Loading...
HomeMy WebLinkAboutNC0079383_Regional Office Historical File Pre 2018WOODSON, SAYERS, LAWTHER, SHORT PARROTT & WALKER, L.L.P. DONALD D.SAYERS ATTORNEYS AND COUNSELLORS AT LAW F. RIVERS LAWTHER, JR. - 225 NORTH MAIN STREET, SUITE 200 CARL M. SHORT JR. S. EDWARD PARROTT �j 6v may/ POST OFFICE BOX 829 SEAM C.WALKER J1�1i (A1 )ALI BURY, NORTH CAROLINA 28145-0829 ANDREW J. ABRAMSON TELEPHONE (704) 633-5000 ALSO ADMITTED IN FLORIDA r , TELEFAX (704) 637-2388 GENERAL E-MAIL: woodlaw@carolina.rr.com t January 25, 2006 Division of Water Quality 1k Attn: Mr. G.T. Chen 919 North Main Street Mooresville, NC 28115 WALTER H. WOODSON 1875-1964 1•'"� Llr-n'�Y. Q:i"'W;,glJ i,�IP Ip'�F pp ry ��� ¢¢ `6aJfY tUtk9.,e�t�il� 4'.l'Ly,y^^f__'�� E`•i.'n a t„96�J? � F�'r°.r':6J s: �7�r JAN 2 7 2006 TE6 Re: Kluttz vs. Rowan Granite Quarry, Inc. �Dear Mr. Chen - My name is Andrew Abramson and ,I am an attorney representing Kenneth and Sue Kluttz in an action pending in Rowan County Superior Court. The action surrounds pervasive sedimentation infiltration along with an oil discharge event we believe to be caused by the adjacent property owner, Rowan Granite Quarry, Inc. In reviewing the available documentation I note that at least on one occasion, perhaps more, you had the opportunity to visit the property in your official capacity as a representative of the Division of Water Quality. As such, your insights and observations will likely prove to be very helpful in the pending action. Accordingly, I would like an opportunity to meet with you and discuss the situation. At your earliest convenience, I would appreciate it if you could call me so that we might set up a mutually convenient time and location to discuss the Kluttz family's matter. I look forward to hearing from you soon. Very kindly yours, Andrew J. A ramson AJA:mmm Cc: clients DONALD D. SAYERS F. RIVERS LAWTHER, JR. CARL M. SHORT JR. S. EDWARD PARROTT SEAN C.WALKER ^' � ANDREW J. ABRAMSON '✓ ALSO ADMITTED IN FLORIDA WOODSON, SAYERS, LAWTHER, SHORT PARROTT & WALKER, L.L.P. ATTORNEYS AND COUNSELLORS AT LAW 225 NORTH MAIN STREET, SUITE 200 POST OFFICE BOX 829 SALISBURY, NORTH•CAROLINA 28145-0829 TELEPHONE (704) 633-5000 TELEFAX (704) 637-2388 GENERAL E-MAIL: woodlawc@carolina.rr.com January 25, 2006 Division of Water Quality Attn: Mr. D. Rex Gleason 919 North Main Street Mooresville, NC 28115 WALTER H. WOODSON 1875-1964 OFFICE 1 . JAN 2 7 2006 Re: Kluttz us._Rwoan Granite Quarry, Inc. llear Mr._G_leason My name is Andrew Abramson and I am an attorney representing Kenneth and Sue Kluttz in an action pending in Rowan County Superior Court. The action surrounds pervasive sedimentation infiltration along .with an oil -discharge event we believe to be caused by the adjacent property owner, Rowan Granite Quarry, Inc. In reviewing the available documentation I note that on multiple occasions, staff members from your office had the opportunity to visit the property in their official capacity as representatives of the Division of Water Quality. Additionally, it appears that on at least three occasions, Notices of Violation were sent by yourself or the then sitting Regional Supervisor to Rowan Granite Quarry, Inc. Based on the foregoing, your insights and observations will likely prove to be very helpful in the pending action. Accordingly, I would like an opportunity to meet with you and discuss the situation. At your earliest convenience, I would appreciate it if you could call me so that we might set up a mutually convenient time and location to discuss the Kluttz family's matter. I look forward to hearing from you soon. Very kindly yours, Andrew L A ramson AJA:mmm Cc: clients WOODSON, SAYERS, LAWTHER, SHORT PARROTT & WALKER, L.L.P. DONALD D.SAYERS cif ATTORNEYS AND COUNSELLORS AT LAW F.RIvERS LAwTHER,JR. 225 NORTH MAIN STREET, SUITE 200 CARL M. SHORT, JR. S. EDWARD PARROTT POST OFFICE BOX 829 SEAN C.WALKERSALISBURY, X NORTH CAROLINA 28145-0829 ANDREW J. ABRAMSON TELEPHONE (704) 633-5000 ALSO ADMITTED IN FLORIDA TE LEFAX (704) 637-2388 GENERAL E-MAIL: wood lawWcarolina.rr.com January 25, 2006 Division of Water Quality Attn: Ms. Barbara Sifford 919 North Main Street Mooresville, NC 28115 WALTER H. WOODSON 1875-1964 JAN 2 7 2006 RLMs. tz vs -Rowan Granite Quarry, Inc. Dford: My name is Andrew Abramson and I am an attorney representing Kenneth and Sue Kluttz in an action pending in Rowan County Superior Court. The action surrounds continuing sedimentation infiltration along with an oil discharge event we believe to be caused by the adjacent property owner, Rowan Granite Quarry, Inc. In reviewing the available documentation I note that at least on one occasion, perhaps more, you had the opportunity to visit the property in your official capacity as a representative of the Division of Water Quality. As such, your insights and observations will likely prove to be very helpful in the pending action. Accordingly, I would like an opportunity to meet with you and discuss the situation. At your earliest convenience, I would appreciate it if you could call me so that we might set up a mutually convenient time and location to discuss the Kluttz family's matter. - I look forward to hearing from you soon. Very kindly yours, Andrew J. A ramson AJA:mmm Cc: clients � � n y' :. �f / i. � /�ara,� rr a �m'`TATUP e r D SOUP ... 2L1Yf V� L1i1 Aa�.7Vi Vt I A1YtJ'IN \AT t\Yi DIVISION OF WATER OUALTIY WATER QUALITY SECTION 919 NORTH MAIN STREET MOORESVILLE, NORTH CAROLINA 28115 REPORT OF: Compliant Investigation DATE OF INVESTIGATION: October 1-November 1, 2004 INVESTIGATED BY: Barbara Sifford and Wes Bell TIME SPENT: Total18.0 hours PLACE VISITED: Rowan Granite Quarry and Ken Kluttz property PHYSICAL LOCATION: Faith, Rowan County MAILING ADDRESS: 3025 Artz Road and 5145 Mt. Hope Church Road Salisbury, NC 28146 TELEPHONE #: (Quarry) 704-279-1740 (Kluttz) 704-279-2702, RIVER BASIN: Yadkin -Pee Dee PERSONS CONTACTED: Mr. Max Rohlfing, Manager of Rowan Granite Quarry Ken and Sue Kluttz adjacent property owner REASON FOR VISIT: Investigation of complaint regarding illegal discharge of oil I 'OP1 h"5 "1'0: kowan County Fmergencv Management Mr. Ken Kluttz REPORT: On October 1, 2004 this office received a report from Rowan County Emergency Management that the oil had been discharged into surface waters of the State from the Rowan Granite Quarry site located on Artz Road. The oil flowed across adjacent property into a pond owned by Ken Kluttz on Mt. Hope Church Road. Rowan Granite Quarry is a mining operation (dimension granite stone). Ms. Sifford met with Mr. Frank Thomason and Art Delaney of Rowan County Emergency Management, and the complainant, Mr. Ken Kluttz, on the morningof October -1, 2004. Ms. Sifford noted that the flow in the unnamed tributary to Crane Creek, located between the quarry discharge site and the complainant's pond, had a fuel oil smell, and that the Quarry had apparently been pumping from the site recently due to the large volume of water flowing down the creek. Rowan County Haz Mat was called to the scene and placed a boom across the discharge of Kluttz's .pond to prevent any further downstream discharge of the oil. Mr. Max Rohifmg also placed a boom across the quarry's storm water retention pond on the quarry site. After these booms were in place Ms. Sifford and Mr. Thomason accompanied Mr. Rohlfing for a visit of the quarry site. An f—i 1 Hit, 0 1; 1 sh 41 Aj npQ I A p 061, ARM RN, 11 . 1 jj "AT � WQ MY p"AM Q of I � If 0) 1 K& 000. . �nuy) novaA AS? JAUWi 21: UYIN, A SIR UJIM! sill VA A&MITA 11WVAIAQ� 0700MY 10"Ay 1 TKA 1 Aq ["""r (4) n"T : 1 RVATTS W"'., A WAS yva, njo 1 Wkno; AM son 1 jjj. ji"", Won 0 own yvon�q mk.bamy 5"X01 -00 Af, AZOV An on hyv�d 0�. Y%Wy) Mom.': Ms. Sifford researched the files and found a Ietter that indicated the Division of Water Quality had issued a General Permit and Certificate of Coverage No. NCG020074 covering Stormwater and process wastewater discharges for the Solar White Quarry. The certificate of coverage became effective on December 17, 1999 and is effective for the duration of the General Permit, which expired on November 30, 2004. On November 1, 2004, Mr. Wes Bell and Ms. Barbara. Sifford made another scheduled site, visit to review the status of the above noted oil spill and to review the analytical records required by the Stormwater General Permit No. NCG020074. No records could be provided by the facility. The facility also failed to implement adequate house keeping practices as evidenced by oil staining on the ground around fuel oil tanks and the waste oil drums being stored without any safeguards to prevent stormwater contamination. Mr. Rohlfing was informed that the above noted failures were violations of the facility's permit. Mr. Bell recommended that Mr. Rohlfing review the conditions of the permit and the section on Best Management Practices. He also recommended that fuel storage areas and waste oil storage areas be covered and diked to contain spillage and rain water from carrying contaminates into the quarry basins. In addition, Mr. Rohlfing was informed again of the environmental laws regarding the petroleum contamination and reporting requirements for oil spills. Mr. Rohlfing was courteous. A follow-up visit will be necessary to verify the facility's remedial action and the compliance status with Stormwater Permit No. NCG020074. i • 1 On Friday October 1, Ms. Sifford and Mr. Thomason observed an oily sheen in the bottom excavation pit of the quarry. Mr. Rohlfing's explanation was that it must have entered the pit from offsite during a rain event and he was unaware of the presence until notified by the Rowan County Fire Marshall on Friday morning: Mr. Rohlfing did stop pumping the oil blend from the quarry pit on Friday. Ms. Sifford told him that he needed to hire someone to cleanup the contamination prior to pumping the pit again. Ms Sifford was given the name of Mr. Rick Peterson as the contractor that would be doing the work. Mr. Rohlfing, Mr. Thomason and Ms. Sifford walked around the quarry searching for any entrance of oil to the site, none was observed. It was observed that many drums of used oil and fuel tanks are located around the property without shelter or secondary containment to prevent stormwater runoff and contamination. One drum was turned over and emptied