditions required by the Individual Water Quality Certification No. 3584 issued on October 6, 2006. You are required to meet the following conditions. 1. The storm water treatment system associated with Pond 5, as approved by this Office, and its associated drainage patterns depicted on the plan sheets, must be maintained in perpetuity. No changes to the structural storm water practices for Pond 5 shall be made without written authorization from the Division of Water Quality. As described in the storm water plan, the applicant shall provide access for maintenance of the approved structures and shall perform corrective actions and general maintenance as needed according to the approved Operation & Maintenance Plan. Ponds 1 through 4 shall be maintained according to the Operation and Maintenance Agreement until quarry operations expand through those locations and render them obsolete, as described in the storm water plan. 2. The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Cyndi Karoly at 919.9721 or Cynthia Van Der Wiele, Ph.D. at 919.715.3473. Sincerely, �! Cyndi Bell Karoly, Program Manager 401 Oversight, Express Review Program 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCarohna Phone: 919-733-1786! FAX 919-733-689311ntemet: htt :!lh2o.encstate.nc.uslncwetiands Naturallff , An Equal OpportunitylAffirmative Action Employer — 50°% Recycled/t0% Post Consumer Paper Nash County Quarry Page 2 of 2 December 12, 2006 CB K/cvciw cc: USACE Raleigh Regulatory Field Office Michael Horan, DWQ Raleigh Regional Office John Holley, DLR Raleigh Regional Office File Copy Central Files Patrick Smith, S&EC, 11010 Raven Ridge Rd., Raleigh, NC 27614 061792NashCoQuarry(Nash)EXP+SWMApproval I . DEC 1 4 2006 , Y 1 �r I OENR RALEIGH REGIONAL OFFICE Michael P. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 7, 2005 David F Lee Wake Stone Corp PO Box 190 Knightdale, NC 27545 Subject: NPDES Stormwater Permit Coverage Renewal Wake Stone Corp - Nash Co Quarry COC Number NCG020031 Nash County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG020000 the Division of Water Quality (DWQ) is forwarding herewith the reissued Stormwater general permit. Please review the new permit to familiarize yourself with the changes in the reissued permit. The general permit authorizes discharges of stormwater and some types of wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983, The following information is included with your permit package: A new Certificate of Coverage A copy of General Stormwater Permit NCG020000 • A copy of a Technical Bulletin for the general permit • Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater • Five copies of Qualitative Monitoring Report Form Your coverage under this general permit is not transferable except after notice to DWQ. The Division 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 DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.578. Sincerely, for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Raleigh Regional Office North Carolina Division of Water Quality 1617 Mail Smice Center Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.uslsulstormwater.html 512 N. Salisbury St. Raleigh, NC 27604 An Equal OpportunitylAffrmative Action Employer— 50% Recycled110% Post Consumer Paper Onc NoghCarolina Alautrally Phone (919) 733-7015 Customer Service FAX (919) 733-9012 1-877-623-6748 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020031 STORMWATER AND PROCESS WASTEWATER 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, Wake Stone Corp is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at Wake Stone Corp - Nash Co Quarry 7379 N Halifax Rd Battleboro Nash County to receiving waters designated as a UT of Swift Creek, a class C SW NSW stream in the Tar -Pamlico 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. NCG020000 as attached. This certificate of coverage shall become effective February 7, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 7, 2005 for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 17, 1999 DAVID F LEE WAKE STONE CORP. - NASH COUNTY QUARRY PO BOX 190 KNIGHTDALE, NC 27545 Dear Permittee: 1 � • NCDENR,-",,--',-\ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsoupces� r Subject: Reissue - NPDES Stormwater Permit Wake Stone Corp. - Nash County Quarry COC Number NCG020031 Nash County In response to your renewal application for continued coverage under general permit NCG020000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued Pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: * A copy of general stormwater permit NCG020000 * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin on this permit which outlines permit components and addresses frequently asked questions * A Certificate of Coverage for your facility * DWQ fee schedule Your coverage