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Home My WebLink AboutNCG020310_Regional Office Historical File Pre 2018Beverly Eaves Perdue Governor C4, . . RCDENR North Carolina Department of Environment and Natura Division of Water Quality Coieen H. Sullins Director Ms. Helen Holshouser Carolina Quarries, Inc. 805 Harris Granite Road Salisbury, North Carolina 28146 Subject: Dear Ms. Holshouser: September 24, 2009 Notice of Violation Tracking No. NOV-2009-PC-0760 Compliance Evaluation Inspection Gardenia White Quarry Rowan Mining COC Number NCG020310 Rowan County, NC Resources Dee Freeman Secretary Enclosed is a copy of the Compliance Evaluation Inspection (CEI) report for the inspection conducted at the subject facility on August 26, 2009, by Ms. Barbara Sifford of this Office. Thank you for your assistance and cooperation during the inspection. This report is being issued as a Notice of Violation (NOV) due to the facility's failures to update and implement the Stormwater Pollution Prevention Plan, and comply with all monitoring requirements, in violation of the subject Stormwater Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Stormwater Pollution Prevention Plan, Qualitative Monitoring, Analytical Monitoring Sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by October 26, 2009, addressing the above -noted violations in the attached report. In responding to the violations, please indicate a schedule for obtaining compliance with these permit conditions, you may address your comments to the attention of Ms. Marcia Allocco. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org NorthCarolina An Equal Opportunity t Affirmative Action Employer — 50% Recycled/10% Post Consumer paper re 2 Carolina Quarries September 24, 2009 The report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Ms. Marcia Allocco or Ms. Sifford at (704) 663-1699. Sincerely, for Robert B. Krebs Regional Office Supervisor Surface Water Protection Section Mooresville Regional Office Enclosure cc: Shelton Sullivan, NPS-ACO Unit Compliance Inspection Report Permit: NCG020310 Effective: 01/19/05 Expiration: 12/31/09 SOC: Effective: Expiration: County: Rowan Region: Mooresville Contact Person: Helen Holshouser Title: Directions to Facility: East at Anchor House on Earnhardt Road bear left to quarries. System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 08/26/2009 Entry Time: 10:00 AM Primary Inspector: Barbara Sifford Secondary Inspector(s): Certification Owner: Carolina Quarries Inc Facility: Gardenia White 280 Comolli Rd Deer Track Rd Rockwell NC 28138 Phone: 704-636-6780 Exit Time: 02:00 PM Phone: Phone: 704-663-1699 Ext.2196 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ❑ Compliant ■ Not Compliant Question Areas: 0 Storm Water (See attachment summary) Page: 1 Permit: NCG020310 Owner - Facility: Carolina Quarries Inc Inspection Date: 08/26/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page: 2 Permit: NCG020310 Owner - Facility: Carolina Quarries Inc Inspection Date: 08/26/2009 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? n ■ n n # Does the Plan include a General Location (USGS) map? n ■ n n # Does the Plan include a "Narrative Description of Practices"? n ■ n n # Does the Plan include a detailed site map including outfall 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? n ■ Cl n # Does the Plan include a BMP summary? ❑ ■ Cl 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)? C3 ■ n n # Is the Plan reviewed and updated annually? ❑ ® n # Does the Plan include a Stormwater Facility Inspection Program? n ■ n n Has the Stormwater Pollution Prevention Plan been implemented? ❑ ■ n n Comment: Consultant was reviewing and updating the plans. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n ■ n n Comment: No Qualitative Monitoring has been documented for this site. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ n n n # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ n n n Comment: Analytical monitoring for both the stormwater and the process wastewater has been performed for 2009. Total suspended solids and turbidity are over theallowable permit limits on the process wastewater discharge report for the first quarter of 2009. 