on the ground with staining evident where it had soaked into the soil on top of the quarry site. On Tuesday, October 5, 2004, Mr. Samar Bou-Gazally with SWP of this office called Mr. Rohlfing to discuss the cleanup status. Mr. Rohlfing said he was working on the cleanup. On the afternoon of Wednesday October 5, Mr. Thomason of Rowan County Emergency Management called the MRO to report that the quarry was again pumping the oil and water mixture. On the morning of Thursday, October 7, 2004, Ms.,,Sifford visited the quarry again and determined that the water level in the pit was lower than observed on Friday October 1, and that the sheen was still apparent on the water in the lower pit, also no apparent remedial actions had been taken by Mr. Rohlfing. On Monday, October 11, 2004, Mr. Wes Bell and Ms. Sifford revisited the site to determine whether remedial actions had been taken. No discharge from the quarry was occurring at that time. A residual smell of oil remained in the woods where the discharge from the quarry filters out through the vegetation in the woods. The water in the pit in the quarry still had a visible sheen and there was indication that any additional cleanup activities had occurred at this location. Mr. Rohlfing said he did not plan to pump any water since he was now working in another area on this site. Mr. Bell and Ms. Sifford observed that tracks from the excavator and loading equipment led to the bottom pit area. Nothing else had been done to the stormwater retention pond and nothing to the wooded area for remediation of the oil discharge. On October 21, 2004, Mr. Delaney visited, the site it was his opinion was that the woods did not contain enough oil product at that time to impact surface water any longer. He determined the site was not in emergency status at that time. Mr. Delaney reported to the MRO that absorbent material had been placed in the bottom pit at the quarry to collect oil from the surface before pumping. On October 22, 2004 Ms. Sifford talked with Mr. Rohlfing about the oil and he assured her .that he was not pumping any material. On October 26,2004 Ms. Sifford sampled the discharge from the quarry stream flowing into the pond on Mr. Ken Kluttz's property to obtain information on background surface water quality during times when the quarry is not pumping and no recent rainfall had occurred. ROWAN GRANITE QUARRY, INC. 3025 Artz Road Salisbury, NC 28146 Report to/an :NCDENR Attn./z.Hdn. : Mr. Gleason cc : Ms Sifford Sender/Absender :Max Rohlfing [rohlfing@Salisbury.net] Date/Datum February 2005 Pages/Seitenzahl please call back if message is incomplete or illegible: Falls Sie nicht alle oder unleserliche Seiten erhalten haben, wenden Sie sich bitte an: To North Carolina Department of Environment and Natural Resources Division of Water Quality Water Quality Section D. Rex Gleason, P.E. 919 North Main Street Mooresville, NC 28115 c.c.: Barbara Sifford From Rowan Granite Quarry, Inc. 3025 Artz Road Salisbury, NC 28146 Ref.: Notice of Violation Incident# 200500162 CERTIFIED MAIL SOLAR WIIITE.@� Tel: (704) 279-7767 Fax: (704) 279-6760 E-Mail: info@rowangranite.com Website: www.rowangranite.com (incl.this pagefinkl.d. Seite) 3 Tel.: +1 704 279 7767 Fax.: +1 704 279 6760 opu` DEPT. Col" F1 Vli3ONU��&AE JT FEB 18 2005 ! AA{ Postal Address: P.O. Box 879, Faith, NC 28041 Dear Mr. Gleason, We are in receipt of the above mentioned violation notice and would hereby like to submit our comments to that incident: Prior to October 1 s`, 2004, extremely heavy rainfalls occurred and flooded our area and the area adjacent to our mining property. During that rainstorm, it appeared that one of our buckets containing diesel might have flipped and caused the remaining diesel in that bucket to pour into the downstream. We used that diesel container to clean machinery parts and contained less than 3 gallons of diesel. Unfortunately I did not observe that incident so I am not sure whether this incident was indeed cause for diesel to get downstream. Around the property of Mr. Klutz, fresh tracks of equipment could be observed as well as fresh 4- wheeler-tracks originating from that property together with empty oil containers and other diverse trash. Alongside the entrance road, we detected empty oil containers truckers were using to perform maintenance on their trucks. These truckers are from an independent trucking contractor and have been reprimanded on not littering on our property. At this point I would not exclude acts of vandalism as a cause for the spill either. If indeed we caused the dilution, we are sincerely song about that. We would never intentionally pump contaminated water downstream. The investigation report mentioned that we repeatedly discharged contaminated water into the stream, which is incorrect. Our discharge of quarry water is according to our mining application into the sediment pond across the street, which has been shown to Ms. Sifford, Mr. Bell and Mr. Thomason. The oil sheen that Ms. Sifford observed on the water was not discharged and stems from the equipment dirt being washed off during the rainstorms. The water level was lower on October 5 than on October 1 since we pumped water into our sediment pond during that time with a sump pump, but none of the contaminated water drained into the neighboring pond or even left the mine site. The investigation report did not mention the protective berm around the area where water had been stained, therefore the statement that "no remedial actions were taken" is not correct. Again, the amount of contamination can be quantified as less than maybe a gallon of diesel which still gives the appearance of a large spot. The report said that on October I Vh a residual smell of oil remained in the woods. I did not make the same observation. It as well said that nothing had been done to the wooded area for remediation, which is as well not correct, as demonstrated to Ms. Sifford. For the sediment pond downstream, it is currently very difficult to access that area with equipment since the area adjacent to our property is re -vegetating and access to the pond is only possible via the property of Mr. Klutzz, whom I wish not to disturb with our activities. In accordance to house keeping rules, I admit that the practice of having empty oil drums or drums with used oil in an unconfined area is not according to housekeeping rules recommended by the permit. Unfortunately, we have the problem of finding contractors to take our empty oil drums. Used oil from drums is regularly disposed off by environmental agencies (information and phone Vs of the contractors we use is available upon request), but we do not find contractors to accept empty drums, which leaves a rather untidy impression of the operations. As to other areas of the operation, we try to keep the area around our stationary diesel equipment as clean as possible, ensuring that at no time we spill oil into the waters. We have been trying to implement strict housekeeping rules and try to protect the environment and our neighbors from nuisances arising form our operations, and I think overall we have an excellent standing since our operations are sight- and noise protected and continuous re -vegetation hides our quarry from our neighbors. We surely intend to keep up and improve that protection. According to water sampling procedures, I was not aware of keeping records of water samples on file or submitting those records to authorities. Since we are using the sediment pond across the road, all down -streaming water into the neighboring pond and then into the unnamed tributary creek is settled and clean, unless heavy rainfalls take too much of soil from the. property downstream. In future, we will take samples and have them analyzed according to permit requirements. I received many helpful hints from Ms. Sifford and Mr. Bell which will assist us in being in full compliance with all requirements. Especially in the times of heavy rainfalls, the sediment system that has been set up is not sufficient to handle the water masses from the surrounding area. This problematic has been addressed and in our latest mining application (dated May 2004), we submitted a suggestion to double the amount of sediment basins in our quarry operations. The calculations were provided by the "Salisbury Engineering and Planning" bureau; design of the ponds are planned for double the rainfall that can be expected (calculation sheet and design of pond is available upon request). Work on this is to commence as soon as the dry season starts (hopefully by end of February); expected amount of monies we will spend is around 25,000$US (quotation is available upon request). The new setup will prevent any unsettled water to reach our neighboring, pond and the unnamed tributary. We will continue to re - vegetate all areas around the operations to ensure that we work as integral part of the environment, not against it. We have always been helpful and very generous towards our neighbors and will continue to be so since it helps in establishing a positive relationship and attitude towards mining operations. Mr. Klutzz' property is almost entirely screened off from the mine site since ' the stone berm is naturally re -vegetating and by this providing an excellent noise- and sight barrier. We would really like this to continue and therefore would not like to have any major equipment around the area of our waste dump since years of natural reclamation would be nullified. Please do not hesitate to approach us if you have any comments or suggestions on how to improve the situation, we are glad to incorporate any -helpful suggestions in our plans. Best Regards Max Rohlfing C W ATF9Q � t- p K Michael F. Easley. Governor William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality T.,,.,,.,rt, � 1 �r►nc CERTIFIED MAIL . RETURN RECEIPT'REQUESTED Mr: Max Rohlfing Solar White Quarry. 3025 Artz Road Salisbury, NC 28146 Subject : Notice of Violation/Notice of Recommendation for Enforcement Violation ofN.C.G.S. 143-215.1 and Stormwater Permit No.NCG020074 Violation ofN.C.'G.S. 143-215.83. 