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HomeMy WebLinkAboutNCG160082_COMPLETE FILE - HISTORICAL_20160630STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. DOC TYPE E� HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑cowl ly 6 �� 3 YYYYM M DD 1 � r u, a tirFi. f PAT MCCRORY Governor Environmental Quality June 30, 2016 Mr. Hal Byrd, Assistant Plant Manager The Lane Construction Company 3010 Gresham Lake Road Raleigh, NC 27615 DONALD R. VAN DER VAART soomlary Subject: Multimedia Compliance Inspection Lane (Garner) Wake County Dear Permittee: Department of Environmental Quality staff conducted a multimedia compliance inspection of Lane (Garner) on June 20, 2016 for permitted and/or other activities administered by the following Divisions: Division of Air Division of Mineral . Division of Water Division of Waste Quality(DAQ) and Land Resources Resources (DWR) Management (DMLR) (DWM) We hope that you have enjoyed the benefit of our initiative to provide a single inspector capable of handling multiple areas of environmental compliance at your facility. The results of each applicable inspection area and any associated response actions or necessary corrective measures are detailed in the Division specific areas of the attached report. If there are no notes or comments under a specific Division header, you may assume compliance with that particular Division's rules and regulations at the time of inspection. Should violations be noted in the attached report, you may receive separate enforcement related correspondence in addition to this report. If you have any questions regarding this multimedia inspection, please contact Gary Perlmutter at 919- 791-4200 or gary.perlmutter@ncdenr.gov. Thank you for your cooperation. cc: DAQ RRO Files DEMLR (DWR) RRO Stormwater Files Department of Environmental Quality, Raleigh Regional Office Website: http://dcq.nc.gov/ 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive. Raleigh, NC 27609 Fax: (919) 571-4718 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secramry June,30, 2016 Hal Byrd, Assistant Plant Manager The Lane Construction Corporation 3010 Gresham Lake Rd Raleigh, NC 27615 Subject: NPDES Stormwater Compliance Evaluation Inspection Certificate of Coverage No. NCG160082 Lane (Garner) Wake County, North Carolina Dear Mr. Byrd: Staff from the Department of Environmental Quality (DEQ) conducted a stormwater inspection on June 20, 2016, as part of a multimedia inspection of your facility. The assistance provided by Mr. Greg Davis and Mt. Jamie Backus, during the inspection was greatly appreciated. The inspection report is attached. Findings during the inspection were as follows: 1. Certificate of Coverage (COC) No. NCG160082 under NPDES General Permit NCG160000 was issued to Lane (Garner) to discharge stormwater runoff to White Oak Creek (Austin Pond), a Class.C, NSW stream, in the Neuse River Basin. 2. The facility has developed and implemented a stormwater pollution prevention plan (SPPP).. A review of the plan indicated that it included all components required by the general permit. Semi-annual qualitative and analytical monitoring has been conducted at two stormwater discharge outfalls (SDOs), as required by the General Permit. However, some reports were missing and two exceedences were reported that were not followed by response actions, which are considered violations of permit conditions in your general permit. A Notice of Violation has been sent to you separately. 4. Both SDOs were observed and found accessible. 5. No separate wastewater discharges were observed. Raleigh Regional Office1628 Mail Service Center, Raleigh, North Carolina 27699-1628 Phone: 919-791-4200 / FAX: 919-571-4718 / Internet: fttp://portal.nedenr.org/web/Ir/ An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Page 2 of 2 Please respond in writing to DEQ Raleigh Regional Office regarding Item 3 within 60 days of receipt of this letter. If you have any questions regarding the attached report or any of the findings, please contact Gary Perlmutter at 919-791-4200 (or email: gary.perlmutter(iDncdcnr.gov). Sincerely ` 9 Gary Perlmutter Environmental Specialist NC Dept. of Environment Quality Division of Air Quality Raleigh Regional Office Enclosure: Compliance Evaluation Inspection Form cc: Central Files RRO SWP/Stormwater files Compliance Inspection Report Permit: NCG160082 Effective: 10/02/14 Expiration: 09/30/19 Owner: The Lane Construction Corporatlon SOC: Effective: -. Expiration: " Facility: LANE (Gamer) County: Wake 1201 E Gamer Rd Region: Raleigh - Garner NC 27529 Contact Person: Jamie Backus Title: Phone: 919-772-6366 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Corporate Responsible Official Greg Davis 704-395-3264 On -site representative Jamie Backus 919-772-6366 Related Permits: .Inspection Data: 06/20/2016 EntryTime:_ 09:30AM Exit Time:,. 12:45PM Primary Inspector: Gary Perlmutter Phone: 919-791-4279 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC Facility Status: ❑ Compliant Not Compliant Question Areas: ® Storm Water (See attachment summary) Page: 1 Permit: NCG160082 Owner -Facility: The Lane Construction Corporation Inspection Date: 06/20/2016 Inspection Typo: Compliance Evaluation Reason for Visit: Routine Inspection Summary: . On June 20, 2016, 1 (Gary Perlmutter, DAQ-RRO) visited Lane (Garner) for a multimedia inspection. There I met with Mr. Jamie Backus, Plant Supervisor, and Mr. Greg Davis, Environmental Coordinator. We first rewiewed permit stipulations and required records for complaince with General Stormwater Permit No. NCG160082, dated September 30, 2014, The SPPP was found to be dated 2014, to which Mr. Davis indicated that he is currently reviewing it as one of his tasks as the Company's new Environmental Coordinator. The SPPP was fairly well organized, however some Qualitative and Analytical reports were found missing. Facility personnel contacted the analytical laboratory for the missing reports, of which they were e-mailed one report for samples collected in July 2015. Reports for the second half of 2012 and the first half of 2014 were still unaccounted for. The analytical report for sampling in December 2014 showed an exceedence of 109 TSS, and that for samples collected in December 2013 showed an exceedence of 329 mg/L TSS. Neither exceedence was followed up with TIER ONE investigation. Mr. Backus and Mr. Davis noted that moving forward they will plan to sample for the current Monitoring Period ending June 30, 2016, as rain is expected on Friday, June 24, 2016. During the tour all tanks were observed with secondary containment walls, in which Mr. Backus indicated are empited via pump (no valves or open-ended pipes were observed). Both outfall pipes were observed, and they appeared well maintained for easy sampling access. Page: 2 Permit: NCG160082 Inspection Data: 06/20/2016 Analytical Monitoring Has the facility conducted its Analytical monitoring? Owner - Pacility:The Lane Construction Corporation Inspection Type : Compliance Evaluation Reason for Visit Routine Yes No NA NE ❑®❑❑ If Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ® ❑ Comment: Analytical Reports missing for 2nd half of 2012 & 1 st half of 2014. No response actions taken for TSS exceedences in 2nd half of 2013 (329 mq/L) & 2nd half of 2014 (109 mq/L). Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ®❑ ❑ ❑ # Were all outfalls observed during the inspection? ®❑ ❑ ❑ # If the facility has representative outfall status, is it property documented by the Division? ❑ ■ ❑ ❑ # Has the facility evaluated all illicit (non stormwaler) discharges? ®❑ ❑ ❑ Comment: Two outfalls were observed: SDO 1 and.SDO 2. which lie on opposite sides of the facility. The facility's Certificate of Coverage was observed with the recieving waters identified as White Oak Creek (Austin Pond). The pond is the receiving water for SDO 2 which appears to have no outflow, but is situated above an unnamed intermittent stream of White Oak Creek. SDO 1 lies above a slope that drains to White Oak Creek. The facility has no representative outfall. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ i ❑ ❑ Comment: Qualitative Monitoring Reports missing for 2nd half of 2012, first and second half of 2014 Stormwater Pollution Prevention Plan Does the site have a Stormwater Pollution Prevenllon Plan? # Does the Plan include a General Location (USGS) map? # Does the Plan include a "Narrative Description of Practices"? # Does the Plan include a detailed site map including outfall locations and drainage areas? # Does the Plan Include a list of significant spills occurring during the past 3 years? # Has the facility evaluated feasible alternatives to current practices? # Does the facility provide all necessary secondary containment? # Does the Plan include a BMP summary? # Does the Plan Include a Spill Prevention and Response Plan (SPRP)? # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? # Does the facility provide and document Employee Training? # Does the Plan include a list of Responsible Party(s)? # Is the Plan reviewed and updated annually? Z�E7:f•7:Li.L ®❑ ❑ ❑ ® Cl ❑ ❑ ® ❑ ❑ ❑ ®❑❑❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ® ❑ ❑ ❑ FEW ".I■T Page: 3 permit NCG160082 Owner • Facility: The Lane Construction Corporation Inspection Date: 06/20/2016 Inspection Type: Compliance Evaluation Reason for Visit Routine Stormwater Pollution Prevention Plan Yes No NA NE # Does the Plan Include a Stormwater Facility Inspection Program? ® ❑ ❑ El Has the Stormwater Pollution Prevention Plan been implemented? ®El El ❑ Comment: The facility's SPPP is being reviewd and revised by Company's new Environmental