NCG140101_SWNOV CHANDLER CONCRETE NC105_20170714

ROY COOPER
Governor
..4
MICHAEL S. REGAN
Secretary
Energy,Mineral& TRACY DAVIS
Land ResourcesJuly 14 2017 Director
ENVIRONMENTAL OUALIV
CERTIFIED MAIL #7015 0640 0005 8164 4344 CERTIFIED MAIL #7015 0640 0005 8164 4351
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Attn: Ted Chandler
Chandler Concrete Co., Inc.
1006 A Church Street
Burlington, NC 27216
CERTIFIED MAIL #7015 0640 0005 8164 4337
RETURN RECEIPT REQUESTED
Attn: Andy Goodknight
Chandler Concrete Co., Inc.
3292 Hwy 105 S
Boone, NC 28607
Subject:. NOTICE OF VIOLATION
Attn: Kenneth E. Waegerle
Chandler Concrete Co., Inc.
1006 A Church Street
Burlington, NC 27216
and RECOMMENDATION FOR ENFORCEMENT
NOV-2017-SP-0009
Permit No. NCG 140101
Chandler Concrete — Hwy 105
Watauga County
Dear Mr. Chandler:
On July, 11, 2017 Glen White and Sue White of the North Carolina Department of
Environmental Quality conducted an inspection of the Chandler Concrete facility located on
Hwy 105 in Boone. Inspection was conducted as part of a complaint investigation. This facility
is covered under General Permit No. NCG 140101 which allows the discharge of stormwater
point source discharges associated with activities classified as Ready Mixed Concrete and like
activities to the surface waters of North Carolina
Accordingly, the following observations and violations were noted during NCDEQ's inspection
and subsequent file review:
1. Stormwater Discharge - Qualitative Monitoring:
General Permit NCG 140000, Part IV Section C requires qualitative monitoring be
conducted twice per year following the established guidelines. The facility has not been
monitoring per requirements. Monitoring must be completed twice annually.
State of North Carolina I Environmental Qualtry I Energy, Mineral and Land Resources
Whiston-Wem Regional OFfke 1 450 Hanes Mill Road. Suite 3001 Winston-Salern,NC 27103
336 T!6 9800

2. Stormwater Discharge - Analytical Monitoring:
General Permit NCG 140000, Part IV Section A requires the facility to conduct analytical
monitoring twice annually at each of the facilities stormwater outfalls. No analytical
monitoring has been performed in accordance with the permit since 2013. Before that
time, monitoring was conducted as required.
3. Illegal Discharge of Wastewater
This facility has had illicit discharges of process wastewater by intentionally pumping
water out of the truck wash basin and dumping it onto the slope that leads directly to
Laurel Ford Creek, -class "C", Trout waters, apart of the Watauga River Basin. These
impacts area violation of Permit Condition NCG140000, Part IV, Section D. North
Carolina General Statute (hereby known as G. S.) 143-215.1(a) (6) requires that no person
shall cause or permit any waste, directly or indirectly, to be discharged to or in any
manner intermixed with the waters of the State in violation of the water quality standards
applicable to the assigned classifications or in violation of any effluent standards or
limitations established for any point source, unless allowed as a condition of any permit,
special order or other appropriate instrument issued or entered into by the Commission
under the provisions of this Article.
4. Process Wastewater — Analytical Monitoring:
General Permit NCG140000, Part IV, Section D, Table 7 authorizes discharge of process
wastewater associated with three distinct activities identified on each permittees COC.
Process wastewater comingled with stonlawater shall be considered process wastewater
and is therefore subject to the required analytical monitoring.
Required Response
Accordingly, you are directed to respond to this letter in writing within 15 calendar days of
receipt of this Notice. Your response should outline how the violations will be addressed and
should be sent to this office at the letterhead address and include the following:
1. Begin Qualitative Monitoring of Stormwater Outfalls and provide twice annually. Keep
records in the SPPP binder.
2. Begin Analytical Monitoring of Stormwater Outfalls per permit requirements defined in
Part IV, Section A. Keep records in SPPP and maintain for five (5) year minimum.
3. Begin Analytical Monitoring of Process Wastewater if discharge of wastewater is to
continue. Monitoring for process wastewater is required to be conducted quarterly. Also,
violation of the monitoring requirement for wastewater automatically elevates analytical
monitoring to monthly sampling.
4. NCG 140000 does contain a Process Wastewater component that involves wastewater
associated with vehicles and equipment cleaning, raw material stockpiles and mixing
drum cleanout. Only facilities with No Wastewater Discharges are exempt from
analytical monitoring of Process Water for this permit. Define how the facility will
Prevent any further illicit discharge of process wastewater.
State. of North Carolina I Environmental Quality I Energy, Mineral and Land Resrnirees
Winston-Salem Regional Office 1450 Hanes. Mill Road. Suite 3001 Wlnstorr5alern, NC 27103
336 776 9800

