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HomeMy WebLinkAboutNCG140328_COMPLETE FILE - HISTORICAL_20060731STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V DOC TYPE, Chi HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ 9 bb v D 1 3' YYYYMMDD O�O� W A TF9pG Michael F. Easley, Governor � William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources > T Alan W. Klimek, P.E. Director Division of Water Quality July 31, 2006 Mr. Tony L. Sample Compliance Manager Carolina Sunrock, LLC PO Box 25 Butner, NC 27509 SUBJECT: Assessment of Civil Penalties CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 1680 0001 0743 1342 Ready Mixed Concrete General Permit NCG 140000 Carolina Sunrock, LLC North Raleigh Distribution Center (COC NCG140328) Wake County Case No. PC-2006-0008 Dear Mr. Sample: This letter transmits notice of a civil penalty assessed against Carolina Sunrock, LLC in the amount of $7,796.89 which includes $296.89 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three options. These items are detailed below: 1. Submit payment of the penalty, OR 2. Submit a written request for remission, OR 3. Submit a written request for an administrative hearing. Option 1 — Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources (DENR). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Ms. Priscilla Benson NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 N�rhCarolma 'r�atura!/y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internee www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/l 0% Post Consumer Paper Carolina Sunrock, LLC Wake County Case No. PC-2006-0008 Page 2 of 3 Option 2 — Submit a written request for remission including a detailed justification for such request A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached "Waiver of Right to an Administrative Hearing and Stipulation of Facts" and the attached "Justification for Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Karen Higgins NC Division of Water Quality —NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3 — Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 You must also mail or hand deliver a copy of the written petition to: Ms. Mary Penny Thompson NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 And to: Carolina Sunrock, LLC Wake County Case No. PC-2006-0008 Page 3 of 3 AUG 2 - 2006 l Mr. Shelton Sullivan NC Division of Water Quality —NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Failure to exercise one of the above three options within thirty days of your receipt of these documents, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. The violations addressed by this assessment and any impacts to waters must be abated. You are encouraged to contact Ron Boone with the DWQ Raleigh Regional Office at (919) 791-4200 if you need assistance in achieving compliance at the site. Please be advised that additional assessments may be levied for future, continuing, or other violations beyond the scope of this specific assessment. If you have any questions, please contact Priscilla Benson at (919) 733-5083 extension 360 or Danny Smith at (919) 733-5083 extension 353. Sincer l , To Reeder vision of Water Quality ATTACHMENTS cc: Chuck Wakild — DWQ Raleigh Regional Office Supervisor Ron Boone — DWQ Raleigh Regional Office Gil Vinzani- DWQ NPDES Permitting Danny Smith - DWQ NPS Assistance & Compliance Oversight Unit Supervisor Water Quality Central Files Susan Massengale, PIO STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE MATTER OF CAROLINA SUNROCK, LLC FOR VIOLATIONS OF: NCGS 143-215.1 NPDES GENERAL PERMIT NCG140000 CERTIFICATE OF COVERAGE NCG140328 NORTH CAROLINA DEPARTMENTOF ENVIRONMENT AND NATURAL RESOURCES File No. PC-2006-0008 FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources,1, Tom Reeder of the Division of Water Quality (hereby known as DWQ), make the following: L FINDINGS OF FACT: A. Carolina Sunrock, LLC is a company organized and existing under the laws of the State of North Carolina. B. Carolina, Sunrock, LLC owns and operates a concrete production plant located at 5043 Unicon Drive in Wake Forest, North Carolina in Wake County. C. Carolina Sunrock, LLC was issued a Ready Mixed Concrete NPDES General Stormwater Permit No. NCG140000 (Certificate of Coverage #NCG140328) for the 5043 Unicon Drive, Wake Forest, NC location on December 5, 2004. The current Certificate of Coverage will expire on July 31, 2009. D. On December 22, 2005, DWQ staff conducted a compliance evaluation inspection and observed that Carolina Sunrock, LLC did not have a Site Plan as part of the Stormwater Pollution Prevention Plan that included a description of the physical facility, a USGS general location map, a narrative description of storage practices, a site map drawn to scale, a list of pollutant spill or leaks that occurred in the last three years and any corrective actions, and a certification that all stormwater outfalls have been tested for the presence of non-stormwater discharges. E. General Permit No. NCG140000 contains the following limitation: Part II. Section A Paragraph 1: Site Plan The site plan shall provide a description of the physical facility. The site plan Carolina Sunrock LLC PC-2006-0008 Wake County Page 2 of 1 I shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A list of the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges (c) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (d) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (e) A list of significant spills or leaks of pollutants (see definitions) that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (f) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. F. During the site visit, DWQ observed that Carolina Sunrock, LLC did not have a stormwater management plan that included a narrative description of materials management practices, a feasibility study for changing operations to eliminate or reduce introduction of materials and processes to stormwater, a schedule of secondary containment, and a summary of BMPs. G. General Permit No. NCG140000 contains the following limitation: Part Il. Section A Paragraph 2: Stormwater Management Plan The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is Carolina Sunrock LLC PC-2006-0008 Wake County Page 3ofII not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices have a drain, the drain shall be controlled by manually activated valves or other similar devices, which shall be secured with a locking mechanism. If there is no drain, the containment shall be observed and pumped out as needed to maintain adequate capacity. Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. H. During the site visit, DWQ observed that personnel responsible for implementing the Spill Prevention and Response Plan were not identified. General Permit No. NCG 140000 contains the following limitation: Part II. Section A Paragraph 3: Spill Prevention and Response Plan The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. During the site visit, DWQ also observed that no schedules of inspections and maintenance activities of stormwater control systems had been kept. K. General Permit No. NCG140000 contains the following limitation: Part II. Section A Paragraph 4: Preventative Maintenance and Good Housekeeping Program A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater Carolina Sunrock LLC PC-2006-0008 Wake County Page 4 of I I control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. L. DWQ observed that facility personnel responsible for managing the employee -training program were not identified. M. General Permit No. NCG140000 contains the following limitation: Part II. Section A Paragraph 5: Employee Training Training schedules shall be developed and training provided for all employees at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations. Facility personnel (or team) responsible for implementing the training shall be identified. N. DWQ observed no updated list of personnel responsible for the upkeep of the Stormwater Pollution Prevention Plan. O. General Permit No. NCG140000 contains the following limitation: Part II. Section A Paragraph 6: Responsible Party The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. P. DWQ also observed that the Stormwater Pollution Prevention Plan had not been reviewed or updated since its inception. Q. General Permit No. NCG140000 contains the following limitation: Part II. Section A Paragraph 7: Plan Amendment The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. R. During the site visit, DWQ found no documentation of facility stormwater inspections. S. General Permit No. NCG140000 contains the following limitation: Part II. Section A Paragraph 8: Facility Inspection Program Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, Carolina Sunrock LLC - PC-2006-0008 Wake County Page 5 of I I plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. T. On December 22, 2005, DWQ confirmed that for Carolina Sunrock, LLC, no qualitative or analytical monitoring was performed or records kept. From December 5, 2004 to December 22, 2005, no analytical monitoring or qualitative monitoring results were available for review. U. Part II, Section C Paragraphs 1,3, and 4 of General Permit number NCG140000 contain the follo ing relevant analytical monitoring and reporting limits: Discharge Units Measurement Sample Sample Characteristics Frequency Type Location PH Standard Annually Grab Effluent Total mg/1 Annually Grab Effluent Suspended Solids Settleable ml/I Annually Grab Effluent Solids Event Duration Minutes Annually Total Flow Gallons Annually V. Part II, Section F of General Permit number NCG140000 contains the following relevant qualitative m nitoring re uirement: Discharge Characteristics Frequency Monitoring Location Color Semi -Annual Discharge Outfall Odor Semi -Annual Discharge Outfall Clarity Semi -Annual Discharge Outfall Floating Solids Semi -Annual Discharge Outfall Carolina Sunrock LLC PC-2006-0008 Wake County Page 6 of I l Suspended Solids Semi -Annual Discharge Outfall Foam Semi -Annual Discharge Outfall Oil Sheen Semi -Annual Discharge Outfall Other obvious Semi -Annual Discharge Outfall indicators of stormwater pollution W. On December 22, 2005, DWQ measured the pH of the wastewater discharge outfall at 10.6 standard units. X. General Permit No. NCG140000 contains the following limitation: Part II. Section C Paragraphs 13, and 4: pH limits The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. Y. On January 9, 2006, DWQ issued a NOV to Carolina Sunrock, LLC. The NOV noted violations for NPDES Permit NCG140000. DWQ requested that Carolina Sunrock, LLC respond in writing to these violations. Z. On January 26, 2006, DWQ received a response from Carolina Sunrock, LLC to the NOV issued on January 9, 2006. This response addressed most compliance issues in a general manner and presented corrective actions and a schedule to achieve compliance. AA. Carolina Sunrock, LLC is authorized to discharge stormwater to receiving waters designated as an unnamed tributary to Smith Creek, a Class C, Nutrient Sensitive Water in the Neuse River Basin. BB. The costs to the State of the enforcement procedures in this matter totaled $296.89. