HomeMy WebLinkAboutNCG190078_COMPLETE FILE - HISTORICAL_20110304STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
DOC TYPE
lk- HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ � 201 (D
YYYYM M D D
MC®ENR
Nortli Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 4, 2011
Mr. John Deaton
Deaton Yacht Service, Inc.
1306 Neuse Dr.
Oriental, NC 28571
Natural Resources
Subject: Deaton Yacht Service, Inc.
Permit No. NCG190078
Pamlico County
Dear Mr. Deaton:
Dee Freeman
Secretary
On January 26, 2011 the Washington Regional Office of the Division of Water Quality (DWQ) received a written
response from your consultant SwSG Storwater Services Group, LLC regarding the stormwater inspection conducted on
December 2, 2010 for the subject project.
Industrial activities such as hull maintenance and hull cleaning generate solid and liquid industrial wastes that
contain metals. There are high concentrations of metals, particularly copper and lead, that are present in the anti -fouling
paints used on boat hulls. Your consultant requested that we consider marina wash water similar to that of vehicle wash
water. Vehicle wash water typically seen at car washes wouldn't contain the same concentrations of metals as the wash
water generated from pressure washing boat hulls. It is important to keep this in mind when you are pressure washing,
sanding, and scraping the boat hulls at your facility so close to surface waters. Your SP3 plan should address ways to
reduce the exposure of these solid and liquid wastes to stormwater runoff. You should make a conscientious effort to
reduce the exposure of the wastes to stormwater by segregating the two. By segregating wastes from stormwater, you are
minimizing the volume of wastewater draining off your site. Remember, the NPDES NCG190000 only authorizes
stormwater—only discharges to surface waters. Your SP3 plan addresses BMPs to treat stormwater, not wastewater.
Please note that boat wash water is a wastewater regardless of whether it discharges to the ground or directly to
surface waters. In either case the wastewater must be properly treated and properly disposed. You may need to contact a
certified waste hauler to dispose of your wastes. If the wastewater is infiltrated into the ground, a permit may be required
from the Aquifer Protection Section within the Division of Water Quality. Groundwater contamination could be
occurring by allowing washwater, known to be highly concentrated with metals, to infiltrate into the ground.
In an effort to minimize exposure of industrial waste to stormwater runoff, the BMP actions you suggested are
satisfactory to DWQ. If connection to the local sanitary sewer is not allowed please advise us what other options you are
considering for wastewater disposal.
One of our goals in revamping our NCG 190000 NPDES inspections on the coast, is to provide education and
outreach to marina owners and operators on compliance of the NPDES program. Due to the close proximity of your
industrial activities to surface waters, the potential to impact those waters with harmful pollutants increases. Therefore,
we are making you aware of some of the things you can do to minimize the impact your industrial activities have on the
environment. We are hopeful that we have provided you with a better understanding of the types of discharges we found
during our inspection.
North Carolina Division of Water Quality Internet. vvvvw.ncvvaleraualitv.ora
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NortthCarofiin�a
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper Naturally
Page 2
March 4, 2011
We did not conduct a thorough check of your marina's SP3 plan during the inspection. Since the Washington
Regional Office does not have a copy of this plan, some information in the previous inspection report may be inconsistent
with the SP3 plan. It would help to have a copy of this plan in our Office to avoid future misinterpretations. Please
forward a current copy of your SP3 Plan to this Office.
We do not disagree with your statement that USEPA's drinking water standard for copper is 1.3 mg/L. USEPA's
water quality standard for SA, SC, and SB waters is 3 ug/L (or .003 mg/L). Your facility is located in SA waters. You
cannot compare drinking water standards to surface water standards. Drinking water is tested for the safety of human
consumption. Surface water is tested primarily for the safety of benthic organisms since that is their natural habitat.
Benthic organisms absorb metals into their tissues from the water column and from contaminated sediments. These
organisms are unable to metabolize the metals in their tissues as humans can. Therefore, continuous exposure of high
metal concentrations in their natural environment leads to unhealthy concentrations of metals in their tissues. Shellfish
are examples of benthic organisms. Please keep in mind that by not minimizing your exposure of waste to stonnwater,
you are contributing pollution to surface waters that are adjacent to your facility.
If you have any questions please contact Roger Thorpe at the Washington Regional Office, telephone number
(252) 946-6481.
Sincerely,
r
Al Hodge
Regional Supervisor
Washington Regional Office
cc: Katie Merritt — WBS Compliance & Permits Unit
David May — Aquifer Protection Section DWQ
James D. Frei — Stormwater Services Group, LLC
WaRO Files
SWSG Stormwater Services Group, LLC
January 25 2011
Mr. Roger Thorpe
NC Division of Water Quality (WRO)
943 Washington Square Mall
Washington NC 27889
RE: Deaton Yacht Service
NPDES General Permit NCG190078
Notice of Inspection
Deer Mr. Thorpe:
8916 Oregon Inlet Ct.
Raleigh, North Carolina 27603
Phone: 919.661.9954
Fax: 919.661.8108
JAN 2 6 2011
pit 1-, , ,,•, -; n t-
In response to your letter dated December 14 2010, we offer the following response:
Your finding that there is an unpermitted discharge of wastewater to surface waters from bout
washing is incorrect.