143-215.84 and 143-215.85 Illegal Discharge of Oil Incident No. 200500162 NOV-2005-OC-002 Rowan -County; N.C. Dear Mr. Rohlfing: Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. Enclosed please find a copy of a Complaint Investigation Report for the investigation conducted on October,l through November L 2004..by Ms. Barbara Sifford- and Mr. Wes Bell of this Office. As a result of this investigation, the following conditions were found in violation of G.S. 143-215.1, G.S. 143-215.83, G.S. 143-215.84, G.S. 143-215.85 and General Stormwater Permit No. NCG020074. Oil contaminated water was observed in the lower quarry pit that was being discharged to surface waters. Oil contaminated soil was observed in several areas around the top of the quarry where equipment was operating, and around drum Noae Carolina tura!!� AMA WLD NR N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave., Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-977-623-6748 MW Page 2 January 21, 2005 Mr. Rohlfing storage and fuel storage areas. Solar White Quarry also failed to implement the conditions of its stormwater permit, which requires establishment of a facility inspection program, preventive maintenance/ good housekeeping practices, and a quarterly analytical monitoring program.. Please be advised, that this report is being issued as a Notice of Violation (NOV) and Notice of Recommendation for Enforcement (NRE) for the violations of G.S: 143= — 215.1 143-215 83 143-215 84 'and l_43-215 85 _Also. be advised -hat -pursuant to-G.S. 143-215.88A, anyperson-who:intentionally or negligently discharges oil or other hazardous- substances; or owing _ causes or permits the discharge of oil in violation of G.S. 143-215.83, 'or who fails to report a discharge as required by G.S. 143-215.85, or' who fails to comply with the cleanup requirements of G.S. 143-215.84, shall incur, in addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5,000.00) for each such violation. Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that twenty-five thousand dollars ($25,000.00) per violation or twenty-five thousand dollars ($25,000.00) per violation, per day when the violation is of a continuing nature, against any person who fails to abide by NCGS 143-215.1,.including violations of any water quality standards. To comply with the regulations it will be necessary to remove and properly. dispose of the contaminated soil and restore all affected areas as nearly as may be to the conditions existing prior to the discharge. In addition your facility must incorporate and abide by all required conditions of Permit No. NCG020074. It is requested that 'you respond in writing to this Notice describing the remedial cleanup activities of the contaminated soil and the actions you have taken to resolve the violations of Permit No. NCG020074. Please address your response to Ms. Sifford by no —later-than-February 21; 2005. — -- — — - -- -- - - — — This letter -As also. _to advise,you that this Office. is. considering. sending a recommendation for enforcement action to the Director of the Division of Water Quality for the facility's failure to abide by the conditions of Stormwater General Permit No. NCG020074 and the illegal discharge of petroleum products.. If you have an explanation for the violations that you wish to present, please include same in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along with the enforcement package. for his consideration. On Friday October 1, Ms. Sifford and Mr. Thomason observed an oily sheen in the bottom excavation pit of the quarry. Mr. Rohlfing's explanation was that it must have entered the pit 'from offsite during a rain event and he was unaware of the oil until notified by the Rowan County Fire Marshall on Friday morning. Mr. Rohlfing did stop pumping the oil/water mixture from the quarry pit. on Friday. Ms. Sifford told him that he needed to hire someone to cleanup the contamination prior to pumping the pit again. Ms Sifford was given the name of Mr. Rick Peterson as the contractor that would be doing the work. Mr. Rohlfing, Mr. Thomason and Ms. Sifford walked around the quarry searching for any entrance of oil to the site, none was- _ observed: It was observed that many drums of used oil and fuel tanks are located around the property without shelter or secondary containment_to prevent stormwater runoff and contamination: One drum_ was turned over and emptied on the ground with staining, evident where it had soaked into the soil.' . _ On`Tuesday, October 5, 2004,'Mr. Samar Bou-Ghazale with SWP, of this office called Mr.- Rohlfing to `discuss the cleanup status. Mr. Rohlfing said he was working on the cleanup. On the afternoon of Wednesday October 5, Mr. Thomason called the MRO to report that the quarry was_ again pumping the oil and water mixture. On the morning of Thursday, October 7, 2004, Ms. Sifford visited the quarry again and 'determined that the water.level in the pit was lower than_observed on Friday October 1, and that the sheen was still apparenton the water in the lower pit; also 'no apparent remedial actions had been taken by Mr. Rohlfing. . On Monday, October l 1, 2004, Mr. Wes Bell and Ms. Sifford revisited the site to determine. whether remedial" actions had been taken. No discharge from the quarry was occurring at that time. A residual smell of oil remained in the woods where the. discharge from the quarry _ -.- filters.through.the vegetation �in the woods:., Thewater in.the pit in the quarry still. had a.visible sheen and there was no indication that any additional cleanup. activities had occurred at this location: 'Mr.-_Rohlfing said he did not plan to pump any more water since.he was -now working,. in anotherarea'on this'site. Mr. Bell and Ms. Sifford observed that tracks from the excavator and 416ading_ equipment led to the bottom pit area. Nothing else had been done to the stormwater retention pond and nothing to'thewooded area for remediation of the oil discharge. On October 21, 2004, Mr. Delaney visited the site. It was his opinion that the woods did not contain enough oil product at that time to impact surface waters any longer. He.determined _ the. site was notan emergency:status at that time. 1Vir_: Delaney reported: to t116MRO that absorbent material had been placed in the bottom pit at the"quarry'to collect oil from the surface: On October 22, 2004 Ms. Sifford talked with Mr. Rohlfing about the oil and he assured her that he was not pumping any material. - On October 26, 2004 Ms. Sifford sampled the discharge from the quarry stream flowing into the pond on Mr. Ken Kluttz's property to obtain information on background surface water. quality during times when the quarry is not pumping and no recent rainfall had occurred. mm C 5 Mt: Hope Church Road Salisbury, N(. _1�i146 EPHONE #: (Quarry) 704 279-1740 (Kluttz) 704-279-2702 ER BASIN Yadkin Pee Dee -J Siiiord from the Division of Water :Quality's Mooresville Regional Office,metwith Mr. Frank, Thomason and Art Delaney of Rowan County'Emergencyhanagement, and the complainant, _ Mr KenKlI t , onahe-morning of October 1, 2004. Ms. Sifford noted that the flow in the unnamed tributary to Crane Creek, located between the quarry discharge site -and the complainant's pond, had a fuel oil smell, -ind.that.the Quarry had: apparently beenpumping from thesite recently due to the large volume of water flowing down the creek.. Rowan County>Haz- Mat was called to the scene and placed a boom across the discharge of Kluttz'. s pond to prevent. any further downstream discharge of the oil. Mr... Max Rohlfing also placed a boom across the quarry's storm water retention pond on the quarry site. After these -booms were in place Ms. Sifford and Mr. Thomason accompanied Mr. Rohlfing on a visit of the quarry site. DIVISION OF WATER QUALITY Chemistry Laboratory Report / Water Quality W SAMPIFTYPF COUNTY ROWAN PRIORITY RIVER BASIN: AMBIENT QA 0 STREAM EFFLUENT REPORT TO MRO Regional Office X❑ COMPLIANCE X❑ CHAIN OF CUSTODY LAKE INFLUENT Other EMERGENCY VISITID ESTUARY COLLECTOR(S) : B SIFFORD �1 Lab Number : 4W6725 Date Received: 10/272004 Time Received: 9:30 AM Received By : DS Estimated BOD Range: Station Location: POND INFLUENT- KLUI-IZ Seed: Chlorinated: Remarks: Station H Date Begin (yy/mm/dd) Date End (yy/mm/dd) Time Begin Time End Depth - DM, DB, DBM Value Type • A, li, L Composite-T, S, Sample Type ®V 1 2 200 A 1 2004I026 � 0750 BOD 310 mg/L COD High 340 mg/L COD Low 335 mgJL Coliform: MF Focal 31616 /100ml Colifortn: MF Total 31504 /100ml Coliform: tube Fecal 31615 /100ml Coliform: Fecal Strcp 31673 /100ml Residue: Total 500 mgtL Volatile 505 mgJL Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile 535 mg/L Fixed 540 mg/L H 403 units Acidity to pH 4.5 436 mg/L Acidity to pH 8.3 435 mg/L Alkalinity to pH 8.3 415 mg/L Alkalinity to pH 4.5 410 mg/L TOC 680 mg/L X Turbidity 76 20 NTU Coliform Total Tube 7100 mis COMMENTS: Chloride 940 mg/L Chl a: Tri 32217 ugJL Chl a: Corr 32209 ug/L Pheophytin a 32213 ugJL Color: True 80 C.U. Color. (pli ) 83 PH= C.U. Color. pH 7.6 82 C.U. Cyanide 720 mg/L Fluoride 951 mg/L Fortnaldchydc 71880 mg/L Grease and Oils 556 mg/1- Hardness Total900 mg/L Specific Cord. 95 umhos/cm2 MBAS 38260 mg/L Phenols 32730 ug/L Sulfate 945 mg/L Sulfide 745 mg/L Boron Tannin & Lignin ug/L Hexavalent Chromium ug/L Bicarbonate mg/L Carbonate mg/L NH3 as N 610 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 m91L K-Potassium mg/L Cd-Cadmium 1027 ug/L Cr-Chromium:Total 1034 ug/L Cu- Copper 1042 ug/L Ni-Nickcl 1067 ug/L Pb- Lead 1051 ug/L Zn- Zinc 1092 ug/L V-Vanadium ug/L Ag- Silver 1077 ug/L Al- Aluminum 1105 ug/L Be -Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe- Iron 1045 ug/L Li -Lithium 1132 ug/L Mg- Magnesium 927 mg/L Mn-Manganese 1055 ug/L Na- Sodium 929 q ETP rmglL. Arsenic:Total 1002 gp'1LQ; Se -Selenium 1147 ug/L Hg- Mercury 71900 ug/L Ba Barium ug/L Organochlorine Pesticides Organophosphoms Pesticides Acid Herbicides BaseMcutml&Acid Extractable Organics TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPH/BTEX Gasoline Range Phytoplankton Y 0 -- DIVISION OF WATER QUALITY WATER QU ITY ELD- A FORM (D I) COUNTY A i, )/,') PRIORITY SA LE E wit RIVER BASIN AMBIENT REPORT TO: ARO F MRO RO WaRO WiRO WSRO TS AT BM Other Shipped by: Bus, Courier, Stafi, Other Co cc f COLLECTOR(S): A_ S v c r Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus Sccd: Ycs❑ No ❑ Chlorinated: Ycs❑ No® DOCOMPLIANCE ❑ EMERGENCY I�T STREAM ❑ EFFLUENT ❑ LAKE ❑ INFLUENT ❑ ESTUARY 0 For Lab Use ONLY Lab Number: Date Received: Time: : Rec'd by: From: B - ou er- and Del. DATA ENTRY BY: CK: DATE REPORTED: Station 0 Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DB DBM Value Type Composite Sample T pc / ® /•`�D 0 IO O%;S� ADM/ !