Coordinator Greg Davis. at time of inspection. Page: 4 NORTH CAROLINA DIVISION OF AIR QUALITY r Inspection Report Date: 06/21/2016 Facility Data LANE (Garner) 1201 East Gamer Road Gamer, NC 27529 Lat: 35d 42.1080m Long: 78d 34.0140m . SIC: 2951 / Paving Mixtures And Blocks NAICS: 324121 / Asphalt Paving Mixture and Block Manufacturing Contact Data Facility Contact, Authorized Contact Technical Contact Jamie Backus Robert Spencer Greg Davis Plant Supervisor District Manager Environmei (919)524-9152 (919)876-4550 E 6.' inato: Comments: Appeared to be in compliance•` Inspector's Signature: 7 Date of Signature: I . Total Actual -emissions in TONCNFAR- Raleigh Regional Office LANE (Garner) NC Facility ID 9200338 County/FIPS: Wake/183 Data Permit 05747 / R14 Issued 1/10/2013 Expires 12/31/2017 Classification Synthetic Minor Permit Status Active Current Permit Application(s) None Program Applicability SIP NSPS: Subpart I Compliance Data Inspection Date 06/20/2016 Inspector's Name Gary Perlmutter .Operating.Status.Operating . _ Compliance Code Compliance - inspection Action Code FCE On -Site Inspection Result Compliance TSP S02 NOX VOC CO PM10 *HAP 2011% 1.20 15.86 5.20 0.9000 3.30, 1.0000 56.90 2006 4.80 15.37 7.50 4.20 12.00 3.00 550.00 Five Year Violation History: Date Letter Type 10/19/2011 NOV Date (n Test Results Rule Violated Part 60 - NSPS Subpart I Hot Mix Asphalt Facilities None Test Methods) * Highest HAP Emitted (i Violation Resolution Date 11/08/2011 Source(s) Tested DIRECTIONS: From RRO take the beltline east to 140 East toward Wilmington/Benson. Take exit 303 for Jones Sausage Rd and turn right. Tom left on East Gamer Rd. (SR 1004). Go north over 140 and facility will be approx. 1/2 mile on left (after the Martin Marietta Quarry). i P p.. J 2 � 9290338 fit, ection Re �>>t Pa,_g-,.,-.. (H) FACILITY DESCRIPTION: LANE produces hot -mix asphalt. The LANE (Gamer) Plant is a parallel flow, drum -type Hot Mix Asphalt (HMA) plant. When operational, the plant typically has 3 employees on site and operates 40 hours/week. The facility started in 1985 and began production in 1989. The plant makes various mixes, dependent on the job requirements. Base mixes and binder mixes are produced, although several types of surface mixes constitute 60-65% of their operations. Aggregate mixes will vary, although a typical mix would be 25% stone, 33% regular screening, and 42% washed screening. The plant does re -introduce the particles caught in the baghouse back into the mix. Safety notes: Standard PPE (steel toe shoes, hard hat, safety glasses) is required plus a reflective safety vest. (IH) INSPECTION SUMMARY: On June 20, 2016, I (Gary Perlmutter), inspected the Lane asphalt facility in Garner as part of a multimedia inspection. I met with Mr. Jamie Backus who is the foreman of the site and Mr. Greg Davis, the company's new Environmental Coordinator. We reviewed the permit conditions and required records — all seemed in order. We then toured the facility, where all equipment was seen running with only steam emissions observed from atop the asphalt silos; Overall, the facility appeared well nun from an air quality standpoint — further details follow. (IV) PERMITTED EMISSION SOURCES: 4 Emrssion Emission Source Control Control System'. Source ID j Description System ID Description Portable Drum Mix Asphalt Plant (400 tons per hour maximum design production rate, 300 tons per hour Permitted Production rate) consisting of: ES-5 1Ihot mix storage silo (200 ton capacity) with associated conveyor 41 N/A ;� N/A ! _... _ ..... ES 6 !Ihot mix storage silo (200 ton capacity) with associated conveyor 1 N/A N/A natural gas/ No. 2 fuel oil/ No. 2 recycled fuel oil / No. 4 fuel oil / ES-1A' J No. 4 recycled fuel oil / No. 5 fuel oil / No. 5 recycled fuel oil -fired bagfilter (10 067 j i CD-lA.+ , square feet of filter I (N! 1 rotary drum mix asphaltic concrete plant (100 mmBtu/hr maximum area), heat input) ES-2A Aggregate screen unit (5 feet by 12 feet) with six (6) associated j N/A N/A storage bins Recycled asphalt product (RAP) screen unit (4 feet by 8 feet) with ES-4A ; N/A N/A ;three (3) associated storage bins r ES 7 truck loadout N/A _ - _ -- -.- natural gas/No 2 fuel oil -fired hot oil heater (2.20 million Btu per i N/A N/A ES-8 Ihour maximum heat input)' it All equipment was verified and observed imoperation.. ; r (V) SPECIFIC CONDITIONS AND LIMITATIONS: Al The Pemrittee shall.comply with NCAC, Subchapter 2D-.0202, 2D .0506, 2D .0516 2D :0521, 2D .0524 (40 CFR 60, Subpart I), 2D .0535, 213.0540, 2D .0611, 2D .1100, 2D .1806, 2Q .0315, 2Q .0317, 2Q .0700 and 2Q.0711. Appeared to be in compliance — see below. a r A.2 PERMIT RENEWAL AND EMISSION INVENTORY REOUIREMENT - The Permittee, at least 90 days prior to the expiration date of this permit, shall request permit renewal and submit the air pollution emission inventory report for the 2016 calendar year. Appeared to be in compliance — I reminded the facility personnel of this condition. A.3 PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0506 "Particulates from Hot'Mix Asphalt Plants," a. Particulate matter emissions resulting from the operation of a hot mix asphalt plant shall•notexceed ;allowable emission rates. b. Visible emissions from stacks or vents at a hot mix asphalt plant shall be < 20 % opacity averaged over six, minutes. c. Fugitive dust emissions shall be controlled as required by 15A NCAC 2D .0540. d. Fugitive emissions for sources at a hot mix asphalt plant not covered elsewhere under this Rule skull not exceed 20 9 20033 8 Inspection Report Pane 13 percent opacity averaged over six minutes. e. All hot mix asphalt batch plants shall be equipped with a scavenger process dust control system for the drying, conveying, classifying, and mixing equipment. The scavenger process dust control system shall exhaust through a stack or vent and shall be operated and maintained in such.a manner as to comply with the allowable particulate emission rate and opacity limit of this Rule. . Appeared to be in compliance — no visible emissions other than steam were observed from the asphalt plant during the inspection. AA SULFUR DIOXIDE (SO2) CONTROL REQUIREMENT - As required by 15A NCAC 2D .0516, S02 emissions from the combustion sources shall not exceed 2.3 pounds per million Btu heat input. Appeared to be in compliance — the facility runs only on natural gas for over three years according to Mr. Backus. Natural gas is inherently low in sulfur, so compliance is espected. A.5 VISIBLE EMISSIONS (VE) CONTROL REQUIREMENT - As required by 15A NCAC 2D .0521, VE from the emission sources, manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged over a six -minute period. Appeared to be in compliance — no VE other than steam were observed from the asphalt plant during the inspection. A.6 15A NCAC 2D .0524 "NEW SOURCE PERFORMANCE STANDARDS (NSPS)" - For the asphalt plant (ID No. ES -IA), the Permittee shall comply with NSPS as promulgated in 40 CFR 60, Subpart I, including Subpart A "General Provisions." a. NSPS Emissions Limitations - As required by 15A NCAC 2D .0524, the Pernuttee shall not discharge or cause the discharge into the atmosphere from any affected source any gases which: i. Contain particulate matter in excess of 90 mg/dscm (0.04 gr/dsco; or ii. Exhibit 20 percent opacity, or greater. b. Recordkeeping Requirement - As a result of the March 1, 2012 compliance test, the asphalt production shall not exceed 300 tons per hour. For each day of operation, the Permittee shall maintain records showing the total production in tons, the hours of operation, and the highest targeted hourly production rate for that day. Appeared to be in compliance — no VE other than steam were observed from the asphalt plant during the inspection. I reviewed the facility production records, which showed daily averages to be about 140 tons'per day. A.7 NOTIFICATION REQUIREMENT - As required by 15A NCAC 2D .0535, the Permittee of a source of excess emissions that last for more than four hours and that results from a malfunction, a.breakdown of process or control equipment or any other abnormal conditions, shall notify DAQ by the next business day. . Appeared to be in compliance — Mr. Backus indicated that no such incidents have occurred. Mr. Backus added that if any upset were to occur, Company policy dictates to shut down the plant immediately. A.8 FUGITIVE DUST CONTROL REQUIREMENT - As required by 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources," the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess VE beyond the property boundary. Appeared to be in compliance — no fugitive dust was observed leaving the property; no complaints are on file against the facility. A.9 FABRIC FILTER REQUIREMENTS - As required by 15A NCAC 2D .0611, particulate matter emissions shall be controlled as described in the permitted equipment list. a. Inspection and Maintenance (I&M) Requirements - the Permittee shall perform at least an annual internal inspection of each bagfilter system. The Permittee shall perform periodic I&M as recommended by the equipment manufacturer. b. Recordkeeping Requirements - The results of all inspections and any variance from manufacturer's recommendations shall be investigated with corrections made and dates of actions recorded in a logbook. Records of all maintenance activities shall be recorded in the logbook. The logbook shall be kept on -site and made available to DAQ personnel upon request. Appeared to be in compliance — I reviewed the baghouse logbook and found it complete and up-to-date with entries made every 2-3 months. 9200338 Inspection Iteport----v`----------------_.__.. 