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Carolina Sunrock, LLC is a "person" within the meaning of North Carolina General Statute (hereby known as NCGS) 143-215.6A pursuant to NCGS 143- 212(4). B. Under NCGS 143-215.1, a permit is required to cause or permit discharges Carolina Sunrock LLC PC-2006-0008 Wake County Page 7 of 11 regulated under NCGS 143-214.7 C. The General StormwaterNPDES General permitNCG140000 was issued to Carolina Sunrock, LLC in accordance with NCGS 143-215.1 and 15A NCAC 21-1.0126. D. Carolina Sunrock, LLC violated Part II, Section A, Paragraph 1 of General Permit NCG140000 permit by failing to develop and implement an adequate site plan. E. Carolina Sunrock, LLC violated Part II, Section A, Paragraph 2 of General Permit NCG140000 permit by failing to develop and implement an adequate stormwater management plan. F. Carolina Sunrock, LLC violated Part II, Section A, Paragraph 3 of General Permit NCG140000 by failing to develop and implement an adequate spill prevention and response plan. G. Carolina Sunrock, LLC violated Part 1I, Section A, Paragraph 4 of General Permit NCG140000 by failing to develop and implement an adequate preventative maintenance and good housekeeping plan. H. Carolina Sunrock, LLC violated Part II, Section A, Paragraph 5 of General Permit NCG140000 by failing to develop and implement an adequate employee training program. Carolina Sunrock, LLC violated Part II, Section A, Paragraph 6 of General Permit NCG140000 by failing to develop and keep updated a list of personnel responsible for the overall coordination, development, implementation and revision of the stormwater pollution prevention plan. Carolina Sunrock, LLC violated Part II, Section A, Paragraph 7 of General Permit NCG140000 by failing to review and update the stormwater pollution prevention plan. K. Carolina Sunrock, LLC violated Part II, Section A, Paragraph 8 of General Permit NCG140000 failing to develop and implement an adequate stormwater facility inspection program. L. Carolina Sunrock, LLC violated Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG 140000 by failing to conduct annual analytical monitoring for pH. M. Carolina Sunrock, LLC violated Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG140000 by failing to conduct annual analytical monitoring for total Carolina Sunrock LLC PC-2006-0008 Wake County Page 8 of l l suspended solids. N. Carolina Sunrock, LLC violated Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG 140000 by failing to conduct annual analytical monitoring for settleable solids. O. Carolina Sunrock, LLC violated Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG140000 by failing to conduct annual analytical monitoring for event duration. P. Carolina Sunrock, LLC violated Part 1I, Section C, Paragraphs 1, 3 and 4 of General Permit NCG 140000 by failing to conduct annual analytical monitoring for total flow. Q. From December 5, 2004 to December 22, 2005, Carolina Sunrock, LLC failed to perform and to keep records of qualitative monitoring of the Stormwater Discharge Outfalls (SDOs), a semi-annual monitoring requirement set forth in Part fl, Section F of General Permit No. NCG140000. R. Carolina Sunrock, LLC violated Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG140000 by failing to control the pH level of wastewaters discharged from its site to within the required range; 6.0 to 9.0 standard units. Carolina Sunrock, LLC may be assessed civil penalties in this matter pursuant to NCGS 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) may be assessed against any person who is required but fails to comply with conditions of permits issued pursuant to NCGS 143-215.1. T. The State's enforcement costs in this matter may be assessed against Carolina Sunrock, LLC pursuant to NCGS 143-215.3(a)(9) and NCGS 14313-282. 1 (b)(8). U. Tom Reeder of the Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director.of the Division of Water Quality, has the authority to assess civil penalties in this matter. Carolina Sunrock LLC PC-2006-0008 Wake County Page 9 of I 1 Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Carolina Sunrock LLC is hereby assessed a civil penalty of: O For (1) violation of Part II, Section A, Paragraph 1 of General Permit NCG140000 by failing to develop and implement an adequate.site plan. S O O For (1) violation of Part II, Section A, Paragraph 2 of General Permit NCG140000 by failing to develop and implement an adequate stormwater management plan. .S O O For (1) violation of Part II, Section A, Paragraph 3 of General Permit NCG140000 by failing to develop and implement an adequate spill prevention and response plan. $ Soo For (1) violation of Part II, Section A, Paragraph 4 of General Permit NCG140000 by failing to develop and implement an adequate preventative maintenance and good housekeeping plan. $ SO O For (1) violation of Part II, Section A, Paragraph 5 of General Permit NCG140000 by failing to develop and implement an adequate employee training program. $ Soo For (1) violation of Part II, Section A, Paragraph 6 of General Permit NCG140000 by failing to develop and keep updated a list of personnel responsible for the overall coordination, development, implementation and revision of the stormwater pollution prevention plan. For (1) violation of Part II, Section A, Paragraph 7 of General Permit NCG140000 by failing to review and update the stormwater pollution prevention plan. For (1) violation of Part II, Section A, Paragraph 8 of General Permit NCG140000 by failing to develop and implement an adequate stormwater facility inspection program. For failures to monitor for pH from December 4, 2004 to Carolina Sunrock LLC PC-2006-0008 Wake County Page 10 of I I December 22, 2005 in violation of Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG 140000. $ SO O For failures to monitor for total suspended solids from December 4, 2064 to December 22, 2005 in violation of Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG 140000. $ So 0 For failures to monitor for settleable solids from December 4, 2004 to December 22, 2005 in violation of Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG 140000 $ For failures to monitor for event duration from December 4, 2004 to December 22, 2005 in violation of Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG 140000 $ (� For failures to monitor for total flow outfall from December 4, 2004 to December 22, 2005 in violation of Part II, Section C, Paragraphs 1, 3 and 4 of General Permit NCG140000. For violations of Part II Section F of General NPDES Permit NCG140000, occurring from December 4, 2004 to December 22, 2005, from the failure to perform semi- annual qualitative monitoring of the Stormwater Discharge Outfall (SDOs). $ /O For (1) violation of Part II, Section C, Paragraphs 1, 3 and 4 for failing to control the pH level of wastewaters discharged from its site to within the required range. $ 7500.0-0 TOTAL CIVIL PENALTY $ 296.89 Enforcement costs. $ 7 796• 9- TOTAL AMOUNT DUE Carolina Sunrock LLC PC-2006-0008 Wake County Page I I of I I Pursuant to NCGS 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at NCGS 14313- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; .(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures; O (D e) of Water Quality JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2006-0008 County: Wake Assessed Party: Carolina Sunrock, LLC Permit No. (if applicable): NCG 140000 Amount Assessed: $7,796.89 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a.detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ .(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF WAKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND CAROLINA SUNROCK, LLC ) STIPULATION OF FACTS CASE NO. PC-2006-0008 Having been assessed civil penalties totaling $ 7,796.89 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated July 27, 2006 the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of 20 NAME (printed) SIGNATURE ADDRESS TELEPHONE Division of Water Quality / Surface Water Protection NCDENR National Pollutant Discharge Elimination System NCG140000 NOTICE OF INTENT ` National Pollutant Discharge Elimination System application for coverage under General Permiti i NCG140000: T STORMWATER AND PROCESS WASTEWATER DISCHARGES associated with activities classifie aW SIC (Standard Industrial Classification) Code -3273 Ready Mixed Concrete :, ram? � c o� For new plant sites that will discharge or recycle process wastewater (even if commingled with stormwater): This NOI is also an APPLICATION FOR Authorbation to Construct (ATC) wastewater i treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. l For existing plant sites discharging or recycling process wastewater (even if commingled with stormwater): This NOI is also an APPLICATION FOR Authorvafion to continue to operate wastewater treatment facilities in place. Construction, modification, or installation of any new treatment components at an existing site requires an ATC. Treatment facilities used to treat or recycle process wastewater (including stormwater BMP structures treating process wastewater flows commingled with stormwater) require an ATC prior to construction per 15A NCAC 2H .0138_ The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COG) for