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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