11_`'b 14 . A.10 TOXIC AIRTOLLUTANT EMISSIONS LIMITATION AND REPORTING REQUIREMENT -Pursuant to 15A NCAC 2D .1100 "Control of Toxic Air Pollutants," and in accordance with the approved application for an air toxic compliance demonstration, the following permit limits shall not be exceeded (see permit for list). Appeared'to be in compliance - compliance was determined during permit review. Provided the facility is properly run, compliance is assumed. The facility appeared well run and maintained from an air quality standpoint during the inspection. A.11 CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A NCAC 2D .1806, the Pennittee shall prevent odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility's boundary. Appeared to be in compliance - while mild asphalt odors were detected onsite during the inspection, no objectionable odors were detected outside:the property. No complaints are on file against the facility. A.12 LIMITATION TO AVOID 15A NCAC 20 .0501 - Pursuant to 15A NCAC 2Q .0315 "Synthetic Minor Facilities," to avoid the applicability of 15A NCAC 2Q .0501 "Purpose of Section and Requirement for a Permit," as requested by the Permittee, facility -wide emissions shall be less than the following: Emission Limit consecutive. I2-month period) SOi' 100 CO 100 a. Operations Restrictions - the following restrictions shall apply: i. The amount of asphalt produced shall be less than 1,300,000 tons per consecutive. I 2-month period. ii. The sulfur content of all fuels shall be limited to 0.5% sulfur by weight. iii. If multiple fuels are used, emissions should be determined using the sum of the individual emissions rates. b. Recordkeepine-Requirements- .. -- -- - - - - - -- - i. The Permittee shall recordmonthlyand total annually the following: A.. The amount of asphalt produced in tons. ii. Fuel supplier certification shall be kept on -site and made available to DAQ personnel upon request.; . c. Reporting Requirements - Within 30 days after each calendar year, the Permitiee shall submit the following: i. Monthly and 12-month totals for the previous 12-month period of: A. Amount of asphalt produced in tons. . B. SO2 and CO emissions: Appeared to be in compliance - I reviewed facility production spreadsheets to find them complete and up-to-date with the current 12-month rolling average of 10,975 tons asphalt from May 2014 to May, 2015. The facility only burns natural gas to operate the plant, although permitted to run on other fuels. I had reviewed the 2015 annual report, which was received on January 28, 2016 and contained the following totals: 9,256 tons asphalt produced; 0.60 tons CO and 0.27 tons SOz emitted. A.13 VENDOR SUPPLIED RECYCLED No(s). 14 and 5 FUEL OIL REQUIREMENTS - In accordance with Rule 2Q .0317, the Permittee is avoiding, the applicability of Rule 2Q .0700 by using recycled fuels which are equivalent to their virgin counterparts. The Permittee is allowed to use the recycled fuel oil(s) supplied by a DAQ-approved vendor. Appeared to be in compliance - The facility is not using recycled fuel oil at this time and has not for over three years.. The previous inspection report notes:. "The last delivery of No. 4 fuel oil was December 4, 2013 for 6,743 gallons''The facility maintains copies of the fuel certifications. A.14 15A NCAC 20.0700 ARSENIC TPER REVIEW. This stipulation is a statement that the TPER for arsenic is under review. Once the review is completed, and if the current threshold is changed then the facility may have to show compliance with the new level. Appeared to be in compliance - the previous inspection report notes that the review process is now complete and that this stipulation will be removed in the next permit revision., A.15 TOXIC AIR POLLUTANT EMISSIONS LIMITATION REQUIREMENT Pursuant to 15A NCAC 2Q .0711 "Emission Rates Requiring a Permit," for each of the permit listed toxic air pollutants (TAPS), the Permittee has made a demonstration that facility -wide actual emissions do not exceed the Toxic Permit Emission Rates (TPERs) listed in 15A NCAC 2Q .0711. The facility shall be operated and maintained in such a manner that emissions of any listed TAPS from the facility, including fugitive emissions, will not exceed TPERs listed in 15A NCAC 2Q .0711. Appeared to be in compliance - the facility appeared well run and maintained during the inspection; compliance is assumed. r,92j0338 1nspcctian Rep 6rt I' age 15 (VI) GENERAL PERMIT CONDITIONS: B.5 REPORTING REOUIREMENT - Any changes that would result in previously unpermitted, new, or increased emissions must be reported to the Regional Supervisor,.DAQ. Appeared to be in compliance — Mr. Backus and Mr. Davis said that no such changes have been made nor are any planned. B.14 PERMIT RETENTION REOUIREMENT - The Permittee shall retain a current copy of the. air permit at the site. The Permittee must make available to personnel of the DAQ, upon request, the current copy of the air permit for the site. Appeared to be in compliance — Mr. Backus presented a copy of Air Permit No. 057471114 during the Inspection. B.15 CLEAN AIR ACT SECTION 112(r) REOMREMENTS - Pursuant to 15A NCAC 2D .2100 "Risk Management Program," if the Permittee is required to develop and register a risk management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the Permittee is required to register this plan with the USEPA in accordance with 40 CFR Part 68. Not Applicable — the facility is not subject to the 112(r) rule. (VII) Source ! Exemption Regulation Source of i Source of Ti a V! TAPS. Pollutants. IS-1 -liquid asphalt cement tank ! j c)( (30,000 gallon capacity) 2Q .0102 (1)(L)(xu) Yes Yes IS-2 - anti -strip additive tank 2 500 allon ca acit 2Q 0102 (c)(1)(L)(xu) Yes I Yes IS-9 - fuel oil storage tank (29,000 gallon capacity) 2Q .0102 (c)(1)(D)(t) Yes l !=Yes IS-10 -fuel oil storage tank 2Q, 0102 (c)(1)(D)(t) Yes Yes (20,000 gallon capacity) All tanks were observed onsite; no additional insignificant / exempt sources were observed during the inspection. (VIM EMISSIONS INVENTORY REVIEW: Between emission inventory years 2006 and 2011, nearly all criteria pollutants plus the highest HAP emissions, have decreased..Only SOi emissions had increased, but not significantly at 3.2%. Per Yuki Purham's review of the 2011 emissions inventory: "Corrected tetrachlorodibenzo-p-dioxin emissions to 0 from 37 lbs/yr on July 25, 2013. It was supposed to be 3.75e-09. " (DC) PERFORMANCE TEST REVIEW: A review of DAQ files revealed the following testing: • March 1, 2012 — the asphalt plant was tested by Methods 5 and 9 for NSPS Subpart I compliance. Yuki Purham observed the test. Results of 0% opacity average VE demonstrated compliance. • June 26, 2008 — the asphalt plant was tested by Method 9 for NSPS Subpart I, for the use of No. 4 recycled fuel oil. Matt Mahler observed the test. Results of 2.5% opacity average VE demonstrated compliance. The current permit does not have a testing requirement. (X) COMPLIANCE HISTORY: A review of DAQ files revealed the following permit violations by the facility: • October 18, 2011 — an NOV was issued for a late report. • June 30, 2010 - an NOV was issued for failure to maintain the facility (B.6) and for failure to maintain production recordkeeping. All violations have been resolved. (XI) CONCLUSIONS/RECOMMENDATIONS: At the time of the inspection, LANE (Gamer) appeared to be in compliance with its air permit. I recommend to inspect the facility again next year. :�� ���, �i 1y1r`F %l f�M1 �. h L 'k`i �� - ,,F��,. North Carolina Beverly Eaves Perdue Governor Robert spencer 'I ile LANF, Construction Corp 3010 Gresham Lake Rd Raleigh, NC: 27605 Dear Mi. Spencer: gq� c d NCDE ` R Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Director November 30, 2012 Dee Freeman Secretary DEC - 5 2012 FdC--- OEN—E R eleigh Regional Office Subject: NPDES General Permit NCG 160000 Certificate of Coverage NCG 160082 LANE (Garner) Formerly Rea Contracting (GarllerO83) Wake County Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and facility name. Please find enclosed the revised Certificate of Coverage. "file 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 919-807-6300. Sincerely, ORIGINAL SIGNED 6) KEN PICKLE for Charles Wakild, P.E. cc: Raleigh Regional Office Central Files Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 91 M07-6300 t FAX 919_807-6494 \ Customer Service: 1-877-623-6748 Internet: w .nmaterquality.org An Equal opportunity 1 Affirmative Action Employer One North Carol i n a Naturally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OI' WATER QUALITY GENERAL PERMIT NO. NCG 160000 CERTIFICATE OF COVERAGE No. NCG160082 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 pronndgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The LANE Construction Corp is hereby authorized to discharge stormwater from a facility located at LANE (Garner) 1201 E. Garner Rd Garner Wake County to receiving waters designated as a UT to Bi-, Branch, 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 I, II, III, IV, V and VI of General Permit No. NCG 160000 as attached. This certificate of coverage shall become effective November 30. 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 30.2012. ORIGINAL SIGNED Bl KEN PICKLE. for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission I11 rY YA �C® NR North Carolina Department of.Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Dee Freeman Director Secretary December 4, 2009 Marcus I -tackler t Rea Contracting, A Division of The Lane Construction Corp. � �E� — � 8205 Wilkinson Blvd. ! 