This facility washes boats over a gravel area as far away from the water's edge as possible such
that all washwater infiltrates into the ground. Boats are never washed during rainfall events, and
washwater does not pond on the ground at this marina. There is no point source (i.e., outfall)
that -;discharges washwater to surface waters at this facility. There is no "sheet flow" of
washwater or wastewater at this facility into surface waters.
General Permit NCGO80000 allows for the infiltration of vehicle washwater. Such consideration
should be given to marinas.
There may be residual bottom paint particles and dust from hull washing, cleaning, and sanding
on the ground from this facility's past operations, but that is an expected occurrence from this
type of industrial activity. Since this facility is not certifying to "no exposure", then some
residue should be expected — and allowed - to be on the grounds as long as reasonable BMPs are
implemented.
The natural mixing of stormwater with dry ground residuals does not create a wastewater — it
creates polluted stormwater. Stormwater discharges are authorized under General Permit
NCG 190000.
This Permittee is committed to reducing residuals to the maximum extent practical by
implementing best management practices. For example, all hull sanding operations occur over a
tarp and/ or use a vacuum sander to collect particles and dust. The Permittee has instructed all
r
i W;
Letter to NCDENR/ DWQ
January 25, 2011
Page 2
SwSG
employees and sub -contractors (hired directly by boat owners) to implement these practices to
control dust and residue.
The Permittee has considered the installation of a closed -loop wash system, but has deemed it to
be too expensive. For example, the Clean Marine Solutions machine costs about $15,000 plus
operating expenses. This cost does not include the cost of constructing a concrete wash
containment pad.
The Permittee will pursue the option of discharging the washwater to the local municipal sanitary
sewer system.
In the meantime, the Permittee will place geotextile filter fabric over the existing gravel in the
designated wash area. Boats will be power washed over this fabric, which will capture most of
the particles that may be knocked off the hull during this operation. After drying, the fabric will
be swept with the residue bagged and placed into a dumpster for disposal in a lined landfill.
On page 2 of your letter, you state "It is required that the permittee follow the tiered sampling
guidance...... Tiered actions are not required until the third year of Permit coverage. The third
year commences October 1 2011. With the second sample of the third year not due until
September 2012, tiered sampling may not start until October 2012. This Permittee is following
the sampling schedule indicated in the Permit. In the meantime, this Permittee is trying to
determine the source(s) of pollutants in its stormwater discharges and will implement appropriate
BMPs.
On page 3, you have indicated a "No" for several items. We will address each of these negative
findings:
Does the Plan include a list of significant spills occurring during the past 3 years?
Section 1.4.5 of the SWPPP states that there were no significant spills in the 3 years prior
to the effective date (12/30/09) of the SWPPP. Each semi-annual inspection report since
December 2009 states "there have been no significant spills since the previous report'.
This information was available to your field inspectors.
A list and a report will be created if and when a significant spill occurs.
Has the facility evaluatedfeasible alternatives to current practices?
All of the BMPs indicated in the SWPPP and subsequent semi-annual inspection reports
were deemed feasible. While a full-blown cost/ benefit analysis was not performed — this
in itself is not feasible — common sense and experience dictated the BMPs written into
the SWPPP and implemented to date. Tables 4 and 5, and Appendix C in the SWPPP
describe the BMPS deemed feasible. This information was available to your field
inspectors.
Letter to NCDENR/ DWQ
January 25, 2011
Page 3
SwSG
Does the Plan include a BMP summary?
Table 4 and Appendix C in the SWPPP describe the BMPS that this Permittee committed
to implementing. Table 4 also provides target dates for implementation. Table 5 is
provided for the Permittee to write in additional BMPs implemented during the Permit
term. This information was available to your field inspectors.
Is the Plan reviewed and updated annually?
The previous SWPPP was updated in late 2009 to reflect the changes in the re -issued
General Permit NCG190000. The current SWPPP has an effective date of 12/30/09. The
current SWPPP is reviewed by the Consultant and SWPP Team during each of the semi-
annual inspections; two of which occurred in June 2010 and December 2010. If any
updates had been necessary since December 2009, they would be documented in the
SWPPP on Form 5 and narratives in the semi-annual inspection reports. This information
was available to your field inspectors.
Has the SWPPP been implemented?
The current SWPPP commenced implementation in December 2009 and is continually
being implemented. Your field inspectors should have seen evidence of implementation
at the facility and by documentation in the SWPPP notebook. All required records to
date were available for review.
Has the facility conducted its Analytical monitoringfrom Vehicle Maintenance areas?
Vehicle Maintenance occurs within the SDO-001 drainage area. This facility collected
stormwater samples at SDO-001 in March and September 2010. The DMRs were
submitted to Central Files prior to your inspection. Copies of DMRs and the lab analysis
reports are inserted into the SWPPP at Appendix F. All required DMRs to date were
provided to your field inspectors for review.