the NCG14 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & _0139. Construction of wastewater treatment facilities (this includes recycle systems) at new or existing plant sites requires submission of three (3) sets of plans and specifications signed and sealed by a Professional Engineer (P.E.) or qualified state along with this application. A copy of the design calculations should be included. Please see questions 14 & 15. Vil For questions, please contact the DWQ Regional Office for your area. (See page 5) (Please print or type) 1) Mailing address of ownerloperator (address to which all, permit correspondence will be mailed): Name Street Address City Telephone No. 2) Location of facility producing discharge: Facility Name ir}( IQtojr4 4 Dir74tri �,) Osr CG Facility Contact Street Address City County Telephone No. Page 1 of 5 'As per 15A NCAC 21-1.0106 'Unless treatment facilities are designed, constructed, and put into operation by employees internal to the cmnpany who are qualilied to perform such work for their respective companies in accordance with General Statutes, 89C.25 (7), plans and specifications must be signed and sealed by a P.E. SWt1229-101905 last revised 10119r1W5 NCG140000 N.O.I. 3) Physical location information: Please provide a narrative description of how to get to the facility (use sfreeI distance and direction from a roadway intersection). %ra �i�iit 4 - M (A copy of a minty may or Mrs Quad street with raalay ply lasted M are map is a nKFnd Part of the ayplicafmn.) ` 4) latitude 3S 31.23 n Longitude %�� 1Z rL"$ (deg, min, sec) CdiSc,ia.fc ) 5) This NPDES Permit Application applies to which of the following. EY-New or Proposed Facility Existing 6) Standard Industrial Classification: Date operation is to begin Sprir) zoo/. Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 3 Z 7 1 7) Provide a brief description of the types of industrial activities and products produced at this facility: (Include a site diagram showing the process areas present at this fa "" _ .. n . _ 1 A r I . _ 11 ill. __- /lily_ _/_/L n/_ _/ i2 8) Discharge points / Receiving waters: How many discharge points (ditches, pipes, channels, etc.) convey stormwater and/or wastewater from the property? 1 What is the name of the body or bodies of water (creek, stream, river, take, etc.) that the facility stormwater and/or wastewater discharges end up in? U&Aoft . J � b t, S'%; Cwk- If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). Receiving water classification (if known): Note: Discharge of process wastewater to receiving waters classified as WS 11 to WS-V or SA must be approved by the N.C. Dept of Environmental Health. If DEH does not approve, coverage under NCG140000 cannot be granted. No new discharges of process wastewater are pernitted in receiving waters classed as WS4 or freshwater ORW. 9) Does this facility have any other NPDES permits? c Yes If yes, list the permit numbers for all current NPDES permits for this facility: Alc& / y D 3j 10) Does this facility have any Non -Discharge permits (ex: recycle permits)? ET�Nc ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? ❑N 13 Yes Page 2 of 5 SM-229-101905 last revised 10/1912005 NCGI40000 N.O.I. 12) Does this facility have a Stormwater Pollution Prevention Plan? ❑ No Q Yes If yes, when was it implemented? 19c44., Zoe L 13) Are vehicle maintenance activities occurring or planned at this facility? ❑ No 2"Yes t7�pyM� Wastewater Treatment Design Information 14) Are discharges occurring or planned from any of the following process wastewater generating activities? Vehicle and equipment cleaning IJ Yes ❑ No Wetting of raw material stockpiles Mixing drum cleaning dyes ❑ No Ur'Yes ❑ No If yes to any of the above, please describe the type of process used to treat and/or recycle the process wastewater. For a sufficient application, you must provide design specifics (e.g., design volume, retention time, surface area, etc.) and calculations to demonstrate compliance with permit effluent limits (pH — 6-9 SU, Total Suspended Solids (TSS) — 30 mg/l, and Settleable Solids (SS) — 5 ml/I.) [Use separate sheet(s)]. If all these discharges are recycled, please refer to Question 15. For plants that recycle and/or discharge process wastewater. When applying for this permit, you are also applying for an authorization to construct (new treatment facilities) or authorization to continue to operate (existing treatment facilities) as part of the NOI. For new sites. you must submit three (3) sets of design plans and specifications with this application and provide supporting calculations that predict compliance of final discharge with permit limits. For existing sites. applicants should submit three (3) sets of plans and specs for facilities as-buf t and provide as many design details as possible, or submit a detailed diagram of treatment systems in place that includes information such as tank volumes, dimensions, retention time, piping, settling basin details, etc. Please note. # new treatment systems are planned for an existing site, an ATC will be required prior to construction of those facilities. Planstspecs/calculations prepared by a RE and the request for an ATC may be submitted wfth this NOI, or separately at a later date. DWQ may request the status of your plans for requesting an ATC upon issuance of the COC. 15) Does the facility use or plan to use a recycle system? f3 Yes If yes, what size storm event is the system designed to hold before overflowing? (for example 0-yr, 24-hr) O iyear, 24-hr rainfall event For a recycle system (regardless of when it overflows), please provide plans, calculations, and design specifics (e.g., throughput assumptionshvater balance, design volume, retention time, surface area, amount of freeboard in design stone event, etc.). [Use separate sheet(s)]. For a sufficient application, the information must demonstrate compliance of final discharge with permit effluent limits (pH — 6-9 SU, Total Suspended Solids (TSS) — 30 mg/I, and Settleable Solids (SS) — 5 mill), or must demonstrate that the recycle system has sufficient capacity to contain runoff from a 25-year, 24-hr rainfall event plus one foot of freeboard under design operating conditions. Page 3 of 5 SWLt-229-101905 Last revised 10/19/2005 NCG140000 N.O.J. 16) Are wastewater treatment facilities (including recycle systems) planned in the 100-year Flood plain? O No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) 17) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? a -No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? B No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? 6No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste:_ How is material stored: Where is material store How many disposal shipments per year: Name of transport / disposal vendor:_ Vendor address: 16) Certification: North Carolina General Statute 143-215.6 B(I) provides that: Any person who knowingly makes any false statement. representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemakirg proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders Inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or miss of the [Environmental Management) Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). 1 hereby request coverage under the referenced General Permit. 1 understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Notice of Intent must be accompanied by a check or money order for $60.00 made payable to: NCDENR Page 4 of 5 SWU-229-101905 Last revised 10119/2005 NCG140000 N.O.I. Final Checklist This application will be returned as incomplete unless all of the following items have been included: ❑ Check for $80 made payable to NCDENR. R- This completed application and all supporting documentation (including design details and calculations for treatment systems). ❑ if an Erosion & Sedimentation Control (E&SC) Plan is required from Division of Land Resources (DLR) or local designee: documentation verifying applicant has developed and submitted that Plan to the governing agency (required per 15A NCAC 02H .0138). 9J/°jp"� /:�j C64 Ca For new sites (or sites that will install new treatment facilities): Three (3) copies of plans and specifications for wastewater treatment facilities (including recycle systems), signed and sealed by a Professional Engineer or qualified staff meeting requirements of G.S. 89C-25 (7). B For existing sites: three (3) copies of plans and specifications for wastewater treatment facilities (including recycle systems) as built, stamped and sealed by a Professional Engineer, or (only if plans not available) a detailed diagram of treatment systems in place that includes information such as tank volumes, dimensions, retention time, piping, settling basin details, etc. Er A site map showing, at a minimum, (existing or proposed): (a) outline of drainage areas, (b) stormwater/wastewater treatment structures, (c) location of stormwater/wastewater outfalls (corresponding to which drainage areas), (d) runoff conveyance structures, (a) areas where materials are stored, (f) impervious areas, and (g) site property lines. El' A county map or USGS quad sheet with location of facility dearly marked. Mail the entire package to: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions, please contact the DWQ Regional Office for your area. DWQ Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 486-1541 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-4600 Central Office .........