2M9 Charlotte, NC 28214-7006 Subject: NPDES General Permit NCG160000 Certificate of Coverage NCG 160082 Rea Contracting (Garner) Formerly Rea Contracting, LLC Wake County Dear Mr. Hackler: On October 1, 2009, division personnel received your request to revise your storinwater pcnnit Certificate of Coverage to accurately include your new company name. 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 Stonnwater Permitting Unit at 919-807-6303. Sincerely, Coleen 1-I. Sullins cc: DWQ Central Files Raleigh Regional Office '`Storn water Penmitting Unit .Wake County Wetlands and Stormwater Branch 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 I Customer Service: 1.877-623-6748 Internet: w .ncwaterquality.org One NorthCa-rolina Natural& An Equal opportunity 1 Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMIINT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CF,RTIF[CA1'Is OF COVERAGE No. NCG160082 STORMWATER DISCHARGES In compliance with the provision of North Carolina General Statute 143-215. I, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Rea Contracting, A Division of The Lane Construction Corp. is hereby authorized to discharge stormwater from a facility located at Rea Contracting (Garner) 1201 East Garner Road Garner Wake County to receiving waters designated as a UT of Big Branch Creek in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, IT, III, IV, V and VI of General Permit No. NCG 160000 as attached. This certificate of coverage shall become effective December 4, 2009. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day. December 4, 2009. pp �P J Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission o nnnn r Q Mr. Gene Mills Rea Contracting, LLC 8205 Wilkinson Boulevard Charlotte, NC 28214-7006 cs ) Michael F. Easley v Governor `O William G. Ross Jr., Secretary rJ Department of Environment and Natural Resources r/ Alan W. Klimek, P.E. Director Coieen H. Sullins, Deputy Director i / Division of Water Quality September 7, 2004 SUBJECT: Assessment of Civil Penalties Rea Contracting, LLC — Garner 083 Wake County Case No. PC-2004-0007 Dear Mr. Mills: CERTIFIED MAIL RETURN RECEIPT REQUESTED This letter transmits notice of a civil penalty assessed against Rea Contracting, LLC in the amount of $3.177.03 which includes $177.03 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), including the failure to resolve the enclosed violations, may be the subject of new enforcement actions, including additional penalties. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. 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: Mr. Shelton Sullivan DWQ — NIPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 _ NCOENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/AKrmative Action Employer 50% recycled/ 10% postconsumer paper hhp://h2o. encstate. nc. us w• Rae Contracting, LLC Wake County PC-2004-0007 Page 2 of 3 2. Submit a written request for remission or mitigation 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 must be accompanied by 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 form 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 Mr. Shelton Sullivan DWQ — NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 10% post -consumer paper hnp://h2o. enr.state.nc.us NQDENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 AND Rae Contracting, LLC Wake County PC-2004-0007 Page 3 of 3 Mail or hand -deliver a copy of the petition to: Mr. Dan Oakley �^ NCDENR S� O� +f Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 /f And to: Mr. Shelton Sullivan DWQ — NPS Assistance & Compliance Oversight Liiti6) 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Failure to exercise one of the options above within thirty days, 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. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shelton Sullivan at (919) 733-5083 extension 544. Sincerely, Jeffrey 0. Poupart Division of Water Quality JOP/sos ■/ICIC.uiT`7 cc: Ken Schuster - Raleigh Regional Office Supervisor (Jerry-Rimmer-_Raleigh.Regional_Offic DWQ — NPS Assistance & Compliance Oversight Unit Water Quality Central Files Susan Massengale, PIO Customer Service: Mailing Address: Telephone (919) 733-5083 1-8T7-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 10% post -consumer paper h ttpY1h2o. en r s to te. n c. us AE !4C{{MENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 JUSTIFICATION FOR RENIISSION REQUEST DWQ Case Number: PC-2004-0007 County: Wake Assessed Party: Rea Contracting, LLC Amount [Assessed: $3,177.03 Permit No. (if applicable): NCG160000, COC # NCG160082 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 remainin- 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 COUNTY OF Wake IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Rea Contracting. LLC ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. PC-2004-0007 .Having been assessed civil penalties totaling $ 3,177.03 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated August 26. 2004 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 ADDRESS TELEPHONE SIGNATURE STATE OF NORTH CAROLINA 1*1*19jff &9Td&T.r.40 IN THE MATTER OF ) REA CONTRACTING, LLC ) FOR VIOLATIONS OF PERMIT CONDITIONS ) OF NPDES PERMIT No. NCG160000 ) CERTIFICATE OF COVERAGE No. NCG160082 ) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES - Case No. PC-2004-0007 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey 0. Poupart of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Rea Contracting, LLC is a company organized and existing under the laws of North Carolina. B. Rea Contracting, LLC owns and operates an asphalt plant located at 1201 East Gamer Road, Garner, Wake County, North Carolina. C. Gene Mills is Facility Services Manager for Rea Contracting, LLC and is legally responsible for the permit. D. Rea Contracting, LLC was issued a Certificate of Coverage # NCG160082 for the Gamer 083 location under NPDES Permit No. NCG160000 on July 27, 1999 with name change approval issued December 19, 2003 effective August 1, 1999 with a permit expiration date of July 31, 2004. E. On March 31, 2004, DWQ - Raleigh Regional Office staff performed an unannounced permit compliance inspection of the facility. F. Permit NCG160000 Part 11 Section A (8): requires facilities to have an 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, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part 11 of this permit shall be performed in addition to facility inspections. Rea Contracting, LLC - Garner 083 Page 3 of 3 Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Rea Contracting, LLC is hereby assessed a civil penalty of: $ 1 000 For I of six (6) violations of NCG160000 (COC 160082) Part II Section A (8) and Part H Section B for failure to sample, monitor and record stormwater discharged from the site. $ 4 OHO For of sixteen (16) violations of NCG160000 (COC 160082) Part II Section A (8) and Part II Section C for failure to monitor and record stormwater discharged from the site. $ 177.03 Enforcement costs. $ 3,17703 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the factors set out in G.S. 143B-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 violations; (2) The duration and gravity of the violations; (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 violations were 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 �4 0 (Date) frey O. Poupart Division of Water Quality I (9) 8205 Wilkinson t30ulcvard Charlouc, NC 28214 Telephone 704 394 8354 • Facsimile 704 394 5354 June 1, 2004 VIA FACSIMILE & U.S. MAIL Mr. Ken Schuster, P.E. Regional Water Quality Supervisor Division of Water Quality North Carolina Department of Environment and Natural Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Response to Notice of Violation (NOV-2004-PC0025) issued to Rea Contracting, LLC's Garner Road Asphalt Facility regarding its Stormwater General Permit NCG160082 Dear Mr. Schuster: On May 12, 2004, Rea Contracting, LLC ("Rea Contracting") received a Notice of Violation (NOV-2004-PC0025) ("NOV") for its Garner Road Asphalt Facility (`Rea Contracting" or "Gamer Road Facility" or "Facility") regarding its Stormwater General Permit - NCG160082. I currently serve as the "Responsible Party" for the Garner Road Facility's Stormwater General Permit (`General Permit") and as requested, respond below to the alleged violations specified in the NOV. As a preliminary matter, we note that the NOV (and accompanying Inspection Checklist) correctly indicate that our records of employee training are complete. However, the NOV also states that the Facility's Stomiwater Pollution Prevention Plan (SPPP) does not contain a description of employee training conducted at the Garner Road Facility. Upon review of the General Permit, we are not aware of any requirement that the SPPP contain a description of employee training. Furthermore, documents on site and present at the time of the inspection contained information regarding the scope and content of our employee training. Accordingly, we do not consider the reference within the NOV to a description of employee training to be a violation. We appreciate, however, your recommendation to include a description of our employee training in our SPPP and are currently working on preparing a description and including it in our SPPP. We anticipate that the description may include the following: I From the inception of its Stormwater General Permit, Rea Contracting has annually trained its employees on its Stormwater Pollution Prevention Plan, proper spill response and cleanup procedures, as well as preventative maintenance activities to minimize and prevent stormwater pollution. Our employees are trained in stormwater pollution prevention during their initial orientation. At orientation, each