(/ A H L T S B C G GNXX I I DODS 310 mg/L 2 COD I ligh 340 mg/L 3 COD Low 335 mg/L 4 Coliform: MF Fecal 31616 /100ml 5 Coliform: MF Total 31504 1100ml 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Slrep 31673 /100ml 8 Residue-. Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L I Residue: Suspended 530 mg/L 12 Volatile 535 mg/L 13 Fixcd.540 mg/L 14 pit 403 units 15 Acidity to pit 4.5 436 mg/L 16 Acidity to pH 8.3 435 mg/L 17 1 Alkalinity to pit 8.3 415 mg/L 18 Alkalinity to pit 4.5 410 mg/L 19 TOC 680 mg/L 20 Turbidity 76 NTU Chloride 940 mg/L Chl a 70953 (tg/L Color: True 80 Pt -Co Color:(pli ) 83 ADMI Color:pll 7.6 82 ADMI Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 MBAS 38260 mg/L Phenols 32730 µg/L Sulfate 945 mg/L Sulfide 745 mg/L N113 as N 610 mg/L TKN as N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µg/L Cr-Chromium; Total 1034 pg/L Cu-Copperl042 pgfL Ni-Nickel 1067 ltg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µg/L Ag-Silver 1077 µg/L AI -Aluminum 1105 µg/I- Bc-Beryllium 1012 µg/L Ca -Calcium 916 mg/L Co -Cobalt 1037 µg/L Fc-Iron 1045 µg/L Li -Lithium 1132 µg/L Mg -Magnesium 927 mg/L Mn-Manganese 927 µg/L Na-Sodium 929 mg/L Arscnic:Total 1002 µg/L Sc-Selenium 1147 µg/L I f g-Mcrcury 71900 µ g/L Organuchlorinc Pesticides Organophosphorus Pesticides Acid Herbicides Base/Ncutral Extractable Organics Acid Extractable Organics Purgcablc Organics (VOA bottle rcq'd) Ph Ioplankton Lab Use Only r Temperature on arrival: Sampling Point % Conductance at 25°C Watcr Tem cm(ure °C D.O. myJL PH Alkalinity Acidity Air TemperattffcC 1T8.3 pH 4.5 pH4.5 pit8.3 2 94 0 300 400 2244 431 82243 82242 20 Salinity 46° Precipitation (in/day) Cloud Cover % Wind Direction (Dcg) Stream Flow Severity Turbidity Severity Wind Velocity Mean Stream Depth R. Stream Width R. 80 5 32 36 1351 I 1350 35 64 4 7\ Michael F. EasleyGo mor -_ OF W A ��9 , William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W..Klimek, P. E. Director Division of Water Quality 0 Y 7.,..TeRn? 1 ?f1l15 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Max Rohlfing."_ . Solar White Quarry. 3025 Artz Road Salisbury, NC 28146 Subject : Notice of Violation/Notice of Recommendation for Enforcement Violation ofN:C.G.S. 143-215.1 and Stormwater Permit No.NCG020074 Violation ofN.C.G.S. 143-215.83. 143-215.84 and 143-215.85 Illegal Discharge of Oil Incident No. 200500162 NOV-2005-OC-002 Rowan County, N.C. . Dean Mr. Rohlfing: Chapter 1.43, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. Enclosed please find a copy of a Complaint Investigation Report for the, ..investigation conducted on October l through November- 1, 2004 by. Ms. _Barbara Sifford- - and W. We Bell of this Office: `As a result of this investigation, the following conditions were found in violation of G.S. 143-215.1, G.S. 143-215.83, G.S. 143-215.84, G.S. 143-215.85 and General Stormwater Permit No. NCG020074. Oil contaminated water was observed in the lower quarry pit that was being discharged to surface waters. Oil contaminated soil was observed in several areas around the top of the quarry where equipment was operating, and around drum No°e Carolina tura!la,� A N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave., Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Page 2 January 21, 2005 Mr. Rohlfing storage and fuel,.storage areas: Solar White Quarry also failed to implement the conditions of its stormwatgr `permit, which requires establishment of a facility inspection program, preventive maintenance/ good housekeeping practices, and a quarferly analytical momtoruig program. Please be advised that this r rt is being issued as a Notice of Violation (NOi� and Notice of Recommendation for Enforcement (1VRE) for the_violations of G S '143 215 1 143-215 83,' 143-215 84 'and "14.3215 85 Also be advised that pursuant to G.S. 143 2151 anyperson who.intentionally:or neghgently:discharges oil or other t- hazardous substances, or knowingly causes or, permits the discharge of oil ui violation of `or G S. -143-215 83 who fails'to report a discharge as required by G.S:.143' 215.85, or who fails to comply with the cleanup requirements of G.S: 143-215.84, shallincur, in - addition to any other penalty provided by law, a penalty in an amount not to exceed five . thousand dollars ($5,000.00) for:each`such violation. Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that twenty -fire thousand dollars ($25,000.00) per. violation or twenty: five thousand dollars ($25,000.00) per violation, per day when the ion is of a continuing nature; against'any person who fails to abide by NCGS'.143-21.5.1, including violations of any water quality standards: : :: To comply with the regulations it willbe necessaryto remove and properly dispose of the contaminated soil and restore allaffected areas as nearly as may be to the conditions existingpri6fto the_discharge, b addition your facility must incorporate and abideby all required conditions of Permit No. NCG020074. It is requested that,you respond in writing to this Notice describing the remedial cleanup activities of the contaminated soil and the actions you have taken to resolve the violations of Permit No. NCG020074. Please address your response to Ms. Sifford by no later than February 21, 2005. This letter is als0b_advise ou that this Office, is; considering- sending recommendation for enforcement action to the Director of the Division of Water Quality for the facility's failure to abide by the conditions of Stormwater General Permit No. NCG020074 and the illegal discharge of petroleum products. If you have an explanation for the violations that you wish to present, please include same in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the.Director along with the enforcement package for his consideration. F-1-K 7. 'd6'not' ave any, questions; please do hesitate to contact Ms Safford or D. Rex Gleason, P.E. Thomason and Art Delaney of.Rowan County Emergency Management, and the complainant, Mr. Ken Kluttz-, on the morning of October 1, 2004: Ms. Sifford noted that the flow in the unnamed tributary to Crane Creek, located between the quarry discharge site and the complainant's pond, had a fuel oil smell, and that the Quarry had apparently been pumping from the site recently due to the large volume of water flowing down the creek. Rowan County Haz- Mat was called to the scene and placed a boom across the discharge of Kluttz's pond to prevent any further downstream discharge of the oil. Mr. Max Rohlfing also placed a boom across the quarry's storm water retention pond on the quarry site. After these booms were in place Ms. Sifford and Mr. Thomason accompanied Mr. Rohlfing on a visit of the quarry site. On Friday October 1, Ms. Sifford and Mr. Thomason observed an oily sheen in the bottom excavation pit of the quarry. Mr. Rohlfing's explanation was that it must have entered the pit from offsite during a rain event and he was unaware of the oil until notified by the Rowan County Fire Marshall on Friday morning. Mr. Rohlfing did stop pumping the oil/water mixture from the quarry pit on Friday. Ms. Sifford told him that he needed to hire someone to cleanup the contamination prior to pumping the pit again., Ms Sifford was given the name of Mr. Rick Peterson as the contractor that would be doing the work. Mr. Rohlfing, Mr. Thomason and Ms. Sifford walked around the quarry searching for any entrance of oil to the site, none was observed: ' It was. observed that many drums of used. oil and fuel tanks are located around the propertywithout shelter'or secondary containment to prevent stormwater runoff and contamination. One drum was -turned "over and emptied on the ground with staining evident where it had soaked into the soil. On Tuesday, October 5, 2004, Mr. Samar Bou-Ghazale with SWP of this office called Mr. Rohlfing to discuss the cleanup status. Mr. Rohlfing said he was working on the cleanup. On the afternoon of Wednesday October 5, Mr. Thomason called the MRO to report that the quarry was again pumping the oil and water mixture. On the morning of Thursday, October 7, 2004, Ms. Sifford visited the quarry again and determined that the water level in the pit was lower than observed on Friday October 1, and that the sheen was still apparent on the water in the lower pit; also no apparent remedial actions had been taken by Mr. Rohlfing. On Monday, October 11,;2004, Mr. Wes Bell and Ms. Sifford revisited the site to determine.whether remedial' actions had.been taken. No discharge from the quarry was occurring at that. time.. A residual smell of oil'remained;in the woods where the discharge from the quarry= filters through the vegetation in the woods....The water m.the pit in the quarry still had a visible sheen and there was no indicati.on"that any additional cleanup activities had occurred at this location. 'Mr. Rohlfing.said he did not plan to pump any more .water since he was now working in another area on this site. Mr: Bell and Ms. Sifford observed that tracks from the excavator and -loading equipment led to the bottom pit area. • Nothing else -had been done to the stormwatet retention pond and nothing to the wooded area for remediation of the oil discharge.: On October 21, 2004, Mr. Delaney visited the site. It was his opinion that the woods did not contain enough oil product, -at -that time to impact, surface waters any longer. He determined the; sit ewa_ snot m emergency status at that time::Mr:'Delaney,ieported;to the MRO=that absorbent material had been placed in the bottom pit at the quarry to collect oil fromlthe surface. On October 22, 2004 Ms. Sifford talked with Mr. Rohlfing about the oil and he assured her that he was not pumping any material. On October 26, 2004 Ms. Sifford sampled the discharge from the quarry stream flowing into the pond on Mr. Ken Kluttz's property to obtain information on background surface water quality during times when the quarry is not pumping and no recent rainfall had occurred. A,- AMENDEDAMENDED'., OFFICE USE 0 Y ANNUAL REPORT ,FOR AMOUNT �b ; �� �t BUSINESS CORPORATION CORP 99 M PROCESSED BY 1210 NAME OF CORPORATION: ROWAN GRANITE. QUARRY, INC. STATE OF INCORPORATION: NORTH CAROLINA SECRETARY OF STATE CORP.11 NUMBER: 0259114 FISCAL YEAR ENDING: MONTHMAYIYEAR *OERAL EMPLOYER ID NUMBER: -SP - i 6 8 (el 6 D CHECK HERE IF INFORMATION HAS NOT CHANGED SINCE MOST RECENTLY FILED ANNUAL REPORT, COMPLETE LINE 8 ONLY. 1. REGISTERED AGENT & REGISTERED OFFICE MAILING ADDRESS: NO CHANGE I : E 2. STREETADDRESS AND COUNTY OF REGISTERED OFFICE: NO CHANGE AUG 1999 . EFFECTIVE ELAINE SECRETARY OF STATE 3. IF REGISTERED AGENT CHANGED, SIGNATURE OF NEW AGENT: NORTH CAROL INA, SIGNATURE CONSTITUTE CONSENT TO APPOINTMENT 4. ENTER PRINCIPAL OFFICE ADDRESS HERE: ADDRESS='C!O HOTZ & ASSOCIATES, P,C,; 1979 LAKESIDE PARKWAY, STE 200 CITY- TUCKER ST- GA ZiP- 30084 S. ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE_ : 770-939-4861 , PLEASE INCLUDE AREA CODE 6. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF PRINCIPAL OFFICERS HERE: NAME- INGRID BUCHMANN ADDRESS- C/O DEUTSCHE STEININDUSTRIE, AG, NIBELUNGENSTRASSE 349, TITLE- PRESIDENT AND TREASURER CITY- D-64686 LAUTERTAL, GERMANY NAME- WALTER H.. HOTZ ADDRESS-1979 LAKESIDE PARKWAY, STE 200 TITLE- . SECRETARY" CITY- TUCKER ST- GA ZIP- 30084 NAME- ADDRESS- TITLE- CITY-' ST- ZIP - /BRIEFLY DESCRIBE THE NATURE OF BUSINESS: CA I m e Ns l o luS�t n �f C^ a v r.' y 8. CERTIF .CATION OFANNUAL. REPORT, MAST BE COMPLETED BY ALL CORPORATIONS ��aia9 FORM MUST BE STONED BY OF R OF CORPORATION �- T" T DATE eVAL,7—E2 f TYPE OR PRINT NAME w- TYPE OR,PRINT TITLE �.. z r �:• ';�•.r: .fir, '�,:j,.:,, „ jj ''•t• .•�;fi..�1d.; ��, •��. .kcr•:i��6:.'_�..:•:>3. ., ,'.,�.,,., t. 3,;�• "'kit•.. •�J;y• 1�1 - _ t� lumucp�c�� nduD — -qq TIP --�� n l I t� {{� iIt Q C / R !ir kit IfC 9, �I r. ,,, q _ gad — fo / /11Vy V pit 1 s Mate of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director MURRAY GOULDSTONE SOLAR WHITE QUARRY 585-C RESEARCH DRIVE ATHINS, GA 30605 1 #�} (� i? Dear Permittee: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 17, 1999 Subject:. Reissue - NPDES Stormwater Permit Solar White Quarry COC Number NCG020207 Rowan County In response to your renewal application for continued coverage under general permit NCG020000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: * A copy of general stormwater permit NCG020000 * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin on this permit which outlines permit components and addresses frequently asked questions * A Certificate of Coverage for your facility • DWQ fee schedule Your coverage under this general permit is not transferable except after notice to DWQ. The Division 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 DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or decree. Please note that in 1998 Senate Bill 1366 established changes to the permit fee structure for DWQ permits effective January 1, 1999. This change requires that you pay an annual fee to assure continued coverage under this permit. You will be invoiced for this fee beginning next year. A copy of the current fee schedule is included with this letter. If you have any questions regarding this permit package please contact Tony Evans of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 584 Sincerely, for Kerr T. Stevens Director, Division of Water Quality cc: Central Files = Mooresville -Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 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. NCG020000 CERTIFICATE OF COVERAGE No. NCG020207 STORMWATER AND PROCESS WASTEWATER 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, SOLAR WHITE QUARRY is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering and process wastewater from a facility located at SOLAR WHITE QUARRY ARTZ ROAD FAITH ROWAN COUNTY 6ru�el - to receiving waters designated as a UT of Cane Creek in the Yadkin - Pee Dee 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. NCG020000 as attached. This certificate of coverage shall become effective December 17, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 17, 1999. for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Y-�Ocyy 071 9 a VCY £t�oo83/ [yd yc�oo fi �' - wd�QO� p-6 000 �� aI`��I '�°� �'�oo�Q �J�N (a) That the Utility holds North Carolina NPDES Permit No. NC0074756 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Little Mountain Creek, Class C waters of this State in the Yadkin -Pee Dee River Basin, but is unable to comply with the final effluent limitations -for Flow as set forth in he Permit. Compliance will require the Utility to prepare plans and specifications for r pairs and rehabilitation of the collection system and or the construction of new sewer in/he facilities. That noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of this State named above, and the Utility is within the jurisdiction ohe Commission as set forth in G.S. Chapter 143 Article 21. (c) Since this Special Order is by Consent- neither party will file a petition for a contested case or for judicial review concerning its terms. (d) That the Utility may connect additional domestic wastewater flow to the collection system in.' previously permitted lines. There shall be no issuance_ of permits for."extensions of the collection system during the time period of the SOC. (e) That the Utility may allow the connection of 7500 gallons per day of landfill leachate, generated from ALCOA's landfill, and that the addition of such wastewater will not result in ; the degradation of the quality of the discharge -of permit NC0074756. 2. The Utility, desiring to comply with the permit identified, in paragraph 1(a) above,,hereby;agrees to do the following: o , --) o r) 17 (/-/ ok 96U)CCIV, gxa4u;�- --isS WG�'c 3 a�6 -doe, 4. The Utility and the Commission agree that the stipulated penalties are not due if the Utility satisfies the DWQ that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the permittee; d. An extraordinary event beyond the permittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the permittee's control; or e. Any combination of the above causes. Failure to respond within 30 days of receipt of written stipulated penalty demand from DWQ and to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the 30 days has elapsed. 5. This Special Order by Consent and any terms, conditions and interim effluent limitations contained herein, hereby supersede any and all previous Special Orders and Enforcement Compliance Schedule Letters, and terms, conditions, and limitations contained therein issued in connection with NPDES Permit No. NC0074756. specifications for repairs and rehabilitation of the collection system and or the construction of new sewer collection facilities. (b) That noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of this State named above, and the Utility is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21., (c) Since this Special Order is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (d) That the Utility may connect additional domestic wastewater flow to the collection system in previously permitted lines.. There shall be no issuance of permits for the extensions of the collections system during the time period of the 'SOC. . (e) That the Utility may allow the ,connection of 7500 gallons per day of landfill leachate, generated. from ALCOA's landfill, and that the addition of such wastewater will not result in the degradation of the receiving waters. 2. The Utility, desiring to comply with the permit identified in paragraph 1(a) above,'hereby agrees to do the following: (a) Comply with all terms and conditions of the .permit except, those effluent limitations identified in paragraph 1(a) above. See Attachment A for all monitoring requirements and effluent limitations. The permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. 644 41 its* /W_�.� "71-- ,4d4dCl Kvv*::o 9v& vX, . r"i— ezwiza, eca" cuus�n fnD -an:11 fs� �'*� Failure to submit progress reports $50/day for the first 7 days; $250/day thereafter 4. The.Utility and the Commission agree'that the stipulated penalties"are not due. if the Utility ,satisfies. the DWQ that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party'but this defense shall not be available if the act or omission'is that of an employee...or agent of the defendant or if the act, or omission occurs in connection,,with a contractual relationship with the pennittee d. An extraordinary event beyond the permittee's control. Contractor delays or failure to obtain funding will not be considered, as.'events beyond the permittee's control; or e. Any combination of the above causes. Failure to respond, within 30 days of receipt of written'stipulated,penalty demand from DWQ and to pay the penalties, or challenge them by a cont'ested;casepetftion pursuant to G.S. 150B-23, will be'grounds for a collection` action,' which the' Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the 30, days has elapsed. 5. This Special Order by Consent and any terms, conditions and, interim effluent limitations contained herein, hereby supersede' any and all"•previous Special .Orders and Enforcement Compliance Schedule Letters, and terms, conditions, and limitations contained therein issued in A�&R deep cv. C"41 Lt p Q-Qjzk E70(/- 5 75-- q (, 17 3) Begin construction of sewer collection facilities on or before October 2004. Complete the construction of sewer collection facilities by July 31, 2005. Attain compliance with the final Permit effluent limitations on or before August 1, 2005. 