under this general permit is not transferable except after notice to DWQ. The Division 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 DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or decree. Please note that in 1998 Senate Bill 1366 established changes to the permit fee structure for DWQ permits effective January 1, 1999. This change requires that you pay an annual fee to assure continued coverage under this permit. You will be invoiced for this fee beginning next year. A copy of the current fee schedule is included with this letter. If you have any questions regarding this permit package please contact Tony Evans of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 584 Sincerely, for Kerr T. Stevens Director, Division of Water Quality cc: Central Files Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020031 STORMWATER AND PROCESS WASTEWATER 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, WAKE STONE CORP. is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering and process wastewater from a facility located at WAKE STONE CORP. - NASH COUNTY QUARRY ROUTE 1 BOX 171 BATTLEBORO NASH COUNTY to receiving waters designated as a UT of Swift Creek in the Tar - Pamlico River Basin in accordance with the effluent limitations. monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective December 17, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 17, 1999. b "I/ev for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission R COVE MAY 0 5 1995 State of North Carolina O EH N R- RA L RO Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Jonathan B. Howes, Jr., Secretary April 30, 1993 David F. Lee Wake Stone Corporation P O Box 190 Knightdale, NC 27545 A. Preston Howard, Jr., P. E. Director Subject- General Permit No. NCG020000 Wake Stone Corporation Nash County Quarry COC NCG020031 Nash County Dear Mr. Lee: In accordance with your application for discharge permit received on September 29, 1992, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. Issuance of this certificate of coverage supersedes the individual NPDES permit No. NC0077160. 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 Environmental Management. The Division of Environmental Management 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 Environmental Management 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 Mr. Steve Ulmer at telephone number 919/733- 5083. cc Sincerely, A. Preston Howard, Jr. Director Raleigh Regional Office Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES 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, Wake Stone Corporation is hereby authorized to construct and operate or continue operation of a treatment system for mine dewatering and/or recycle systems process wastewater overflow with the discharges of treated wastewater and/or construct and discharge stormwater from a facility located at Wake Stone Corporation Nash County Quarry North of SR 1527, 1000 ft. west of Interstate 95 at Gold Rock Exit No. 145 Battleboro Nash County to receiving waters designated as an unnamed tributary to Swift Creek in the Tar -Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,1I,1II and IV of General Permit No. NCG020000 as attached. This Certificate of Coverage shall become effective April 30, 1993. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 30, 1993. Original Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission -aw Iso tll �t .N�o Cem wifll ' 158 1 II F �y II It � I � - �I/ 4: )C�� �4-4•-_ //' w ,/g/� III • 1Vj `` r fl c h ! / 1 -♦ i1II ^ 1 '�'�- -- R .� I � ��� Y� J": °/r '" i I��II •q�` II III �SI.�V i II / �}if,rr n �> B 1 �:'• 1 .,j,- �`A P. _vskl:ne,�-�-,�.-5R'fi `.., ;�':._, li r� _` - .�. le It Itp Ce _- ,i (gyp,: n• p .,. � `' __ _� � . It n cem 1 1� 1 55 -. b • 1 e �� `4x >~- ��'��].{ 'fit,- 5 • __tea l �'•�� ,� • sx-'° � � • "'7 •' S-�� ° P 0 \ � z� �•1l'-ter':. I , Ir 61 It 0A j u I , Fat ` it o O ���`_ F- % \ it \p� '�. r F r-: • a?0 G w 5 1n r it u r p e� II !I N a• Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 22, 2003 Mr. David F. Lee, Geologist/Environmental Supervisor Wake Stone Corporation P.O. Box 109 Knightdale, NC 27545 Dear Mr. Lee: In your correspondence of June 27, you had proposed a relocation of the effluent outfall at the Nash County Quarry. After review of the maps that your provided we find the relocated outfall to be acceptable and we have included it in the Permit file for this facility. (NCG020031). If you have any questions or need further information, please contact me at 733-5083 ext 548. Sincerely yours, William C. Mills, PE, Environmental Engineer Stormwater and General Permits Unit Cc: Raleigh Regional Office Stormwater and General Permits Unit Central Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 NCDENR Customer Service 1 800 623-7748