employee receives specific instructions on housekeeping, maintenance and spill response techniques relative to stormwater pollution prevention. Employees also receive detailed instructions on how to conduct and document the Facility's Qualitative and Analytical Monitoring. In addition, every six months, each employee receives retraining on stormwater pollution prevention. Finally, a copy of our SPPP, which specifically addresses stormwater discharges at our Facility, as well as how to conduct Qualitative and Analytical Monitoring, is located in the Plant Supervisor's office at all times. Please let us know whether you have comments regarding the above description so that we may expeditiously address your recommendation. Nonetheless, I have outlined and responded to each of the alleged violations detailed with the NOV below: 1. Alleged Violation 1: No evidence that any analytical sampling had occurred as required by permit, and no documentary evidence that the analytical portion of the SPPP was implemented as required in the permit. We are currently in the process of ensuring that Analytical Monitoring occurs on an annual basis at our Facility and that records are generated and maintained regarding such monitoring in compliance with our General Permit. Specifically, we are currently taking the necessary steps to ensure that adequate sampling and records of our Analytical Monitoring are maintained at the Facility. We have appointed our Plant Supervisor the responsibility of both performing the sampling and adequately recording the results. We have also directed the Area Manager to conduct a quarterly inspection of all SPPP records, and I will perform annual inspections to ensure that both the Plant Supervisor and the Area Manager are generating and maintaining adequate records of our Analytical Monitoring. 11. Alleged Violation 2: No record of semiannual inspections as required by the permit. At the time of the inspection, we were unable to produce records reflecting the Facility's Qualitative Monitoring. Nonetheless, our employees, having been trained in our SPPP, periodically inspected our two stormwater outfall locations for the visual factors listed within the General Permit. In addition, both of these outfall locations are in close proximity to the Facility so any visual pollution would have also been readily apparent to employees at the Facility when they were not undertaking their periodic inspections. Finally, our employees are instructed under the SPPP training to inform me if any stormwater pollution is apparent at our outfalls. None of our employees have reported any visual signs of pollution (sheens, sediment, foam, etc.) at either of our stormwater outfall locations. However, we are currently taking the necessary steps to ensure that adequate records of all Qualitative Monitoring are maintained at the Facility. We have appointed our Plant Supervisor the responsibility of performing the testing and adequately recording the results. As an additional "back-up," we have directed the Area Manager to conduct a quarterly inspection of these records. Finally, I will perform annual inspections to ensure that both the Plant Supervisor and the Area Manager are keeping adequate records of our Qualitative Monitoring. III. Alleged Violation 3: Monitoring is not being performed and compliance is not known without these results as required by the permit. We recognize that necessary Analytical Monitoring has not been conducted as required at the Gamer Road Facility. We also recognize that adequate records of our Qualitative Monitoring have not been maintained at the Facility. However, we have recently conducted Analytical and Qualitative Monitoring at the Facility and are attaching our reports for your convenience. As you can see, the discharge in stormwater outfall #1 is well below the 100 mg/I requirement for Total Suspended Solids. The Qualitative Monitoring of stormwater outfall #1 yielded results consistent with low or minimal stormwater pollution. We are currently in the process of inspecting and testing stormwater outfall #2 and should be in possession of those records in the near future. IV. Enforcement Rea Contracting believes that given its strong compliance history, its efforts to create and maintain a complete SPPP and its actions in response to the deficiencies noted above, no civil penalty should be assessed in this case. Nevertheless, should this matter be recommended for enforcement, N.C. Gen. Stat. § 14313-282.1(b) provides that DENR must consider several factors in determining whether to assess a civil penalty and if so, the amount of such penalty. Accordingly, Rea Contracting respectfully requests that DENR consider the following factors in making its determination. • 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 Our failure to maintain adequate records has not resulted in any harm to the natural resources of the State, to the public health, or to private property. In addition, although we failed to conduct Analytical Monitoring, our current Analytical Monitoring results of stormwater outfall #1 yielded a TSS quantity of 44 mg/l, an amount well below the 100 mg/1 limit. We also point out, as recognized by the Inspection Report, that the Facility's stormwater discharges to two farm ponds and that any rare overflow from these ponds discharges to a quarry area —not a surface water of the State. These ponds would permit TSS to settle out of the stormwater and would also provide for dilution of any other stormwater constituents. Therefore, there is no evidence that any violation on our part resulted in harm to the natural resources of the State, to the public health, or to private property. • duration and gravity of the violations and the effect on ground or surface water quantity or quality The alleged violations addressed in the NOV have not caused harm to people, natural resources or private property. Furthermore, these alleged violations have not affected ground or surface water quality or quantity. There is no evidence that the alleged violations resulted in a stormwater discharge above and beyond 100 mg/l for TSS. Instead, our current data (44mg/1) indicates that we are well below this standard, and because we have maintained the same processes and standards from the inception of our permit, there is no evidence we have ever discharged above the TSS standard. Furthermore, as recognized by the Inspection Report, the Facility's stormwater discharges to two ponds and these ponds rarely overflow/discharge. (In the event of an overflow, the discharge is directed to a quarry area rather than the surface waters of the State). As you are aware, the farm ponds settle the TSS out of the stormwater and also provide for dilution of any other stormwater constituents. Finally, we have immediately addressed all alleged violations set forth in the NOV. Therefore, the duration and gravity of the alleged violations is slight (particularly in light of the fact that the alleged violations substantially address problems with our records) and have had no effect on the surrounding ground or surface water quantity or quality. • the cost of rectifying the damage Since no damage has resulted from our alleged violations, the State would not be required to expend any money on Rea Contracting's behalf to remedy any of the alleged violations. • the amount of money saved by noncompliance Rea Contracting has saved a negligible amount of money ($10 per TSS sampling test per year) by its noncompliance. Instead, any alleged violations were the result of not having "checks" in place to ensure that certain necessary documentation occurred and was maintained. These "checks" do not require additional employees at the Facility and as such do not represent cost savings resulting from noncompliance. • the prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority Rea Contracting has a strong compliance history and has never been assessed a penalty for violations of its stormwater general permit. Rea Contracting has "gone the extra mile" in ensuring that all of its employees are trained in its SPPP by offering orientation training, retraining every six months and maintaining a copy of the SPPP at all times for employee reference. In light of the foregoing factors as well as our responses to each alleged violation, Rea Contracting respectfully requests that DENR reconsider its issuance of the Notice of Violation and Notice of Initiation of Enforcement. We have a strong history of compliance with our stormwater General Permit and are committed to following our SPPP. Moreover, at our Facility, we immediately addressed all alleged violations set forth in the NOV. Therefore, we request that DENR's Division of Water Quality reconsider the Notice of Violation and Initiation of Enforcement it issued to Rea Contracting's Garner Road Facility. Thank you for your time and attention to this matter. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Gene Mills Rea Contracting, LLC Enclosures cc: Jerry Rimmer 3909 Beryl Road Raleigh, NC 27607 Telephone: (919) 834-4984 NC/WW Cert. #: 067 Fax: (919) 834-6497 NC/DW Cert. M. 37731 Laboratory Report --- Prepared for --- 1 of 1 Ms. Michelle Jacobs Report Date: 4/2712004 Rea Construction Company Date Received: 4/15/2004 3010 Gresham Lake Road Raleigh, NC 27615 Work Order #: 0404-00980 Project ID: 01 Project ID: GARNER PLANT STORMWATER No. Sample ID 001 OUTFALL #1 Cust. Code: RE4550 Cust. P.O.