Your letter states that Copper and Lead exceeded the benchmark values. Lead has not exceeded
the BMVs as the analysis indicated Lead at 0.029 mg/L in March 2010 and 0.011 mg/L in
September 2010; the BMV for Lead is 0.030 mg/L.
Copper did exceed the BMV in both 2010 samples. The BMV for Copper is 0.007 mg/L which
is an extremely low value to achieve. Considering that the USEPA's drinking water MCLG for
Copper is 1.3 mg/L (ref httn://water.epa.aov/drink/contaminants/index.cfm#List), is it
reasonable for NCDENR to expect any Permittee to meet a value in stormwater that is 185 times
less than an acceptable level in drinking water?
There may be background sources of Copper for which the Permittee has no control. For
example, Copper in the potable water used for boat washing may exceed the BMV. Copper
concentration is also dependant on water hardness; the Permit does not require an analysis for
water hardness.
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Letter to NCDENR/ DWQ
January 25, 2011
Page 4
SwSG
We would also like to point out that our NC -certified laboratory, TriTest, can only report Copper
as low as 0.010 mg/L. This reporting limit is greater than the BMV.
On page 4 of your report, you give a negative finding for the statement "Has the facility
evaluated all illicit (non stormwater) discharges?"
We are not sure of the meaning of "evaluated". Does this term mean to analyze non-
stormwater discharges, or to determine the existence of non-stormwater discharges?
During the development of the current SWPPP and the previous SWPPP, the site was
inspected and no non-stormwater discharges were present. We also look for illicit
discharges during the semi-annual site inspections; none have been found. In our
opinion, there is no point discharge of any sort of washwater or wastewater to surface
waters as all washwaters are allowed to infiltrate. There is no sheet flow discharge of
washwater at this marina. Numerous documents and pamphlets published by NCDENR,
MS4 operators, and P2 organizations encourage the infiltration of vehicle washwater.
If there are any non-stormwater discharges, General Permit NCG190000 does not require
that samples be analyzed.
In summary, we believe we are in compliance with General Permit NCG190000 and therefore
disagree with your finding of non-compliance.
In regards to your 60-day request for a schedule of steps to achieve compliance, we offer the
following only as BMPs that will help reduce any pollution that may be found in the stormwater
runoff from this marina:
BMP No.
Action
Target Date
11-1
A filter fabric will be laid on top of the gravel at the designated boat
02/25/11
wash area. After washing and once the fabric is dry, the residue will
be swept off the tarp, bagged, and disposed in a lined landfill.
11-2
Ensure that tarps are placed below all boats during hull sanding and
03/15/11
repair operations.
11-3
Ensure that ground tarps and side curtains are in place when painting
03/15/11
boats outside.
11-4
Confer with local Sanitary Sewer operator regarding discharge of boat
04/30111
washwater to SS system.
11-5
If connection to SS system is allowed, then a designated wash
11/30/11
containment pad will be constructed and connected to SS.
11-6
If connection to SS system is disallowed, then alternate methods of
12/30/11
handling washwater will be investigated.
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Letter to NCDENR/ DWQ
January 25, 2011
Page 5
SwSG
We hope this letter and our planned actions satisfy your concerns with the operations at this
marina. Please do not hesitate to call John or Karen Deaton at 252-249-1180 or the signatory
below if you have any questions.
Sincerely,
S WATER SERVICES GROUP, LLC
mes D. Frei
Senior Project Manager
CC. John P. Deaton, Deaton Yacht Service
File
,= w7 tA)gRtf)
UM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 2010
Mr. John Deaton
Deaton Yacht Service, Inc.
1306 Neuse Dr.
Oriental, NC 28571
Subject: NOTICE OF INSPECTION
Deaton Yacht Service, Inc.
Permit No. NCG190078
Pamlico County
Dear Mr. Deaton:
On December 2, 2010 Roger -Thorpe, Scott Vinson and Samir Dumpor of the Washington Regional Office of the
Division of Water Quality (DWQ) inspected Deaton Yacht Service, Inc. in Pamlico County to determine compliance with
Federal NPDES general Stormwater Management Permit Number NCG190078 issued on August 8, 2007. DWQ file
review and site inspection revealed that the site is not compliant with the terms and conditions of the permit and General
Statute 143-215.1. There is an unpermitted discharge of wastewater to surface waters from boast washing, maintenance
and repairs. This unpermitted discharge occurs by sternal runoff mixing with waste materials and draining to
Whittaker Creek, classified as SA- IIQW- NSW. During the inspection we discussed with Mrs. Deaton some possible
ways to,collect the waste water and waste materials and to eliminate the unpermitted discharge of waste water. You
should begin implementing practices that will eliminate these unpermitted wastewater discharges and amend your
Stormwater Pollution Prevention Plan to include these practices. Please find a copy of the completed form entitled
"Compliance Inspection Report" attached to this letter.
Please be advised that you are required to comply with the terms, conditions and limitations of the Federal
NPDES General Stormwater Management Permit, North Carolina General Statutes 143-214.7 & 143-215.1, including
operation and maintenance of a permitted stormwater system. Please respond in writing within 60 days of receipt of this
letter with a schedule and include those specific steps planned to achieve compliance and a time table of when they shall
occur.