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? ❑ ■ # 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: NCG020310 Owner - Facility: Carolina Quames Inc Inspection Date: 08/26/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: This mine site was operational and pumping on the day of the inspection, the outfall was only flowing thru one pond which did not allow for the turbidity to be settled out. The pond may need to be enlarged or it may be full of sediment and need to be cleaned out. The three basins that were sampled on 2/18/09 represent the inactive site of Rockwell White Quarry. To combine these two quarries into one permit will still require each site to be monitored for stormwater qualitative and analytical since they have separate discharges and detention times through a different series of basins. Page: 4 Carolina Quarries, Inc. August 16, 2001 NCDENR Division of Water Quality Mr. D. Rex Gleason, P.E. Water Quality Regional Supervisor 919 North Main Street Mooresville NC 28115 Subject: Dear Mr. Gleason, J 805 Harris Granite Road • Salisbury, NC 28146 (704) 636-6780 • Toll Free: 1 -8%kPb-@,g1Z r EL#Xn�7� � �3, 182 4•_' A U G 2 G 2.0.1 White Gardenia Quarry I am writing in response to the July 27h investigation conducted by Mr. Samar Bou- Ghazale. Our action taken to date has been to contact Mr. Mike Holcomb with McCall Brothers Inc, 6700 Brookshire Blvd, Charlotte NC, to clean up and restore affected areas. Enclosed is a copy of acceptance of the plan to clean up and dispose of contaminated soil. Also, Mr. Dan Short, with CCA Environmental, Inc will be supervising in the clean up and conducting the analytical report, all in accordance with current DENR analytical guidelines. A copy of signed proposal is enclosed as well. No date has been set as of yet, however the urgency in clean up has been discussed with both Mr. Mike Holcomb and 'Mr. Dan Short. They are working with us to schedule at their earliest opening. Our Quarry Foreman and employees have been advised not to steam wash any hydraulic equipment or tools that would cause a wastewater discharge. We will forward all reports and progress to your office. Sincerely, Helen Holshouser Administrative Manager CC Mr. Mike Holcomb, McCall Brothers, Inc Mr. Dan Short. CCA Environmental Mr. Jon Gregory, Rock of Ages Corp 08/16/2001 08:26 7048885052 CCA ENVIRONMENTAL PAGE 02/06 ` CCA, ENVIRONMENTAL, INC. 4324 Whitetail Lane Midland, NC 28107 Phone: 704.888.5051 Fax: 704.8 8 8.5052 August 15, 2001 — Ms. Helen Holshouser Carolina Quarries 805 Harris Granite Road Salisbury, NC 28146 Re: Proposal for Professional Services Gardenia White Quarry CCA Proposal P9945 Dear Ms Holshouser: CCA Environmental, Inc. is pleased to present this proposal for professional services at the referenced site. Based on our August 14, 2001 conversations with you, Mr. Sumar Voughazale (DENR), and Mr. Mike Holcomb (McCall .Brothers), we understand that oil from various sources stained the ground surface at Five locations over the property. We further understand that the :Department of Environment and Natural Resources (DENR) is requiring that the release be cleaned up. Mr. Holcomb also indicated that four of the stained areas are soil and that one area is rock. Mr, Voughazale, DENR site manager, stated that one laboratory sample per area would be sufficient to examine whether the desired cleanup had been achieved. We understand that McCall Brothers is proposing to excavate the contaminated soil and will address the rock cleanup by means other than excavation. CCA proposes to provide the following services: l . Mobilize to the site with the necessary tools and equipment for soil sampling. 2. Supervise excavation of contaminated soil and collect one soil sample from each soil excavation for analysis by Methods 8260 (volatile organic compounds), 9071 (oil and grease), 8082 (PCBs), and 3050 (chromium and lead) or their equivalent. These methods are in accordance with current DENR analytical guidelines. A laboratory sample from the rock area is not included in this estimate (it should not be required). 3. Prepare a letter report summarizing field activities and analytical results for submission to DENR. The estimated cost assumes that Carolina Quarries will provide a site map suitable for documenting sample locations. Charges will be based -on time and materials as shown on the attached Estimate. The estimated cost for these services is approximately $2,680. If you find the proposed scope of work and estimated cost satisfactory, please sign and return one copy of this proposal; terms of the original Please call if you have any questions. Sincerely, Dan Short, LG President Aut -zation Date 08/16/2001 08:26 7048085052 CCA ENVIRONMENTAL PAGE 03/06 CAA Environmental, Inc. 4324 Whitetail Lane Midland, NC 28107 (704) 888-5051 NAME/ADDRESS Carolina Quarry Ms. Helen Holshouser 1803 Harris Granite Road I