Email - 10/11/2017 12:30 PM

Wehiner, Judy
From: Davis, Tracy
Sent: Wednesday, October 11, 2017 12:30 PM
To: Wehner, Judy
Cc: Munger, Bridget
Subject: FW: Bamboo Road Quarry Storm Water Notice of Violation
Attachments: Radford Quarrry NOV.pdf
Judy, FYI and please place this NOV in the mining file for this project.
Thanks, Tracy
From: Gantt, Matt
Sent: Monday, October 09, 2017 6:29 PM
To: D.J. Cecile ([e-mail]) <[e-mail]>
Cc: Vinson, Toby <[e-mail]>; Cole, Brad <[e-mail]>; Davis, Tracy
<[e-mail]>; White, Sue <[e-mail]>; White, Glen <[e-mail]>
Subject: Bamboo Road Quarry Storm Water Notice of Violation
DJ,
We have discussed the complaint received for Bamboo Road Quarry and have decided to issue a Notice of Violation
based on our findings.
A copy of the Notice is attached for your reference.
As we discussed by phone on October 2 and you reiterated in your email of October 5, please continue to perform the
corrective actions we discussed to bring the quarry into compliance with the Notice of Violation.
I was out of the office today for jury duty. My status for tomorrow is still questionable. Should you have any questions,
please contact Toby Vinson, Sue White, or Glen White.
Thanks,
Matt
Xw/. 5, f..&, ;D' S.
Regional Engineer
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
336-776-9800 office
336-776-9654 mobile/direct
Matt. qantt(o).ncden r gov
450 West Hanes Mill Road
Suite 300
Winston-Salem, NC 27105

--��--Nothinq C<)mpares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

I C_
Energy, Mineral&
LandResources
ENVIRONMENTAL QUALITY
October 5, 2017
CERTIFIED MAIEL #7017 1450 00011945 0663
RETURN RECEIPT REQUESTED
Attn: D.J. Cecile
Radford Quarries of Boone, Inc.
P.O. Box 2071
Boone, NC 28607
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
NOV-2017-PC-0631
Permit No. NCG 020129
Radford Quarries of Boone — Bamboo Rd
Watauga County
Dear Dr. Cecile:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
On Tuesday, September 26, 2017, Sue White, Assistant Regional Engineer and Glen White,
Environmental Specialist of the North Carolina Department of Environmental Quality — Division
of Energy, Minerals and Land Resources (NCDEQ — DEMLR), conducted an inspection of the
Radford Facility located at 5605 Bamboo Rd in Boone as part of a complaint investigation
related to possible illicit wastewater discharge into the South Fork New River. The inspection
included observation and photographs of the conditions of the river upstream of the facility,
adjacent to the facility and as far as three (3) miles downstream of Radford Quarries. No
records evaluation was performed on that date.
On Friday, September 29, 2017, Sue White and Glen White, visited the facility and met with you
to review records and to walk the site. Your SVYTPP (Stormwater Pollution Prevention Plan is
maintained electronically and you had the documents forwarded to DEMLR via email.
This facility is covered under General Permit No. NCG 020129 which allows the discharge
of-
• Stormwater point source discharges associated with mining & quarrying of
nonmetallic minerals, mine excavation, processing, and vehicle maintenance;
• Authorized wastewater point source discharges from mining operations;
• Operations of wastewater treatment systems;
• Stormwater and/or wastewater point source discharges from like industrial
activities deemed by the Division of Energy, Minerals, and Land Resources
(DEMLR) to be similar to these operations in the process, or the discharges, or the
exposure of raw materials, intermediate products, by-products, final products, or
waste products.
Stateofl,TorthCarollna 1 EnvIronmentalQuality I Energy, Minoral and Land Resources
Winston7Salcrn Regional Office 1 450 Hanes Mill Road SLate 300 1 Winston-Salem NC 27103
336 T16 9800

