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