(919) 733-5083 Page 5 of 5 SWU-229-10190e Last revised 10119/2005 /h LISUNROCKm CAROLINA SUNROCK LLC January 26, 2006 Mr. Kenneth Schuster, P.E. Raleigh Regional Surface Water Quality Supervisor Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Re: NOV-2006-PC-0003 Carolina Sunrock LLC North Raleigh Distribution Center Certificate of Coverage No. NCG140328 Wake County Dear Mr. Schuster, Tony L. Sample, CPESC Compliance Manager PO Box 25 Butner, NC 27509 In response to your above referenced NOV, Carolina Sunrock LLC had begun the modification process for this site with the request for a Special Use Permit from the Town of Wake Forest in September 2004. This modification is to include the construction of a hot mix asphalt plant and the reconfiguration of the existing ready mix site to include the construction of a much needed weir system that would virtually eliminate the potential discharge of high pH water. We have completed the modification request for the NPDES Permit including the request for an authorization to construct the weir system and have submitted it to the appropriate office, a copy is attached for your review. The house keeping issue has been addressed and the 55 gallon drums have been removed. The existing SPPP is being updated to include the items noted in the NOV and should be completed by the middle of February, and sample bottles have been ordered to facilitate the discharge monitoring. We have requested the NTC as soon as possible so we can begin the installation of the weir. Please contact me if additional information is required or this schedule does not meet with your approval. Sincerely, Carolina Sunrock LLC T y .Sample, C.P.E.S.C. Compliance Manager Isample@thesunrockgroup.com Phone: 919.575.4502 Fax: 919.575.4510 www.thesunrockgroup.com / �N January 26, 2006 Mr. Kenneth Schuster. P.E. Raleigh Regional Surface Water Quality Supervisor Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Re: NOV-2006-PC-0003 Carolina Sunrock LLC North Raleigh Distribution Center Certificate of Coverage No. NCG140328 Wake County Dear Mr. Schuster, Tony L. Sample, CPESC Compliance Manager PO Box 25 Butner, NC 27509 �N In response to your above referenced NOV, Carolina Sunrock LLC had begun the modification process for this site with the request for a Special Use Permit from the Town of Wake Forest in September 2004. This modification is to include the construction of a hot mix asphalt plant and the reconfiguration of the existing ready mix site to include the construction of a much needed weir system that would virtually eliminate the potential discharge of high pH water. We have completed the modification request for the NPDES Permit including the request for an authorization to construct the weir system and have submitted it to the appropriate office, a copy is attached for your review. The house keeping issue has been addressed and the 55 gallon drums have been removed. The existing SPPP is being updated to include the items noted in the NOV and should be completed by the middle of February, and sample bottles have been ordered to facilitate the discharge monitoring. We have requested the NTC as soon as possible so we can begin the installation of the weir. Please contact me if additional information is required or this schedule does not meet with your approval. Sincerely, Carolina Sunrock LLC Toy .Sample, C.P.E.S.C. Compliance Manager I. tsample@thesunrockgroup.com Phone: 919.575,4502 Fax: 919.575,4510 www.thesunrockgroup.com `ISUNR®CK® CAROLINA SUNROCK LLC January 26, 2006 Ms Aisha Lau Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Permit No. NCG 140328 North Raleigh Distribution Center Wake Forest, Wake County Dear Ms. Lau, Tony L. Sample, CPESC Compliance Manager PO Box 25 Butner, NC 27509 Please find attached a request to modify the above referenced permit We are adding a hot mix asphalt plant to the site and are requested an Authorization to Construct (ATC) a weir system that should eliminate the potential problem of discharging high pH storm water from this site. We have been in the process of modifying this site since requesting a special use permit from the Town of Wake Forest in September 2004. The location of the discharge point for storm water discharge at this site will not change. Please note that we have been served with a Notice of Violation on this site in part for having a high pH discharge. This weir system should all but eliminate this potential in the future, and we would like to install it as soon as possible. We understand that we must wait for the ATC prior to starting construction of this structure. Any help or expediting this authorization would be greatly appreciated. Should additional information or clarification be required, plead contact me at (919) 575 — 4502. Sincerely, Carolina Sunrock LLC Tenq-r� p e, C.P.E.S.C. Compliance Manager tsample@thesunrockgroup.com Phone: 919.575.4502 Fax: 919.575.4510 www.thesunrockgrDup.com F W Michael F. Easley, Governor 7 William O. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality January 9, 2006 Mr. Tim Kopec CERTIFIED MAIL Concrete Operations Manager RETURN RECEIPT REQUESTED Carolina Sunrock, LLC P.O. Box 25 Butner, NC 27509 Subject: NOV-2006-PC-0003 Notice of Violation/Notice of Intent to Enforce Resulting from Compliance Evaluation Inspection on 12/22/2005 and Follow-up Site Visit on 01/03/2006 NPDES Stormwater General Permit No. NCG140000 Certificate of Coverage-NCG140328 Carolina Sunrock, LLC-North Raleigh Wake County Dear Mr. Kopec: The December 22nd, 2005 tour that you provided to Myrl Nisely and Ron Boone during our annual inspection of your north Raleigh concrete facility located at 5043 Unicon Drive in Wake Forest was greatly appreciated. This inspection was conducted to determine Carolina Sunrock LLC's compliance with its general stormwater permit NCG140000 and certificate of coverage (COC) NCG140328. This permit, issued 31 July 2004 by authority of North Carolina General Statute 143-215.1, is intended to prevent pollution of state waters that receive stormwater and/or process wastewater discharges from your facility. It is noted that your facility produces both stormwater associated with industrial activities as well as process wastewaters associated with vehicle and equipment cleaning, raw material stockpiles, and mixing drum cleanout. SITE SUMMARY NOTE: Please refer to the attached site map. Note that this map is somewhat out of date and labels have been provided in the estimated locations of items not actually shown on the map. Pertinent pictures are also included fo'r easy reference at the end of this letter. All stormwater and process wastewaters commingle and flow in a southerly/southeasterly direction across the site's main impervious surface. A drainage ditch that parallels both the eastern and southern edges of the impervious surface, collects all such flows and conveys them to a pond, hereinafter referred to as Pl. P1 is located approximately 50 to 75 yards south of the impervious surface. Water that enters the eastern ditch flows into the southern ditch and then into P1. Please note that it was confirmed during a follow-up site visit conducted on 01/03/2006 with Mr. Tony Sample, of Carolina Sunrock LLC, that P1 does in fact discharge to a tributary of the Neuse River. NorihCarolina Aakrrally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.no.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 791-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Carolina Sunrock, LLC, Compliance Evaluation Inspection, December 22, 2005, NCG140328 Page 2 of 6 r • For the purposes of this letter, the total stormwater and process wastewater flow produced at your site are divided up and defined as follows: • A portion of the total flow, hereinafter referred to as waste stream #1, or WS 1, flows southwesterly, across the western edge of the impervious surface, into a large unimproved area, approximately one acre in size, located at the southwest corner of the site. This area is currently being used for waste concrete crushing operations. WS 1 ultimately flows through the northern- most portion of the unimproved area, into the drainage ditch, and then into PL • A second portion of the flow, hereinafter referred to as waste stream #2, or WS2, flows southerly across the impervious surface, to a holding basin located near the middle of the southern edge of the impervious surface. Holding basin effluent then flows in one of two directions, depending on basin loading, as follows: • The majority of effluent collects into the drainage ditch and then flows into P 1. • During the inspection however, a considerable amount of water overflowed the basin at the front and flowed southeasterly, across the southern edge of the impervious surface. These waters then spilled over the southern edge of the impervious surface and into the drainage ditch. • The third and final portion of the flow, hereinafter referred to as waste stream #3, or WS3, flows southeast across the impervious surface, and spills into the drainage ditch on the eastern edge or at the southeast comer of the impervious surface. • The discharge ofPI could not be located during the initial inspection. However, it was found and inspected during the follow-up visit with Mr. Sample on O1/03/2006. • There is a second pond on site, hereinafter referred to as P2, that is located within the one acre unimproved area at the southwestern corner of the site, approximately 25 to 30 yards west of P1. This pond collects and stores stormwater and any process wastewaters produced in the unimproved area. Mr. Sample also confirmed during the 01/03/2006 follow-up visit, that P2 does overflow into P1. INSPECTION FINDINGS The list below shows numerous conditions and practices observed during the tour portion of the inspection. • A concrete crushing machine is installed at approximately the center of the one acre unimproved area at the southwest corner of the impervious surface. This entire area is severely eroded, wet, and muddy. The crushing process produces a considerable amount of concrete dust that settles on the ground surrounding the crusher. Additionally, return concrete, drum washes and other wastes are dumped at the entrance to this area and personnel and vehicular traffic then spread the wastes throughout the area. These wastes are then exposed to any stormwater that falls on the area. The area slopes toward the southeast and stormwater runoff from this area flows into P 1 and P2. This runoff most likely carries with it a significant amount of soil, concrete dust, and return concrete. NOTE: You mentioned during the inspection that Carolina Sunrock LLC plans to pave this entire area. The purpose of paving the area is unknown, however please note the requirement to submit to the Division of Water Quality, Stormwater Permits Unit, engineering plans for any site stormwater or wastewater improvement, or any other physical change that could impact your ability to meet permit requirements, and/or require amendment