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Home My WebLink AboutWellons Construction, Inc. (Wellons Cumberland Pit #1) NOV 02012018.pdfEnergy, Mineral and Land Resources ENVIRONMENTAL QUALITY February 9, 2018 CERTIFIED MAIL 7012 3050 0001 9398 6068 Wellons Construction, Inc. Attn: Robert P. Wellons P. O. Box 730 Dunn, NC 28334 ROY COOPER Governor - - -- MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: NOTICE OF VIOLATION (NOV-2018-PC-0034) NPDES Stormwater General Permit NCG020000 Wellons Construction, Inc. Wellons Cumberland Pit #1, Certificate of Coverage NCG020477 Cumberland County Dear Mr. Wellons: On February 1, 2018, Melissa Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the Wellons Cumberland Pit #1 facility located at Claude Lee Road, Cumberland County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG020000 under Certificate of Coverage NCG020477. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as a LIT to Rockfish Creek, a Class C waterbody 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 ISPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been developed. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 3) Analytical Monitoring Analytical monitoring has not been conducted and 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. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, NC 28301 910433-3300 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. Notices of Violation have been previously sent on February 6, 2009, December 17, 2013, December 4, 2015 and June 7, 2017. If corrective actions are not taken by April 13, 2018, this Office is considering sending a recommendation for enforcement to the Director of the Division of Energy, Mineral and Land Resources regarding these issues. Your above-mentioned response to this correspondence will be considered in this process. During the last three years several attempts have been made to schedule inspections at the Wellons Cumberland Pit #1 with representatives of Wellons Construction, Inc. No company personnel have attended the planned inspections. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at (910) 433-3300. Sincerely, Timothy L. LaBounty, PE Regional Engineer DEMLR TLL/maj Enclosure: Compliance Inspection Report cc: Seth Thompson — Vice President — Wellons Construction, Inc. (via email) Scott Johnson — Superintendent — Wellons Construction, Inc. (via email) William E. (Toby) Vinson, JR.., - Interim Director- DEMLR (via email) Annette Lucas, State Stormwater Specialist - DEMLR (via email) Laura Alexander, Administrative Assistant — DEMLR (via email) FRO — DEMLR, Stormwater Files-NCG020000 Permit: NCG020477 SOC: County: Cumberland Region: Fayetteville Compliance Inspection Report Effective: 10/01/15 Expiration: 09/30/20 Owner: Wellons Construction Inc Effective: Expiration: Facility: Wellons Construction Incorporated - 510 N Powell Ave Contact Person: Robert Paul Wellons Title: Directions to Facility: System Classifications: Primary ORC:. Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 02/01/2018 Entry Time: 02:30PM Primary Inspector: Melissa A Joyner Secondary Inspector(s): Certification: Dunn NC 28334 Phone: 910-892-6630 Phone: Exit Time: 03:15PM Phone: Reason for. Inspection:-. Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge CDC Facility Status: ❑ Compliant 0 Not Compliant Question Areas: N Storm Water (See attachment summary) Page: 1 Permit: NCG020477 Inspection Date: 02/01/2018 -- -- Inspection Summary: Owner -Facility: Wellons Construction Inc -Inspection Type: Compliance Evaluation. - Reason for Visit: Routine -- - --- Melissa Joyner attempted to meet on site with Eric Deyle on 1/24/2018. Mr. Johnson contacted Ms. Joyner on 1/24/2018 to let her know that he would be meeting with her but would not be able to meet on that date. The meeting was rescheduled for 2/1/2018 but was not attended by Mr. Johnson. Therefore the Stormwater Pollution Prevention Plan, Analytical and Qualitative monitoring forms were not available for review at the site. I conducted an inspection of the Wellons Cumberland Pit #1, observing the Outfall for Sediment Basin #2 and noted that there was a tree still growing inside of the riser of this outfall which will need removal. The side slopes of Sediment Basin #2 have gully erosion in need of stabilization with permanent groundcover. NPDES General Permit NCG020000 requires that Best Management Practices be inspected once every 7 calendar days. Notices of Violation have been previously sent to this facility on 2/6/2009, 12/17/2013, 11/25/2015 and 6/7/2017 for not having a Stormwater Pollution Prevention Plan, Analytical and Qualitative monitoring forms available for review. Page: 2 Permit: NCG020477 Owner -Facility: Wellons Construction Inc -- , — Inspection Date:- 02/01/2018 - - - 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? ❑ ❑ ❑ i # Does the Plan include a General Location (USGS) map? ❑ ❑ ❑ # Does the Plan include "Narrative Description of Practices'? ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ ❑ # 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? ❑ ❑ ❑ 0 # Does the facility provide and document Employee Training? ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ 0 Has the Stormwater Pollution Prevention Plan been implemented? - ❑ ❑ ❑ 0 Comment: A Stormwater Pollution Prevention Plan (SPPP) was not available for review. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ❑ ❑ 0 Comment: The Qualitative Monitoring Records were not available for review.. - Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ❑. Comment: The Analytical Monitoring records were not available for review. Permit and Ouffalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ 1:10 # Were all outfalls observed during the inspection? 0 1:11:1 ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ 0 ❑ # Has the facility evaluated all illicit (non stormwater) discharges? 1:11:1 E ❑ Comment Page: 3