General Permit NCG020000 became effective on October 1, 2015 and expires September 3 0,
2020.
Effluent from this facility drains into the adjacent South Fork New River, class "C", 66+9% ORC
(Outstanding Resource Waters) of the New River Basin. ("+"symbol identifies waters that are
subject to a special management strategy specified in 15A NCAC 2B. 0225 the Outstanding
Resource Waters (OR If) rule, in order to protect downstream waters designated as OR W.)
The following observations, deficiencies and violations were found during NCDEQ's inspection
and subsequent file review:
1 . Bypass of Stormwater & Bypass of Wastewater Control Facilities:
General Permit NCG020000, Part II prohibits the bypass of stormwater and untreated
wastewater and Part V, Section C prohibits the bypass of stormwater control facilities
except where bypass is unavoidable to prevent loss of life, personal injury or severe
property damage. Permittee may allow bypass where effluent limitations [40 CFR
122.41 (m)(2)] are not exceeded. In the river adjacent to the facility, turbidity was
observed and documented by photograph upstream and downstream as a result of
bypassing the BMP's.
2. Process Wastewater — Analytical Monitoring:
General Permit NCG020000, Part IV, Section D in entirety; authorizes mine dewatering
wastewater, discharge of process wastewater, comingled stormwater & wastewater
discharges and recycle systems (overflows from recycle wastewater systems) discharge
associated with four distinct activities identified on each permittees COC. Process
wastewater comingled with stormwater shall be considered process wastewater and is
therefore subject to the required analytical monitoring. Monitoring must be provided in
accordance with the requirements and effluent limitations of Part IV, Section D and must
include parameters of Table 8 of that section of the permit. Monitoring must be
performed quarterly for one (1) full year and if effluent remains within parameters,
monitoring may be reduced to semi-annual monitoring. All records must be maintained
for a minimum of five (5) years. Discharge may not cause turbidity in excess of 10 NTU
for South Fork New River.
Records indicate that required analytical monitoring has not been performed. The facility
instead claims "No Discharge this period" for each required monitoring period. For "no
discharge" to be possible, all wastewater must be directed to a basin that does not
discharge during that required monitoring period.
3. Stormwater Discharges — Qualitative Monitoring:
General Permit NCG020000, Part IV, Section C, qualitative monitoring, provides an
inexpensive way to evaluate the effectiveness of the permittee's SWPPP and to identify
sources of pollution and to offer an opportunity to take corrective action before further
damage is incurred. Qualitative monitoring is a visual inspection of each outfall and in
accordance with the permit must be conducted on a semi-annual basis. Monitoring shall
be performed at each outfall during a measurable rainfall event and must be performed
once between January 1 and June 30 of each calendar year, and once between July 1 and
December 31 of each year.
.State ofNorth CaroDna I Environmental Quality I Energy, Mineral and Land Resources
Winston-Salem Regfonal Office 1 450 Hanes MIH Road, S(dtc 300 1 Wlwton Satern NC 27103
3367769800
Page 2

Records indicate that Qualitative Monitoring was performed once during calendar years
2012, 201 A, 2014 and 2015. Qualitative monitoring was performed twice �4 201,6 as
required and has been performed once thus far in 2017 and is within the rules of the
permit.
4. Operation & Maintenance of Pollution Controls:
As per Part V, Section C, Item 1 of the permit. At all times, permittee shall maintain
proper operation and maintenance of pollution control devices, facilities and systems of
treatment and control (and related appurtenances) which are used or installed by the
permittee to achieve compliance with conditions of this permit.
The facility has Riser Basins that were originally designed to capture process wastewater
to allow Settleable Solids and TSS (Total Suspended Solids) to settle out and to provide
for Turbidity reduction prior to wastewater being released back into the river. Design
plans indicate that diversion berms and swales were to be installed and maintained to
direct wastewater from production areas of the facility to the basin. The berms and
swales were initially installed but have not been maintained and currently no wastewater
is directed to the basin. The basin has not been maintained and the riser and the outfall
cannot be found in current condition. Outfalls must be easily reached for maintenance
and safety when monitoring.
Required Resnons
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:
I . Bypass of Stormwater & Bypass of Wastewater Control Facilities: This facility has a
riser basin that was constructed to meet the stormwater and process wastewater treatment
requirements. The BMP's (Best Management Practices) have not been maintained and as
is the current operation of the facility, no process wastewater drains to the BMP. In order
for this issue to be corrected, all wastewater must go through a treatment device, such as
a Riser Basin, before it can be released into the river. Any discharge into the South Fork
New River cannot allow turbidity in excess of 10 NTU. Explain how this,lissue will be
addressed and when it will be resolved.
2. Process Wastewater Analytical Monitoring: Analytical monitoring must be conducted
quarterly for one full year and after that on a semi-annual basis if parameters are not
exceeded. Analytical monitoring must be conducted as per the schedule and parameters
listed in Part IV, Section D, Table 8 and Table 9. Wastewater discharge is allowed but
only at sites that provide analytical monitoring for wastewater discharged through a
treatment device such as a Riseribarrel or skimmer basin. Ex I h w s i ue, wi lbe
�p ain o thi ss I
addressed and when it will be resolved.
State of'North Carobna I Environmental Quality I rnergy, Mineral and L and Rewirces
Winston-Sdlerri Regional Office 1450 Hane-, Mill Road. Suilic 300 j Wtr*1otrSalern. NC 27103
336'86 9800
Page 3

