NCG520123_NOV2024PC0523 & CEI Report_20240913

SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

September 13, 2024

John L Pace
Tarheel Paving and Asphalt Company
Email: [e-mail]

SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2024-PC-0523
Permit No. NCG520123
Tarheel Paving
Henderson County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the Tarheel Paving on August 29,
2024. This inspection was conducted to verify that the facility is operating in compliance with the conditions and
limitations specified in NPDES WW Permit No. NCG520123. A summary of the findings and comments noted
during the inspection are provided in the enclosed copy of the inspection report.

The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following violation(s) were noted during the inspection:

Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Upstream/Downstream Monitoring requirements for turbidity and flow have not been met. See Section A of
Sampling General Permit NCG520000. _________________________________________________________________________________________________________________________________________________________________________ Operations & Maintenance Warning signs, to warn canoeists and recreational water users of the operation, have not been installed. See Section A of General Permit NCG520000. _________________________________________________________________________________________________________________________________________________________________________

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.

To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice
of Violation regarding your plans or measures to be taken to address the indicated violations and other identified
issues, if applicable.

Docusign Envelope ID: 73848D69-68F1-4912-82EB-6BFE07CCEC46

If you should have any questions, please do not hesitate to contact Richard Eguino with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4500.

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Inspection Report, General Permit NCG520000

Ec: Laserfiche
Derrick Pace, Manager, [e-mail]
Docusign Envelope ID: 73848D69-68F1-4912-82EB-6BFE07CCEC46
EPA
United States Environmental Protection Agency
Washington, D.C. 20460
Water Compliance Inspection Report
Form Approved.
OMB No. 2040-0057
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 N 52 NCG520123 24/08/29 C S31112171819 20
21 66
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved-------------------
N67707172 73 74 75 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Tarheel Paving
294 Balfour Rd
Hendersonville NC 28792
Entry Time/Date Permit Effective Date
Exit Time/Date Permit Expiration Date
08:54AM 24/08/29 21/03/01
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
///
Other Facility Data
09:43AM 24/08/29 25/07/31
Name, Address of Responsible Official/Title/Phone and Fax Number
Derrick Pace,1310 N Main St Hendersonville NC 28792//828-693-8741/8286933680 Contacted
Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Self-Monitoring Program Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date
Richard Eguino DWR/ARO WQ/828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#1
Docusign Envelope ID: 73848D69-68F1-4912-82EB-6BFE07CCEC46
9/13/2024
9/13/2024
NPDES yr/mo/day
24/08/29
Inspection Type
C3111218
1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Richard Eguino, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of
the Tarheel Paving and Asphalt Company sand dredging operation on August 29, 2024. The
inspection was conducted to determine if the site is being operated and maintained in compliance
with General Permit NCG520000. Derrick Pace, Manager, was present and assisted in the inspection.
The facility’s sand dredging operation occurs on Clear Creek (Class C waters) on the south end of
the property located at 294 Balfour Rd in Hendersonville.
At the time of inspection, no sand dredging was occurring and dredging equipment was stored offsite.
Mr. Pace explained that dredging occurs approximately five days a year depending on their project
needs, and that they have not operated on site since early spring.
Mr. Pace explained that dredging is conducted using one track hoe, which scoops sand from the
creek and piles the sand in a staging area approximately 15-20 feet from the stream bank. The
staging area is open ground with an inward slope two to three feet deep to prevent water runoff. After
being allowed to drain within the staging area, the sand is then loaded into dump trucks and
transported to their project locations.
General Permit NCG520000 requirements were discussed with Mr. Pace, and the following violations
were noted during this inspection:
1. The effluent monitoring requirements for flow and turbidity were not being met. See Section A. of
General Permit NCG520000.
2. Warning signs, to warn canoeists and recreational water users of the operation, had not been
installed. See Section A. of General Permit NCG520000.
NCG520123 17 (Cont.)
Page#2
Docusign Envelope ID: 73848D69-68F1-4912-82EB-6BFE07CCEC46
Permit:NCG520123
Inspection Date:08/29/2024
Owner - Facility:
Inspection Type:
Tarheel Paving
Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new
application?
Is the facility as described in the permit?
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
The facility has been issued Certificate of Coverage NCG520123 to discharge under
General Permit NCG520000. Clear Creek is accessible to the general public from
upstream and downstream. See summary for details.
Comment:
Upstream / Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit (frequency, sampling type,
and sampling location)?
See summary for details.Comment:
Page#3
Docusign Envelope ID: 73848D69-68F1-4912-82EB-6BFE07CCEC46