NCG190095_NOV Letter_20190621

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
June 21, 2019
CERTIFIED MAIL #7017 0190 0000 9526 8126
RETURN RECEIPT REQUESTED
Joseph P Powell etux Dawn S.
1150 Sensation Weigh
Beaufort, NC 28516
CERTIFIED MAIL #7017 0190 0000 9526 8133
RETURN RECEIPT REQUESTED
Joseph P Powell etux Dawn 5.
132 Powell Road
Beaufort, NC 28516
Subject: Compliance Evaluation Inspection & Resulting Notice of Violation
NPDES General Stormwater Permit NCG190000
Certificate of Coverage NCG190095
NOV#: NOV-2019-PC-0475
Powell Brothers Maintenance
Carteret County
Dear Mr. and Ms. Powell:
On June 20, 2019, Brian Lambe from the Wilmington Regional Office of the Division of Energy, Mineral,
and Land Resources (DEMLR), conducted a compliance evaluation inspection for Powell Brothers
Maintence located in Sensation Weigh, Carteret County, North Carolina. The site drains to Core Creek
(Intracoastal Waterway Adams Creek Canal), which is currently classified as Class SA, HOW Waters in the
White Oak River Basin.
The following observations and violations and permit condition violations were noted during the DEMLR
inspection and file review:
1. The waste oil spill from the puncture of a storage tote that was not within secondary storage is a
violation of Permit Condition. Permit Condition Part II Section A.2.b requires a plan for secondary
containment of all petroleum products.
The facility has not developed and implemented a stormwater pollution prevention plan (SPPP).
Permit Condition Part II Section A requires the SPPP be developed with required elements.
3. The facility has not implemented analytical sampling requirements. Permit condition Part II
Section B details requirements for analytical sampling of Total Suspended Solids, Non -Polar Oil and
Grease, Aluminum, Copper, Lead, Zinc, and Total Rainfall.
4. The facility has not implemented qualitatitve monitoring requirements. Permit condition Part II
Section C requires evaluation of the site stormwater discharges.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
Homes cuwueu
910.796.7215

NCG 190095
Page 2 of 2
5. The facility is in need of general maintenance and removal of waste materials.
6. The facility is in need of establishment of best management practices, including:
• secondary storage for all liquids
• use of tarps and drop cloths to contain sanding, blasting, and scraping debris
• solvent management
• powerwashing management solution.
Required Response
Accordingly, you are directed to respond to this letter in writing within 15 calendar days of receipt of
this Notice. Your response should be sent to this office at the letterhead address and include the
following:
1. Provide a summary of events, remediation methods, and certification regarding the oil
waste spill.
2. Provide soil testing proving removal of petroleum product.
3. Provide a schedule of compliance for the NCG190000 permit including development of
SPPP, implementation of BMPs, and sampling schedule.
4. Provide plan to clean up the facility of waste materials.
Provide plan of stormwater drainage.
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of DEMLR 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 Brian Lambe at (910)796-
7344 or me at [phone].
Sincerely,
k75)
Daniel Sams, PE
Regional Engineer
Land Quality Section
Attachments: BIMS Inspection Checklist
cc: WiROFiles — Land Quality
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