3. Stormwater Discharges — Qualitative Monitoring:
Qualitative Monitoring must be performed on a semi-annual basis and documented for
each outfall. Monitoring does not appear to have been conducted semi-annually as
required. Monitoring must be performed during a measurable rainfall event. See
NCG020000 Part IV, Section A, Table 2 for Monitoring Schedule. E.Nplain ho this
issue will be addressed and when the issue will be resolved.
4. Operation & Maintenance of Pollution Controls:
Pollution control measures such as skimmer/riser basins, berms, diversions, silt fencing,
rock dams, etc. must be inspected regularly and maintained in order to function properly.
At this facility control devices have not been maintained and no treatment is being
provided because no wastewater drains to the treatment systems. Expiain how this issue
will be addressed and when this issue will be resolved.
Thank you for your attention to this matter. This office may submit 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. 143-215.6A, 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 that may occur.
Should you have any questions regarding these matters, please contact Glen White at (336) 776-
9660 or Sue White at [phone].
Sincerely,
Matthew E. Gantt, P.E.
Regional Engineer
DEMLR
Winston-Salem Regional Office
Enclosures: Inspection Report & Photos
cc: DEMLR — WSRO
Annette Lucas, P.E. — NCDEQ — DEMLR — Stormwater Program Manager
Toby Vinson, P.E. - DEMLR — Chief of Program Operations
State, ol'North Carohna I Environmental Quality I Enerqy, Minoral and Land Resources
Wins ton-Satern Regional Office 1 450 Hane5 Mill Road. SOW 300 1 WtnSt0T1-SUleff1.NC 27103
J36 T16 9800
Page 4

Permit: NCGO20129
SOC:
County: Watauga
Region: Winston-Salem
Contact Person: D J Cecile
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Compliance Inspection Renort
Effective: 03118/16 Expiration: 09/30/20 Owner: Radford Quarries Of Boone Inc
Effective: Expiration: Facility: Radford Quarries Of Boone Inc
5605 Bamboo Rd
Inspection Date: 09126/2017
Primary Inspector: Glen White
Secondary Inspector(s):
Title:
Entry Time: 10:30AM
Certification:
Boone NC 28607
Phone: [phone]
Phone:
Exit Time: 01:30PM
Phone: [phone]
Sue White
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 affachment summary)
Page: I

permit: NCG020129 Owner - Facility: Radford Quarries Of Boone Inc
Inspection Date: 09/2612017 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On 09/2612017, Glen White and Sue White, Environmental Inspectors with NCDEQ - DEMILR investigated a complaint of
turbidy and heavy milky discharge into the South Fork New River. The complaint, which included photographic evidence,
suggest that Radford Quarries, located on Bamboo Rd, may have been responsible for the illicit discharge.
Inspectors conducted an unannounced inspection of the river and of operations underway at the facility itself on that date.
Photographs were taken of the river Itself upstream of the facility, adjacent to the facility and as far a three (3) miles
downstream of the facility, where turbidity had cleared. Photographs were taken of heavy discharge at the facility. No
pretreatment of process wastewater was being performed prior to discharge. Discharge came directly from operating
equipment, drained down the bank of the river and into the river where its current quickly moved sediment and turbid water
downstream
Page: 2

