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
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ry ��� ¢¢ `6aJfY tUtk9.,e�t�il�
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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
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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.
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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
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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--
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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
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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
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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:
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INTRALABORATORY CHAIN OF CUSTODY - Lab Use v
LAB NUMBERS
FROM THROUGH
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ANALYSES
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RECEIVED
BY:
DATE
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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
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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
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