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Home My WebLink AboutNCG210383_COMPLETE FILE - HISTORICAL_20130611- STORMWATER DIVISION CODING SHEET - RESCISSIONS. PERMIT NO. N 3 DOCTYPE C COMPLETE FILE - HISTORICAL DATE OF RESCISSION ❑ b 3 YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat Mc Crory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary June 11, 2013 7012 1640 0001 9606 2847 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Billy Andrews Ms. Frances Andrews B&B'I'opsoil Mine Inc. 1800 Hamlin Road Durham, NC 27704 Subject: NOTICE OF VIOLATION B& B'ropsoil Mine Inc. NOV-2013-PC-0212 NPDES Permit No. NCG210383 Durham County Dear Mr. & Ms. Andrews: On June 11, 2013 Thomas Ascenzo of the Raleigh Regional office conducted a site visit to B& B Topsoil Mine Inc. located at 1800 Hamlin Road, Durham NC. The assistance of Brenn Andrews was appreciated and facilitated the inspection process. B& B Topsoil Mine Inc. is authorized to discharge stormwatcrto receiving waters designated as Ellerbee Creek, a class WS-IV NSW in the Neuse River Basin. The facility had the following violations of Stormwater Permit No. NCG210000 (NCG210383) and observations were as follows: 1. The Stormwater Pollution Prevention Plan has not been created and implemented as required by the General Permit No.NCG21000 (Certificate of Coverage No. NCG210383). Section A.Stormwater Pollution Prevention Plan. North Carolina Division of Water Quality 1628 Mail Service Center Ralcieh. NC 27699-1629 Phone (919) 791-4200 1111CFTICI: oo,mi c v:lerqualay.org Location: 3800 narrett Drive Raleigh, NC 27609 Fax (919) 788-7159 N�l�Ooe hCaroh na turnll� Customer Service 1-877-623-6748 ,An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper B&B Topsoil Mine Inc. NCG210383 2. Qualitative Monitoring had not been conducted as required by General Permit No. NCG210000 (Certificate of Coverage No. NCG210383). Section C. Qualatative Monitoring Requirement. 3. Analytical Monitoring had not been conducted as required by General Permit No. NCG210000 (Certificate of Coverage No. NCG210383). Section A. Analytical Requirement. 4. Employee training needs to be documented and conducted annually. No evidence of training documents observed at the time of inspection. 5. There were no spills noted in the three year period. Include a page documenting this information in the Spill Prevention Pollution Plan (SP3). 6. The Stormwater Pollution Prevention Plan (SP3) plan needs to be created with all the necessary components of the NCG21000 permit requirements. Suggestion to create a notebook with individual tabs showing each section with the appropriate documentation. 7. Outfall 41 was not observed due to Mr. Brenn Andrews not knowing the exact location of the outfall. 8. Install a permanent rain gauge at the facility to record rainfall data with analytical monitoring as per permit requirement. 9. Include a Spill Prevention and Response Plan in the (SP3) with also a list of responsible party(s) shall identify a specific position for overall coordination, development implementation, and revision to plan. 10. Create a detailed site map including outfall location and drainage areas. Part III Standard Conditions for NPDES Stormwater General Permits, Section A: Compliance and Liability, No.I Compliance Schedule of your General Permit states that for new facilities all requirements, conditions, limitations and controls contained in this permit becomes effect immediately upon issuance of the Certificate of Coverage. B& B Topsoil Mine Inc. was issued a new permit effective date of July 16, 2007. You are required to immediately develop and implement your stormwater pollution prevention plan and achieve compliance with all the requirements of your stormwater permit. Please understand violations of stormwater permit conditions are subject to civil penalty assessment of up to $25,000.00 per day. Included with report is copies of the NPDES General Permit NCG210000, qualitative monitoring forms, along with analytical monitoring forms (Stormwater Discharge Outfall Report), and a copy of the general location map (USGS) and a copy of your current Certificate of Coverage NCG210383. B&B Topsoil Mine Inc. NCG210383 It is requested that you respond in writing to this Notice of Violation within 30 days of receipt of this correspondence. Your response should address items 1-10 If you should have any questions regarding this notice, please do not hesitate to contact me or Thomas Ascenzo at the Raleigh Regional office at (919) 791-4200. Sincerely, S.Daniel Smith Surface Water Quality Supervisor Raleigh Regional Office Attachment: Compliance Inspection Reports CC: Central Files NCG210383 (Letter Only) Brenn Andrews (Letter Only) 1800 Hamlin Road, Durham, NC 27704 Raleigh Regional Office SWP Permit: NCG210383 SOC: County: Durham Region: Raleigh Compliance Inspection Report Effective: 08/O1/08 Expiration: 07/31/13 Owner: B & B Topsoil Mine Inc Effective: Expiration: Facility: B & B Topsoil Mine, Inc. 1800 Hamlin Rd Contact Person: George M Andrews Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 06/11/2013 Primary Inspector: tom ascenzo Secondary Inspector(s): Durham NC 27704 Title: Phone: 919-477-6328 Certification: Phone: Entry Time: 10:20 AM Exit Time: 10:40 