#: 083-280080 Date Sample( Time Sample, Matrix 4114/2004 14:45 SW Condition 4n2oC . Test Performed Method Results . Analyzed Qualifier Total Suspended Solids EPA 160.2 44.0 mg/L 4115/04 Biochemical Oxygen Demand EPA 405.1 5.1 mg/L 4/15/04 pH EPA 150.1 7.11 S.U. 4122/04 Oil & Grease in Water EPA 1664 <5.0 mg/L 4/16/04 pH disclaimer Exceeds holding time. 4/22104 Report Certified by: for Tritest, Inc. STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT GENERAL PERMIT NO. NCG160000 SAMPLES COLLECTED DURING CALENDAR YEAR: I CERTIFICATE OF COVERAGE NO. NCG16 00 t.Z (This monitoring report shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory.) FACILITY NAME � >� CONY2f1 CJ L� (e L _ Q- �-,g Aky,t PLgj✓y- COUNTY L✓44(f PERSON COLLECTINGSAMPLE(S) TO11nn✓ G✓ //'n. J PH N NO. O �77=—lo�lolt CERTIFIED LABORATORY(S) Tr; Lab # (o'7 8 wA i= Lab # S %7 s / IG URE OF PERMIT I'EE Ott DESIGNEE) By this signature, I certify that this report is accurate complete to the best of my knowledge Part A: Specific Monitoring Requirements Outfall No. ' Date Sample Collected.. 50050 -: (10530 00556'.t:, 00400 . Total - Flow Total Suspended .:_y Solids Oil and Grease' pH mo/dd/ r MG m in - - units Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _yes 4/no (if yes, complete Fart 13) ran n: vcmcie omuuenance Acuvuv avromrurur • ne urremenrs Outfall. ": Date, ;, 50050 _ :. ..'';::00556.. , , :--;, 00536 F 00400 No. Sample Total Flow Othand Total pH ;, ; New Motor Collected j, Grease r: t Suspended Oil Usage nio/d8/vr MG ma/1 unit '' gal/mo STORM EVENT CHARACTERISTICS: � �(4� g'-`V^ Dale -X0) r Total Event Precipitation (inches): il'v Event Duration (Ifours):AC..t_ 1-/9r <..r,,yln.vy� 01'6 Mail Original and one copy to: Division of Water Quality Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Form MR 16 Page l of 2 (if more than one storm event was sampled) Dale "Dotal Event precipitation (inches): Event Duration (hours): "1 certify, tinder penalty of law, that this document and all attachments were prebared tinder my direction or supervision in accordance with it system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or Ihose persons directly responsible for gathering the information, the information submitted is, to the best of illy knowledge and belief, tree, accurate, and complete. I lun aware that there are significant penalties for submitting false Information, including the possibility of lines and imprisonment for knowing violations." of Pernrillee) (Date) Form NIR16 Page 2 of 2 Permit No.: N/0— 0/ Facility Name: 2 l=A County: Lk 16, Inspector: Date of Inspection: _ By this signature, I cerd Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report U/_L/At / or Certificate of Coverage No.: N/C/a/ lklC1/Q/,?-/ 24 u" i — C C Phone No. 9 l �!� % % z — (D 3 (0 this report is accurate and complete to the best of my knowledge: #gnar ! of Permittee or Designee) 1. Outfall Description Outfail No. �_ Structure (pipe, ditch, etc.) (z 01 ,"ri Receiving Stream: Describe the industrial activities that occur within the outfall drainage area 2. Color Describe the color of the discharge. using asic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: �y( 3. Odor Describe any distinct odors that the discharge y have (i.e., smells strongly of oil, weak chlorine odor, etc.) /y 0 JI (/ %/ ( 1 C) U C / 4. Clarity Choose the number which best describes the clarity of the discharge where 1 is clear and 10 is very cloudy: y 1 2 3 40 6 7 8 9 10 Page 1 SWU-242-101599 S. Floating Solids Choose the number which best describes the amount of floating solids in the stormwater discharge where 1 is no solids and 10 is the surface covered with floating solids: 1 2 � 4 5 6 7 8 9 10 6. Suspended Solids Choose the number which best describes the amount of suspended solids in the stormwater discharge where 1 is no solids and 10 is extremely muddy: y 1 2 & 4 5 6 7 8 9 10 7. Foam Is there any foam in the stormwater discharge? 3. Oil Sheen Is there an oil sheen in the stormwater discharge? Yes 6 Yes e 9, Other Obvious Indicators of Stormwater Pollution List and describe Note: Low clarity, high solids, and/or the presence of foam or oil sheen may be indicative of pollutant exposure. These conditions may warrant further investigation. Page 2 SWU-242-101599 Garner JOB# ZE00115-003 DRAINAGE SYSTEM DESIGN DATE 04/14/04 Duration of the Storm Event in Hours 8 Rain Fall Rate in Inches per Hour 0.5 LOCATION FROM TO DRAINAGE AREA (acre) _ RUNOFF C C weight 1 0 area Outlets (in/hr) (cfs) Drainage Area 1 GRAVEL 1.5448 0.5500 GRASS 0.0911 0.3000 0.1149 1.0POND 000 SUM 1.7508 0.5665 7.03 M71 Drainage Area 2 GRAVEL 3.0955 0.5500 ASPHALT 0.2001 00 GRASS 4.6989 0.3607 13000 00 SUM 8.3552 0.4384 7.03 25.75 1 Drainage Area 3 1 ASPHALT 0.0633 0.9500 GRASS 1.3871 0.3000 SUM 1.4505 0.3284 7.03 3.35 1 Total Volume of Water During Event of Known Duration (60 minutes)X(60 seconds)X(Hours and Decimal Portion of Duration) X(Flow(Q)) = Total Cubic Feet of Water Example - 3 hour event at 1 in/hr Intensity (60)(60)(3 hours)(2.04 in/hr) = 22,032 cubic feet = 164,800 gallons foot = 7.48 gallons Area 1 Cubic Feet 200,827 Area 1 Gallons 1,502,182 Outfall #1 Area 2 Cubic Feet 741,626 Area 2 Gallons 5,547.360 Outfall #2 Area 3 Cubic Feet 96,432 Area 3 Gallons 721,312 Outfall #3 Total Cubic Feet 942,452 Total Gallons 7,049,543 Alhtestjna 3909 Beryl Road, Raleigh, NC 27607 ph:(919) 834-4984 fax:(919) 834-6497 NCWW Cen467, NCDW Cenn31131 Report Results To Company:�FCCA LLQ Address: �p) (i , Ga 121VE Q- RED TG ►tivG o— /AI C 2?5.41 Attn: . 1 IAlylYilli W rt )'rtArYt f' Phone:R,JJ 47j2-r1jk Fall: Sampled by (signature): Ch e deff(custody Billl To: It i, A- C01VT-14iK d—nAD Project Reference: �5 O l () Q,fh (J`,n-r LA)C.P 41 Project Number: -4 1 C 2 y Purchase Order #: Tritest W.O.# aLI'Dq - Q0960 a 1� $d--Siandard Report Delivery ❑ Rush Report Delivery (wr surcharge) "emn oropmat are suLjecl to prior a namal a, Ne IaMrardy Requested Due Date: Sampl"ei[)esonpOOn' '^ W2 � _ - , .. ,stF C 6 , G StartrDate -"_-.. Stan Tone /T,i7u End Datej ` "7 'EndkTrme w y_ W hilatrix" '+ wn,'ow`sv'"ia ratt �x .t? , Analy""sesReques'[ed'}' r. i� .t:, °�' - ra _ '"t ftu n r.3`u sr ..�.. t.'`, F c fir- : ra. .+�4:R.�t6111"I .±x .na. .. f,€t, .a, -w'. . saF ... ._,; !r a.. .. 17oD 7o�A�lurj�ecc�ee;fs�l�cls� of%d- rnie`sc am`plega $ ...: a: )'fix _--------" t - - - x Rerinq by ignawrel "� R yed by (signature) �71 Date 0-1 J U� rme V ' —2� 5 Receipt Conditions (Lab Use Only) ❑ 4±2 ❑ TernP: °C Res. Chlorine El t Present El We Acid preserv. < ❑ Yes o ❑ n/a Base pr rv.>12? ❑Yes��y�cJ "n��( A, Relirlgoish y (signature) eceiv d by (signature) Date Time Relinquished by (signature) ' Received by (signature) Date ran. I MR t& m'Ad'i't y �nv �111 ` SAMPLE PRESERVATION CHECK -IN SHEET WON: Received RV: j �J Date: _ rs _ Time: Temp: O Route: CD TTS TTPU USM FEDX GC UPS Preservative Sample No. Analysis Requested Sample Type Composite Grab Container Chlorine None HCL H2SO4 HNO3 N.OH THIO OTHER .�-S S .� C i D P G I pas Ineg ,Nana HCL H2SO4 HNO3 NaOH TRIO OTHER pn h C i. G� P�G posing None HCL H2SO4 HNO3 NaOH THIO OTHER C G P i Q pos i None HCL H2S HNO3 NaOH THIO OTHER CIG P I G pos i nag None HCL H2SO4 HNO3 NaOH TRIO OTHER C i G PIG pos i nag None HCL H2SO4 HNO3 NaOH TRIO OTHER C i G PIG pos i nag None HCL H2SO4 HNO3 N.OH THIO OTHER C i G PIG pos i nag None HCL H2SO4 HNO3 NaOH THIO OTHER C I G PIG pos i neg None HCL H2SO4 HNO3 NoOH TRIO OTHER C i G PIG pos i nag None HCL H2SO4 HNO3 NaOH THIO OTHER C i G PIG pos i neg None HCL H2SO4 HNO3 NaOH THIO OTHER CIG PIG pos i nag None HCL H2SO4 HNO3 NaOH TRIO OTHER C i G PIG pos i nag Nona HCL H2SO4 HNO3 N.OH THIO OTHER C i G PIG pos i neg None HCL H2SO4 HNO3 NaOH TRIO OTHER CIG PIG pos i nag None HCL H2SO4 HNO3 NoOH THIO OTHER CJG PIG pos I neg Nona HCL H2SO4 HNO3 NaOH TRIO OTHER CJG PIG pos I neg None HCL H2SO4 HNO3 NaOH TRIO OTHER CIO PIG pos 1 nag on. HCL H2504 HNO3 N.OH THIO OTHER C I G PIG pos i neg None., HCL H2SO4 HNO3 NaOH THIO OTHER CIG PIG pos I neg None HCL H2SO4 HNO3 NBOH THIO OTHER Lab Comments: x INVOICE NUMBER: 299104 INVOICE DATE: 04/28/2004 WORK ORDER # : 0404-00980 Please return one copy of invoice and remit payment to: Tritest, Inc. P.O. Box 33190 Raleigh, NC 27636-3190 Attn: Accounts Receivable Rea Construction Company 3010 Gresham Lake Road Raleigh, NC 27615 Attn: Ms. Michelle Jacobs phone: (919)834-4984 fax: (919)834-6497 Client Number. RE4550 PROJECT INFO: GARNER PLANT STORMWATER YOUR ORDER DATE: 04/15/2004 INVOICE TERMS: NET 30 DAYS PURCHASE ORDER REF: 083-280080 Quantity Done 1 WC-BOD 1 WC-OGW 1 WC-PHW 1 WC-TSS Procedure Performed Unit Extended Price Price Biochemical Oxygen Demand 20.00 Oil & Grease in Water 35.00 pH 6.00 Total Suspended Solids 10.00 20.00 35.00 6.00 10.00 Total $71.00 A finance charge of 1.5% (18% annually) will be assessed to invoices over 30 days. Paid 0.00 Balance 71.00 I e Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: North Carolina DENR DWQ Attn: Mr. Ken Schuster 1628 Mail Service Center Raleigh, NC 227699-1628 A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item l? ❑Yes If YES, enter delivery address below: ❑ No J. SeMce Type a Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7001 1940 0006 9013 0647 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 2ACPR600-P- 081 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only,; No Insurance Coverage Piovided) sz�rj'2,'Xa4riai PS Form 32ee, January,2001 See Reverse for Instructions F W ATF 9 Michael F. Easley, Governor William OG G. Ross Jr., Secretary ; North Carolina Department of Environment and Natural Resources \�� � r Alan W. Klimek, P.E. Director > Colleen H. Sullins, Deputy Director p r Division of Water Quality May 5, 2004 CERTIFIED MAIL RETUERN RECEIPT REQUESTED Mr. Gene Mills Rea Contracting, LLC 8205 Wilkinson Boulevard Charlotte, NC 28214-7006 Subject: Notice of