permit: NCG020129 Owner - Facility: Radford Quarries Of Boone ]no
Inspection Date: 0912612017 Inspection Type: Compliance Evaluation. , Reason for Visit: Routine
Storrinwater Pollution Prevenflon Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
[I El El 0
# Does the Plan Include a General Location (USGS) map?
[I Ej 1:1 E
# Does the Plan include a "Narrative Description of Practices"?
D El El 0
# Does the Plan Include a detailed site map including outfall locations and drainage areas?
11 1:1 1:1 0
# Does the Plan include a list of significant spills occurring during the past 3 years?
El El E] 0
# Has the facility evaluated feasible alternatives to current practices?
El 11 1:1 N
# Does the facility provide all necessary secondary containment?
1:1 11 1:1 0
# Does the Plan include a BMP summary?
13 1:1 1:1 0
# Does the Plan Include a Spill Prevention,and Response Plan (SPRP)?
El 0 El 0
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
0 D El 0
# Does the facility provide and document Employee Training?
El 11 1:1 0
# Does the Plan include a list of Responsible Party(s)?
El 0 E] 0
# Is the Plan reviewed and updated annually?
1:1 El 11 E
# Does the Plan include a Stormwater Facility Inspection Program?
El 1:1 11 N
Has the Stormwater Pollution Prevention Plan been implemented?
El El C 0
Comment: No records review conducted on this date. Insgectibn was,res2onse to a compaint� regarding
turbidity in the South�Fork NewRiver adjacent to the facility. Reco-irds, not evaluated,pt1hisd f
Qualitative, Monftrinn
Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually?
0 El 0 E
Comment, No records gyaluating i this date.
I oL
Analytical Monitorlinq Yes No NA NE
Has the facility conducted its Analytical monitoring?
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? El 110 13
Comment: No records evaluation on, this date.
Permit and Outfalls a
# Is a copy of the Permit and the Certificate of Coverage available at the site? El
# Were all outfalls observed during the inspection? 1113 1:1
# If the facility has representative outfall status, is it properly documented by the Division? 1:1 N 1:1
# Has the facility evaluated all illicit (non stormwater) discharges? N 11 El
Comment: M the time of inspedon, this facifily had three (M 111idit-dischaEge voints where a significant
continuous flow of untreated process wastewater was flowing from rock crushino eauloment,
down a steep slone. through deep ruts dug out �y heavy discharge over an extended period of,
time and dumping directly into the South Fork New River creating tubid waters Which remaiDs
turbid for more than 1.5 miles downstream.
Page: 3

Permit: NCG020129
SOC:
County: Watauga
Region: Winston-Salem
Contact Person: 0 J Ceolle
Directions to Facility:
System Class If Ications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Compliance Inspection Repo
Effective: 03/18/16 Expiration: 09/30120 Owner: Radford Quarries Of Boone Inc
Effective: Expiration: Facility: Radford Quarries Of Boone Inc
5605 Bamboo Rd
Inspection Date: 09/29/2017
Primary Inspector: Glen White
Secondary Inspector(s):
Title:
EntryTIme: 10:OOAM
Certification:
Boone NC 28607
Phone: [phone]
Phone:
Exit Time: 11:30AM
Phone: [phone]
Sue White
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: Compliant Not Compliant
Question Areas:
0 Storm Water
(See attachment summary)
Page:

permit: NCG020129 Owner - Facility: Radford Quarries Of Boone Inc
Inspection Date: 09/2912017 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On September 29, 20`17, Sue White and Glen White, Environmental Inspectors with NCDEQ - DEMLR, met with D J. Cecile
to conduct an announced inspection as directed by DEMLR's Supervisors in the Raleigh Central Office and in the
Winston-Salem Regional Office. Inspection provides for a complete compliance inspection following complaint investigation
conducted on 09/26/2017, which discovered significant illicit process wastewater discharge into the South Fork New River
See Compliance Lefter/NOV.
Page: 2

