NCG020752_NOV_20221215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
DOUGLAS R. ANSEL
lnteritn Director
CERTIFIED MAIL: 7018 0040 0000 4771 9640
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-0756)
NPDES Stormwater General Permit NCG020000
G.S. Materials, Inc.
Riley 11 Pit, Certificate of Coverage NCG020752
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 Riley II Pit located off Highway 24/27 in Harnett
County, North Carolina. A copy of the Compliance Inspection Reportis 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 NCG020752. 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 Cypress Creek, class WS-
III 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
Sediment basins 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.
QNorth� Carolina department of Environmental Quality I Division of Energy, Mineral and Land Resources
��D` Fayetteville Regional Office 1 225 Green Street. Suite 7441 Fayetteville, North Carolina 28301
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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. Appropriately install and/or maintain sediment basins and
all other 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 [phone].
Sincerely,
imothy L. LaBo y, 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: NCG020752 Effective: 07/01/21 Expiration: 06/30/25 Owner: G S Materials Inc
SOC: Effective: Expiration: Facility: Riley II Pit
County: Harnett 696 Claude White Rd
Region: Fayetteville
Lemon Springs NC 28355
Contact Person: Ronald G Kirkpatrick Title: Phone: [phone]
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 E try Time 10:36AM Exit Time: 02:35PM
Primary Inspector: Mike Lawye Phone: [phone]
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 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page 1 of 3

Permit: NCG020752 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 43-11. 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 mined
materials at this pit.
Basins have not been installed/maintained in accordance with the approved mine plans. This constitutes a violation of Part
C-1 and C-2 of the NCG020000 permit. A follow-up inspection to make additional site observations was conducted on
11/18/2022. At the time of the follow-up inspection, one of the basins was discharging through the rock weir.
Additionally, 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 2of3

Permit: NCG020752 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?
0 ❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
0 ❑ ❑ ❑
# Does the Plan include a "Narrative Description of Practices"?
N ❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
0 ❑ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
0 ❑ ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
0 ❑ ❑ ❑
# Does the facility provide all necessary secondary containment?
E ❑ ❑ ❑
# Does the Plan include a BMP summary?
N ❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
N ❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
0 ❑ ❑ ❑
# Does the facility provide and document Employee Training?
0 ❑ ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
0 ❑ ❑ ❑
# Is the Plan reviewed and updated annually?
❑ M ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
0 ❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
N ❑ ❑ ❑
Comment: SWPPP has not been updated since 2010
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring? 0 ❑ ❑ ❑
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? ❑ ❑ 0 ❑
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? ❑ ❑ ❑
# Were all outfalls observed during the inspection? ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ 1:10 ❑
# Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑
Comment:
Page 3 of 3