Salisbury, NC 28146 DESCRIPTION I Professional supervision, sampling, and rcport, prepiration related to 5 pdtroleum releases to ground surface, Gardenia White Quarry 17.291 Field Supervision of Excavation, includes sample collection and mobilization 12.010 Mileage associated with various tasks 6.011 Sail contamination report 4,090 Method 8260, soil 4,090 Soil TPH 9071 (oil & grease) 4.090 Method 8082 PCBs 4,090 Cromium and lead by Method 3050 or 3051 IS. 100 Job Materials, maps, sampling supplies, insurance, communication~, ctu. I Services will be charged on a time and materials bmis. We took toward to assisting you with this project_ EstimateDATE I PROPOSAL NO. 08/1412001 P9945 TERMS I PROJECT Pay on receipt COST 75.00 PER i hour Carolina Quarry TOTAL 750.00 10 100 0.42 mile 42.00 6 75.00 hour 450.00 1 4 138.00 each 552.00 4 66.00 each 264.00 4 102.00 each 408.00 4 33.60 each 134.40 2,600 0.03 total 78.00 Total $2,678.40 08/16/2001 08:26 7048885052 CCA ENVIRONMENTAL PAGE 04/06 CCA ENVIRONMENTAL INC. SERVICE AGREEMENT Parties: CCA ENVIRONMENTAL, INC., is hereinafter referred to as "CCA." The CLIENT, CAROLINA QUARRY, is hereinafter referred to as "CLIENT." I. SCOPE OF SERVICES The scope of the services to be provided by CCA hereunder is described in Proposal P9945 attached hereto and incorporated herein by reference. This proposal may be supplemented from time to time by written or verbal changes in scope; the terms and conditions of this Service Agreement Will extend to all subsequent work unless specified in writing and signed by both parties. If. FEES The charges for the services, labor and materials provided by CCA hereunder shall be based on the fee schedule or estimate set forth in the Proposal attached hereto and incorporated herein by reference. CLIENT agrees to pay all of such charges. CCA agrees to provide CLIENT with a detailed description of services performed for CLIENT and the fees and charges associated with such services on a form approved by CLIENT. III. SOLE AND E�XCLUSIYE STANDARD BY WHICEI CCA'S PERFORMANCE IS MEASURED CCA WILL PWONM THE WORK UNDER TI HS AGREFMF.NT AS AN INDEPENDENT CONTRACI'OF./CoNSULTANT UTILIZING RFASONABLE CARE ANT) SKILL IN ACCORDANCE AND CONSISTENT WITH CUSTOMARY INDUSTRY STANDARDS. THIS STANDARD OF CARE IS THE SOLE AND EXCLUSIVE STANDARD OF CARE THAT WIU, BE APPLIED TO MEASURE CCA'S PERFORMANCE OF THE WORK. THERE- ARE NO OTHER REPRESENTATIONS ORWAP-RANT12S MADE BY CCA EXCEPT THOSE INCLUDED SPECIFICALLY HEREIN_ IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, CCA MAKES NO REPRESENTATION OR WARRANTY THAT THE IMPLEMENTATION OR USE OF THE RECOMMENDATIONS, OR FINDINGS OR CONCLUSIONS OF A REPORT, IF RF„PORT 1S PRESENTED, WILL RESULT IN COMPLIANCE WITH APPLICABLE LAW OR PROVIDE A TOTALLY SATISFACTORY RESULT, MOREOVER, ANY AND ALL IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF TEIE WORK ARF.. ITER) BY FXPRESSLY DISCLAIMED AND NEriATED. IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, NO IMPLIED WARRANTY OR MERCHANTABILITY OF FITNESS TOR A PARTICULAR PURPOSE SHALL APPLY. All recommendations, findings, and conclusions made by CCA will be made to the best of CCA's knowledge, opinion, and belief, based upon -information CLIENT made available to CCA at the time of review, and upon a variety of factors which may include, but are not limited to the following: federal, state, and local laws, rules, codes, regulations and ordinances; market conditions; energy cost wage rates; and political climate. A change of any of the factors upon which the review is based may adversely affect the recommendations, findings, and conclusions, if any, expressed by CCA. IV. RESPONSIBII,rry OF CLIENT TO PROVIOP ACCURATE AND SUFFICIENT INFORMATION It is CLIENT's responsibility to disclose to CCA prior environmental reports and analytical results relating to the work that is the subject of this agreement, and to advise of known hazardous wastes or hazardous substances, petroleum products, underground storage tanks and other matters relevant to the work that is the subject of this Agreement. In addition, unless they are obvious and clearly identifiable in the field, it is CLIENT's responsibility to disclose to CCA its knowledge of the presence of an accurate location of man-made objects relative to any field test or boring locations, although CCA will take customary and reasonable precautions to avoid damage to underground utilities and other underground objects. Unless otherwise noted, CLIENT warrants the accuracy and sufficiency of the information, plans, specifications