Please be advised that violations of your Stormwater Management Permit may be subject to the assessment of
civil penalties of up to $25,000 per day per violation. if you have any questions please contact the Roger Thorpe at the
Washington Regional Office, telephone number (252) 946-6481.
Sincerely,
Roger "Thorpe
Environmental Engineer
Washington Regional Office
Enclosure: Stormwater Inspection Report
cc: John Hennessy-NPS-ACOU
,,4aRO Files
North Carolina Division of Water Quality Internet: www.ncwateraualitv.ora
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
An Equal OppodunitylAffinnative Action Employer- 50% Recycled/10 % Post Consumer Paper
NorthCarolina
Naturally
Compliance Inspection Report
Permit: NCG190078 Effective: 10/01/09 Expiration: 09/30/14 Owner: Deaton Yacht Service Inc
SOC: Effective: Expiration: Facility: Deaton Yacht Service, Inc.
County: Pamlico 1306 Neuse Dr
Region: Washington -
Oriental NC 28571
Contact Person: John P Deaton Title: Phone:252-249-1180
Directions to Facility:
Take Hwy. 55 from New Bern, NC into Oriental. Turn left on Ragan Road. Go to stop sign, turn left. Will end at Deaton Yacht Service.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 12/02/2010 Entry Time: 09:00 AM Exit Time: 10:00 AM
Primary Inspector: Roger K Thorpe Phone: 252-946-6481
Ext.214
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Ship and Boat Building Stormwater Discharge COC
Facility Status: Q Compliant ■ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1
N
Permit: NCGI90078 Owner - Facility: Deaton Yacht Service Inc
Inspection Date: 12/02/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Currently wastewater and waste materials are allowed to mix with stormwater runoff and allowed to discharge to surface
waters without a permit. The permittee needs to start separating and collecting waste materials from washing, rinsing,
power washing, sanding, boat repair, boat maintenance activities, etc. and properly dispose of thes materals to a facility
properly permitted to handle such waste. The SPPP should be amended to account for these measures and their
implementation. It is required that the permitte follow the tiered sampling guidance per Part II., Section B. Analytical
Monitoring Requirements of the NCG19 permit.
Page:2
Permit: NCG190078 Owner • Facility: Deaton Yacht service Inc
Inspection Date: 12/02/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes
No
NA
NE
Does the site have a Stormwater Pollution Prevention Plan?
D
0
# Does the Plan include a General Location (USGS) map?
■
D
D
D
# Does the Plan include a "Narrative Description of Practices"?
. ■
# Does the Plan include a detailed site map including outfall locations and drainage areas?
■
D
D
D
# Does the Plan include a list of significant spills occurring during the past 3 years?
D
■
D
D
# Has the facility evaluated feasible alternatives to current practices?
D
■
D
D
# Does the facility provide all necessary secondary containment?
■
❑
❑
D
# Does the Plan include a BMP summary?
D
■
D
D
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
■
❑
❑
D
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
■
❑
D
❑
# Does the facility provide and document Employee Training?
■
D
❑
❑
# Does the Plan include a list of Responsible Party(s)?
■
D
# Is the Plan reviewed and updated annually?
❑
■
D
D
# Does the Plan include a Stormwater Facility Inspection Program?
■
0
D
Has the Stormwater Pollution Prevention Plan been implemented?
D
■
D
Comment: Currently wastewater from washing, power washing, sanding, etc. is
allowed to disgharge to the ground thereby allowing stormwater to mix with the waste
materials and discharge during rain events. It was requested that they begin using tarps
and or other other types of waste containment measures as soon as possible and that
they stop allowing the unpermitted discharge of wastewater/materials. They need to
seperate stormwater runoff from waste material and wastewater.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? MOOD
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? In D D D
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ■ ❑ ❑
Comment: Samples taken from stormwater discharge points have excellences for
benchmark levels for Copper and Lead. The removal of the waste materials and waste
water from stormwater outfalls should help with eliminating these excedences. It is
required that the permittee follow the Tiered response guidelines within the Analytical
Monitoring requirements of the permit.
Permit and Outfalls Yes No NA NE
Page:3
Permit: NCG190078 Owner - Facility: Deaton Yacht Service Inc
Inspection Date: 12/02/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine
# Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑
# Were all outfalls observed during the inspection?
e❑❑❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑
# Has the facility evaluated all illicit (non stormwater) discharges?
Comment: refer to SPPP Analytical monitoring comments
Page: 4
SWSG Stormwater Services Group, LLC
January 23, 2008
Mr. Al Hodges
NC Division of Water Quality (WRO)
943 Washington Square Mall
Washington NC 27889
RE: Deaton Yacht Service
NPDES General Permit NCG190078
NOV-2009-PC-0015
Dear Mr. Hodges:
8916 Oregon Inlet Ct.
Raleigh, North Carolina 27603
Phone: 919.661.9954
Fax: 919.661.8108
HF** �
JAN � 5 2JC8
Deaton Yacht Service has recently contracted with us to address the issues raised in Jeff
Manning's letter dated December 21, 2007. Specifically, we are under contract to:
Develop the SWPPP
2. Perform Qualitative Monitoring
3. Perform Analytical Monitoring
As some of these tasks are weather -dependant, we cannot guarantee a completion date.