permit NCG020129 Owner - Facility: Radford Quarries Of Boone Inc
Inspection Date: 09/29/2017 Inspection Type: Compliance Evaluation , Reason for Malt: Routine
Stormwater Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
# Does the Plan include a Genera( Location (US68) map?
# Does the Plan include a "Narrative Description of Practices"?
0 El El 1:1
# Does the Plan include a detailed site map including outfall locations and drainage areas?
0 El 1:1 1:1
# Does the Plan include a list of significant spills occunring during the past 3 years?
0 N E] 1:1
# Has the facility evaluated feasible alternatives to current practices?
0 1:1 El E]
# Does the facility provide all necessary secondary containment?
A 0 11 11
# Does the Plan include a BMP summary?
N 1:1 El 1:1
# Does the Plan Include a Spill Prevention and Response Plan (SPRP)?
E El El El
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
a 0 1:1 E]
# Does the facility provide and document Employee Training9
x 11 1:1 1:1
# 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 El El El
Has the Stormwater Pollution Prevention Plan been implemented?
0 El El 11
Comment: Mr. Cecile maintains the SWPPP electronically. A copy of the, docurnerils,
werejorwarded,to,
NCDEO - DEMLR. WSRO on 10/2/2017. Documentsvere Preparedusing the EPA's MPPP
2009 Templatiga and apbear to meet those rules.
Faellb. has not maintained,13W . All oro s wastewater must be directed to a treatment
structure,Lse-diment basin, riser skimmer tt
asin where solids are allowed to,settle out prior
to discharge into the adiscent, Ner. Please repair or reinstall swales & diversion berms to direct
all process wastewater to a basin prior to discharge.
QualitafiveRonitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? D N D 1:1
Comment: Qualitafive Records apoearto indicate that clualitatlye monitoring has been pdrf6wried once
annUally since 2012. Semi-annual monitoeing is eeculred for both gualitative1nd analytical.
Anahtfical Monftgft
Has the facility conducted its Analytical monitoring?
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
Comment: No record,orovided— It. does _nOt a near that analytical monitorinc
�i has been conducted -as
Yea No NA NE
El 0 E] 1:1
0 11 E E]
fegWred. A Copy- of anal)dical results for all Industdal Permittees,must be sent to the.NCDF.0 -
Stdirmwater Permitting Unit at the interval monitoring is requir6d for each tyge of permit. The
fadlity cannot claim "No Dischme" because.no wastewater is directed to the basins. All
we c s s d"L , o, th ri er.
stewater Is cu Urntly 4schacging directly from opeation
13-ro a se I ectly t a v
Please, tegin providin-g-anslZicsil monitoring,st basin outtalls orneft designated outfalls.
Monitor semi-annually as reguired.
Page: 3

permit. NCG020129 Owner - Facility: Radford QuarrIes Of Boone Inc
Inspection Date: 49/29/2017 Inspection Type, Compliance Evaluation . Reason for Visit: Routine
Permit and Outfalls YALMAAM
# Is a copy of the Permit and the Certificate of Coverage available at the site? 0 13 111:1
# Were all outfalls observed during the inspection? 0 1111 El
# If the facility has representative outfall status, is it properly documented by the Division? El 1:10 11
# Has the facility evaluated all illicit (non stormwater) discharges? El 0 E] 11
Comment: This facilltv did not have anv discharcie at the time,of thisinsioection because it was not overatin
onthatdate. Facifty hag�,a Riser Basin adiacentto theRiver but no,discharge wastewater from
process -operations flows to the Basin. Initial design did have process waterdireoted to the
basin but berms and swales have not been maintained. Days Prior, this facility was in operation
and all wastewater was dischaMing directly from operating ecluipment and was draining directly
into the South Fork New River, No wastewat.Qr is purEepntly gLainfrig to the basin.
Page: 4