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