and other material that it provides to CCA for use in connection with CCA performing its work under this Agreement, irrespective of whether such information and materials are provided directly by CLIENT to CCA or indirectly from one of CLIENT's other contractors, dealers or agents. V. CCA'S WORK IS EXCLUSIVELY FOR CLIENT, AND EXCLUSIVELY FOR THE PURPOSES CONTEMPLATED BY THE PARTIES WITH RESPECT TO THIS AGREEMENT, AND CLIENT HAS LEGAL AUTHORITY TO EXECUTE AGREEMENT ON BEHALF OF OWNER(S). The work to be performed by CCA under this Agreement is solely for the benefit of CLIENT. This Agreement shall not be construed as creating any contractual relationship of any kind between CCA and any third party. It is the intent of CCA and CLIENT that there are no third parry beneficiaries of this Agreement. The fact that CLIENT may enter into other agreements with third parties that provide CCA the 08/16/2001 08:26 7048885052 CCA ENVIRONMENTAL PAGE 05/06 Carolina Quarry Gardenia White Quarry CCA Proposal No. 9945 August 15, 2001 authority to inspect or reject work being performed by the third party shall not give rise to any duty or responsibility on the pan of CCA in favor of such third parry. Further, CLIENT covenants and agrees that CLIENT has full legal authority, as agent, to contract for all of the owner(s) and agrees that representations, warranties, and indemnification provided herein extend to CCA and its agents on behalf of these parties, but the work performed will not give rise to any responsibility on the part of CCA and its agents to these third patties. T he information and materials provided by CCA to CLIENT in connection with, the work shall be utilized by CLIENT only for the purposes contemplated by this agreement, and shall not be provided by CLIENT to third parties for their use without the prior written consent of CCA, except that CCA agrees that information and materials provided by CCA to CLIENT may be provided to and used by environmental agencies (including but not limited to the North Carolina Department of Environment, Health and Natural Resources and the United States Environmental Protection Agency), CLIENT's attorneys, and pursuant to any valid court order. CCA agrees that all reports and other documents prepared for CLIENT pursuant to this agreement are the property of CLIENT. CCA also agrees that it will not disclose to any third party any documents, reports, laboratory data or other information generated, created or produced for CLIENT pursuant to this agreement unless required by law, pursuant to a valid court order or upon written instruction of CLIENT. VI. TERMS AND CONDITIONS ok' )FIELD WORK CCA is to have Free access to the applicable properties at the times and on the dates field activities are scheduled. Delays to CCA beyond an aggregate total of 60 minutes during inspection are subject to waiting time charges to the extent such delays are caused by CLIENT or its employees, contractors or agents. CCA shall take reasonable and customary precautions to locate all underground utilities, tanks, lines and cables or other underground utilities before performing fieldwork that might damage underground utilities tanks, lines, cables or other underground structures. Delays due to locating or arising from damage to unidentified underground strictures and cables are subject to waiting time charges. Field decisions regarding excavation, monitoring well construction, and other activities are based on geologic principles, knowledge of the geologic province, and information provided by the client or from other sources. Additional work due to unusual natural or man-made conditions, including but not limited to weather, geologic conditions, and client actions, are beyond the scope of the proposal and will result in additional charges_ Invoices are due and payable' in U.S. dollars upon receipt. Invoices not paid within fifteen (15) days of date of invoice are subject to an interest charge of one and one-half percent (1.5%) on the outstanding balance for each month or portion thereof beyond the invoice date. CLIENT agrees to pay all charges incurred in the collection of overdue invoices, including, but not limited to, attorney's fees, court costs, collection agency fees, and CCA's time at a professional rate. CCA reserves the right to revise its fee schedule subject to fifteen (15) days notice. In the event CCA revises its fee schedule, CLIENT shall have fifteen (15) days from receipt of notice of the revision to determine whether to terminate this agreement. If this agreement is