of your permit to address such changes. • The holding basin that receives WS2 is intended to settle solids before the water is discharged into P 1. Although the capacity of the holding basin is unknown, conditions at the time of the inspection made it obvious that the unit is severely undersized and has minimal, if any, positive treatment value. The basin overflowed at the front and spilled onto the impervious surface as mentioned arolina Sunrock, LLC, Compliance Evaluation Inspection, December 22, 2005, NCG140328 Page 3 of above. Basin effluent was actually more turbid than the influent, begging the'question of when the unit was last cleaned out. The basin needs significant repair. The upper walls of the holding basin are constructed with large concrete blocks. The concrete blocks are severely misaligned and either no sealant was installed between the blocks at the time of construction or that which was installed is no longer effective. Consequently, water also seeps heavily through the seams between the concrete blocks. The basin therefore has no well-defined discharge point. It is completely overwhelmed by the influent flow and water exits the basin at several different locations and flows away in at least two different directions, also as mentioned above. • PI was mostly frozen over during the inspection. However, visual observation revealed a highly turbid water and breakage of the thin ice layer to facilitate a pH measurement, caused a large amount of settled solids to become suspended. This is indicative of large amounts of solids being deposited in P1. Additionally, the pH of P1 was measured at 11.9 standard units. There are no mechanisms installed to reduce the high solids content or pH of P 1, so it is assumed that any water body receiving Pl effluent is also subjected to these high pH and solids levels. • During the tour one of your drivers dumped a drum wash on the road on the eastern side of the raw material stockpiles. This wash water was then observed flowing toward the eastern drainage ditch. This practice demonstrates gross mismanagement of drum washes and can contribute significantly to the pollution of receiving water bodies. Drum washes should be dumped into a correctly sized cell or holding basin where the majority of solids can be settled and high pH can be attenuated before the wastewater is discharged. • Two additional items of concern noted during the follow-up site visit were: • There is a storage area on the eastern side of the site where equipment and waste materials are stored. The area in itself is not the concern but rather the storage practices that were observed. Several 55-gallon drums were placed in the area. Some of these drums were empty but others appeared to hold some type of material, one of which was labeled as oil. This particular drum had been pinched between a large concrete block and another drum. Whatever is in this drum, and any others in the area, seems very susceptible to being spilled. Additionally, there was one darkened spot on the ground that indicated oil, or something similar to it, had been previously spilled and not properly cleaned up. The general housekeeping of this storage area was poor. • There was a diesel spill near the truck filling point. The amount of the spill, though it appeared to be small, was unknown and apparently had not been reported. As noted earlier, the discharge ofPI was identified and inspected during the follow-up site visit. Although the water seemed oddly clear for being the discharge of P 1, the bottom of the stream was covered with a heavy layer of solids similar in nature to those observed in P 1. Also, the pH was measured at 10.6 standard units approximately 50 feet downstream of the end of the discharge pipe, well above the acceptable range of 6.0 to 9.0 standard units. The list below shows numerous conditions observed during the interview portion of the inspection. Please refer to your permit for further explanation and compliance details as needed. • The stormwater pollution prevention plan (SPPP) was grossly inadequate as follows: • No site plan with the following: A description of the physical facility (Part 11, Section A, Paragraph 1). A USGS general location map showing the facility's location in relation to surrounding transportation routes and surface waters, names of receiving waters to which site stormwater is conveyed, or if discharge is to a separate municipal storm sewer system, then the name of the municipality and the ultimate receiving waters, and an accurate latitude/longitude of the point(s) of discharge (Part II, Section A, Paragraph 1 a). Carolina Sunrock, LLC, Compliance Evaluation Inspection, December 22, 2005, NCG140329 PagF 4 of 6 • A narrative description of storage practices, loading/unloading activities, outdoor process areas, dust/particulate generating or control processes, and waste disposal practices (Part II, Section A, Paragraph lc). • A site map drawn to scale with the location of all buildings, industrial activities, and impervious surfaces. Note that the percent of impervious surface must be specified. The site map must show all drainage structures and areas for each outfall with the activities occurring in each area specified. There must also be a narrative description of pollutants that could be present in stormwater at each outfall (Part II, Section A, Paragraph Id). • A list of pollutant spills or leaks that have occurred in the last three years and any corrective actions taken. Note that if no such spills have occurred, a signed certification specifying this is required (Part R, Section A, Paragraph 1 e). • A certification that all stormwater outfalls have been tested for the presence of non- stormwater discharges. This statement must be signed according to the requirements found in Part III, Standard Conditions, Section B, Paragraph 5 (Part II, Section A, Paragraph 10. • No stormwater management plan with the following: • A narrative description of materials management practices employed, structural and non- structural, to control or minimize introduction of such materials to stormwater (Part II, Section A, Paragraph 2). • A feasibility study reviewing the technical and economic feasibility of changing operations and/or storage practices to eliminate or reduce introduction of materials and processes to stormwater. In areas where such elimination/reduction is impractical, this plan shall document the feasibility of diverting stormwater runoff from areas of potential contamination (Part II, Section A, Paragraph 2a). • A schedule to provide secondary containment for any chemicals used on site, to prevent leaks and spills of such chemicals from contaminating stormwater runoff. These containment devices must then be managed according to specific instructions and detailed records must be kept to record their operation (Part It, Section A, Paragraph 2b). • A summary of BMPs that will be considered in the future as necessary. Structural BMPs will be considered based on an assessment of the potential for site pollutants to taint future stormwater discharges and on data collected through analytical testing of the site's stormwater discharges (Part II, Section A, Paragraph 2c). A spill prevention and response plan (SPRP) that incorporates an assessment of potential pollutant sources based on a materials inventory of the site. This plan must identify in writing those personnel responsible for developing, implementing, and maintaining the spill prevention and response plan and the list must be kept current at all times. Additionally, one of the personnel responsible for this program must be on site at all times while the facility is in operation. Your facility did have a SPRP, however it did not meet all requirements (Part II, Section A, Paragraph 3). A preventative maintenance and good housekeeping program that documents schedules of inspections and maintenance activities of stormwater control systems and plant equipment and systems. This program shall also include regular cleaning schedules of material handling areas (Part II, Section A, Paragraph 4). An employee -training program that includes training schedules and documentation. All employees involved in any of the facility's operations must be trained in proper spill response, spill cleanup, and preventative maintenance activities at least annually. Facility personnel responsible for managing this program must also be identified and this list must be kept up to date at all times. It is noted that you did have record of some training. However, the records did not account for all time periods since permit issuance and record keeping was somewhat disorganized (Part II, Section A, Paragraph 5). Carolina Sunrock, LLC, Compliance Evaluation Inspection, December 22, 2005, NCG 140328 Page 5 of 6 • An identification of the position(s) responsible for the development, implementation, and management of the SPPP. If different SPPP components are divided up amongst more than one position, each position will be separately identified with their assigned responsibilities (Part 11, Section A, Paragraph 6). • An amendments section that documents an annual review of the entire SPPP to ensure it still meets all requirements and that there have been no changes to the site or site operations that would render any component of the SPPP ineffective. Please note that any SPPP pages that are changed during annual reviews must include the revision date (Part D, Section A, Paragraph 7). • A facility inspection program that documents semi-annual inspection of all BMPs and stormwater systems in the fall (September -November) and the spring (April -June). All inspections and required maintenance activities resulting from such inspections must be thoroughly documented and incorporated into the SPPP (Part II, Section A, Paragraph 8). • Documentation of all monitoring, measurements, inspections, maintenance activities, employee training, sampling and analysis activities (including a sampling data log), and structural and non-structural BMP implementation activities. All such records will be kept on -site for five years (Part ll, Section A, Paragraph 9). Finally, neither qualitative monitoring results nor laboratory analytical data could be presented for inspection. There is no record of qualitative monitoring and you did not have the annual discharge monitoring reports (DMR), required by your permit, on file and readily available. Further investigation confirmed that no DMRs are on file with the NCDENR Raleigh Regional Office (RRO), Central Files Office, or the Stormwater Permits Unit. This leads us to believe that neither the qualitative monitoring nor laboratory analysis required by your permit has been accomplished. Mr. Sample did provide Mr. Boone with a copy of a Certificate of Analysis (COA) for a sample that was taken in 2003. However, he still could not provide any data that covers the period between permit issuance and the present. In general, many of these conditions demonstrate a significant mismanagement of your stormwater and process wastewaters. The most serious findings, the ones for which we're considering assessing a civil penalty, are as follows: Lack of an effective SPPP that meets all requirements as stated in your permit. Lack of qualitative and quantitative discharge monitoring. pH levels well above permit limitations being discharged into state waters. Your permit is issued and enforced under authority of The Clean Water Act. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $27,500 per day for each violation. Seventeen months have passed since issuance of your discharge permit, yielding sufficient time for you to comply with all requirements. Carolina Sunrock, LLC, Compliance Evaluation Inspection, December 22, 2005, NCG 140328 Page 6 of 6 1 Please send acknowledgement of this letter accompanied by a narrative and your planned schedule to achieve compliance with all permit requirements to this office within 30 days of your receipt of this letter. Further consideration of potential civil penalty will be given upon receipt of your response. If you have any questions or comments about this inspection, please contact Ron Boone at 919-791-4200. Sincerely, 1 tv12 �1 Kenneth Schuster P. Raleigh Regional Surface Water Quality Supervisor cc: Stormwater Permitting Unit Central Files It I- , vlarx- VL 14-' 8 Carolina Sunrock, LLC, Compliance Page,7 of 12 Carolina Sunrock, Drainage ditch approximate 30 yards upstream of P 1 and 20 yards downstream of holding basin. Page 8 of 12 Carolina Sunrock, LLC, Compliance Evaluation Inspection, December T a. Page 9, of 12 Carolina Sunrock, Holding basin. 10 of 12 Carolina Sunrock, Unimproved area with concrete crusher in the background. Page I I of 12 Carolina Sunrock, Page 12 of 12 OOF W ATF9oG Y � r O < Mr. Bryan Pfohl Carolina Sunrock, LLC PO Box 25 Butner, NC 27509 Dear Mr. Pfohl: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 5, 2004 Alan W. Klimek, P.E. Director Division of Water Quality 7� ( I;- tA II?- 1ttJ I DEC 17 2U u .'I1.hPZR Rr! ' G;Oi!;;L GFfu;F a.. w Subject: NPDES General Permit NCG140000 Certificate of Coverage NCG140328 Carolina Sunrock, LLC-North Raleigh Formerly Carolina Sunrock Corporation Wake County Division personnel have reviewed and approved your request to transfer coverage under the General Permit, received on May 21, 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. Sincerely, Alan W. Klimek P. E. cc: DWQ Central Files Raleigh Regional Office, Water Quality Section Stormwater Permitting Unit 0. V,thCaolina Wurally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2ciencstale.nc.us 512 N. Salisbury St Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opporlur itylAf rmative Action Employer — 50% Recycled110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 CERTIFICATE OF COVERAGE No. NCG140328 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, CAROLINA SUNROCK, LLC is hereby authorized to discharge stormwater from a facility located at NORTH RALEIGH CONCRETE 5043 UNICON DRIVE WAKE FOREST WAKE COUNTY to receiving waters designated as an unnamed tributary to Smith Creek, a class C NSW waters in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, and VI of General Permit No. NCG140000 as attached. This certificate of coverage shall become effective December 5, 2004. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 5, 2004. Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission SU-04-03 Page I STAFF REPORT To: P.lanning-B azo d t Date: September 2 case:=SU=04=03; . — Prepared By: Ann Ayers, Planner GENERAL INFORMATION Applicant: Carolina Sunrock LLC PO Box 25 Butner, NC 27509 Property Owners: Rock Resources LLC Requested Action: Approval of Special Use Permit for a Hot -Mix Batch Asphalt plant. Tax PIN: 1739-62-9166 & 1739-62-2703 Location: 5043 Unicon DR. Size: 16.35 acres Existing Zoning: I, Industrial District Existing Land Use: Industrial; Ready Mix Concrete Plant and Stone Distribution Surrounding Land Use and Zoning: N - Capital Concrete — Undeveloped; I, Industrial District. S - Fuller Property — Single Family Residential, RD, Rural Holding District. E - South Forest Business Park — Redi-Mix Concrete, Flex Space/Warehouse and Manufacturing; I, Industrial District. W - CSX Railroad, Wyatt Property — RD, Rural Holding District. Land Development Plan General Goals and Policies Broad Goals • Development should be compatible with the natural environment including the topography, soils, flood plains and wooded area. • Wake Forest should continue to be primarily a residential community. However, commercial and industrial development should be encouraged to broaden the economic base, to provide employment and to ensure adequate provision of goods and services to the growing population. i 1 SU-04-03 Page 2 General Development Policies • Growth outside the town limits, but within the planning area, should not be discouraged if services can be provided efficiently and economically and if the development will fill a need and be a benefit to the Town. Industrial Areas Goals • Develop industrial investment as a tax base for the Town and a source of employment and stability for the local economy. • Maintain compatibility of industry with the residential character of the Town. • Preserve suitable land for future industrial use within the urban services area as an investment for the Town. • To actively seek ways and means of encouraging clean industrial development. Policies • Designate on the land use plan areas for industrial use, taking into consideration the following factors: o major highway or thoroughfare access for all sites. o rail access for some sites. o water and sewer service. o level land or gentle slopes. o separate from or may be buffered from existing residential areas. Control type of industry and actual site development and operation to prevent undesirable effects such as noise, traffic, appearance, odors, smoke, and other pollutants. Require impact statements from the EPA. Land Use Management Plan Land Planning Resources: None. Conceptual Objectives Plan Highway Corridor: • Concentrate non-residential development along US-1. Give preference to industrial and office park development. Implementation: Highway Corridor The encouragement of Class A industrial sites within this district should also be considered as an alternative to unrestrained commercial development. Zoning History: The property was zoned to 1, Industrial District in 1988 as a result of an ETJ extension. A Special Use Permit for an asphalt plant, concrete plant and stone distribution center was denied in 1995. A Special Use Permit was subsequently issued in 1996 for a concrete plant and stone distribution center subject to conditions related to subdivision, federal, state and local permits, an undisturbed vegetative buffer surrounding the site and a sprinkler system for on -site dust control. The conditions of SU-96-5 remain in effect. SU-04-03 Page 3 Applicable Regulations: Zoning Ordinance: Article V, District Regulations, Section 27, I, Industrial District, Article VIII. Special Uses. Zoning Ordinance Section 27. I -Industrial District The 1-Industrial District is established as a district in which the principle use of the land is for industry and those uses which can be operated in a relatively clean and quiet manner and which are conducive to industrial development while not being a nuisance to adjacent residential or commercial district. B. Special Uses Any use is permitted in this district provided a special use permit has been issued. Uses which are seen as suitable for the proposed site and which will benefit the Town economically are encouraged to locate within Wake Forest. Conflicting land uses are discouraged but if the proposed use is seen as following the guidelines of the Land Development Plan, and thorough findings offact has been provided, and sufficiency safeguards are provided, consideration will be given to the use. These uses shall in no way be detrimental to public health, safety, and welfare and shall cause little environmental disruption. The location ofsaid industry shall not impose an undue burden on any utilities, facilities or services of the Town. C. Prohibited Uses Any use or trade which, though properly and safely operated with ordinary care, according to good and reasonable practice, causes noxious or offensive odors, gas, fumes, smoke, dust or vibration of noise which substantially interferes with other user of property permitted in the district. SPECIAL INFORMATION Public Utilities: Municipal water and sewer service is available on site. The developer will construct all necessary water and sewer lines and facilities. , Public Services: The property is located in the Wake Forest Extraterritorial Jurisdiction. Municipal services will be provided upon annexation. Transportation: The property has access on Unicon Drive, connecting to One World Way off of Burlington Mills RD. Vehicles per day: five trucks per hour on average based on operations at the RDU Plant and the plant in Durham. SU-04-03 Page 4 Physical Characteristics: The site contains the activity associated with the concrete plant with tree cover and vegetation west of the developed area. The land slopes away from the concrete plant with a shallow draw extending from the southeast corner of the site northwest toward the CSX Rail ROW. Appling Series and Wilkes soils with slopes from 2-10%, affected by storage of recyclable concrete materials and site