Violation, NOV-2004-PCO025 Notice of Initiation of Enforcement Rea Contracting, LLC Garner Road Asphalt Facility Stormwater General Permit NCG160082 Wake County Dear Mr. Mills: On March 31, 2004 Mr. Jerry Rimmer of the Raleigh Regional Office, Division of Water Quality conducted an inspection of the subject site for compliance with conditions contained in the General NPDES Permit NCG160082; Stormwater Discharge Permit for Asphalt Paving Mixtures and Blocks. Findings during the inspection are noted in the attached inspection checklist and herein as follows: General Stormwater Permit NCG160066-condition violations Part II. Section A requires the permittee to develop a Stormwater Pollution Prevention Plan. The site plan present at the site was adequate to meet permit requirements. The Secondary Containment devices are secured with locking mechanism. The oil drums storage area containment was covered. The current plan was adequate in narrative description of storage practices, loading and unloading activities and Best Management Practice Summary also. The facility has installed a silt fence around the property to insure control of silt in stormwater discharge. The Spill Prevention and Response Plan did contain current inventory and the Responsible Party List was correct. There was no description of employee training, although records of training were present. Part II Section B requires analytical monitoring annually per Table 1 unless arithmetic mean of results is below levels specified in Table 2. There was no evidence that any analytical sampling had occurred; therefore, this facility has not complied with this requirement. Sampling must be implemented. Raleigh Regional Office 1628 Mail Service Center Water Quality Section Raleigh, NC 27699-1628 o«A NENNR phone (919) 571-4700 Customer Service facsimile (919) 571-4718 1-877-623-6748 NorthCarolina Naturally Page 2 of 2 Gene Mills Rea Contracting -Garner Part II Section C requires semiannual Qualitative Monitoring per Table 3 that is a visual inspection at each stormwater outfall. Per the site stormwater pollution prevention plan the facility is required to inspect all stormwater systems on at least semiannual schedule, once in the fall (September -November) and once in the spring (April -June). There was no record of inspections. There was no documentary evidence that the analytical portion of the Stormwater Pollution Prevention Plan was implemented as required in the permit. This was to commence with the initial analytical event, but was not continued per the permit requirements. Part II Section D requires analytical monitoring per Table 4 if vehicle maintenance is done utilizing 55 gallons of oil per month. This facility does not have a major vehicle maintenance program on site; therefore this provision does not apply. Part 3 Section C requires the permittee to properly operate and maintain all facilities to achieve compliance with all conditions of the permit. The monitoring is not being performed and compliance is not known without these results. Please submit a written response to these violations within 20 days of receipt of this notification. You need to respond with plans to address each described item with immediate implementation of corrective action to begin compliance with the General Permit as issued. Your response will be reviewed by this office and forwarded for consideration in any enforcement action taken. Please note that these and any other violations are subject to civil penalties in the amount of $ 5,000 per day per violation for oil discharge Statutes and up to $25,000 per day per violation for other violations. If you have any questions concerning this notification please contact Jerry Rimmer of my staff at 919-571-4700-extension 273. Sincerely, Ken Schuster, P.E. Regional Water Quality Supervisor Cc: Johnny Williams, Rea Contracting NPDES Compliance Unit Central Files Asphalt Facilities Stormwater Inspection Checklist Type of Visit ZCompliance Inspection/Program Audit E]Tech Assistance or Recon Location: Rea Construction Asphalt Plant, 1201 E. Garner Rd., Garner, NC 27529 Facility Number NCG160082 Date 3/31/2004 Time In 10:55AM Time Out 11:48 AM People Interviewed, and Titles: Johnny Williams, Supervisor Inspector: Jerry Rimmer SPPP Documentation (Site Plan Part II (A)(1) 1. Copy of Certificate of Coverage ®Yes ONo Copy of Permit ®Yes pNo Requested but not required w� 2. General Location (USGS) Man shows plant ®Yes ❑No, lines of discharge Part II(A)(1)(a) to water of State ®Yes MNo, Stream labeled p. Yes pNo X NA, Latitude and longitude &Yes pNo Comments: Discharge is collected in farm pond. 3. Narrative Description of Practices ®Yes ❑No , Part II(A)(1)(b) 4. Site map NYes'ONo Shows flows & areas served with arrows and Part II(A)(1)(c) % impervious surface ®Yes pNo, buildings ®Yes pNo, process areas ®Yes ONo, disposal areas ®Yes ONo X NA, drainage structures ®Yes ONo, existing BMPs such as secondary containment ®Yes�— ❑No, list of potential pollutants ®Yes pNo Comments:Oil tank dike locked. 5. List of significant spills in last 3 years or certif if none ®Yes ONo None Part II(A)(1)(d) RRO called? pYes ❑No X NA 6. SW outfalls have been evaluated for process water ®Yes pNo No contamination. Part II(A)(1)(e) 7. Feasibility of Changing Practices pYes ONo X NA Part II(A)(2)(a) 8. Secondary Containment ®Yes pNo Schedule needed? pYes ®No Part II(A)(2)(b) Drums storage area contained and covered. Records of Draining Containment, Observations Made pYes ®No Not drained. 9. BMP Summary ®Yes ONo Part II(A)(2)(c) 10. SPRP Plan ®Yes pNo, Responsible personnel still employed here? ®Yes ONO _4iPart II(A)(3) 11. PM and Housekeeping Plan ®Yes pNo Record of Inspections? ®Yes pNo Part II(A)(4) 12. Employee training ®Yes ONo — for everybody ®Yes pNo ark Part II(A)(5) 13. Responsible parties, chain of command page ®Yes pNo y j Part II(A)(6) 14. Plan updated/reviewed annual ®Yes pNo " Part II(A)(7) 15. Stormwater Facility Inspection Program ®Yes pNo Gene Mills QTRLY. Not done Part II(A)(8) 16. This Plan Has Been Implemented (documents in manual, Part II(A)(9) employees show awareness ®Yes ONo Comments:Qrtly. Inspections not completed per plan in 2003. Sampling and Analytical Data Part II(C) All Stormwater and Process Water is Recvcled (IICO Oyes ®No Rain Gauge on site (not required) ®Yes pNo Record of an overflow Oyes ®No Details None If not all recycled, what is allowed to discharge? Vehicle Cleaning (IIC2)Q Recycle overflow (IIC3 above)) Wetting of Aggregate (IIC4)Z Mixing drum cleanout (IIC5) Q Vehicle Maintenance 0 Note: this checklist does not take the place of your permit. You are fully responsible for following the permit. For the topics checked in last question, Analytical data present OYes ®No, Compliant? pYes ®No Details:Check with Gene Mills -Sampling not done. Rea has a good sampling and training plan which now must be implemented. _ iv: vrs rrn -� rvnar :. re Total precip pp Yes ONO, Storm duration Yes'wNo, Total flow Est. 'byes pNo,Field pHr-'Yes psNo, Chain of custody pYes pNo No records. Qualitative Monitoring performed semiannually pYes ®No Need records on site Part H(F) Stormwater not combined with process wastewater — general runoff PartII(C)(1) Analytical data pYes ®NO, Chain of Custody pYes ®No, Qualitative Monitoring performed semiannually (Section F) pYes ®NO, No records on site. If using cutoff policy, how many sample rounds Discuss with Gene Mills Cutoff Concentrations met Oyes "pNo " Ever have a Bypass? pYes ®No PartIII (C)(4)a(1 &2) Notification given? OYes pNo Outdoor Inspection I located all discharge_ points ®Yes pNo No. of areas served 2 pP Sample points appropriate ®Yes pNo 1 P p Location if different from discharge point; Housekeeping: Trash pYes ®No Dust pYes ®No r -tt Take pH pYes ®No Value(s)+Fa, Take photos Yes ONO t Containment Area satisfactory ®Yes«ONo, Loose drums'Yes ®No. Locked drain ®Yes ONO How is asphalt tank heated?: Fuel Oil Asphalt recovery pile comments Well maintained. Inspection Summary Comments: Drainage from northeast from material piles to silt catch basin overflow to ditch near quarry fence which flows toward quarry. Farm pond west of plant collects most of SW with occasional discharge toward Quarry area. Piping is run through PVC overpipe to catch any leaks or pipe breaks. Valves and containment drains are locked. Recommendations: Keep analytical (Quantitative & Qualitative) onsite. Requirements: Institute sampling program, submit reports and keep records at site. Document training. Letter is to go to: Name Gene Mills 704-395-3220 Title: Facility Services Manager Address: Rea Contracting, LLC, 8205 Wilkinson Blvd., Charlotte, NC 28214-7006 Helpful Information at http://h2o.enr.state.nc.us/su/Manuals Factsheets htm Note: this checklist does not take the place of your permit. You are fully responsible for following the permit. Revised 03/ 19/04 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Rewit Approval expires 8-31-98 Section A: National Data System Coding i.e., PCS) Transaction CoId_eI NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 31 NCG160082 111 121 04/03/31 117 181LC1J191s1 20 U u u —u Remarks 211111111111111111111111111111111111111111111111166 Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 OA��-----------------------Reserved------------------- 67 I 169 70 U 71 U 72 U 73 W 74 75I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Dale Permit Effective Date POTW name and NPDES permit Number) 10:55 AM 04/03/31 99108101. Rea Contracting LLC-Garner 083 Exit Time/Date Permit Expiration Date 1201 F. Garner Road Garner NC 27529 11:48 All 04/03/31 04/07/31 Name(s) of Onsite Representalive(s)rTitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Gene Mills,8205 Wilkinson 21vd Charlotte NC Contacted 28214//704-395-327.0/7043945354 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Records/Reports E Facility Site Review 0 Storm Water Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jerry Ri. miner RRO WQ//91.9-571-4700/919-571-4718 ?