AM Phone: 919-791-4200 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Timber Products Stormwater Discharge CDC Facility Status: ❑ Compliant ■ Not Compliant Question Areas: 0 Storm water (See attachment summary) Page: 1 Permit: NCG210383 Owner - Facility: B & B Topsoil Mine Inc Inspection Date: 06/11/2013 Inspection Type: Compliance Evaluation Stormwater Pollution Prevention Plan Does the site have a Stormwater Pollution Prevention Plan? # Does the Plan include a General Location (USGS) map? # Does the Plan include a "Narrative Description of Practices'? # Does the Plan include a detailed site map including outfall locations and drainage areas? # Does the Plan include a list of significant spills occurring during the past 3 years? # Has the facility evaluated feasible alternatives to current practices? # Does the facility provide all necessary secondary containment? # Does the Plan include a BMP summary? # Does the Plan include a Spill Prevention and Response Plan (SPRP)? # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? # Does the facility provide and document Employee Training? # Does the Plan include a list of Responsible Party(s)? # Is the Plan reviewed and updated annually? # Does the Plan include a Stormwater Facility Inspection Program? Has the Stormwater Pollution Prevention Plan been implemented? Comment: Stormwater Pollution Plan has no been created or implimented as per permit. Will NOV permittee. Qualitative Monitoring Has the facility conducted its Qualitative Monitoring semi-annually? Comment: No qualitative monitoring conducted Analytical Monitoring Has the facility conducted its Analytical monitoring? # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Comment: No evidence of Analytical Monitoring Conducted, Permit and Outfalls # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Reason for Visit: Routine Yes No NA NE ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑❑❑ ❑ ❑ ❑ ❑ Cl ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ Yes No NA NE ❑ ■ ❑ ❑ Yes No NA NE ❑ E ❑ ❑ ❑ ■ ❑ ❑ Yes No NA NE 001111 ❑ ❑ ❑ ■ ❑❑s❑ ❑ ■ ❑ Cl Page:3 Permit: NCG210383 Owner - Facility: B & B Topsoil Mine Inc Inspection Date: 06/11/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: Permittee does not know where outfall locations are. No permit at site observed. Page: 4 J�OF W ATFRQG O K July 16, 2007 Billy Andrews and Frances Andrews B&B Topsoil Mine Inc 1800 Hamlin Road Durham, North Carolina Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Subject: General Permit No. NCG210000 B&B Topsoil Mine Inc COC NCG210383 Durham County Dear Mr. Andrews and Ms. Andrews: In accordance with your application for discharge permit received on April 17, 2007, and again with revisions on May 23, 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). If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Ken Pickle at telephone number (919) 733- 5083 ext. 584. cc: `DWQ Raleigh Regional Office DWQ Central Files DWQ Stormwater Permitting Unit swu 259-011001 Sincerely, QQ t� Coleen H. Sullins JUL 1 7 2007 '---' OFFICE Nr��nCarolina ,Nniura!l� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.newaternuality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG210000 CERTIFICATE OF COVERAGE No. NCG210383 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, Billy Andrews and Frances Andrews are hereby authorized to discharge stormwater from a facility located at B & B Topsoil Mine Inc 1800 Hamlin Road Durham, North Carolina . Durham County to receiving waters designated as Ellerbe Creek, a class W S-I V NSW water in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG210000 as attached. This certificate of coverage shall become effective July 16, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 16, 2007. IcL )P-i- dj-,O-, Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission 3Nr1 U3110e�1Y OlOij553tlOOY N'af113tl 3H190 1XOItl 3H1�013de13�N3 dO dO11gtl3N011533Y1d _�� i ■ Complete items 1, 2, and 3. Also complete A. Signature I Item 4 if Restricted Delivery is desired. ' ❑ Agent I X ■ Print your name and address on the reverse O Addressee I ! so that we ran return the card to you. B. Received by (Printed Name) C. Date of Delivery o Attach this card to the back of the mailpiece, I I or on the front if space permits. I D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No • I MR. BILLY ANDREWS & MS. FRANCES ANDREWS B&B TOPSOIL MINE INC. 1800 HAMLIN RD - DURHAM NC 27704 NOV-2013-PC-0212.NCG210383 3. Service Type • B&B TOPSOIL MINE INC.DURHAM J3 Certified Mail ❑ Express Mail 6/11/13.M1AILED.6/17/13.SWP.ASCENZO ❑Registered 132Return Receipt for Merchandise - -- - 0 Insured Mail ❑ C.O.D. I 4. Restricted Delivery? (Extra Fee) ❑ Yes I 2. Article Number (transfer from service lsben 7Ul f 16 z1O doe Gb 06 c7 p 4 7 I PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M4540 ;I I ICnac ••- --I: a NCDENR RALEIGH REGIONAL OFFICE DWQ—SWP SECTION 1628 MAIL SERVICE CENTER RALEIGH NC 27699-1628 7012 1640 0001 9606 2847 MR. BILLY ANDREWS & MS. FRANCES ANDREWS BOA ❑ INSUFFICIENT ADDRESS c ❑ ATTEMPTED NOT KNOWN ❑ OTHER ❑ NO SUCH NUMBER/STREET S ❑ NOT DELIVERABLE AS ADDRESSED •UNABLE TO FORWARD I i ML. 'ms nI f'lfl a. 'L US Pi.170 TAGE FIRST-CLASS a 1tr. e Z1PN 17 2013 ��++''..::rrrr 000110527901