4) Submit to the Mooresville Regional Office, located' at 919 North Main Street, Mooresville, North Carolina 28115, a quarterly progress report relative to the activities identified in paragraph 3 above.' The first report is due on December 15, 2004 with similar reports due the fifteenth (15) day of each subsequent quarter. (d) During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachment A. The following reflects only the limitations that have been modified from NPDES requirements by this Order: Parameters Unit Permit Limit SO Flow ` MGD' 0,550 1 2. (e) No later than 14 calendar days after any date identified for accomplishment of anv activity listed in 2(c) above, submit o ibe Director ofDW(4 written notice of rnmnli n .e or noncomplian . , therewith- Tn the case of noncomlilianre, the notice shall includeqqtntemenf of the reason(s) for noncom lip 'ante, remedial action(g) taake L, and a statement i entifTing the extent to which subsequent dates or times for aeciimplishment of listed activities may b aP ffected_ October 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Walter H. Hotz Hotz & Associates, P.C. 1979 Lakeside Parkway, STE200 Tucker, GA 30084 Subject : Notice of Violation/Notice of Recommendation for Enforcement Illegal Discharge of Oil/ Failure to notify/cleanup Rowan County, N.C. Tracking #NOV-2004- Dear Mr. Hotz: Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. Enclosed please find a copy of a Complaint Investigation Report for the investigation conducted on October 1 thru October 11, 2004 by Ms. Barbara Sifford of this Office. As a result of this investigation, the following conditions were found in violation of G.S. 14 �jto (discharged il contaminated water was observed in the lower quarry pit that was being to surface waters. Oil contaminated soil was observed in several areas ound the top surface of the quarry where drum storage and fuel storage facilities ere located. Please be advised that this report is being issued as a Notice of Violation (NOV) an Notice of Recommendation for Enforcement for the violations of G.S. 143-215.1....... '��rw I �� Be advised that pursuant to G.S. 143-215....., any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits the discharge of oil in violation of G.S. 143-215.83, or who fails to report a discharge as Aug 16 04 09:07a p•2 1 • . 06ed EOOZ '6 Jwppd UDOd Os"a . ,::...,.,. ...-, ,:. .:;':r•:,, •: ,,• •.. '... ... •. t=fit:. " ,,. ,.:`t :;=.;•;.:-'t;•;;:";.; ,;,, - `}N2iOd`SIHl`�O'ON3"3Hlfit/ a3Zllflbmi si 323rdyNJ1S'H'`aa-o-m o I Sidi W-A,ON ZIO113Hi3HM •e ssod sE dwoo se. a wl" 'ego a�a .0 a autaw e' 'Ave o:uo eu e a e so u Piu ; 14 I� 1 P tp ; steep •etp; acj,:{ nnruopeul g3ul,5t41s'suopon;ls;:eAoge.atp;o jeipl2 �o; u!lelo polleo f.e epinoid of Pa]eldwoo e4 35nw II l�Bd ; :...f:. •lbii uou?a geuose;espiaxbt(qa amueane{ttiae4py3ao ueg 6uQ j . eSlattued etp;o to quoo elgeuosew etp puoAeq sM'joe; Aq pasheo pus AQaoduj--1 'joug4ue4uluh 'jeuogdaoxe seen 95jegoslp atp (z Jo :a6ratloslP, s 01 saApewalle algEsea; ou ejanm ejetn pue suop{puoa {e�nleu_ Blanes �Sq pssnelseraa&isy P • -: r :.: ," : , :. t : 4e41 PE)W gsuow p I 4 P ssalun uo{suu(3 o; pop ej eq o; peuin a 3Ju {stp sOSS lc4 uolPe luewaoIo;ua e)Rw •lenp jaleM;o u,ioaoaJlQ a41• IIo1eP;tllm; �o;,a3�Is.Paouara;eJ eta o} isea �eP OE ultalnn tic!sL,4a'st jL of pap!A eq `ljeys iiogeoggn . 1o;ocum pue uP o!. �14W�► pegsllgnd' a41Ie4s sopou opgn , e 'seep- eoevns sselua jelennapa m peleeuun;o e,tou> >o suoileB 00019L uettM •pai,n000 eBaeyoslp etp ate Alundo eta ui-sBeianoo lejau®B Swpinwd. elpew snnau gluo a:isjtnsofpaBpalmou�sgso4- teae '(q)Oa>'eSnlsZsl 11egs s.Kgem -b'S'J�dae►asa:PalesquwlolBB000,EjoQWetpslps;oq!suodseiea " -t ,i".: •.- .,'tt,i i)•: � �;; •i r'1 u-'.:I7.+• ,:: '..r.-. .; ° P',',:' i' ri l �Y; "• - -paddo s aq vea OSS I4un stseq f4po a uo �ot, p'Fep PaH Ajpu aseald 6ttto6uo,ss,C3S5 us 11 %(Wd/INV wu� its) BW L; (-pP-ww) ales, . lw6W Adua6jeut3 Me, Oma Loci y :o; pa;todel uopeogllou {egtensnoWVZ alepowwl (II tad"ui :u diia t�sealdj istap :'' .: • t : y . 79 'still ul spgop : •. , ; . , _ uusgePUBA , .. a6ejcto i2ti►od"'=Q " ' aiti{tee tiaiudinb3.uoq%S . rid ; Q s uogStjlgu� `pue'liitogul • aol pu0010- nl N `aia�ag • , : • _ .�: • � ; < < ... . �: • .. :OSS a� �o'>is)asnq OI�1�6 • LPa11Pl 4sy;o jequ pu p wtuasa etp s} le4M ,saA;l unnounun ❑ ON C6seA ❑ Lin 4sg a ul 71nsW OSS 014 :etueu jeleen eoepne - r� .:(stiolle5) sialam eoWns 6ultloeaJ euinloq unmouxuft oNO saA ., .,. 1,91018! aaepns tpeaj OSS P!a 4uena OSS SUOP suoplPuoo JatpeaAk; • :peirltit.ialap SP-M aumlon etp MOLL a9nsad 7/ .907ts :(jno4 "�eou of puno>� uo.gwnQ palewpsg suope6; ;; ; ,>-,( Yfi •°; ,:OSS e41;o etunjOA paletups3 WdAW umi14 %U(ICI(-PP-ww) WaMi�/ 44 ti t ( PP-unsc) jOLo— LULL 77F40 Pu31u?Plou1; . ewLL 7Q P 8 3uapaul .(puooes/alnulwjseaa6ap�ptili6uo�j' :(Puooasjopt»wpow6ep 'rgg77 i2l W (ole 'laa.4s Majo 'ila�M ie a1o4ueW uo�}ej dtiti �"="uope}oewhbop io svodes lsed wog} uogdoomp ul;ua lsuoa aq) OSS a43 3o uogeool 0I:1103dS uotlslS. dwna ❑ �andaS tieWeS (al9a?lldde )psW) OSS 3o ewnoS We #guaploul olllosd. (#ONI/ON lueid luetulearl esn esuuualpo %Apo 11 #SODIW77 1Wa iagwnN W!Od• 10 eBPa Mow] wi a4};o s ep any u14�!N► "aoWo leuol6a�{ i�MO aleudoadde BOSS) nnoll tano �annas iGe;lues eta tU 1: poWtugns eq 11e4s uuo4 slU.L-:' - uuo.l Bugiodsa nitayaanO J,?MgS ti4ueS WaWS uo!}oa!!o3 OSS-Sb wwo:d' = ft W. required by G.S. 143-215.85, or who fails to comply with the clean up requirements of G.S. 143-215.84, shall incur, in addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand($5,000.00) for each such violation. Be advised the G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five thousand dollars($25,000.00), or twenty five ......... To comply with the regulations it will be necessary to remove and properly dispose of the contaminated soil and restore all affected areas as nearly as may be to the conditions existing prior to the discharge. In addition your facility must incorporate and abide by all required conditions of Permit No. NCG020074. This letter is also to advise you that this Office is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality for the facility's illegal discharge of petroleum products. If you have an explanation for the violations that you wish to present, please include in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along with the enforcement package for his consideration. It is requested that you respond in writing to this Notice indicating the remedial activities that you have taken to resolve the violations of G.S. 143-215.....Please address - - -- your response to Ms. Sifford by -no later than November 1, 2004. Should you have any questions, please do not hesitate to contact Ms. Sifford or myself at (704) 663-1699. Sincerely. D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure Cc: Rowan County Emergency Management Mr. Ken Kluttz 5145 Mt. Hope Church Road Mr. Max Rohlfmg — Rowan Granite Quarry ti Form CS-SSO :...... j Collection Sysbam Sanitary Sewec Ovetflow'iReporting Form PART II' ANSWER THE- FOLLOWING •QUESTIONS FOR EACH: RELATEDcCAUSE CHECKED'. K PART`I OF THIS FORM ' AND,INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED;.OR DESIRED ;>- -COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART 1 : In the check boxes beloanr. NA = .Not Applicable and: NE =:Not A HARDCOPY OF'THIS FORM SHOUL'D'BE=SUBMITTED TO THE' APPRC?PRIATt' D. W. Q REGIONAL OFFICE UNLESS IT HAS BEEMSUBM.=13 ELECTRONICALLY:THROUGH:THE. ONLINE REPORTING SYSTEM= Severe Natural Condition (hunicaine, tomado,.etc.) . Describe the 'severe natural: condition'. In detail',,' How much advancewarnipgdd:you'_Fiaveand.what,adtons`we're'taken'iripreparatiorYfor tte.sevent?. ius r: � �/fifs C 0����� �tirs�� li�i' D� rfo.:� //o.. ; i'c.:.ciotvl Comments: Grease (Doc�mentatiori such as, cleanings; in'enforcement actions, past overflow report , educationaLr iaterial and AIstnbution ;date; ; ; ;, ; ; • ..; etc. should be available upon request) . When was the last time this specific line (or wet well) was cleaned?. -Do you have an enforceable grease ordinance that requires new or retrofit of grease trapsArr#efceptors? Ely 0-,No ONA ❑ NE Have there been recent inspections andfor enforcement actions taken on 'nearby restaurants or other ❑ Yes❑ No ONA ONE nonresidential grease contributors? Ei plain. Have there been other SSOs or blockages'ln'thisfanea thit'vi reVaiso­i adiied by grease?. ❑YesO No ONAONE When? If yes, describe them: Have deanhig and 'inspections ever been increased at ttiis• location? ' 0Yw0 No ONA O NE Explaln. , . CS-SSO Form October g. 2003 Page 2 g•d eL0=60 *,0 9T 2nu November 4, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Max Rohlfing Solar White Quarry 3025 Artz Road Salisbury, NC 28146 Subject : Notice of Violation/Notice of Recommendation for Enforcement Illegal Discharge of Oil/ Failure to abide by the conditions of Stormwater Permit No.NCG020074 Rowan County, N.C. Tracking #NOV-2004- Dear Mr. Rohlfing: Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. Enclosed please find a copy of a Complaint Investigation Report for the investigation conducted on October 1 thru October 11, 2004 by Ms. Barbara Sifford and Mr. Wes Bell of this Office. As a result of this investigation, the following conditions were found in the violation of G.S. 143-215.1,G.S. 143-215-.83, G.S. 143-215.84,G.S. 143-215.85 and General Stormwater Permit Certificate No. NCG020074. Oil contaminated water was observed in the lower quarry pit that was being discharged to surface waters. Oil contaminated soil was observed in several areas around the top surface of the quarry where equipment was operating and around drum storage and fuel storage areas. Please be advised that this report is being issued as a Notice of Violation (NOV) and Notice of Recommendation for Enforcement for the violations of G.S. 143-215.1, 143- 215.83,143-215.84, and 143-215.85. Be advised that pursuant to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other hazardous substances, or ' 1: knowingly causes or permits the discharge of oil in violation of G.S. 143-215.83, or who fails to report a discharge as required by G.S. 143-215.85, or who fails to comply with the cleanup requirements of G.S. 143-215.84, shall incur, in addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5,000.00) for each such violation. Be advised that G.S: 143-215.6A provides for a civil penalty assessment of not more that twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per violation, per day'when the violation is of a continuing nature, against any person who fails to abide by the conditions of the permit (G.S.143- 215.1). To comply with the regulations it will be necessary to remove and properly dispose of the contaminated soil and restore all affected areas as nearly as may be to the conditions existing prior to the discharge. In addition your facility must incorporate and abide by all required conditions of Permit No. NCG020074. This letter is also to advise you that this Office is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality for the facility's failure to abide by the conditions of Stormwater General Permit No. NCGO20074 