However, we will make every reasonable attempt to perform the monitoring tasks within sixty
(60) days. Upon completion, we will forward copies of the reports to your office as well as
Central Files as required by the Permit.
We are also under contract to perform semi-annual site inspections. We will complete this task
within the next three (3) weeks. During our site inspection, we will assist the Permittee with the
SWPPP implementation and other observations noted in Jeff Manning's letter.
Please do not hesitate to call if you have any questions or need our assistance.
Sincerely,
S WATER SERVICES GROUP, LLC
mes D. Frei
Senior Project Manager
CC. John P. Deaton, Deaton Yacht Service
File
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
� —I
December 21, 2007
John P Deaton
Deaton Yacht Service Inc
1306 Ncuse Dr
Oriental NC 28571
SUBJECT: December 7, 2007 Stormwater Inspection
Denton Yacht Service, Inc.
Permit No: NCG190078
Pamlico County
Dear Mr. Deaton:
Coleen H. Sullins, Director
, Deputy Director
Division of Water Quality
Enclosed please find a copy ofthe Stormwater Inspection form front the inspection conducted on December
7. 2007. The Stormwater Inspection was conducted by Jeffery A. Manning of the Washington Regional
Office. The facility was found to be in Noncompliance with permit NCG190078.
Please refer to the enclosed inspection report for additional observations and comments. If you or your staff
have any questions, please call me at 252-948-3966.
Sincerely,
Jeffery A. Manning
Environmental Specialist
Attachment
cc:, Central Files
Washington Files
NCDENR
943 Washington Square Mall Washington, NC 27889 (252) 946-6481 Customer Service 1 800 623-7748
Compliance Inspection Report
Permit: NCG190078 Effective: 08/08/07 Expiration: 08/31/09 Owner: Deaton Yacht Service Inc
SOC: Effective: Expiration: Facility: Deaton Yacht Service, Inc.
County: Pamlico 1306 Neuse Dr
Region: Washington
Oriental NC 28571
Contact Person: John P Deaton Title: Phone: 252-249-1180
Directions to Facility:
Take Hwy. 55 from New Bern, NC into Oriental. Turn left on Ragan Road. Go to stop sign, turn left. Will end at Deaton Yacht Service.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 12/07/2007 Entry Time: 03:00 PM Exit Time: 04:00 PM
Primary Inspector: Jeff A Manning Phone: 252-948-3966
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Stormwater
Permit Inspection Type: Ship and Boat Building Stormwater Discharge COC
Facility Status: D Compliant ■ Not Compliant
Question Areas:
® Storm Water
(See attachment summary)
Page:1
Permit: NCG190078 Owner - Facility: Deaton Yacht Service Inc
Inspection Date: 12/07/2007 Inspection Type: Stormwater Reason for Visit: Routine
Inspection Summary:
The facility was unable to produce any records of sampling or a copy of the SP3 plan. the owner stated that his deceased
brother used to keep the records, but he had no idea where they were. He also stated that no monitoring had been
performed as required by the permit.
the facility is found to be in non-compliance with the requirements of permit# NCG190078.
Page: 2
Permit: NCG190078 Owner - Facility: Deaton Yacht service Inc
Inspection Date: 12/07/2007 Inspection Type: Stormwater Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes
No
NA
NE
Does the site have a Stormwater Pollution Prevention Plan?
❑
■
❑
❑
# Does the Plan include a General Location (USGS) map?
❑
■
Q
Q
# Does the Plan include a "Narrative Description of Practices"?
n
■
n
n
# Does the Plan include a detailed site map including oulfall locations and drainage areas?
n
■
n
n
# Does the Plan include a list of significant spills occurring during the past 3 years?
n
■
n
n
# Has the facility evaluated feasible alternatives to current practices?
n
■
n
n
# Does the facility provide all necessary secondary containment?
Q
■
❑
0
# Does the Plan include a BMP summary?
n
■
n
n
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
n
■
n
n
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
n
■
n
n
# Does the facility provide and document Employee Training?
n
■
n
n
# Does the Plan include a list of Responsible Party(s)?
n
■
n
n
# Is the Plan reviewed and updated annually?
❑
■
n
n
# Does the Plan include a Stormwater Facility Inspection Program?
❑
■
❑
Has the Stormwater Pollution Prevention Plan been implemented?
❑
■
Q
❑
Comment: The facility operator beleives they had an SP3 plan but due to a death of
the responsible person he could not find it. No sampling or records were available at the
time of the inspection.
Qualitative Monitoring
Yes
No
NA
NE
Has the facility conducted its Qualitative Monitoring semi-annually?
n
■
n
n
Comment: See above reference
Analytical Monitoring
Yes
No
NA
NE
Has the facility conducted its Analytical monitoring?