development. Asphalt Plant Data: Uses such as an asphalt plant are allowed by Special Use Permit in the Industrial District. The proposed asphalt facility would add an asphalt plant, a baghouse (environmental control device), three 200 ton silos for short term storage of mixed asphalt and a storage tank for the asphalt cement. The proposed asphalt facility is being designed as a "Batch Plant" with storage silos to increase the plant production. A "Batch Plant" mixes and distributes asphalt directly to job sites. The NCDENR Air Permit Application includes data indicating the maximum capacity is up to four tons per batch, 80 batches per hour or 100,000 batches per year. A standard truck holds four to five batches. The asphalt supply is estimated to be approximately 70% for public use and 30% for private use (which includes subdivision roads that would ultimately become public streets.) Site Equipment to be Added: Asphalt Facility 1 Pulse Jet Baghouse 1 200 Ton Hot Mix Asphalt Silo 3 Asphalt Cement Storage Tank 1 ANALYSIS In order to grant a special -use permit, required findings of fact as contained in Article VIII., Section 2. of the Zoning Ordinance must be made. Staff offers the following findings of fact based on the submitted application and development plan for consideration: Finding 1: The proposed use or development is located, designed, and proposed to be operated so as not to be detrimental to the public health, safety, and general welfare, in that the proposed plant will be located in an industrial area of similar uses and will be operated in a manner that is not detrimental to the public health, safety and general welfare in conformance with all appropriate federal and state guidelines. Finding 2: The proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities, in that the proposed plant is located in the Extraterritorial Jurisdiction adjacent to the Town's corporate limits in close proximity to US 1 where public facilities and services are available. Water and sewer service is available on site. SU-04-03 Page 5 Finding 3: The proposed use will not substantially injure the value of adjoining or abutting property, in that the proposed plant is to be located in an industrial area adjacent to similar uses and railroad rights -of -way, and the proposed plant shall obtain all Federal, State and Local permits required for operation. Finding 4: The proposed use will not cause undue traffic congestion or create a traffic hazard, in that the proposed plant is located in an area with access to US 1 via Burlington Mills RD, where the existing road network is adequate to support the traffic impacts with approximately five trucks per hour entering and exiting the site and where the site is conveniently located for asphalt delivery. Finding 5: The proposed use will not create undue noise, dust, and gasses, in that emission control systems shall trap and remove fine sand and dust particles, the EPA has deleted asphalt plants from its list of major sources of hazardous air pollutants, and the proposed plant shall obtain all federal, state and local operational permits and continually adhere to those requirements. Finding 6: The proposed use, if developed accordingly to the plan submitted and approved, will be in harmony with the area in which it is located, in that the proposed plant is in an area zoned 1, Industrial District, existing adjacent land uses in the South Forest Business Park are Industrial and buffers are to be provided with existing mature vegetation being preserved. Finding 7: The proposed use or development conforms with the general plans for the physical development of the town, in that the proposed plant is located in the US 1 Highway Corridor, adjacent to the CSX Railroad ROW where industrial uses are encouraged in the US 1 Corridor Plan and the Wake Forest Land Use Management Plan. Finding 8: The proposed use or development meets all other rules and regulations within the zoning ordinance and all existing Town polices, in that the proposed plant will obtain all required operating permits and will submit a development plan which conforms to all existing regulations and policies. RECOMMENDATION Staff recommends approval of the Special Use Permit for a Hot -Mix Batch Asphalt Plant provided the following conditions are met: 1. Master Plan Approval shall be required. 2. There shall be a 50' setback from the CSX Railroad ROW to any building. 3. Maintain an undisturbed vegetative buffer surrounding the site. There shall be a 50' buffer from the southern property line and a 20' buffer on the northern property line. 4. Verify any potential stream buffers with DWQ. 5. Obtain and operate in conformance with all required permits and certifications from applicable regulatory agencies. 6. Petition for annexation. Memo to File: @ Site visit to Ready Mixed Concrete Plant # 31 Permit #_ NCG 140216 and Carolina Sunrock Permit # NCG 140328 I visited the above sites on Monday May 3, 2004 to observe site during a rain event and after a significant rainfall. I met Ray Goodwin, acting Plant Manager, at Ready Mixed Concrete Plant # 31 at 09:25 AM and reviewed his stormwater plan. I then took photographs of the site facing north toward the truck loading area, the southern end of property with trucks and area where excess concrete is dropped from vehicles as parked, the collection tanks and flooded area near the drain collection tanks at the SW corner of property. No stormwater was discharging from the site. It is collected and used in the mixing of concrete at the site. The tanks collect all stormwater that is then used on site. Even after rains the weekend before no discharge was evident at time of inspection. I did not sample the stormwater, but it appears to be contained on the site during at least normal rainfall events. It rained steady for two days prior to visit. While touring the RMC site, 1 observed a silt pond behind their property that belonged to Carolina Sunrock located on the hill above the RMC facility. I took photos of the silt pond and area below the pond. The water observed was cloudy from TSS in the discharge. The runoff from CS drains into the pond and then discharges to the area below the pond. There was no discharge at the time of inspection, but the cloudy conditions in the wet area below pond indicated that discharge had occurred during the weekend. I met with Tim Kopec at Carolina Sunrock at 10:00 AM and reviewed CS Stormwater plan and permit. I took photos of their admix tank area which does not discharge, but is pumped when needed by Noble Oil Recovery. I took photos of truck cleaning in the area and the drainage area looking from the plant down the hill to the pond area. Mr. Kopec stated that CS plans to install a "weir" (catch basin) arrangement similar to RMC in the near future. Tony Samples of CS has requested that we meet him at their RDU facility to observe the changes made at that location. 1 Y Mr. Tony Sample Carolina Sunrock Corporation LOOT West B Street P.O. Box 25 Butner, NC 27509 Dear Mr. Sample: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 12, 2003 Subject: General Permit No. NCGI North Ralcigh Concrete COC NCG 140328 Dta tam County Wa ke, Alan W. Klimeck, P.E. Director Division of Water Quality In accordance with your application for a discharge permit received on August 9, 2002 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 May 9, 1994 (or as subsequently amended). 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, original Signed By` f;lt ; .� aghlJ n WILLIAM C. MILLS Alan W. Klimek, P.E. cc: Raleigh Regional Office Central Files Stormwater and General Permits Unit Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, INC 27699-1617 (919) 733-7015 4 vOF M NCDENR Customer Service 1 800 623-7748 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIR0NMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 CERTIFICATE OF COVERAGE No. NCG140328 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, Carolina Sunrock Corporation Is hereby authorized to discharge stormwater and treated wash water from a facility located at North Raleigh Concrete 5043 Unicon Drive Wake Forest Wake County to receiving waters designated as an unnamed tributary to Smith Creek, Class C NSW waters in the Neuse 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. NCG140000 as attached. This certificate of coverage shall become effective May 12, 2003. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day May 12, 2003. !" t""+itcl Original Signed By WILLIAM C. MILLS Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission �►U 0 1.< N D Div of Water Quality Fax:9197339919 p.or 30 2003 i3:i1 P.02 'c ASUNROCK CAROUNA SUNROCK CORPORATION August 5, 2002 I4s, Aisha Lau Engineer Stormwater Group NCDNVQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: North Raleigh Concrete, MDC Concrete and Asphalt Plant Carolina Sunrock Corporation Wake and Durham Counties respectively Neuse and Cape Fear River Basins respectively Dear i\is. Lau; Please find attached, the required application fees and Notices of Intent for Stormwater General Permits for two sites that my company owns and operated. It has just recently come to my attention that these sites do not have proper permit coverage. We do have SPPP Plans on site, have completed spill related training and have done a race job of monitoring and controlling sormwater. The Muirbead Distribution Center (Iv1)C) site has both a concrete and an asphalt plant and a stone sales distribution yard. I assume that since all of the run-off Eom these areas are commingled, and we have only one discharge poiut, that only one permit would be issued for this site. I completed both the 140000 and the 160000 Notice for this site just in case my as were wrong. I apologize for the late submittals for these sites, but hope the applications will provide the needed information to receive coverage at this time. Please contact me at (919) 575 - 4502 if additional information is required. Sincerely, Carolina Suarock C rporation Tony e, �/�ES Compliance Manager Enclosures CC: Bryan Pfohl, President Stuart Thoutpson, Ex.ecu6ve Vice President P.O. Box 25, Botnec North Caralina 27509 Phone: 919/575-4507 ncouaiT t rnNr.RFTF I AGGREGATES Div of Wat_r