NCG160143_NOV_20240325

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ROY COOPER -
Governor
ELIZABETH S.BISER wu
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Secretary
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
3/25/2024
CERTIFIED MAIL: 7022 1670 0000 9974 8143
RETURN RECEIPT REQUESTED
Fred Smith Company
ATTN: Matt Baugnon
701 Corporate Center Dr
Raleigh NC 27607
Subject: NOTICE OF VIOLATION (Case #: NOV-2024-PC-0210)
NPDES Stormwater General Permit NCG160143
Fred Smith Company
Kitty Hawk Asphalt.Plant
Dare County
Dear Mr. Baugnon:
On 3/20/2024, Varun Prakash from the Washington Regional Office of the Division of Energy,
Mineral and. Land Resources (DEMLR), conducted a site inspection for the Kitty Hawk Asphalt
Plant located at 934 W Kitty Hawk Rd, Kitty Hawk, NC 27949, Dare County, North Carolina. A
copy of the Compliance Inspection Report is enclosed for your review. Michael Ward, 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 Individual Permit NCG160143. Permit coverage authorizes the discharge of
stormwater from the facility to receiving waters designated as Duck Pond Creek, class SC waters
in the Kitty Hawk Bay.
As a result of the site inspection, the following permit conditions violation(s) are noted:
1) Stormwater Pollution Prevention Plan (SPPP)
Per Part B, a Stormwater Pollution Prevention Plan (SPPP) has not been developed and
recorded.
2) Analytical Monitoring
Per Part B, Analytical monitoring has not been conducted and/or recorded in accordance with
permit requirements.
3) Qualitative Monitoring
Per Part C, Qualitative monitoring has not been conducted and recorded in accordance with
permit requirements.
Other Observations
D_E Q�� North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 2 7 69 9-1 612
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Please refer to the enclosed Compliance Inspection Report for additional comments and
observations made during the inspection.
Requested Response
You are asked to respond to this office, in writing, within 30 calendar days from the 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
A copy of the Compliance Inspection Report is enclosed for your review and further action.
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 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 Varun
Prakash or myself at [phone].
Sincerely,
Samir Dumpor, PE
Regional Engineer
DEMLR
Enclosure: Compliance Inspection Report
ec: Toby Vinson, Jr., PE, CPESC, CPM, Interim Director— DEMLR
Brad Cole, PE, Chief of Regional Operations— DEMLR
DEMLR NPDES Stormwater Permit Laserfiche File
cc: WARO - DEMLR, Stormwater Files