HomeMy WebLinkAboutNCG020636_NOV_20240429 ROY.COOPEIt
Governox !
ELIZABETH'S.'8ISER ,,,,
Secretary CiuxM
WILLIAM E.TOBY VINSON,)P, NORTH CAROLINA
interim Director Environmental Quality
April 29, 2024
CERTIFIED MAIL: 7022 2410 0003 3233 5915
RETURN RECEIPT REQUESTED
J. S. Weeks Sand, Inc.
Attn: Joseph Weeks., President
P. O. Box 540
Cameron, NC 28326
Subject: NOTICE OF VIOLATION (NOV-2024-PC-0270)
NPDES Stormwater General Permit NCG020000
Weeks Sand Pit#3 Mine, Certificate of Coverage 020636
Harnett County
Dear Mr. Weeks:
On April 5, 2024, Melissa Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR), conducted a site inspection for the Weeks Sand Pit#3 facility located off
of NC Hwy 24INC Hwy 27, Cameron, in Harnett County, North Carolina. A copy of the Compliance
Inspection Report is enclosed for your review. Jeff Lees Mine Operator, was 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 NGG020000 under Certificate of Coverage
NCG020636. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters
designated as Gum Swamp, class C waters in the Cape Fear River Basin..
As a result of the site inspection, the following permit conditions violations are noted:
1) Stormwater Pollution Prevention-Plan (SWPPP)
Per Part B...A Stormwater Pollution Prevention Plan (SWPPP) has not been properly implemented.
2)Qualitative Monitoring
Per Part E, Section E-1, E-2...Qualitative monitoring has not been conducted and/or recorded .in
accordance with permit requirements.
3)Analytical Monitoring
Per Part F, Section F-1-F-1 0...Analytical monitoring has not been conducted and/or recorded in accordance
with permit requirements.
Other Observations
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 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.
North Carolina Department of Environmental Quality I Diviston.of Energy,Mineral and Land Resources
Fayetteville regional Office 1 225 Green Street,Suite 7141 Fayetteville,North Carolina 28301
:aOR`�Gr-�GEJiaa
oeweneaiemro mEayuh /'"'� 910.4333300
Action Items
Immediately review and amend the facility's SWPPP as needed and begin incorporating documentation
pertaining to the annual update requirements of the permit. Conduct and record monitoring per the
conditions of the permit.
Thank you for your attention to this matter. 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 Melissa Joyner or myself at(910)433-3300.
Sincerely,
Timothy L. LaBo PE
Regional Engineer
DEMLR
TLLlmaj
Enclosure: Compliance Inspection Report
ec: Jeff Lees, Mine Operator— J. S. Weeks Sand, Inc.
Toby Vinson, Jr., PE, CPESC, CPM, Interim Director— DEMLR
Brad Cole, PE, Chief of Regional Operations—DEMLR
Michael Lawyer, CPSWQ—Stormwater Program Supervisor-- DEMLR
Kieu Tran, Environmental Specialist, Stormwater Program— DEMLR
Mark Brantley, Regional Supervisor— DWR
DEMLR NPDES Stormwater Permit Laserfiche File
CC'. FRO—DEMLR
Compliance Ins ection Repo
Permit:NCG020636 Effective: 07/01/21 Expiration: 06/30/25 Owner: Weeks Sand Co
SOC: Effective: Expiration: Facility: Weeks Sand Pit#3
County: Harnett Hwy 24 27
Region: Fayetteville
Cameron NC 28326
Contact Person:J S Weeks Title: Phone:919-499-4272
Directions to Facility:
Located North of NC Hwy 24-27,just East of intersection with S.R. 1001,Western hamett County
System Classifications: SWNC,
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
On-site representative Jeff Lees 919-353-0865
Related Permits:
Inspection Date: 04/05/2024 Entry Time 09:50AM Exit Time. 12:55PM
Primary Inspector:Melissa A Joyner ►+t.�A Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page 1 of 3
Permit: NCG020636 Owner-Facility:Weeks Sand Co
Inspection Date: 04/05/2024 Inspection Type:Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Melissa Joyner met with Jeff Lees, Mine Operator. The Stormwater Pollution Prevention Plan (SWPPP)was reviewed. The
SWPPP had not been reviewed and updated annually.There was no list of significant spills which had occurred/not occurred
during the past three years. In the Spill Prevention and Response Plan information should be included about how the sand
and wheel loader is utilized to help contain spills and the method of disposal of contaminated soils.There was no
documentation of employee training.The facility has not annually evaluated non-stormwater discharges.
During the field inspection one basin was observed which had not been installed with an outfall per the specifications on the
mine map, dated January 2014.Another basin had not been installed as shown on this same Mine map. Therefore no
Qualitative or Analytical Monitoring had occurred. In the location of this basin a perimeter berm was observed which had
been breached. Sediment was impacting a possible jurisdictional wetland and a creek. There were other locations in which
sections of the berm were missing.A stockpile did not have silt fence installed behind it Sediment was eroding from these
locations and impacting the wetland. The stormwater facility inspection program had not been implemented. The basins will
need to be installed per the Mine map specifications and additional protective measures installed to prevent sediment from
eroding into the wetlands and creek.After the basins are installed Analytical and Qualitative Monitoring will need to occur.
Registration for a-DMR must be initiated to upload the Analytical Discharge Monitoring Forms. Please go to the following link
to initiate this process.:
https://www.deq.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwaterlstormwater-program/npdes-industrial•
programistormwater-electronic-discharge-monitoring-reports-edmr
Page 2 of 3
Permit: NCG020636 Owner-Facility:Weeks Sand Co
Inspection Date: 04/05/2024 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"? 0 ❑ ❑ ❑
#Does the Plan include a detailed site reap including outfall locations and drainage areas? M ❑ ❑ ❑
#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? ❑ ❑ 0 ❑
#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? M ❑ ❑ ❑
#Does the facility provide and document Employee Training? ❑ 0 0 ❑
#Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑
#Is the Plan reviewed and updated annually? ❑ ■ ❑ ❑
#Does the Plan include a Stormwater Facility Inspection Program? M ❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented? ❑ 0 ❑ ❑
Comment: The Stormwater Pollution Prevention Plan has not been implemented per the conditions of
General Permit NCG020000.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring? ❑ M ❑ ❑
Comment: Qualitative Monitoring has not been conducted per the conditions of General Permit
NCG020000.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ M ❑ ❑
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑
Comment: Analytical Monitoring has not been conducted per the conditions of General Permit
NCG020000.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ 0 ❑ ❑
#Were all_outfalls observed during the inspection? ❑ ❑ ❑
#If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑
#Has the facility evaluated all illicit(non stormwater)discharges? ❑ 0 ❑ ❑
Comment: The outfall was not able to be observed because it had not been installed for the Basin.
Page 3 of 3