� Y f Signature of Mana ement O e iewe Agency/Office/Phone and Fax Numbers lDate 1l 3 d EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Asphalt Facilities Stormwater Inspection Checklist Type of Visit " Compliance Inspection/Program Audit QTech Assistance or Recon Location:: q' (� /ice �� io/ %. G A, v 12,6 Facility Number NCGI6 oo,y,e. Date3/"/kV Time In �o'L. rTime Out 7/i y/ y People Interviewed, and Titles: SPPP Documentation (Site Plan Parl II (A)(1) 1. Copy of Certificate of Coverage es pNo Copy of Permit ❑Yes 6K'0 Requested but not required 2. General Locatio USGS Ma shows plant Oes ONo, lines of discharge Part II(A)(1)(a) to water of State Yes ®No, Stream labeled pYes o, Latitude and longitude RYes ONo Comments.i � � 3. Narrative De scri tion of Practices [des ❑No ,.._`; Part II(A)(1)(b) 4. Site map 01yes ONo Shows flows & areas sSTved with arrows and Part II(A)(1)(c) % impervious surface iryes ONo, buildings Ves ❑No, process areas pYes ❑No, '3 /1/�dis sal areas Oyes pNo, drainage structures . e[-]No, No, existing BMPs such as secondary containment es pNo list ofpotentia�Iohlutan�ts Ces�ONo 5. List of significant spills in last 3 years or certif. if none �Pies ❑No'G:—t Part II(A)(l)(d) RRO called? pYes ❑No 6. SW outfalls have been evaluated for process water es EN o 4'/VU i 7. Feasibility of Changing Pra tices ❑Yes l7No ; jt// Part II(A)(2)(a) 8. Secondary Containment es ONo) u� Schedule needed? Oyes ONo � Part II(A)(2)(b) Records of Dr inm Containment Observations M de OYes No r g _ Tn 9. BMP Summa_ � es ONo : �� Part II(A)(2)(c) 10. SPRP Plan Yes ONo Responsible personnel still employed here? es -No k ��' Part II(A)(3) 1 l . PM and Housekeeping Ian' es ON ',v� Re cord of Inspections [�es pNo Part II(A)(4) 12. Employee training bes ONo —for everybody L ❑No ! - Part fl(A)(5) 13. Responsible parties, chain of commapd page wes ONo ; ; Part II(A)(6) 14. Plan updated/reviewed annually' es ONo ? Part II(A)(7) "- 15. Stormwater Facility Inspection Program Wa es ONo f �✓ y Part II(A)(8) 16. This Plan Has Been Im let nted (documents in manual, 1 Part II(A)(9) employees show awareness es pNo Comments:{', . j Sampling and Analytical Data (' -e r -0 . lls Part II(C) All Stormwater and Process Water is Recycled IIC 3 OYes ONo Rain Gauge on site (not required) es ONo Record of an overflow pYes dKO Details /f not all re cled, what is allowed to discharge? Vehicle Cleaning (IIC2 ecycle overflow (IIC3 above) LL?Wetting of Aggregate (IIC4)E] Mixing drum cleanout (IIC5) �a Vehicle MaintenanceEl Note: this checklist does not take the place of your permit. You are fully responsible for following the permit. For the topics checked in last question, Analytical data present Oyes ONo, Compliant? El -Yes pNo Details:: Total precip pYes pNo, Storm duration pYes pNo, Total flow Est. pYes ONo,Field pH ❑Yes pNo, Chain of custody pYes pNo Qualitative Monitoring performed semiannually pYes pNo Part II(F) Stormwater not combined with process wastewater — general runoff Part[I(C)(1) Analytical data OYes pNo, Chain of Custody pYes pNo, Qualitative Monitoring performed semiannually (Section F) pYes pNo, If using cutoff policy, how many sample rounds; Cutoff Concentrations met ®Yes ONo 'Ever have a Bypass? pYes ONo (III (C)(4)al &2) Notification given? pYes pNo Outdoor Inspection I located all discharge points , es ONo No. of areas served Sample points appropriatepYes pNo � Location if different from dischargpoin l Housekeeping: Trash Oyes It7do Dust OYes o p, Take pH pYes QNo Value(s) Take photos pYes CINo Containment Area satisfactory Ex/es pNo, Loose drums OYes IBNo, Lee ed dr Yes [ 40 �c' m _ Asphalt recovery pile comments iy Inspe !ionSummary Comments ✓tom L �. wQ. _ . .w.-Cte-c✓ Jc.*"'"' ' c . Recommendations:('";. Vc,���, ✓%�,' , lei" Requirements: Letter is to go to: Name Title %G�; �. j StZ/ �i �-A /0117l1 Address,' Helpful Information at http://Ii2o.enr.state.no.us/su/Manuals_Factsheets.htm Note: this checklist does not take the place of your permit. You are fully responsible for following the permit. Revised 7/23/03 State of North Department of Carolina Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan. W. Klimek, P.E., Director Mr. Gene Mills Rea Contracting, LLC. 8205 Wilkinson Boulevard Charlotte, North Carolina 28214-7006 Dear Mr. Mills: NCDENmKm'h NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 19, 2003 Subject: NPDES Permit Modification — Name/Ownership Change Permit NCG160082 Rea Contracting LLC — Garner 08: (Formerly Rea Construction Company) Wake County In accordance with your request received November 10, 2003, the Division is forwarding the subject permit modification. This modification documents the change in name/ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150E of the North Carolina General Statutes, filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. cc: Central Files Raleigh Regional Office, Water Quality Section NODES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Sincerely, flk� iimJek,` P`.E. 919 733-5083, extension 520 (lax) 919 733-0719 VISIT US ON THE INTERNET @ htlp #h20.enr.state.nc.us/ Valery.Stephens@ncmaii.net STATE OF NORTH CAROLINA; DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALM GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG160082 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, Rea Contracting LLC. is hereby authorized to discharge stormwater from a facility located at Rea Contracting LLC — Garner 083 1201 E Garner Road Raleigh Wake County to receiving waters designated as unnamed tributary to Big Branch a class C NSW water 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. NCG160000 as attached. This certificate of coverage shall become effective December 19, 2003. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 19, 2003. 1 Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 9 . State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director GENE MILLS REA CONSTRUCTION COMPANY -GARNER P.O. BOX 32487 CHARLOTTE, NC 28232 Dear Permittee: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 27. 1999 Subject: Reissue - NPDES Stormwater Permit Rea Construction Company -Garner COC Number NCG160082 Wake County In response to your renewal application for continued coverage under general permit NCG160000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6. 1983. The following information is included with your permit package: * A copy of general stormwater permit NCG160000 * A Stormwater Pollution Prevention Plan (SPPP) Certification Form. Completion of this form is required to certify that you have developed and implemented the SPPP as per the conditions of the permit. This form must be completed and returned to the Division within 30 days of receipt of this letter. DO NOT SEND the SPPP with the signed form. * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin for the general permit which outlines changes in the permit, key requirements, and addresses frequently asked questions * A Certificate of Coverage Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Tony Evans of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 584 Sincerely, for Kerr T. Stevens cc: Central Files Stormwater and General permits Unit Files Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919.733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG160082 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, REA CONSTRUCTION COMPANY -GARNER is hereby authorized to discharge stormwater from a facility located at REA CONSTRUCTION COMPANY -GARNER 1201 E GARNER RD RALEIGH WAKE COUNTY to receivinL waters designated as a UT of Big Branch in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,11. 111, IV, V. and VI of General Permit No. NCG160000 as attached. This certificate of coverage shall become effective August 1, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 27, 1999, for Kerr T. Stevens, Director Division of Water Quality By Authority,of the Environmental Management Commission n ,State of North Carolina `Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director June 30, 1995 Paul Schulz Rea Construction Co -Garner P.O. Box 32487 Charlotte, NC 28232 JU�I ,3 p 1995 Subject: General Permit No. NCG 160000 Rea Construction Co -Gamer COC NCG 160082 Wake County Dear Paul Schulz: In accordance with your application for discharge permit received on May 2, 1995, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any question concerning this permit, please contact MR. ANTONIO EVANS at telephone number 919/733-5083. Sincerely, iriginal Signed By A. Preston Howard, Jr. P.E. cc: Raleigh Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO, NCG160000 CERTIFICATE OF COVERAGE No. NCG160082 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, Rea Construction Co. is hereby authorized to discharge stormwater from a facility located at Rea Construction Co. 1201 E. Gamer Road Raleigh, NC Wake County to receiving waters designated as an unnamed tributary to Big Branch in the Neuse River Basin, Class C, NSW in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Pans I,11, III and IV of General Permit No. NCGI60000 as attached. This certificate of coverage shall become effective June 30, 1995. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 30, 1995. C;_.. A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission