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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. -�:.1. 'may'!. 1. , ,-ii• ` ., rl'711.� a• i I ... „ {� � .,, 1. • ' n I 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. '. t .., _ ' r, _ 7 r��� � j, 1 .. � . + ..... � ill r � ., r. 'ii++ ! � ,. + i + 1 :'. 1 .��':. , ' ' ' � 1. r,. .•:It _ i.. +. .. ' 1. .. 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 r3 m o-low, m 171 OF IC�AL USE m Postage 9 O C3 Codified Fee t `y Poait/(a C3 Return Receipt e (Endorsement Required) d4 . \' �� H C�l Restricted Delivery Fee Required) ,I N 11 N '4 r=I0 (Entlorsement 2008 Clo Total Pool— x am= Q \ (0 E3 sent to JOHN P DEATfj. 5 C3 r` -Ai DEATON YACHT SERVICE ------ stein orP0e0: 1306 NEUSE DRIVE ----••- city, Slot, 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 or on the front if space permits. 1 1. Article Addressed to i X ` ❑ Agent 0 Accim B. Reoely y (Printed Na 1 Date of Deli 20 n'C/ - - o D. Is delive address different fmrt item l? ❑ Yes If YES, enter delivery address below: ❑ No 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 ❑ Insured Mail ❑ C.O.D. I 4. Restricted Delivery? (Fxha Fee) ❑ Yes 2. Article Number r t t, u+- *' —" - ' I "7006' 0100' 0000 6377' 3930 I (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i 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