NCG140520_NOV_20230623

dt. STAIFA,.
ROY COOPER
Aeroor _
ELIZABITI I S.BISCR
DOUGLAS R.ANSEL NORTH CAROLINA
Wet P l r Ertvironmentut Quality
June 23, 2023
CERTIFIED MAIL: 7017 2680 0000 2237 5219
RETURN RECEIPT REQUESTED
Chandler Concrete Company, Inc.
Attn: Ryan Foley
1006 S Church Street
Burlington, NC 27215
Subject: NOTICE OF VIOLATION (NOV-2023-PC)
NPDES Stormwater General Permit NCG140000
Chandler Concrete Company,Inc
Wolfspeed Portable Plant COC NCG140520
Chatham County
Dear Mr. Foley:
On June 16, 2023,inspectors from the Raleigh Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR), conducted a site inspection for the Wolfspeed Portable Plant
facility located at 1000 Carolina Core Parkway, Siler City, in Chatham County,North Carolina. A
copy of the Compliance Inspection Report is enclosed for your review. The site visit and file
review revealed that the subject facility is covered by NPDES Stormwater General Permit
NCG 140000 under Certificate of Coverage NCG 140520. Permit coverage authorizes the discharge
of sormwa(er from the facility to receiving waters designated as Brush Creek, class C waters in
the Cape Fear River Basin.
As a result of the site inspection,the following permit conditions violation(s)are noted:
l)Operational Requirements
Per Part C-1 Operation and Maintenance of Treatment and Control Systems, the permittee shall
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 the permit. During the initial inspection of the facility after the submittal of the
Notice of Intent for coverage on April 5,2023,it was stated that wash water will be contained
in dumpsters and transported offsite for disposal. During the inspection on June 16, 2023,
two pits had been dug with an excavator and concrete trucks were actively being washed out
into the pits during the inspection.The untreated wash water was being dewatered through
L
North Carolina Department ul Environmcntal Quality I Division of Energy.Mineral and Land Resources
_�� + Raleigh Rryiunal 6flicr 11628 A1ail Sei rrre Ccruer I3fl00 Barrett Ur iva• I Halrlyh.Nur th Carolina 27609
-.L- �Q 919.791.4200

Notice of Violation
Ryan Foley
June 16, 2023
Page 2 of 3
two silt bags onsite. A trail of slurry was observed leading from the silt bags, through a
diversion ditch,through a silt fence outlet and then flowed offsite.
2)Operational Requirements
Per Part C-3 Residuals Management, the residuals generated from treatment facilities must be
disposed of in accordance with applicable standards and in a manner such as to prevent any
pollutants from such materials from entering waters of the state or navigable waters of the United
States. Wash water has not been treated in accordance with permit conditions and concrete
slurry was observed flowing offsite.
3)Operational Requirements
Per C-6 Bypasses of Stonnwater and Wastewater Treatment Facilities, Bypass is prohibited, and
DEMLR may take enforcement action against a permittee for bypass unless the permittee provides
engineering evidence that all three of the following conditions are met. (a) The bypass was
unavoidable to prevent loss of life,personal injury or severe property damage; (b)There were no
feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of
stormwater, or maintenance during normal periods of equipment downtime or dry weather. This
condition is not satisfied if adequate backup controls should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and (c) The permittee submitted notices and
identified the reason(s)for the bypass as required under C-8 of the permit. Dewatering untreated
truck wash water through a silt bag does not meet the conditions for an allowable bypass.
Other Observations
Please refer to the enclosed Compliance Inspection Report for additional comments and
observations made during the inspection.
Reguested 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 violation(s)have occurred as well as a Plan of Action to prevent these violation(s)
from recurring.
Action Items
1. The spilled slurry should be cleaned up immediately.
2. Submit an official plan detailing how contact water and or wash water, will be managed
onsite at the temporary batch plant.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Energy, Mineral & Land Resources regarding
these issues. Your above-mentioned response to this correspondence will be considered in this
process.This office requires that the violations,as detailed above,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
Lauren Garcia or myself at(919) 791 4200.

Notice of Violation
Ryan Foley
June 23, 2023
Page 3 of 3
Sincerely, 11 �
f I .�✓ z.Lt�i�
William H. Denton, IV, PE
Regional Engineer
DEMLR
WD ltg
Enclosure: Compliance Inspection Report
ec: 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: RRO DEMLR, Stormwater Files