0
■
❑
Q
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
0
■
Q
0
Comment: See above reference
Permit and Outfalls
Yes
No
NA
NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
n
■
n
n
# Were all outfalls observed during the inspection?
■
n
n
n
# If the facility has representative oulfall status, is it properly documented by the Division?
00
■
n
# Has the facility evaluated all illicit (non stormwater) discharges?
❑
■
Q
fl
Page:3
Permit: NCG190078 Owner - Facility: Deaton Yacht Service Inc
Inspection Date: 12/07/2007 Inspection Type: Stormwaler Reason for Visit: Routine
Comment: See above reference
Page:4
60/-T/� �� u Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
, Deputy Director
77 iv S25L?ion of �Quarty
December 21, 2007
John P Deaton
Deaton Yacht Service Inc
1306 Neuse Dr
Oriental NC 28571
SUBJECT: December 7, 2007 Stormwater Inspection
Deaton Yacht Service, Inc.
Permit No: NCG190078
Pamlico County
Dear Mr. Deaton:
Enclosed please find a copy of the Stormwater Inspection form from the inspection conducted on December
7, 2007. The Stormwater Inspection was conducted by Jeffery A. Manning of the Washington Regional
Office. The facility was found to be in Noncompliance with permit NCG 190078.
Please refer to the enclosed inspection report for additional observations and comments. If you or your staff
have any questions, please call me at 252-948-3966.
Sincerely,
Fiery Zit
Environmental Specialist
Attachment
cc:, Central Files
Washington Files
943 Washington Square Mall Washington, NC 27889 (252) 946-6481 Customer Service 1 800 623-7748
V7
NCDENR
Compliance Inspection Report
Permit: NCG190078 Effective: 08/08/07 Expiration: 08/31/09 Owner: Deaton Yacht Service Inc
SOC: Effective: Expiration: Facility: Deaton Yacht Service, Inc.
County: Pamlico 1306 Neuse Dr
Region: Washington
Oriental NC 28571
Contact Person: John P Deaton Title: Phone: 252-249-1180
Directions to Facility:
Take Hwy. 55 from New Bern, NC into Oriental. Turn left on Ragan Road. Go to stop sign, turn left. Will end at Deaton Yacht Service.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 12/0712007 Entry Time: 03:00 PM Exit Time: 04:00 PM
Primary Inspector: Jeff A Manning Phone: 252-948-3966
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Stormwater
Permit Inspection Type: Ship and Boat Building Stormwater Discharge COC
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page:1
Permit: NCG190078 Owner- Facility: Deaton Yacht Service Inc
Inspection Date: 12/07/2007 Inspection Type: Stormwater Reason for Visit: Routine
Inspection Summary:
The facility was unable to produce any records of sampling or a copy of the SP3 plan. the owner staled that his deceased
brother used to keep the records, but he had no idea where they were. He also stated that no monitoring had been
performed as required by the permit.
the facility is found to be in non-compliance with the requirements of permit# NCG190078.
Page:2
Permit: NCG190078 Owner - Facility: Deaton Yacht Service Inc
Inspection Date: 12/07/2007 Inspection Type: Stormwater Reason for Visit:
Routine
Stormwater Pollution Prevention Plan
Yes
No
NA
NE
Does the site have a Stormwater Pollution Prevention Plan?
❑
■
❑
❑
# Does the Plan include a General Location (USGS) map?
❑
■
❑
❑
# Does the Plan include a "Narrative Description of Practices"?
❑
■
❑
n
# Does the Plan include a detailed site map including outfall locations and drainage areas?
❑
■
n
n
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑
■
❑
❑
# Has the facility evaluated feasible alternatives to current practices?
n
■
❑
❑
# Does the facility provide all necessary secondary containment?
❑
■
❑
❑
# Does the Plan include a BMP summary?
❑
■
❑
n
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑
■
❑
❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
❑
■
0
D
# Does the facility provide and document Employee Training?
❑
■
❑
❑
# Does the Plan include a list of Responsible Party(s)?
0
■
0
0
# Is the Plan reviewed and updated annually?
❑
■
❑
❑
# Does the Plan include a Stormwater Facility Inspection Program?
❑
■
❑
❑
Has the Stormwater Pollution Prevention Plan been implemented?
❑
■
❑
❑
Comment: The facility operator beleives they had an SP3 plan but due to a death of
the responsible person he could not find it. No sampling or records were available at the
time of the inspection.
Qualitative Monitoring
Yes
No
NA
NE
Has the facility conducted its Qualitative Monitoring semi-annually?
❑
■
0
0
Comment: See above reference
Analytical Monitoring
Yes
No
NA
NE
Has the facility conducted its Analytical monitoring?
❑
■
n
❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
❑
■
0
❑
Comment: See above reference
Permit and Outfalls
Yes
No
NA
NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
n
■
❑
❑
# Were all outfalls observed during the inspection?
■
❑
❑
❑
# If the facility has representative outfall status, is it properly documented by the Division?
❑
❑
■
❑
# Has the facility evaluated all illicit (non stormwater) discharges?
❑
■
❑
❑
Page:3
. Permit: NCG190078 Owner - Facility: Deaton Yacht Service Inc
Inspection Date: 12/07/2007 Inspection Type: Stormwater Reason for Visit: Routine
Comment: See above reference
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ORIENTAL NC 28571
■ 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 mail iec
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JOHN P DEATON
DEATON YACHT SERVICE
' 1306 NEUSE DRIVE 3. jSeevice Type
ORIENTAL NC 28571 4cenieMail ❑Express Mall
i � egistered ❑ Return Receipt for Merehantllse i
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4. Restricted Delivery? (Fxha Fee) ❑ Yes
2. Article Number r t t, u+- *' —" - '
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Page: 4
QDLU
F WA TF, Michael P. Easley, Governor
co
0William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources.� Coleen H. Sullins, Director
Division of Water Quality
December 21, 2007
CERTIFIED MAIL 7006 0100 0000 8377 3930
RETURN RECEIPT REQUESTED
John P Deaton
Deaton Yacht Service Inc
1306 Neuse Dr
Oriental NC 28571
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0015
Permit No. NCG190078
Deaton Yacht Service, Inc.
Pamlico County
Dear Mr Deaton:
Jeff A. Manning from the Washington Regional Office of the Division of Water Quality conducted a site inspection of your
facility, Deaton Yacht Service, Inc. located at 1306 Neuse Drive, Oriental, NC, Pamlico County, North Carolina on
December 07, 2007. The site visit and file review revealed that the subject project is covered by NPDES Stormwater
General Permit NCG190078.
The following observations and/or permit condition violations were noted during the Division of Water Quality inspection:
1) Stormwater Pollution Prevention Plan (SPPP)
A Stormwater Pollution Prevention Plan (SPPP) has not been developed, recorded, and properly implemented.
2) Qualitative Monitoring
Qualitative monitoring has not been conducted and recorded in accordance with permit requirements.
3) Analytical Monitoring
Analytical monitoring has not been conducted and recorded in accordance with permit requirements.
(Please see the attached addendum for information about your permit).
Other Observations:
1. The required SPPP was not completed and being implemented. The analytical and qualitative monitoring has not
been completed. Part II, Section B and C of your permit outlines the requirements for analytical and qualitative monitoring.
Failure to comply with the conditions contained in your permit is considered to be a violation.
2. You should be sure to dispose of your oil absorbent material in an approved manner. Placing the material in a bag and
taking it to the landfill is acceptable. You should not allow the material to be swept onto the ground as this allows the
petroleum products to be released during rainfall events or leached into the groundwater.
3. You should read your entire permit and be aware of what is required in it. It is your responsibility as the permit holder
to read and understand what your responsibilities are. oar
NorlhCarolina
Alirti mn!/y
North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 Customer Service
Internet: www.ncwaterquality.org 943 Washington Square Mall, Washington, NC 27889 FAX (252) 946-9215 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
4. You are reminded that you must keep a copy of your permit and certificate of coverage on site.
Please provide this Office with a written response within fifteen (30) days of your receipt of this letter. Please include
anything you would like submitted to DWQ to address the violations observed on site.
Thank you for your attention to this matter. This office requires -that the violations, as detailed above, be properly
resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00
per day for each violation. Should you have any questions regarding these matters, please contact Jeff A Manning at
252-948-3966 Ext..
Sincerely,
Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
Division of Water Quality
Addendum
Cc: WaRO — Water Quality
Water Quality Central Files
ADDENDUM
The National Pollutant Discharge Elimination System (NPDES) program was established under the federal Clean Water
Act and then delegated to the Division of Water Quality for implementation in North Carolina. The NPDES permitting
program for stormwater discharges was established in 1990. Phase I focuses on site and operations planning to reduce
pollutant sources.
Through the NPDES permitting program industrial facilities that fall into one of the subject ten categories are required to
obtain permit coverage under a general permit or an individual permit, depending upon the facilities SIC code and the
industrial activity occurring at the facility. There are currently 19 active general stormwater permits in North Carolina. One
condition that is applicable to both the general permits and individual stormwater permits is the requirement to develop
and implement site -specific comprehensive stormwater pollution prevention plans (SPPP). These plans are required to
include a comprehensive evaluation of the site and operations to reduce pollutant sources and prevent pollutant
discharge.
Copies of the general permits and accompanying documents can be accessed from the following webpage:
http://h2o,enr.state.nc.us/su/Forms Documents.htm Permit text, technical bulletins, discharge monitoring forms, and a
Notice of Intent [which is the application of for coverage under a NPDES General Stormwater Permit] can be found at this
web site.
The following items are a subset of permit requirements and are listed to assist you and help bring your attention to
certain permitting issues, process and condition requirements of your permit. That said, please see the above mentioned
web site in order to obtain a copy of the permit such that you may fully comply with all the conditions therein. Failure to
properly comply with conditions of the permit, like those bulleted below, constitutes violations and are subject
civil penalty assessment of up to $25,000.00 per day.
• Industrial facilities that fall into one of the subject ten categories are required to obtain permit coverage under a
general NPDES stormwater permit or an individual NPDES stormwater permit
• All persons desiring to have facilities covered by a General Permit must register with the Division of Water Quality
(DWQ) by the filing of a Notice of Intent (NOI) and Applicable Fees.
