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Home My WebLink AboutNCG020150_Emailed DWR NOV-2021-DV-0509 (Attachment)_20211221DocuSign Envelope ID: AEB742D6-36DC-441E-87E1-8C71928E5C13 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality December 17, 2021 CERTIFIED MAIL 7017 1070 0000 1776 4327 RETURN RECEIPT REQUESTED B. V. Hedrick Gravel & Sand Company Joseph C. Lordi - President P.O. Box 1040 Salisbury, NC 28145 B. V. Hedrick Gravel & Sand Company Jeffrey V. Goodman — Registered Agent P.O. Box 1040 Salisbury, NC 28145 Subject: NOTICE OF VIOLATION AND NOTICE OF INTENT TO ENFORCE NOV-2021-DV-0509 (Incident #202102270) Unpermitted Discharge of Process Wastewater Grove Stone & Sand Company (842 OLD US HIGHWAY 70) Buncombe County, N.C. Dear Mr. Lordi and Mr. Goodman, Chapter 143, North Carolina General Statutes (NCGS), directs and authorizes the Environmental Management Commission (EMC) of the Department of Environmental Quality (DEQ) to protect and preserve the water and air resources of the State. The Division of Water Resources (DWR) has the delegated authority to enforce water pollution control laws and regulations. On December 9, 2021, DWR staff from the Asheville Regional Office conducted a stream walk along the North Fork of the Swannanoa River from the bridge at Old US Highway 70 to a point % mile upstream in response to a complaint investigation. Approximately % mile upstream of the bridge, staff observed a long and narrow pond approximately 1.2-acres in size located next to and paralleling the river on property owned by Grove Stone and Sand Company. The pond is separated into a north and south pond by a weir device but is referred to hereafter as 'the pond' for clarity. The pond is designated as a sediment pond according to site staff and the mine map. The pond appeared turbid and was overtopping in two locations resulting in a discharge of process wastewater to the North Fork of the Swannanoa River (Class C stream). The two areas of discharge (i.e., overtopping locations) is resulting in streambank erosion thereby potentially threatening the structural integrity of the pond(s). D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARIDLINA o.Permem or �Nv� au,ory 828.296.4500 DocuSign Envelope ID: AEB742D6-36DC-441E-87E1-8C71928E5C13 Joseph C. Lordi Jeffrey V. Goodman December 17, 2021 Page 2 of 3 Violations As a result of unpermitted discharges of process wastewater to the Nork Fork of the Swannanoa River, the following violations are noted: Violation I - Discharge Without a Valid Permit G.S. 143-215.1(a)(1) states no person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: G.S. 143-215.1(a)(1) — make an outlet into the waters of the State. Violation II - Illegal Discharge of Waste to Waters G.S. 143-215.1(a)(6) states no person shall cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermix with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless as allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provision of the Article. The discharge has resulted in a violation of NCAC 02B 0.211(8) - Floating solids, settleable solids, or sludge deposits: only such amounts attributable to sewage, industrial wastes, or other wastes as shall not make the water unsafe or unsuitable for aquatic life and wildlife or impair the waters for any designated uses. Required Response and Corrective Action This Office requests that you provide a response to this letter in writing. Your response is to be received by this office no later than thirty (30) days of receipt of this Notice. Your response should be sent to this Office at the letterhead address. Your response should address the following items: Report to this Office assessing the cause and source of the discharge of process wastewater from the pond, the source of the material in the pond, and the length of time the pond has been discharging to surface waters. 2. Immediately cease all unpermitted discharges of process wastewater to surface waters. Provide a plan and timeline to permanently abate the discharge. 3. Provide a description and diagram of your closed -loop process wastewater system including the gravel washing operations, collection system including any piping used to transfer water, and a series of settling basins north of your processing operations. Describe how the subject pond(s) is hydraulically connected to the current and past wastewater process. DocuSign Envelope ID: AEB742D6-36DC-441E-87E1-8C71928E5C13 Joseph C. Lordi Jeffrey V. Goodman December 17, 2021 Page 3 of 3 4. Provide a narrative explaining how the subject pond(s), and management thereof, are referenced in your current NCG020150 and mining permit. 5. The DWR ARO is requiring a site inspection of your facility at your earliest convenience. Please provide available dates in January 2022. Notice of Intent to Enforce (NOV/NOI) is being issued for the above noted violations of NCGS § 143-215.1(a)(1) and NCGS § 143-215.1(a)(6). These violations and any future violations are subject to civil penalties. Pursuant to NCGS § 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000) may be assessed by the Secretary against any person who violates any classification, standard, limitation, or management practice established pursuant to NCGS §143- 214.1, NCGS §143-214.2, or NCGS §143-215. If any action or failure to act for which a penalty may be assessed under this section is continuous, the Secretary may assess a penalty not to exceed twenty-five thousand dollars ($25,000) per day for so long as the violation continues, unless otherwise stipulated. For violators who have not been assessed a civil penalty in the preceding five years, the maximum penalty is ten thousand ($10,000), or ten thousand ($10,000) per day in the case of continuing violations. Thank you for your attention to this matter. This Office requires that the violations, as detailed above, be abated immediately and properly resolved. This Office is considering enforcement action regarding these violations. If you wish to provide additional information regarding the noted violations or discuss overall compliance, please include these topics in your required response. Your response will be considered in evaluating appropriate enforcement action. Should you have any questions regarding these matters, please contact Brett Laverty or me at (828) 296-4500. Sincerely, DocuSigned by: r-� 7E617A38285848C_ G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Ec: Jason Conner— Hedrick DEMLR ARO Stan Aiken DEMLR CO SW Bethany Georgoulias