NCG020775_401 NOV_20180205

�i
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
February 9, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7012 3050 0001 9398 6075
401 Sand Company, LLC
Attn: John A. Lindsay, Member/Manager
P. O. Box 122
Raeford, NC 28376
Subject: NOTICE OF VIOLATION (NOV-2018-PC-0035)
NPDES Stormwater General Permit NCG020000
401 Sand Company, LLC
A & H Mine, Certificate of Coverage NCG020775
Hoke County
Dear Mr. Lindsay:
ROY COOPER
Governor
-- - - - -MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
On February 5, 2018, Melissa Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR), conducted a site inspection for the A & H Mine facility located off of Doc
Brown Road, Hoke County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your
review. Duncan Parker, Assistant Manager was also 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 NCG020000 under Certificate of Coverage NCG020775. Permit
coverage authorizes the discharge of stormwater from the facility to receiving waters designated as an,
unnamed tributary to Beaver Creek, a Class C stream in the Cape Fear River Basin.
As a result of the site inspection, the following permit condition violations are noted
1) Stormwater Pollution Prevention Plan 1SPPP)
A Stormwater Pollution Prevention Plan (SPPP) has not been properly implemented.
2) Qualitative Monitoring
Qualitative monitoring has not been conducted and recorded in accordance with permit requirements
Other Observations:
Please refer to the enclosed Compliance Inspection Reports for additional comments and observations made
during the inspections.
Reguested 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 ofNorth Carolina I Environmental Quality I Energy, Mineral and Land Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, NC 28301
910-433-3300

Thank you for your attention to this matter. Should these issues not be satisfactorily addressed in a timely
manner a recommendation for enforcement may be forwarded to the Director of the Division of Energy,
Mineral and Land Resources. Your response to this correspondence will be considered in this process. 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,
Ti� . LaBorPE
Regional Engineer
DEMLR
TLL/maj
Enclosure: Compliance Inspection Report
cc: Duncan Parker— Assistant Manager — 401 Sand Company, LLC (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: NCG020775
SOC:
County: Hoke
Region: Fayetteville
Compliance Inspection Report
Effective: 10/01/15 Expiration: 09/30/20 Owner: 401 Sand Company LLC
Effective: Expiration: Facility: A& H Mine
DOC Brown Rd
Contact Person: John A Lindsay Title:
Directions to Facility:
^200 ft east of Handon-Leak Rd. (east of municipal airport)
System Classifications:
Primary ORC: Certification:
Secondary ORC(s):
Onsite Representative(s):
On-site representative
Related Permits:
Inspection Date: 02/05/2018
Primary Inspector: Melissa A Joyner
Secondary Inspector(s):
Duncan Parker
Raeford NC 28376
Phone: [phone]
Phone:
910-875-2108
Entry Time: 09:40AM Exit Time: 12:OOPM
Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ❑ Compliant Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Page: 1

Permit: NCG020775 Owner -Facility: 401 Sand Company LLC
- - - - Inspection Date: 02/05/2018 - Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Melissa Joyner met with Mr. John Lindsay, Mine Operator and his Assistant Manager, Duncan Parker on February 5, 2016
for an inspection of the facility. Records in the Stormwater Pollution Prevention Plan (SPPP) were reviewed which included
the weekly monitoring of the Best Management Practices, Good Housekeeping program and the annual training of
employees. These components of the SPPP had not been recorded previously. Topography should be shown on the Site
Map. The Spill Prevention and Response Procedures were not available for review. There should also be documentation in
the SPPP of the record of spills or no spills during the past three years.
The Analytical Monitoring records were reviewed. Analytical Monitoring had not been conducted in 2016 but was conducted
in 2017. The lab results were reviewed with turbidity exceedances noted at Outfalls B and C, in May 2017 and a turbidity
exceedance noted at Outfall E, in December 2017. Samples should be taken upstream and downstream of Ouffall E for the
next two sampling periods to determine the turbidity levels in these locations. If additional Turbidity benchmark value
exceedances occur at the other outfalls, upstream and downstream sampling will also need to be conducted for these
ouffalls. Tier One responses for turbidity exceedances were not recorded in the SPPP. Qualitative Monitoring has not been
conducted. It should be done concurrently with Analytical Monitoring. These actions are required by the NPDES Stormwater
General Permit NCG020000.
A tour was conducted of the facility grounds with the inspection of Ouffalls A, B, C, E and Fund the Best Management
Practices utilized on the site. Ouffall D was inaccessible due to recent weather events. All outfalls were discharging with
varying amounts of turbidity which was also due to the recent weather. The swale leading to Ouffall E has bare slopes with
erosion and needs stabilization with additional erosion control measures. Groundcover had been recently planted and was
observed upslope of this Basin. There are bare slopes with erosion near Ouffall F which also need stabilization with
groundcover. Sediment is eroding into a vegetated buffer near this Ouffall necessitating the installation of additional erosion
control measures. At the stream crossing, the silt fence is in need of maintenance. Sediment is high near the silt fence with
the potential to impact the stream. Adjacent to the haul road, near the stream crossing, erosion is noted on a bare slope
with sediment impacting the vegetated stream buffer. Additional erosion control measures are needed in this location.
A Notice of Violation was previously sent to this facility on October 23, 2013 and June 29, 2017 for not having a Stormwater
Pollution Prevention Plan and for not conducting Analytical and Qualitative Monitoring.
Page: 2

Permit: NGG020775 Owner -Facility: 401 Sand Company LLC
- - - Inspection pate: 02/05/2018 - - 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?
❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
❑ ❑ ❑
# Does the Plan include a "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?
❑ ❑ M ❑
# Does the Plan include a BMP summary?
❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
M ❑ ❑ ❑
# Does the facility provide and document Employee Training?
0 ❑ ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
0 ❑ ❑ ❑
# 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?
❑ 0 ❑ ❑
Comment: The Stormwater Pollution Prevention Plan was deficient and has not been fully
implemented
Qualitative Monitoring
Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑
_Comment: _.-;__Qualitative Monitoring has no been conducted in accordance with the permit requirements.
Analytical Monitoring
Yes No NA NE
Has the facility conducted its Analytical monitoring? 0 ❑ ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑
Comment:
Permit and Outfalls
Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? 0 1:11:1 ❑
# 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? ❑ 1:10 ❑
# Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ M ❑
Comment: Outfall D was not able to be inspected due to recent inclement weather conditions
Page: 3