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HomeMy WebLinkAboutNCG020487_NOV_20221215ROY COOPER Governor ELIZABETH S. B►SER Secretary DOUGLAS R. ANSEL Interim Director CERTIFIED MAIL: 7018 0040 0000 4771 9633 RETURN RECEIPT REQUESTED G.S. Materials, Inc. Attn: Ronald G. Kirkpatrick, Jr. PO Drawer 2570 Burlington, NC 27216 NORTH CAROLINA Environmental Quality December 15, 2022 Subject: NOTICE OF VIOLATION (NOV-2022-PC-0755) NPDES Stormwater General Permit NCG020000 G.S. Materials, Inc. Cameron Pit, Certificate of Coverage NCG020487 Harnett County Dear Mr. Kirkpatrick: On October 24, 2022, Mike Lawyer and Tim LaBounty from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the Cameron Pit located off Claude White Road in Harnett County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Mr. James Kirkpatrick and Ms. Karen Newport were also present during the inspection and their time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG020000 under Certificate of Coverage NCG020487. Permit coverage authorizes the discharge of stormwater and/or wastewater (as per original approval or subsequent modifications) from the facility to receiving waters designated as Duck Pond Branch (Duck Pond), class C waters in the Cape Fear River Basin. As a result of the site inspection, the following permit conditions violations are noted: 1) NCG020000 Permit Coverage It was determined at the time of inspection that the facility was not in compliance with the conditions of the associated mining permit. Per Part A of the current NCG020000 permit: "...compliance with the Mining Permit is a stipulation of this permit." 2) Stormwater Pollution Prevention Plan (SWPPP) The facility's SWPPP has not been updated since 2010. Per Part B-15 of the current NCG020000 permit: "All aspects of the SWPPP shall be reviewed and updated on an annual basis." 3) Operational Requirements Sedimentation measures observed at the time of inspection have not been installed and/or maintained in accordance with the approved mine plans. Per Part C-1 of the current NCG020000 permit: "The permittee shall at all times: (a) Properly operate and maintain all facilities and systems of treatment and control and related appurtenances which are installed or used by the permittee to achieve compliance with the conditions of this permit." Per Part C-2: "SCMs must be cleaned out when the sediment storage capacity equals or exceeds 50 percent of the design storage volume or if visible sedimentation is leaving the property." Other Observations Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources �� Fayetteville Regional Office 1225 Green Street. Suite 7441 Fayetteville. North Carolina 28301 Oepa Mt of E.M_Z1 QUal1 /"� 910.433.3300 Requested Response You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. Action Items Immediately review and amend the facility's SWPPP as needed. Install and/or maintain all sedimentation control measures per the approved mine plans. Thank you for your attention to this matter. This office requires that the violations, as detailed above and summarized in the enclosed inspection report, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Mike Lawyer or myself at (910) 433-3300. Sincerely, Ti othy L. LaBoun , PE Regional Engineer DEMLR TL/ml Enclosure: Compliance Inspection Report ec: James Kirkpatrick, Vice President— G.S. Materials, Inc. Karen Newport —G.S. Materials, Inc. James Izzell — Carolina Geological Services, Inc. Toby Vinson, Jr., PE, CPESC, CPM, Chief of Program Operations — DEMLR Brad Cole, PE, Chief of Regional Operations — DEMLR DEMLR NPDES Stormwater Permit Laserfiche File cc: FRO — DEMLR, Stormwater Files Compliance Inspection Report Permit: NCG020487 Effective: 07/01/21 Expiration: 06/30/25 owner: G S Materials Inc SOC: Effective: Expiration: Facility: Cameron Pit County: Harnett 696 Claude White Rd Region: Fayetteville Lemon Springs NC 28355 Contact Person: Ronald G Kirkpatrick Title: Phone: 919-499-9322 Directions to Facility: System Classifications: SWNC, Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): On -site representative James Kirkpatrick 336-263-6105 On -site representative Karen Newport 919-499-9322 Related Permits: Inspection Date: 10/24/2022 Ent Time 10:36AM Exit Time: 02:35PM Primary Inspector: Mike Lawye Phone: 910-433-3394 Secondary Inspector(s): Tim L LaBounty Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ❑ Compliant 0 Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 3 Permit: NCG020487 Owner- Facility:G S Materials Inc Inspection Date: 10/24/2022 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: Inspection for compliance with the conditions of NPDES NCG020000 stormwater general permit conducted in conjunction with inspection for compliance with Mining Permit 43-32. Facility's SWPPP appears to contain all necessary components, but has not been updated since 2010. Documentation of weekly BMP inspections/maintenance was included with the SWPPP. Records of annual employee training and evaluation of stormwater outfalls for the presence of any non-stormwater discharges were provided via email on 11/4/2022. Monitoring records for the past several years indicate that no discharges have occurred at any of the outfalls. According to facility staff, there is no mine dewatering and no washing of materials occurs at this pit. At the time of inspection, there was significant erosion and headcutting on the downstream slope of the clean water pond, which receives runoff from mining related activities. A diversion berm with an outlet pipe was observed behind and to the left of the clean water pond. These and other sedimentation control measures have not been installed and/or maintained in accordance with the approved mine plans, which is a violation of Part C-1 and C-2 of the NCG020000 permit. It appears that a wetlands area, as shown on the mine plans being directly adjacent to the clean water pond, has been affected by mining activities. It was determined at the time of inspection that the facility was not in compliance with the conditions of the associated mining permit. This constitutes a violation of the NCG020000 permit as it states under Part A that "...compliance with the Mining Permit is a stipulation of this permit." Page 2 of 3 Permit: NCG020487 Owner - Facility: G S Materials Inc Inspection Date: 10/24/2022 Inspection Type : Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? 0 ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? 0 ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? N ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? N ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? 0 ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? 0 ❑ ❑ ❑ # Does the Plan include a BMP summary? E ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? 0 ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? 0 ❑ ❑ ❑ # Does the facility provide and document Employee Training? N ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ E ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? M ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? 0 ❑ ❑ ❑ Comment: SWPPP has not been updated since 2010 Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring? E ❑ ❑ ❑ Comment: Monitoring records indicate.'No Discharge' for all outfalls. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? 0 ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ E ❑ Comment: Monitoring records indicate'No Discharge' for all outfalls. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? E ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ E ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ 0 ❑ # Has the facility evaluated all illicit (non stormwater) discharges? E ❑ ❑ ❑ Comment: Page 3of3