and the illegal discharge of petroleum products. If you have an explanation for the violations that you wish to present, please include in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along with the enforcement package for his consideration. It is requested that you respond in writing to this Notice indicating the remedial activities of the contaminated soil and the actions you have taken to resolve the violations of Permit No. NCG020074. Please address your response to Ms. Sifford by no later than November 23,, 2004. Should you have any questions, please do not hesitate to contact Ms. Sifford or myself at (704) 663-1699. Sincerely. D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure Cc: Rowan County Emergency Management Mr. Ken Kluttz 5�45cka4k�oj�e.Ehural�-Read "tit it: FROM :CMU WASTEWATER COLLECTION FAX NO. :7043578581 Dec. 05 2003 02:51PM P1 a x x I, FAX TRANSMISSION Charlotte -Mecklenburg Utilities Wastewater Collection Division 4100 West Tyvola Road Charlotte, NC 28208 Phone: 704.357.6064 Fax: 704.357.8581 Date. 12/05/03 Time: 13:40pm Rex Gleason - NCDENR To, Rusty Roxzell - MCDEP Company: 704,663.6040 — NCDENR 704.663.1699 Fax # : 704.336.4391 - MCDEP Phone # : 704.336,5500 From: Richard McMillan, P.E. Pages: 10 (including cover) Superintendent Subject: SSO's . COMMENTS: Good Afternoon; ,(2 ) Reportable S.S.O's 718 Stanfield Dr. - : ' " . ' 10700 Ballantyne Commons PK 1%V WtUN %TJW N11r. yUtux-m1, 11Vl . And coming soon... New information about Impala Granite, our new company! Revised: 6/3/02 Copyright @ 2002 Granite Fait.4hoo - So;i'ar: Whita Quarry `iaxas;: flow,, Quarry> Duil�I'i j%A'?#-fivations:., N ws., Administration Office 3025 Artz Road Salisbury, NC 28146 U.S.A. Postal Address: P.O. Box 879 Faith N.C. 28041 TEL: (704) 279-7767 FAX: (704) 279-6760 For information, email us at info@rowangranite.com http://www.rowangranite.com/ 10/12/2004 85t Cnm ticlo)aQ Ccak s 7v�=any i��o 4(v dA c oc 9�elll-c",Ccuc P-v () As Requested ( ) For Review ( ) Please Continent ( ) Please Reply (x) For Your Use • Comments: - If You have any questions don't hesitate to call me at 704-506-0461. A O10% ao Va Acd �- PAJ�'d"'� �a 40�-- 11 -opOR -46n � o 90( ,ems . Cxc�. 0 FAK) ` L'nnv — -Wdjl , � 4 rf�X r )Opp -w FROM : i"MU WASTEWATER COLLECTION FAX FVO. ': 7043578581 F -Dec.3-1 2003 05 •46FM P,l x :;j FAx T N SMISSI. Or , Charlotte -Mecklenburg Utilities Wastewater Co_ tlectio" ,DiVisdn ' -• 4100 West Tyvola Road Charlotte, NC 28208 Phone: 704.357.6064 Fax: 704.'357.8581 Date: 12/31 /03 Time: 16:30pm Rex Gleason -NCDENR To: Rusty Rozzell- MCDEP Company;. 704.66.3.6040 — NCDENR 704.663.1699 - -' . Phone # ,:: 704.336.4391= MCD.EP 104.336:'5500 Angela Lee - From: o r ;.ages;. N� ., including cover) Interim Superintendent Subject: SSO's COMMENTS: Good Afternoon; ( 3) Reportable S.S.O's 3340 Silver Stream Rd. 3640 Chevington Rd. 605, Candler, Ln. 1a SOSID: 0259114 .. Date Filed: 3/31/2003 10:41:00 AM CD-479 (39) Business Corporation use this form Elaine F. Marshall 7-01 North Carolina Annual Report Contact the N North Carolina, Secretary of State Annual Repoi 2003 090 20773 Liability Part Nameo(Corporation: ROWAN GRANITE QUARRY, INC State of Incorporation: NORTH CAROLINA Secretary of State Corp. ID Number. 0 2 5 9114 Fiscal Year Ending: 06 30 02 Month J Day J Year Federal Employer ID Number: 5 6 —16 8 6 8 0 9, It this Is the Initial annual report filing, you must complete the entire form. If your business corporallon's information has not changed since the previous report, check the box and complete Line 8 only. 1. Registered agent & registered office mailing address Asont Malling Address: 2. Street address & county of registered office street Address: County: 3.. If registered agent changed, signature of new agent: (slgneture constitutes consent to the appolntmeno 4. Enter principal office address here: 5. Enter principal office telephone number here: 6. Enter name, title and business address of principal officers here: Complete Form CD-479A to list additional principal officers Name:. Title: Address: Name: Title: Address: Name: Title: . Address: . 7. Briefly describe the nature of business: 8. Certification of annual report must be completed by all corporations I y 12 3 n to or must be signed by an officer of corporation) Data Type or Print Name Title 169511 .. , 11-n1-n1 jt�•�o._.�..: ••�=- •....•.•`.. ^1 ff�'i��2'r3wv.:•.u'•�.�y.r••.. .... _:.tL• s 't L- 4• i `"'U '��� Went m Kowan County (SALISBUKY) on lU/01/2004 Page 1 of 2 NC Division of Emergency Management . Emergency Report Form (Rev 2.0) Taken by: Frank Thomason Date Reported: 10/01/2004 Date Occurred: 09/30/20 ITime Occurred: 09:00 PM Time Reported: 09:00 AM Reported by: Frank Thomason Agency: Rowan' County Emergency Management JPhone: 704 638 0911 x 300 County: Rowan City: SALISBURY 11EM Area: W 11- EVENT TYPE Weather Event:. Wx Event Name: HazMat Event: Diesel Fuel . HazMat Class: Petroleum HazMat Mode: Fixed Facility FNF Event: FNF.Type: FNF Class: Non-FNF Event: SAR Event: Fire Event: Complaint: OTHER EVENT: - Event Description: Verbal report by homeowner Mr Ken Kluttz to local fire department of a strong odor of diesel fuel in the area of a branch and lake at the front of his property. Local FD and Fire Marshal confirmed odor but could not isolate source until morning of 10/1/2004..,Source traced back a wooded area to nearby quarry operation and property owned by Rowan Granite Quarry: on Artz Rd. Quarry operators were pumping water from the bottom of quarry pit which also contained estimated <100 gallons fuel mixture on top of water. Contamination extended through wooded area, containment pond (s) and onto the adjacent Kluttz property. NC Environmental Management notified and responded. Local FD and Haz Mat team placed booms at spillway of lake to halt any additional fuel from lake. Quarry owner advised by Env. Mgmt of cleanup procedures and further investigation. Attachments: Deaths: 0 Iniuries: 0 Evac: 0 Radius: 0 Responsible Party:' Rowan Granite Quarry . RP Phone:, 704 279 '1740 Point Of Contact: Max Rohlfing POC Phone:. 704 232 2668 Event Location: 3025 Artz Rd, Salisbury Latitude (decimal degrees ) 35.573957 (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.) Longitude (decimal degrees) 80.474113 (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.) USFS Bloc k-Sa uare-Point Svstem: Block= Sauare= Point= IIRRT Request: No IIRRT Mission -No.: IIRRT Team Number: II COUNTY AGENCIES LEMC: Y SO: PD: LFD: Y CHealth: Sewer: PWRK: Other Local Agencies: HazMat; Fire Marshal; STATE AGENCIES A/C: SHP/SWP: Env. Mgt: Y' Water: DRP: CAP: DOT: I DMV. Other State or Federal Agencies: http://149.168.212.17/EM live/EMReport.NSF/a6413acc304fce69852566f20012732f/9ba... 10/5/2004 r dent in Rowan county (SALISBURY) on lU/U1/2UU4 Page 2 of 2 Notes: Land/Homeowner: Ken Kluttz 5145 Mt Hope. Church Rd Salisbury, NC 28146 704 279 2702 Quarry Operations: Rowan Granite Quarry Mai Rohlfing, Manager 3025 Artz Rd " Salisbury, NC 28146 Environmental Management: Barbara Sifford, Env Tech Env. Mgmt - Mooresville 704 663 1699 barbara. sifford@ncmail.nst EM'Hours: 4 SAR Hours: 0 Call #: 042750103 http://149.168.212.17/EM live/EMReport.NSF/a6413acc304fce69852566f2OOl2732f/9ba... 10/5/2004 25-yaox lov 5; ; W a a involum I I any; W for WW"'N IV M WIN& MOO" Q; MAN !"N vivo W mpp& , vv jwK Womplo": W! SAO 100 W3, D15, � 3 acil nL�� �SG tAtj�� ��C�t C Aug 16 04 09:15a P'5 As a representative for the responsible party' l ceftifV that the information contained in this report is true and accurate to the best of my knowled-ge. Person submitting claim: pate: Signature:4�t/��a • - Idle: _Tglephone Numbef:, �G�/,�e FI ".�xy_ Any -additional inf oration desired to be submitted should be sentto the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the Incident number (the incident number is only generated when electronic entry of this form is completed, if used). CS-SSO. Form October 9. 2003 .• Page 8 03/05/01 MON 17:14 FAX 704 279 6760 ROWAN GR-LNITE QUARRY INC zoQ1 ROWAN GRANITE QUARRY, r C- 529 Art- Road Salisbuzv, NTC 28146 T0: 3RADLEY FiET`TNFTT E%R FROM: Y RY G.T_BSON, ROWKIN G_RA\iTE QUARRY DATE: NLARC-H . 2001 MESSAGE: DEAR V1RZ BEN1'ETT., titer =80LAR WIIITI!v Tcl: (704) 279-7767 Fax: (704) 279-6760 E-Mall: lnfo @ ruwanummi'te, com Websi;e: www,mwangranitc-com THIS LETTER IS TO CON'FL'M OUR CONVERSATION CONCEP-NTTG TliE AN-NITAL PER14IIT FOR OtR SOLAR VV�'I'E QUAPAY. V E P ECEIVED THREE LN'\%OICES, TIESE ViERL- NCGOIN,7T, NCC07-0207, AND NCG020M T_'� CORRECT ONE S14OUL D BE 2aC0020074 FOR OLR SOLAR Wx� IITE QLARkY CIN ARTZ �O.4D. j WE APEE ON-.Y OP RATD�'G ONE SITE. ANY OTI?-.R PR I'ERTIES WERE SOLD L.O�G AGO. PLEASE DEL E-1: TIE OTHER INVOICES. PI EASE ALSO CORRECT YOUR RECOPI)S TO SHOW OUR NEW ADDRESS -AND CONTTACT: VIAY ROI'1 FT, G I;OWA \ GRAMTE QL?ARRY SITENA:v1E: SOLARWI-LITE QL:ARRY 3025 ARTZ ROAD SALISEURY, NC 28146 PHONE. ?C,'/2'9-7767 FAX: 704!=79-6 ;'60 IF. YOQ HA%7- AN-Y QUESTIONS, PLEASE _ =L FREE TO CONTACT. VIE. WITH = ?FG,UU)S, / SHERRY GIBSON ADN!IIN!S NATION J1AGER Postal Address: P.O. Box 879, Frith. NC 29041 i WATER QUALITY SECTION CHAIN OF CUSTODY (COC) RECORD NC DENWDWQ LABORATORY (check one 6CENT I 1 ARO I ] WaR0 Pagc oT For Investigation of. - Sample collector (print name) and DM-1 forms completed by: F�7Q /1Uu/`Q / /L'j Sample collector's signature: Affeaeo Field storage conditions and location (when applicable): Lab Use Only LAB NO. STATION NO. STATION LOCATION DATE SAMPLED TIME SAMPLED NUMBER OF CONTAINERS Re i q 'shed by (signature) l to Time (signature): t��ttlb�`7 Relinquished by (si e): Date Time Received by (signature): Da a Time Relinquished by (signature): Date Time Received by (signature): Date Time Method of Shipment circle one): fate Co Hand -delivered Federal Ex re UPS Other: 1 � SecuntyandConditions: ea e y: ken INTRALABORATORY CHAIN OF CUSTODY - Lab Use v LAB NUMBERS FROM THROUGH NUMBER BOTTLES ANALYSES REQUESTED RELINQUISHED Y: RECEIVED BY: DATE TIME I 9 200A QA\Forms\Sample Receiving\COC form WQ 410101 dbs „a SfATF Cd. C. IDEpT. OF NATURAL RESOURCES AND . CoD4DiUNITY DEVELOPMENT JAN 1 2 1993 State of North Carolina Department of Environment, Health and :Natural ; 4rees :,tENT Division of Environmental Management pORES'iiilE iiiluL OFFICE 512 North Salisbury Street • Raleigh, North Carolina 27904 James G. Martin, Governor William W. Cobey, Jr., Secretary A. Preston Howard, Jr., P.E. Acting Director . January 8, 1993 - Ludwig A. Nissen, President Subject : NPDES Permit Application Rowan Granite Quarry, Inc. NPDES Permit No.NC0079383 188:Ben.Burton Circle .Suite 100 Woodcliff Solar White Quarry Bogart, GA 30622 Dear Mr. Nissen : Rowan County This is to acknowledge receipt of the following documents on December 29, 1992: -Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application. Processing Fee -of $400.00, Engineering Economics Alternatives Analysis, Local Government Signoff,, Source Reduction and Recycling, Interbasin Transfer, Other, ther Request for coverage under a general permit is being considered., r The items checked below.are needed before review can begin: .