terminated, CCA agrees to' deliver to CLIENT all work product, reports, drafts and other documents prepared pursuant to this agreement within fifteen (15) days of notice of termination. Any revision to the work scope as described in the proposal shall be pursuant to a change order agreed to in advance by CL1L'N'r and made a part of this agreement. VII. LIMITATIONS ON CLIENT'S RIGHTS AND REMEDIES CCA shall not be liable in any way for work that is performed in accordance with the prescribed standard of care or for the failure to discover any condition that, pursuant to that standard, could nor reasonably have been discovered as a result of the work performed. CLIENT agrees that CCA's liability for damage arising out of or relating to any error, omission or other professional negligence in the performance of its Work under This agreement or otherwise will be limited to a sum not to exceed the contract price under this Agreement 08/16/2001 08:26 7048885052 CCA ENVIRONMENTAL PAGE 06/06 Carolina Quarry Gardenia White Quarry CCA Proposal No. 9945 August 15, 2001 (defined as the total man -time charges and expenses paid to CCA under this Agreement). Without limiting the foregoing, CCA shall in no event be liable for economic, incidental or consequential damages. CLIENT hereby waives all such damages and remedies other than recovery of the contract price under this Agreement, as above defined. In no event will CCA's directors, owners, officers, employees, or agents be liable to CLIENT, or any third party, for any liabilities, losses, damages, or expenses of any nature whatsoever, whether direct or indirect, caused by or resulting from the work or use of the work. Vlll. INDEMNIFICATION To the fullest extent permitted by law; Ci.iFNT will indemnify and hold harmless CCA, its directors, owners, officers, agents, contractors, and employees against any and all claims, demands or causes of action, and all costs, losses, liabilities, expenses and judgments, incurred in connection therewith, including attorney's fees and court cost (collectively referred to as the "Damages"), brought by any of CUENT's employees or representatives, or by any third party, based upon, in connection with, resulting from or arising out of any of the following: (a) CLIENT'S or CCA's actions or inactions, other than the gross negligence or willful misconduct of CCA, under this agreement, (b) CLIENT's use of the work that is the subject of this Agreement, (c) any allegation that CCA has handled, operated, generated, treated, stored, transported, or disposed of hazardous waste under the Resource Conservation and Recovery Act of 1976 as amended, or any other similar federal, state or local regulation or law, or (d) the CLIENT'S actual or alleged violation of any federal, state or local law or regulation relating to the environment. In the event that both CLIENT and CCA are adjudicated at fault with respect to damage or injuries sustained by the claimant, C11ENT shall indemnify CCA for the portion of the damage or injuries caused by CLIENT. IX. DISCLAIMER The procedures performed do not assure that contamination will be detected or that contamination detected is indicative of the full scope of possible contamination at the site. Further, the lab analysis, organic vapor analyzer readings, and other field measurements must be viewed as an indication only of conditions in the borings drilled. Further testing in any boreholes or in groundwater sampling can produce different test results_ However, nothing in this section limits or modifies the standard by which CCA's perrormance will be measured as provided in Section III of this Agreement. X. COMPLETE AGREEMENT This Agreement, along with its attachments, including the CCA'S proposal and any subsequent proposals, incorporates all of the previous and contemporaneous discussions, representations, understandings, and agreements betweenthe parties with respect to the subject matter of this Agreement. The terms and conditions expressed in this agreement shall not be altered except in writing, signed by both parties. XI. APPLICABLE LAW This Agreement is governed by, and will be construed in accordance with, the laws of the State of North Carolina. CCA EkVIRONMENTAL, INC. By: CAROLINA QUARRY. Accepted b :2 _ .1 ........... Date: Ca E/5-e- Date: P' 16 -0 Payment Terms: Invoices are due upon receipt invoices not paid within fifteen (15) days of invoice are subjectto an interest charge of one and one-half percent (1.5%) on the outstanding balance for each month or portion thereof beyond the invoice date.