• This Notice of Intent (NOI) must be submitted and a Certificate of Coverage issued prior to any discharge of
stormwater associated with the industrial activity, process wastewater, and/or mine dewatering.
• Once the Notice of Intent is received, DWQ will review and determine whether a Certificate of Coverage (COC)
may be issued. If this Certificate of Coverage is issued the facility is covered by the General Permit. That is, the
permittee is authorized to discharge stormwater, process wastewater, and/or mine dewatering pursuant to the
type of General Permit until the permit expires or is modified or revoked.
• Any other point source discharge to surface water of the state is prohibited unless it is an allowable non-
stormwater discharge or is covered by another permit, authorization or approval.
• There are currently 19 active general permits. Permit conditions vary accordingly; however, most of the permits
have following condition requirements (you must read your entire permit to ensure full compliance):
o Development and compliance with the Stormwater Pollution Prevention Plan
o Collection, reporting, and recording of Analytical Monitoring
o Collection, reporting and recording of Qualitative Monitoring
o Collection, reporting and recording of Vehicle Maintenance Monitoring
o Records — Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of the analytical monitoring results shall also be
.maintained on -site. The Permittee shall retain records of all monitoring information, including all
calibration and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, and copies of all reports required by this general permit for a period of least 5 years for
the date of the sample measurement, report or application.
o 'Expiration — The permittee is not authorized to discharge after the expiration date of the general permit. In
order to receive automatic authorization to discharge beyond the expiration date, the permittee shall
submit forms and fees as are required by the agency authorized to issue permits no later than 180-days
prior to expiration date. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any permittee that does not have a permit after the expiration and has not requested
renewal at least 180 days prior to expiration, will be subject to enforcement. Failure to renew your
permit is a violation.
o Transfer — The Certificate of Coverage (COC) issued pursuant to this general permit is not transferable to
any person expect after notice to and approval by the Director. The Director may require modification or
revocation and reissuance of the Certificate of Coverage to change the name and incorporate such other
requirements as may be necessary under the Clean Water Act. The Permit is NOT transferable.
o Name Change, Closure or Facility Ownership change — Permittee is required to notify the Division in
writing in the event the permitted facility is sold or closed. The Division of Water Quality views changes
of name or ownership as a modification that requires the Director's approval and reissuance of the permit.
Name and ownership changes required you to complete a Name/ownership Change Form from the
Division and mail it back to the Division of Water Quality along with all appropriate information.
o Proper Operation and Maintenance is a requirement of the permit.
r7
TFR
Michael F. Easley, Governor
Mr. John Deaton
Deaton Yacht Service Inc.
1306 Neuse Dr.
Oriental, NC 28571
Dear Mr. Deaton:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
August 8, 11
AUG 0 8 2007
r r ,;y (•` 2��
Subject: General Permit No. NCG190000
Deaton Yacht Service Inc.
COC NCG190078
Pamlico County
In accordance with your application for a discharge permit received on June 29, 2007, we are
forwarding herewith the subject certificate of coverage to discharge under the subject state —NPDES
general permit. This.permit is issued pursuant to the requirements of North Carolina General Statute 143-
215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection
Agency dated May 9, 1994 (or as subsequently amended).
Please take notice that this certificate of coverage is not transferable except after notice to the
Division of Water Quality. The Division of Water Quality may require modification or revocation and
reissuance of the certificate of coverage. Note that this permit is only for stormwater discharges as stated
in Section B of the permit.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other federal or local governmental permit that may be required.
If you have any questions concerning this permit, please contact Robert Patterson at telephone
number (919) 733-5083 ext. 360.
Sincerely,
G^.JGN L SIGNED ul
BRADLEY 3ENNETT
for Coleen H. Sullins
cc: Washington Regional Office
Central Files
Stormwater Permitting Unit Files
nnCarolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083
Internet www.ncwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612
An Equal Opportunity/Affirmative Action Employer— 50 % Racycled1101k Post Consumer Paper
Customer Service
1-877-623-6748
U
I q q 5 - XJC c7 /hod s-/
(rcter-- jlfc-k -6
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG190000
CERTIFICATE OF COVERAGE No. NCG190078
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,
Deaton Vacht Service Inc.
is hereby authorized to discharge stormwater from a facility located at
Deaton Yacht Service Inc.
1306 Neuse Drive
Oriental
Pamlico County
to receiving waters designated.as Whittaker Creek, a class SA, HQW, NSW water in the Neuse
River Basin, in accordance with the effluent limitations, monitoring requirements, and other
conditions set.forth in Parts I, I1, III, IV, V, and VI of General Permit No. NCG190000 as
attached.
This certificate of coverage shall become effective August 8, 2007.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this 8`h Day of August 2007.
CRIG?NAL SIGNED BY
BRADLEY BENNETT
for Coleen H. Sullins., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
LOCATION MAP:
Latitude: 35001'55" N NCG190078
Longitude: 76141'09" W
Coil:
Deaton Yacht Service Inc.
n
unty. P a co
Stream Class: SA, HQW, NSW
Receiving Stream: Whittaker Creek
Sub -basin: 03-04-10 (Neuse River Basin)
dvotth
Not to Scale