NCG140445_NOV_20220415

ROY COOPER
Governor
ELIZABETH S. BISER
Scerelar y
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
April 15, 2022
CERTIFIED MAIL 7017 2680 0000 2237 0061
RETURN RECEIPT REQUESTED
Carolina Sunrock LLC
Attn: Gregg Bowler
200 Horizon Drive, Suite 100
Subject: NOTICE OF VIOLATION (NOV-2022-PC-0176)
Muirhead Distribution Center - Asphalt Plant
Durham County
Dear Mr. Bowler;
On March 15, 2022, an Inspector from the Raleigh Regional Office of the Division of Energy, Mineral,
and Land Resources (DEMLR), conducted a compliance inspection for the concrete facility located
at 1503 Camden Avenue, in Durham County, North Carolina. The facility discharges stormwater to
receiving waters designated as Ellerbe Creek, a WS-IV; NSW stream in the Neuse River Basin. The
facility is collocated with a concrete plant. The concrete plant is covered under NCG140445.
As a result of the compliance inspection, the following permit violations are noted:
Discharge of stormwater without a permit. All owners or operators of stormwater point source
discharges associated with establishments primarily engaged in activities classified as asphalt
paving mixtures and blocks [Standard Industrial Classification (SIC) 2951] and like activities
must register with the Division of Energy, Mineral, and Land Resources (DEMLR) and shall file
of a Notice of Intent (N01) and applicable fees. The NOI shall be submitted, and a certificate of
coverage issued prior to any point source discharge of stormwater associated with industrial
activity to the surface waters of the state. G.S. 143-215.1(a) and I SA NCAC 2H .0126
To correct these violations, you must:
1. Submit a Notice of Intent for a National Pollutant Discharge Elimination System application
for coverage under General Permit NCG160000.
The violations cited herein may be referred to the Division of Energy, Mineral, and Land Resources
for appropriate enforcement action, including civil penalty assessments for a continuing violation.
This Notice serves as a letter of proposed civil penalty assessment. You have 30 calendar days from
receipt of this Notice by certified mail to cease the violations listed above, and to submit in writing
reasons why the civil penalty should not be assessed.
^D QA--North Carolina Department of Environmental Quality ❑ivkion of Energy. Mineral and Land ResourcesRaleighRegional(7ffice 11628 Mail Set vice Crnter I MOO liar retl Drive � Raleigh, Nortlr Carollria 27609
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Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt
of this Notice by certified mail. Your response should be sent to this regional office at the letterhead
address and include the following:
1. The date by which the corrective actions listed above have been or will be completed.
2. A reasonable explanation as to why the aforementioned violations occurred.
3. Reasons why a civil penalty should not be assessed.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation. Your above -mentioned
response to this correspondence, the degree and extent of harm to the environment and the length
of time and gravity of the violation(s) will be considered in any civil penalty assessment process
that may occur.
We solicit your cooperation and would like to avoid taking further enforcement action. At the same time,
it is your responsibility to understand and comply with the requirements of the NPDES General
Permit NCG160000. The permit and related N01 documents can be found at the Division's website
at https://deg.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-
program/nodes-industrial-program/general-industrial-permits#ncR160000-asphalt-paving-mixtures-
blocks-effective-8-1-2019-expires-5.31-2024. Should you have any questions regarding these matters,
please contact Lauren Garcia at [phone] or laurgn.garcia(@ncdenr.gov.
Sincerely,
William H. Denton, 1V, PE
Regional Engineer
DEMLR
WHD'ltg
ec: Alaina Morman, Environmental Specialist alaina.mormanancdenr.gov
Thad Valentine, Environmental Specialist thad. valent ine(a)ncdenr.gov
Bill Denton, Engineering Regional Supervisor bill.denton(a)ncdenr.gov