NCG160199_NOV_20200608

ROY COOPER
Governor
MICHAELS.REGAN
Secretary
BRIAN WRENN
Acting Director
NORTH CAROLINA
Environmental Quality
June 8, 2020
CERTIFIED MAIL: 7019 0700 0000 8867 2991
RETURN RECEIPT REQUESTED
Hmc Paving & Construction Co Inc.
Attn: Mark Fortner
120 Sturken Drive
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0287)
NPDES Stormwater General Permit NCG160000
Certificate of Coverage NCG160199
HMC Paving & Construction Co. Inc.
Swain County
Dear Mr. Fortner:
On May 29, 2020, Isaiah Reed from the Asheville Regional Office of the Division of Energy,
Mineral and Land Resources (DEMLR), conducted a site inspection for the HMC Paving &
Construction Co. Inc. facility located at 450 Industrial Park Road, Swain County, North
Carolina. A copy of the Compliance Inspection Report is enclosed for your review. The site
visit and file review revealed that the subject facility is covered by NPDES Stormwater
General Permit NCG160000 under Certificate of Coverage NCG160199. Permit coverage
authorizes the discharge of stormwater from the facility to receiving waters designated as
Cochran Branch, a Class C waterbody in the Little Tennessee River Basin.
As a result of the site inspection, the following permit conditions violation(s) are noted:
1) Stormwater Pollution Prevention Plan (SPPP)
A Stormwater Pollution Prevention Plan (SPPP) has not been developed.
2) Qualitative Monitoring
Qualitative monitoring has not been conducted and recorded in accordance with permit
requirements.
DEQ�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
eoenmmio an gMgphl WiI 828.296.4500

Notice of Violation
HMC Paving & Construction Co. Inc.
June 8, 2020
Page 2 of 2
3) Analytical Monitoring
Analytical monitoring has not been conducted and recorded in accordance with permit
requirements.
Other Observations:
Please refer to the enclosed Compliance Inspection Report for additional comments and
observations made during the inspection.
Requested Response:
You are asked to respond to this office, in writing, within 30 calendar days from receipt of
this notice. Your written response should include a reasonable explanation as to why the
aforementioned violation(s) have occurred as well as a Plan of Action to prevent these
violation(s) from recurring.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Energy, Mineral & Land
Resources regarding these issues. Your above -mentioned response to this correspondence
will be considered in this process. 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 per day for each violation. Should you have
any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296-
4500.
Sincerely,
C
Stanley E. A' EGn \\
Regional Engineer
Land Quality Section
Enclosure:
Inspection Report
ec: Alaina Morman, Environmental Specialist Alaina.morman&ncdenr.eov
Stanley E. Aiken- Regional Engineer stan.aikengncdenr.gov

Compliance Inspection Report
Permit: NOG160199 Effective: 08/01/19 Expiration: 05/31/24 Owner: Hmc Paving & Construction Co Inc
SOC: Effective: Expiration: Facility: HMC Paving
County: Swain 450 Industrial Park Blvd
Region: Asheville
Bryson City NC 28713
Contact Person: Sandi Fortner - Title: Phone
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05/29/2020
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Certification: Phone:
Entry Time 02:OOPM Exit Time: 02:30PM
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC
Facility Status: ❑ Compliant Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page 1 of 3

Permit: NCG160199 Owner- Facility: Hmc Paving & Construction Cc Inc
Inspection Date: 05/29/2020 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On May 29, 2020 this facility was inspected for compliance and to determine if adequate progress has been made in
response to the previously issued Notice of Deficiency. I met with Craig Fortner on site. During the inspection, the following
items were noted:
1) A Stormwater Pollution Prevention Plan was not made available at the time of the inspection.
2) Qualitative and Analytical monitoring data were not made available at the time of the inspection
This office has concluded that adequate progress has not been made in response to the previously issues Notice of
Deficiency. Please see enclosed Notice of Violation for more information.
If you have any questions, please contact this office at [phone]
Page 2 of 3

Permit: NCG160199 Owner - Facility: Hmc Paving& Construction Co Inc
Inspection Date: 05/29/2020 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?
❑ 0 ❑ ❑
# Does the Plan include a General Location (USGS) map?
❑ 0 ❑ ❑
# Does the Plan include a "Narrative Description of Practices"?
❑ M ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
❑ M ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑ 0 ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
❑ 0 ❑ ❑
# Does the facility provide all necessary secondary containment?
❑ 0 ❑ ❑
# Does the Plan include a BMP summary?
❑ 0 ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ M ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
❑ 0 ❑ ❑
# Does the facility provide and document Employee Training?
❑ 0 ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
❑ 0 ❑ ❑
# Is the Plan reviewed and updated annually?
❑ 0 ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
❑ 0 ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
❑ 0 ❑ ❑
Comment: A Stormwater Pollution Prevention Plan was not available at the time of the inspection.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑
Comment: Qualitative Monitoring Records were not available at the time of the inspection.
Analytical Monitoring
Has the facility conducted its Analytical monitoring?
Yes No NA NE
❑■❑❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑
Comment: Analytical monitoring data was not available at the time of the inspection.
Permit and Outfalis Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? 1101111
# Were all outfalls observed during the inspection? 1111110
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑
# Has the facility evaluated all illicit (non stormwater) discharges? ❑ 0 ❑ ❑
Comment:
Page 3 of 3