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HomeMy WebLinkAboutNCG140344 _NOV_20230816 y+„y SIATe ,. ROY COOPER ` S Governor Ind z ELIZABETH S.BISER �..: Secretary WILLIAM E.TOBY VINSON,jR NORTH CAROLINA Interim Director Environmental Quality September 29, 2023 CERTIFIED MAIL: 7020 3160 0000 3835 2237 RETURN RECEIPT REQUESTED Lewis-Brady Builders Supply, Inc. Attn: Marianne Leggett, Assistant VP 706 N.Walnut Street Fairmont, NC 28340 Subject: NOTICE OF VIOLATION (NOV-2023-PC-0493) NPDES Stormwater General Permit NCG140000 Lewis-Brady Builders Supply, Inc. Lewis-Brady Builders Supply, Inc., Certificate of Coverage NCG140344 Robeson County Dear Ms. Leggett: The Notice of Violation is being resent because page three of the Compliance Inspection Report was erroneously omitted in the original Notice of Violation. On August 16, 2023, Melissa Joyner and Evangelyn Lowery-Jacobs from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the Lewis-Brady Builders Supply, Inc. facility located at 706 N. Walnut Street, Fairmont, in Robeson County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Charles Wilcox, Plant Manager was also present during the inspection and his time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG140000 under Certificate of Coverage NCG140344. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as Old Field Swamp, class C waters in the Lumber River Basin. As a result of the site inspection, the following permit conditions violations are noted: 1) Qualitative Monitoring Per Part D, Section D-1-D-2...Qualitative monitoring has not been conducted and/or recorded in accordance with permit requirements. 2)Analytical Monitoring Per Part E, Section E-1 -E-7...Analytical monitoring has not been conducted and/or recorded in accordance with permit requirements. Other Observations Please referto 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 E �Jl Fayetteville Regional Office 1 225 Green Street,Suite 7141 Fayetteville,North Carolina 28301 reoavwiaenv v 910.433.3300 Requested Response Q P 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 conduct and record monitoring per the conditions of the permit. 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 $26,000 per day for each violation. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at (910) 433-3300. Sincerely, T' othy L LaB nty, PE Regional Engineer DEMLR TLL/maj Enclosure: Compliance Inspection Report ec: Charles Wilcox, Plant Manager— Lewis Brady Builders Supply, Inc. (via email) Toby Vinson, Jr., PE, CPESC, CPM, Interim Director— DEMLR (via email) Brad Cole, PE, Chief of Regional Operations—DEMLR (via email) Michael Lawyer, CPSWQ—Stormwater Program Supervisor—DEMLR (via email) Kieu Tran, Environmental Specialist, Stormwater Program—DEMLR (via email) DEMLR NPDES Stormwater Permit Laserfiche File cc: FRO— DEMLR Compliance Inspection Report Permit:NCG140344 Effective: 07/01/22 Expiration: 06/30/27 Owner: Jetter Lewis SOC: Effective: Expiration: Facility: Lewis-Brady Builders Supply, Inc County: Robeson 706 N Walnut St Region: Fayetteville Fairmont NC 28340 Contact Person:Marianne Leggett Title: Phone:910-628-7775 Directions to Facility: System Classifications: SWNC, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 08/16/2023 Entry Time 09:OOAM Exit Time: 10:50AM Primary Inspector:Melissa A Joyner ",1h�/u r,'o- Phone: Secondary Inspector(s): Evangelyn Lowery-Jacobs Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status: ❑ Compliant 0 Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 3 Permit: NGG140344 Owner-Facility:Jetter Lewis Inspection Date: 08/16/2023 Inspection Type:Compliance Evaluation Reason for Visit: Routine - Inspection Summary: Melissa Joyner and Evangelyn Lowery-Jacobs met with Charles Wilcox, Plant Manager, to conduct an industrial stormwater inspection of the Lewis-Brady Builders Supply, Inc.facility. If the ownership of this facility will be changed a Name/Ownership Change form will need to be electronically completed and submitted by going to the followng link.: https://www.d eq.nc.gov/a bout/d ivisions/ene rgy-minera I-and-land-resources/stormwater/stormwater-p rog ram/n pdes-i nd ustrial- program The Stormwater Pollution Prevention Plan (SWPPP)was reviewed. Per the conditions of General Permit NCG140000 this permit is required to be reviewed annually with following annual updates.: 1.The Feasibility Study- per General Permit NCG140000, a review of the feasibility of changing methods of operations and/or storage practices to eliminate/reduce exposure of materials and processes to rainfall and runoff flows. If this not practical, a review of the feasibility of diverting stormwater runoff away from areas of potential contamination.; 2. Documentation of a list of significant spills or leaks that have occurred during the last 3 years and associated corrective actions taken or the notation that no spills have occurred. The significant spill information is included under the Spill Prevention and Response Procedures(SPRP) in the General Permit.All components of the SPRP should be included in the SWPPP.A Solvent Management Plan will need to be developed for the SWPPP and updated annually.Annual Training has not been recorded. The Stormwater Facility Inspection program should include the inspection of all best management practices (BMP's), such as the ditch and berm being utilized. The ditch and berm should also be listed in the Stormwater BMP Summary. The Site Map will need to include all information as specified in General Permit NCG140000.Additional information should be included in the SWPPP about the removal of waste material from the lagoon. There were no Qualitative or Analytical Monitoring records available for review. The facility does not historically have an Outfall but had previously been informed by this Office to document on the Discharge Monitoring Report form"No Discharge". Discharge Monitoring Report forms have not been submitted since 2018. The facility has not registered for on-line electronic submittal of Discharge Monitoring Report forms(eDMR). Registration for eDMR may be initiated by going to the following link.: https://www.deq.nc.gov/about/d ivisions/energy-mineral-and-I an d-resources/stormwater/stormwater-program/n pd es-i nd ustrial- prog ram/stormwater-electron is-d ischarge-m on ito ri ng-reports-ed m r The aboveground storage tank(AST)and best management practices being utilized by the facility were inspected. The lock on the valve of the AST had been broken off and will need to be replaced. During the inspection an additional possible wastewater outfall was observed downslope of a waste pile of asphalt and a gravel pile. On 8/24/2023, a follow-up inspection of the possible outfall was conducted by Melissa Joyner and Evangelyn Lowery-Jacobs and it was determined that this outfall had the potential to be a point source discharge of stormwater and would need to be an additional wastewater outfall in which Qualitative and Analytical Monitoring will be required. The outfall location should be shown on the site map. The waste pile of asphalt had been removed. Page 2 of 3 Permit: NCG140344 Owner-Facllity:Jetter Lewis Inspection Date: 08/16/2023 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(t1SGS)map? E ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? 0 ❑ ❑ ❑ #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? M ❑ ❑ ❑ #Does the Plan include a BMP summary? 0 ❑ ❑ ❑ #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? ❑ 0 ❑ ❑ #Does the Plan include a list of Responsible Party(s)? N ❑ ❑ ❑ #Is the Plan reviewed and updated annually? ❑ 0 ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? 0 ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? 0 ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring? ❑ 0 ❑ ❑ Comment: Qualitative Monitoring has not been conducted per the conditions of General Permit NCG 140000. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ N ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ E ❑ Comment: Analytical Monitoring has not been conducted per the conditions of General Permit NCG 140000. 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? 0 ❑ ❑ ❑ #If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ 0 ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ❑ 0 ❑ ❑ Comment: Page 3 of 3