-Application Form , Engineering proposal '(see attachment), Application Processing Fee.of Delegation of Authority (see attached) Biocide Sheet (see attached) Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other_ Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer If the application is not made complete within thirty (30) days, it.will be returned to you and may be resubmitted when complete. This application has been assigned to Susan Robson (919/733-5083) of our Permits Unit for review. You will e a vise .o .any comments recommendations; questions or,other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report'and recommendations regarding this discharge. If you have any.questions regarding this applications, please contact the review person listed above. Si Z rely, OW) . �� Coleen H. Sullins, P.E. CC:— Mooresville'Regional Office 0 FORAGENCY USE ONLY DATE- RECE.IVED - - 1 MD• NATIONAL- POLLUTANT DISCHARGE ELIMINATION SYSTEM NOTICE OF- INTENT REQUESTING., COVERAGE UNDER THE MINING ACTIVITIES GENERAL: NPDES., PERMIT NCO020000 Complete this, Notice...of Intent-.(NOI) and mail to the following address North'Carolina Division of, Environmental' Management water Quality Section, NPDES Group, P.O. Box 29536 Raleigh, North Carolina, 27.626-0535 The: NOI must be accompanied with a general permit filing fee .of $400.00. The check should be .made out. to 'the North Carolina Department, of Environment, Health,- and Natural Resources. Facility Owner/Operator, Information: Name: ROWAN. RANITE QUARRY, INC Address: 188 -BEN BURTON CIRCLE, #100 WOODCLIFF City: BOGART State: GEORGIA Zip: -30622 Phone: (706 -.354-02.80 Facility Location Information: Name:. ROWAN GRANITE QUARRY, INC. (SOUAR WHITE QUARRY) Address: P.O. BOX 359 City: FAITH- State: NC - Zip:. -28041 County: ROWAN Phone 704 279.-7767 Physical Location Information: '(Street. address, state, road number, distance and direction from roadway intersection, jLd attach a copy, of a county =map or LISGS quad with the location of the facility marked on the map.) _SOLAR WHITE QUARRY ARTZ'R0AD_(NCSR,231,9) FAITH, NC ('SEE ATTACHED MAP FOR EXACT LOCATION) .,Agency use. only: Latitude Longitude INOI -02 PAGE 1 - U .50-, A F. Number of discharge -points Mine Dewatering, i. Stormwater 2 ; Process Wastewater Overflows ; Please provide, short narrative description of discharges MINE DEWATERING IS CHANNELED INTO ONE. OF THE (2) STORM WATER DITCHES THAT FEED THE SEDIMENTATION BASIN ESTABLISHED FOR THIS OPERATION. hereby request coverage under the referenced General Permit.. I understand that coverage under this permit will constitute .the permit requirements for the discharge(s) and is enforceable in the same manner'as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit forthis mining sctiyity. (A copy 'of the valid mining permit must be attached to this request. 2.) 1 agree to not. discharge any sanitary wastewater from this mining activity except under -the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with. N.C. statutes,,.and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to .not result in contamination of the surface or ground waters. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. 1 certify that I am familiar with the information contained in the application. and that to the best of my knowled and belief such information is'true, complete, and accurate. signature date L c��i�iG 1q. name of person signing above (printed or typed) title North Carolina General Statute 143-215.6B. (1) provides that:. Any person who knowingly makes any false statement, representation,. or certification in any application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental 'Management Commission implementing that Article, or who: falsifies, tampers with or knowingly renders inaccurate any recording or. monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,.shall be guilty of a -misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both.'(18,U.S.C. Section 100.1 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for similar offense.) NOI,02 PAGE 3 n V -tit 'o c Z9 !19E X toil el - A (�/'' J �Otiv n 77. :— Te T I t2 L---0ly0Asa -j:t>qrjK'. C NA, .. sa1hp,i Itgn Xv —0 rP ' a 'b -Ajynb ct 'rp J1 -L W , 1'�1ti-%.� , (.1/��` �:�/ we . AjEn r 1. i z oto W V y L •V0Xe , -91 % u ly 1z t :7_77-JF To: SOC PRIORITY PROJECT: Yes If Yes, SOC No. .Permits and Engineering Unit Water Quality Section Attention: Susan Robson Date: January 22, 1993 NPDES STAFF REPORT AND RECOMMENDATION County: Rowan Permit No. NCG020074 PART I - GENERAL INFORMATION No X 1. Facility and Address: Rowan Granite Quarry, Inc. <01j-�tZ �%�i�G QUl4nl 188 Ben Burton Circle, #100 Woodcliff Bogart, Georgia 30622 2. Date of Investigation: 01-22-93 3. Report Prepared By: G. T. Chen 4. Persons Contacted and Telephone Number: Mr. Kenny Gibson, Operation Manager; (704) 279-7767 5. Directions to Site: From the intersection of Mt. Hope Church Road ( SR 1505 ) and Ar.tz Road ( SR 2319 ) approximately 0. 8 mile southwest of Faith, Rowan County, travel east on SR 2319 about 0.3 mile. The site is on the left (north) side of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 350 34' 35" Longitude: 800 28' 33" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point'on map. USGS Quad No.: E 17 SW USGS Name: Rockwell, NC 7. Site size and expansion are consistent with application? Yes X No If No, explain: 8. Topography (relationship to flood plain included): Sloping northwest toward a wooded area at the rate of 3 to 5%. The site is not in a flood plain. 9. Location of nearest dwelling: No dwellings within 1000 feet of the quarry site. 10. Receiving stream or affected surface waters: Unnamed tributary to Crane Creek a. Classification: C b. River Basin and Subbasin No.: Catawba and 03-07-04 C. Describe receiving stream features and pertinent downstream uses: Surface runoff and rainwater collected in the quarry pit are diverted into a settling basin via two riprapped storm drains around the the quarry pit. Overflows of the basin may enter an unnamed tributary to Crane Creek via natural drainage in a wooded area. Down- stream --users are not known. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. 2. a. Volume of wastewater to be permitted: N/A MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the wastewater treatment facility? N/A MGD C. Actual treatment capacity of the current facility (current design capacity)? N/A MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide.a description of existing or substantially constructed wastewater treatment facilities: No treat- ment facilities other than a settling basin, quarry pit and two riprapped storm drains. f. Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A in development: should be required: approved: not needed: Residuals handling and utilization/disposal scheme: N/A a. If residuals are being land applied, please specify DEM Permit No.: Residuals Contractor: Telephone No.: NPDES Permit Staff Report Version 10/92 Page 2 b. Residuals stabilization: PSRP: RFRP: Other: c. Landfill: d. Other disposal/utilization scheme (specify): 3. Treatment. plant classification (attach completed rating ry sheet): No treatment facilities, no rating given 4. SIC Code(s): 1411 Wastewater Code(s) of actual wastewater, not particular facilities, i.e., non -contact cooling water discharge from a metal plating company would be 14., not 56. Primary: 73 Secondary: 42 Main Treatment Unit Code: 00000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or.are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A Submission of Plans and Specifications Begin Construction Complete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. N/A Spray Irrigation: Connection to Regional Sewer System: Subsurface: Other Disposal Options: NPDES Permit Staff Report Version 10/92 Page 3 Other Special Items: N/A PART IV - EVALUATION AND RECOMMENDATIONS 0f3?& Rowan Granite Quarry, Inc. has been/Operating a stone mining facility under NPDES Permit No. NC0074a4-3- for the discharge of onsite surface runoff and stormwater collected in the quarry pit. Currently, the Company requests that this discharge be covered under the NPDES General Permit. It is recommended that the subject requested be approved with the issuance of a General Permit for the facility as requested by the applicant. Signature of Report Preparer NO Water Quality Rdgtonal Supervisor Date NPDES Permit Staff Report Version 10/92 Page 4 1 W N 16 MI. TO N.C. 1501 4955 I11 SW CHINA GROVE (U.S. 29) 4.2 MI. can (CHINA GROVE) a .` ,ACC u�l: =�`yo• I`) •n m\\ /�\ ��_ ./ / - /�-1 v\_ to ia it pa-• a II . �; � „l / \ _ �\ - I�' , ,!�_ .' \ _ p••- \\ � •wo ��� �.. Ju .,� a �^� ,✓� �` :"d, \ � �.,. x1-� o -. h :� � • � _• _ � __a r it it II It 5 —m=�4`:-� v - f - • m, 90�;' ' \ •ICI •_�-o; �o c _ -�\ D ;�•--..�_~l, '�; "J/%i o ,P °may I i' �__i.� - / ti ,/+.r'^- \\._^ - . �� V •�" �j�_\` � � _fl o Ji) l.; U`����•' �,•,�—= �6� ,�� �, .ram.. / Itii �� � - - '.. .• o :,�, �\• • � / Y � �/ •RpgO , � O -ter = � �, �C=. - .Hflb'y _c... f J// �• - • % fin. / %�\ ✓ I J 1.. J i - , i j } � I � 1. a-.. ' !, �` J • , __ ,) �` �� I, % X �1. r l" � 1 - ' � _ � �� -fin_ - , 11 . - ,�J,/%1 •\�1\�� tl �r _, `�\. 11 .0 Gms_.`:,.� / •� _- �` - �,- y 'mn• J' + ' " ram. \ `. :Il a If \`.�!'� `!'7f'• ';�1, . If it \` /��� '1R/VS0�34d v 1`'�'• iP -J//� L `�� ` /�l/— ��) .��,1 / i °� •aC`�•_ _ `(� H _ / ii �� // �r //%/�.r0 gin! \a�� /�/ 0,9 ' . -�.- - _ a• In �\ J ) 11 / /—F /' !ri ca, IIyv ==r1- }' .'/ ' •`\.