Ouality rax:9197339919 A,pr 30 2003 13:11 P. 03 Division of Water Quality / Water Quality Section National Pollutant Discharge Elimination System NCG140000 NOTICE OF 1PQENS National Pollutant Discharge Blmination System application f NCG140000: STORMWATER AND PROCESS WASTEWATER DISCHARGES SIC 3273 Ready Mixed Concrete 1) Mailing address of owner/operator. AUG ' 9 2002 o rage under General L Standard Industrial ClasaifiwFati Code (Please print or typo) Name Carolina Sknrock Corroratior. Street Address 1001 ltiest B Street PC Box 25 City R.a state i'iC ZIP Code 27509 Telephone No. (9-MI*57 02 Fax: (919) 575-45=0 it A ldm9 to which all pennll wnespondc+ice will be malled 2) Location of facility producing discharge: Facility Name :Jor� Raleigh Concre�e COntaol lake')a Ledgepeth Facility Street Address 50p" rUnicon Drive City 6la:ce Forest State VC ZlpCode 275d7 County i+Ia'se ' Telephone No. 1919i 554--0700 Fax:T979 562-6b 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use streat names, state road numbers, and distance and direction from a roadway intersection). ile vrest o intersection at unicon Drive and One World Way. (A copy of a warty map orUSGS quad sheet wdh facility dearly boated on tha map Is mqu:ed to be eubmaad wish tits application) 4) This NPDES Permit Application applies to which of the following : 0 New or Proposed Facility Date operation Is to begin U. ; Existing 5) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Cods (SIC Code) that describes the primary Industrial activity at this fatuity SIC Code: 3 2 7 6) Provide a brief description of the types of Industrial activities and products produced at this facility (Include a site process diagram with this submittal): This site :o:-.sists o: a Ready Mix Concrete Plant. Page 1 of 4 SVAl-229 101701 Div o� Water Oualit, 7ax:9197339919 NCG140000 N.O.I. Aar 30 2003 13:11 P.Oa 7) Discharge points / Receiving waters: How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? 1 What Is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater discharges end up in? Diucharge into wlnamed 'rib to 9 1'th 'Creek If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal stone sewer). Receiving water classification (if known); Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NGG140000 cannot be granted. No new discharges of process wastewater are permitted In receiving waters classified as WS-I or freshwater ORW B) Does this facillty,ttave any other NPDES permits? E): No C7 Yes If yes, list the permit numbers for all current NPDES permits for this facility: g) Does this facility have any Non -Discharge permits (ex: recycle. permits)? 6, No ❑ Yes If you, list the permit numbers for all current Non -Discharge permits for this facility 10) Does this facility employ any beat management practices for stormwater control? 11 No f Yes Ifyes,please brieflydescriba"11 stormwater is di•,rexted and continued in the riser structure located aiong the Southerra end of the site. 11) Does this facility have a Stormwater Pollution Prevention Plan? ❑ No ayes If yes, when was it implemented?October 18, 2001 12) Are vehicle maintenance activities occurring at this facility? No ❑ Yes 13) Are discharges occurring from any of the following process wastewater generating acttvltles7 Vehicle and equipment cleaning U Yes ❑ No Wetting of raw material stockpiles U Yes ❑ No MWng drum cleaning ,0 Yes ❑ No If yes to any of the above, please describe the type of process used to treat and/or recycfe the process wastewater. Give design specifics (I,e, design volume, retention time, surface area, etc.). [Use separate sheet(s)] Note: Construction of any wastewater treatment facilities require submission of three (3) sets of plans and specifications along with this application. Design of treatment facilities must comply with requirements 15A NCAC 2H .0138, Page 2 of 4 swv,729.101701 Div of dater Duality Fax:9197339919 Anr 30 2003 13:i2 P.0S NGG140000 N.O.I. 14) Does the facility use a recycle system? U No ❑ Yes If yes, does the system overflow only during rainfall events exceeding the 1 D-yr, 24-hr rainfall event? ❑ Yes ❑ No if yes, provide plans, calculations, and supporting documentation. 15) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? :Q No ❑ Yes b) is this facility a Small Quantty Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? .0 No ❑ Yes d) If you answered yes to questions b. or c., please provide the following Information: Type(s) of waste: How is material stored: Where Is material stored: _ How many disposal shipments per year. Name of transport / disposal vendor:_ Vendor address: 16) Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any per<,on who knowingly reakas any false statamanf, repreuemalim, or certifi bon In any application, record, report, plan a other doMroont filed a required to ba meiMalnx d under Anlee 21 or rogelattom of the Ervlrorvnerdnl Management Commission ireplemerding fhst Article, or who tatslfles, tampers with or kr�y renders Inaccurate any nMrndrq or rnonilairKi device or method required to be operated a maintalnerd under Article 21 or regufatioar of the Envinxvnantal ManeOemerf Cornrtvssim anpienter" that AAide, shall be guilty of a misdemeaaOr pun-tshabla by a Vro not to exceed $10,D00, or by irrpdsorxnerd not to exceed sac months, or by both. (18 U S.C. SecAi n 1D01 provides a puristvnwA by a fina of not more than $10,000 or impdsonmerd not more than 5 years, or both, for a simiilar offense.) I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requl;ements for the dischsrge(s) and Is enforceable In the same manner as an individual permit. I certify that I am famlilar with the information contained in this application and that to the best of my knowledge and belief such Information is true, complete, and accurate. Printed Name of Person Signing: Title: (Date Signed) Page 3 of 4 . s�,vu-22a1o1yD1 Carolina Sunrock LLC Weir Design North Raleigh Concrete Wake Forest, NC Number of Trucks Located at site: currently 15, Calc for 25 Maximum Washouts per day: currently 70, Calc for 100 Gallons used per washout: between loads 20 gallons, end of day 200 gallons. Water usage — 6500 gallons per day Surface area: Volume: allons: Bay 1: 253 sq ft 495 cu ft 3703 Bay 2: 253 sq ft 396 cu ft 2962 Bay 3: 253 sq ft 495 cu ft 3703 Bay 4: 253 sq ft 396 cu ft 2962 Storage Bay: 674 sq ft 1664 cu ft 12,447 25,777 Free board capacity:—37,800 gallons 0.24 acres draining to weir (including foot print of weir). 10 year stone for Raleigh Area 5.6 inches volume of run off = 5.6l12 x 0.24(43560)= 4879 cubic feet of free boad required. Volume of Freeboard designed = (253(4) + 674) x 3 feet = 5058 cubic feet. ENIP1. EIP - EXISTING IRON PIPE l• _ _ EPK - EXISTING PK NAIL }- `-- `` \ NIP - NEW IRON PIPE SET R/W - RIGHT OF WAY CAN - CABLE TV BOX ^ A �-� ��/ �EB -ELECTRIC BOX ss�. ` ` CAPITOL CONCRETE COMPANY LLC TEL - TELEPHONE PEDESTAL JOYCE HEIGHT CASH �-- S i`� PP - POWER POLE OHL - OVERHEAD LINE LP - LIGHT POLE RIP RAP DITCH - - - — - - - - / 3 y ' V -- ✓ - CULVERT G/ - - EPK i ND. NIP , � S /— - - - - - - - .0 ^WILLIAM C HART ETAL v _ of - -- = - GRADY LLC N Block Retaining Wall EPKOC �����V-� - •. - ,, > , /' O� - '.✓��PP ��=. Ate. �-. �', PP 41 PP EPK -_� - _ ,- -_ - �`�� a; ' -- -- >- � � \� - ( ' � -' - � \ DPP J K s Block Retaining Wall MARTHA E FULLER EIP'- -' BASIN DIMENSIONS Sediment Trap Stora e De th Bottom Width Bottom Length Weir Length A 3 feet 25 feet 50 feet 10 ft B 3 feet 30 feet 60 feet 12 ft C 3 feet 20 feet 40 feet 10 ft TOTAL DISTURBED AREA WILL BE 7.7 ACRES FOR THE ASPHALT PLANT AND ASSOCIATED FEATURES SOUTHERN EQUIPMENT COMPANY CURVE RADIUS LENGTH CHORD BEARING C-1 4762.91' 302,01' 301.96' N 35'57'27" E 1. ELEVATIONS BASED ON NCGS DATUM REFERENCED TO NCGS "SEABOARD" ELEVATION 308.20. 2. CONTOUR INTERVAL = 2', HIGHLIGHTED AT 10' INTERVALS. 3. BOUNDARY AND TOPOGRAPHIC SURVEY BY: CAWIHORNE, MOSS & PANCIERA REGISTERED LAND SURVEYORS, 239 E. OWEN AVE., WAKE FOREST, NC 27587 DATED: NOV. 25, 1997. 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Carolina Sunrocl,� LLC P.O.Box 25 Butner, NC 27509 919-575-4502 Site Technologies, Inc. suRVEYED: P.O.Box 1612 DRAwN: Oxford, NC 27565 919-693-2927 CHECKED: •.• APPROVED: DATE: :I SCALE: --7, 7r - -- - ` CENCRETE 11 Feet Wide x 25 Feet Long 1 Foot I 3 Feet Deep Pump Intake FROI`J VIEW END VIEW *Use pump and pH adjuster as ne�AIA IS__ —lax -.L e1,1 . ..�.". _`r ... . .1 1 , 4. _ , , vx,_--..-_ .--_ _ `Y FNIP) VVI II I)II,)W, �— rt 1 r I � III �� ,Itl i i,il j i.,�� I �� ��� •f� � __ � �..i ` EPK ' / .. 300 , 11 If I I s /4 298 �- I II i I ii I .Ii III !I If CURVE RADIUS LENGTH CHORD BEARING EIP - EXISTING IRON PIPE C-1 4762.91' 302.01' 301.96' N 35.57'27" E EPK - EXISTING PK NAIL NIP - NEW IRON PIPE SET R/W - RIGHT OF WAY CATV EB - -CABLE TV BOX ELECTRIC BOX 1. ELEVATIONS BASED ON NCGS DATUM REFERENCED TO TEL - TELEPHONE PEDESTAL NCGS "SEABOARD" ELEVATION 308.20. PP - POWER POLE 2. CONTOUR INTERVAL = 2', HIGHLIGHTED AT 10' INTERVALS. OHL - OVERHEAD LINE 3. BOUNDARY AND TOPOGRAPHIC SURVEY BY: CAWTHORNE, MOSS & PANCIERA LP -LIGHT POLE REGISTERED LAND SURVEYORS, 239 E. OWEN AVE., WAKE FOREST, NC 27587 - RIP RAP DITCH DATED: NOV. 25, 1997. - CULVERT if i I I rgt 298 ((I - 1 I NIP ,I / ( I 292, . 'Vr ttil I I � i I II 4n ,I "IIIf . �o xxx 290 el tL . If 288 y )84 P • �h I '�A 78l 4 , 9 Cl 03 ry EPIK Nam e 284 / ; L✓ PP !� �7 i Pp �\ �w' I',�• I c I Tn� gso 278 � L, 68 S ` PP , v— 10 EPK�I pp I s25f,0 �274 P , �..' i.,�,\EIP F ,f ' ' ".III ' „ I 1 f � I i , 1 — — , - � �� � r) � � • rs � p'''� , , P lz� ^W ) , EIP,n4 �lb �_- 8 h I---9s�_ \ �� ( '' � of °� s < + Storm Water Runoff Direction CV s" �lt i%ll , PP_ BASIN DIMENSIONS Sediment Trap Storage Depth Bottom Width Bottom Length Weir Length A 3 feet 25 feet 50 feet 10 ft B 3 feet 30 feet 60 feet 12 ft C 3 feet 20 feet 40 feet 10 ft NIPt/, Y ) ( v EP Q 0) rn 4 m• 0 �) I11ll� I III I II.'1 A i I II �r,, I F.I'I II I11' ✓I I I �;I�' I I li�Ifl �,I h I'JII II f nl'I I'I r hid I I )"MI' IIII' 60 30 0 60 120 SCALE 1 "=60' 1t11 I I ', I'I`li II '/I' d I, I Iu✓I IAI .I I � ", I')`) i TOTAL DISTURBED AREA WILL BE 7.7 ACRES FOR THE ASPHALT PLANT AND ASSOCIATED FEATURES bTI,T ,{ II11T i—' I ...,.,i _ _— itS' If III 111 1.• r Ir 11. r��.I i I n 7