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HomeMy WebLinkAboutNCG020775_NOD_20190408ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director CERTIFIED MAIL: 7015 0640 0007 8168 5451 RETURN RECEIPT REQUESTED 401 Sand Company, LLC Attn: John A. Lindsay, Member/Manager P.O. Box 122 Raeford, NC 28376 NORTH CAROLINA Environmental Quality April 8, 2019 Subject: NOTICE OF DEFICIENCY (NOD-2019-PC-0085) NPDES Stormwater General Permit NCG020000 401 Sand Company, LLC A & H Mine, Certificate of Coverage NCG020775 Hoke County Dear Mr. Lindsay: On March 12, 2019, 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 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 waterbody in the Cape Fear River Basin. As a result of the site inspection, the following deficiency is noted: 1. Qualitative Monitoring Qualitative 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. Yourwritten 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. Thank you for your attention to this matter. This office requires that the deficiency, as noted above and detailed in the enclosed inspection report, be properly resolved. Failure to address the deficiency could result in the issuance of a Notice of Violation, which is subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions or concerns, please contact Melissa Joyner or myself at (910) 433-3300. D_E QJ� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street, Suite 7t41 Fayetteville, North Carolina 28301 awry cnao� w. om+,e�+mem,amm+uiaemr 910.433.3300 Sincerely, Timothy L. LaBounty, PE Regional Engineer DEMLR TLL/maj Enclosure: Compliance Inspection Report ec: Duncan Parker, Assistant Manager —401 Sand Company, LLC (via email) William E. (Toby) Vinson, Jr., Section Chief — DEMLR (via email) Annette Lucas, PE, Program Manager— DEMLR, Stormwater Permitting Program (via email) Alaina Morman, Environmental Specialist— DEMLR, Stormwater Permitting Program (via email) cc: 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 6 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): On -Site Representative(s): Related Permits: Raeford NC 28376 Phone: 910-875-2108 Phone: Inspection Date: 03/12/2019 Entry Time: 01:05PM Exit Time: 0320PM Primary Inspector: Melissa A Joyner Phone: Secondary Inspector(s): 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 1 of 3 Pemnit: NCG020775 Owner -Facility: 401 Sand Company LLC Inspection Date: 03/12/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary Melissa Joyner met with Duncan Parker, Assistant Manager on March 12, 2019 for an inspection of the facility. The Stormwater Pollution Prevention Plan (SPPP) was reviewed and contained the information required by General Permit NCG020000. The Analytical Monitoring records were reviewed. No benchmark exceedances of turbidity have occured since the previous inspection. The Annual Summary Discharge Monitoring Report Forms have not been submitted to the Division of Water Resources Central Office and should be submitted annually by March 1st. Qualitative Monitoring was conducted in December, 2018 but not in the first period of 2018. It should be done at the same time as when Analytical Monitoring is conducted. A tour was conducted of the facility grounds, including observations of Outfalls A-F. The following corrective actions are needed for the outfalls.: Outfall A - Additional riprap is recommended for the riprap outlet protection.; Outfall F Basin - Sediment is eroding into the Basin and needs to be removed. All Outfalls were discharging with clear water. Repairs had been made to erosion control measures and additional stabilization was noted on previously bare slopes with groundcover. The silt fence next to the stream crossing needs to be completely trenched in. Additional stabilization is needed on a bare slope near the stream crossing. A Notice of Violation was previously sent to this facility on June 29,.2017 and February 9, 2018 for not conducting Qualitative Monitoring. Page 2 of 3 Permit: NCG020775 Owner -Facility: 401 Sand Company LLC Inspection Date: 03/1212019 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? 0 ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? 0 ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices'? 0 ❑ ❑ ❑ # 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? ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? 0 ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ ❑ 0 ❑ # Does the Plan include a PUP 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? E ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑ # Is the Plan reviewed and updated annually? M ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? 0 ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? 0 ❑ ❑ ❑ Comment. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment. Qualitative Monitoring was conducted annually, not semi-annually in 2018. 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? ❑ ❑ ❑ Comment: 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? E ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ 0 ❑ # Has the facility evaluated all illicit (non stormwater) discharges? E ❑ ❑ ❑ Comment: Page 3 of 3