Thank you for your attention to this matter. This office is sending a recommendation for
enforcement to the Director of the DEMLR (Division of Energy, Minerals, & Land Resources)
regarding these issues and any future/continued violations that may be encountered. This office
requires that the violations, as detailed above, be abated immediately and properly
resolved. Environmental damage and/or failure to secure proper authorizations have been
documented on the subject tract as stated above. Your efforts to undertake activities to bring the
subject site back into compliance is not an admission, rather it is an action that must be taken in
order to begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215XA; these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your
above-mentioned response to this correspondence, the degree and extent of harm to the
environment and the duration and gravity of the violation(s) will be considered in any, civil
penalty assessment process thatmay occur. Should you have any questions regarding these
matters, please contact Glen White at [phone].
Sincerely,
Matthew E. Gantt, P.E.
Regional Engineer
Land Quality Section
Winston-Salem Regional Office
Enclosures: Inspection Report
cc: DEMLR - WSRO
Bethany Georgoulias — DEMLR — Stormwater Permitting Unit, Raleigh
5tate of North Carolina I Environmental Qualhy I Energy, Mineral and Lord Resources
Winston-Salem Regional Office 1 450 Hanes Mill Road. Suite' WO 1 Winston-Satern. NC 27105
:4367769800

Compliance_ Inspection Report
Permit: NCG140101 Effective: 07/01/16 Expiration: 06/30/17 Owner: Chandler Concrete Co., Inc.
SOC: Effective: Expiration: Facility: Chandler Concrete Co., Inc. (3292 Hwy 105 S)
County: Watauga 3292 Hwy 105 S
Region: Winston-Salem
Boone NC 28607
Contact Person: Kenneth E Waegerle Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC:
'Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 07/11/2017
Primary Inspector: Glen White
Secondary Inspector(s):
Certification:
Phone:
EntryTime: 11:15AM Exit Time: 12:30PM
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Ready Mix Concrete Stonnwater/Wastewater Discharge COC
Facility Status: ❑ Compliant Not Compliant
Question Areas:
N. Storm Water
(See attachment summary)
Page: 1

peimik NCG140101 Owner •Facility: Chandler Concrete Co., Inc.
Inspection Date: 07/11/2017 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On 7/11/2017, Glen White and Sue White, inspectors with the NCDEQ - DEMLR, conducted an inspection of the facility as
part of a complaint investigation involving this facility.
Inspection found the following deficiencies:
Facility claims there s.never any discharge to stormwater and that their process wastewater is recycled to keep dust down
at the plant. This does not appear to be a full and accurate accessment. At the time of inspection, a permanent pump was
attached to a hose that ran from the upper chamber of the truck wash pit and outlet under the fence. There was a clear path
of recent wastewater dischage from the hose, down the slope and leading tothe stream. Staff removed the hose during
inspection.
This facility is not providing Qualitative and Analytical Monitoring semi-annually as required. Monitoring was performed as
per the permit until 2013. Since that time, all reports say "No Flow". At this inspection, reports were found to be "pre -filled"
for dates that had not yet occured. All other facilities in the area have been able to collect qualifying samples as permit
requires. No Flow is not acceptable when a qualifying sample can be collected.
Facility will recieve an NOV for the violations disovered and DEMLR will recommend enforcement.
Page: 2

Permit: NCG140101 Owner- Facility: Chandler Concrete Co., Inc.
Inspection Date: 07/11/2017 - 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?
E ❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
0 ❑ ❑ ❑
# Does the Plan Include a "Narrative Description of Prectices"?
E ❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
E ❑ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑ E ❑ ❑
# 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?
❑ ❑ ❑
# 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)?
❑ ❑ ❑
# 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?
N ❑ ❑ ❑
Comment: SPPP last reviewed and updated on 8/12/2015
Qualitative Monitoring -
Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ N 11171
Comment: Monitoring not conducted since 2013.
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? ❑ 0 1:11:1
Comment: This facility is required to Drovide anaivtical monitoring semi-annuallv at outfalls. In addition, this
facility conducts vehicle mainenance that may triaaer additional parameters. Monitoring was
performed as required until 2013 when it suddenly stooped. No annual monitorind has been
performed since that time. "No Flow" has been used in every period since. "No Flow" is not
acceptable when there is a qualifying discharge. All other facilities in the area, have been able to
part samples as permits require.
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?
0 ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division?
110 ❑ ❑
# Has the facility evaluated all illicit (non stormwater) discharges?
❑ N ❑ ❑
Page: 3

Permit: NCG140101 Owner - Facility: Chandler Concrete Co., Inc.
Inspection Date: 07/11/2017 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Comment: An intentional illicit process wastewater discharoe was discovered at this inspection. The facility
claims that they are a "closed loop" system and never discharge to stormwater and that all
_wastewater is recycled through the plant Facility was found to be pumping process wastewater
from the upper chamber of the truck wash containment and was discharging it through a hose
under the fence. Discharge then flows to Laurel Fork Creek
Page: 4

I

Photo page 5.
Basins shown at capacity.