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HomeMy WebLinkAboutNCG140326_NOV_20190801ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality August 1, 2019 CERTIFIED MAIL: 70171070 00001776 2224 RETURN RECEIPT REQUESTED Boone Concrete Supply, LLC Attention: Robert H. Boone Post Office Drawer 217 Spruce Pine, North Carolina 28777 Subject: NOTICE OF VIOLATION (NOV-2019-PC-0559) NPDES Stormwater General Permit NCG140000 Boone Concrete Supply, LLC Certificate of Coverage NCG140326 Mitchell County Dear Mr. Boone: On July 9, 2019, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the Boone Concrete Supply facility located at 615 Roan Road, Mitchell County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG140000 under Certificate of Coverage NCG140326. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as The North Toe River, a Class C;Tr waterbody in the French Broad River Basin. As a result of the site inspection, the following permit conditions violation(s) are noted: 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been developed, recorded, or properly implemented. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. D_E QZ> North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 rvowmcu+puwn omA®�aTe�uamr 828.296.4500 3) Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Secondary Containment has not been provided in all required areas including bulk storage of liquid materials. Requested 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. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Energy, Mineral & Land Resources regarding these issues. Your above -mentioned 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 Isaiah Reed or myself at (828) 296- 4500. Sincerely, STanley E. Ai Regional En€ Land Quality Enclosure: Inspection Report ec: Alaina Morman, Environmental Specialist Alaina.morman(a),nedenr.gov Stanley E. Aiken- Regional Engineer stan.aikennnedenr.gov Compliance Inspection Report Permit: NCG140326 Effective: 08/01/17 Expiration; 06/30/22 Owner: Boone Concrete Supply LLC SOC: Effective: Expiration: Facility: Boone Concrete Supply, LLC County: Mitchell 615 Roan Rd Region: Asheville Spruce Pine NC 28777 Contact Person: R Chance Boone Title: Phone: 828-765-2762 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 07/09/2019 Primary Inspector: Isaiah L Reed Secondary Inspector(s): Certification: Phone: EntryTime: 01:15PM Exit Time: 03:OOPM Phone: 828-296-4614 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status: ❑ Compliant 0 Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 3 Permit: NCG140326 Owner- Facility: Boone Concrete Supply LLC Inspection Date: 07/09/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: On July 9, 2019 this facility was inspected for compliance. During the inspection, the following items were noted: 1) No Stormwater Pollution Prevention Plan was available on site. I asked the facility staff in the on site office as well as office staff at the off -site facility if they could locate a current SWPPP for the site and no SWPPP was made available, as required by the NCG140000 General Permit. The permittee is directed to produce a Stormwater Pollution Prevention Plan that meets all requirements on the NCG140000 General Permit. 2) No record of Analytical or Qualitative monitoring was available on site. According to staff on site, analytical data may not have been collected for the facility, as required by the NCG140000 General Permit. The permittee is directed to immediately begin Analytical and Qualitative monitoring as described in the NCG140000 General Permit. 3) Secondary containment was not provided for all bulk storage on site. Add/mix storage is not in an area with secondary containment, as required by the NCG140000 General Permit. The Permittee is directed to immediately begin planning to, and install, secondary containment in all areas required by the NCG140000 General Permit. Please give the above items your immediate attention, and respond as outlined in the enclosed Notice of Violation. If you have any questions, please contact this office at (828) 296-4614 Page 2 of 3 Permit: NCG140326 Owner- Facility: Boone Concrete Supply LLC Inspection Date: 07/09/2019 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 (LEGS) 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? ❑ E ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ N ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ 0 ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ 0 ❑ ❑ # Does the Plan include a BMP 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? ❑ 0 ❑ ❑ # 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? ❑ E ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ 0 ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ 0 ❑ ❑ Comment: No current Stormwater Polluion Prevention Plan was available on site. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 ❑ ❑ Comment: No record of Qualitative Monitoring was available on site. 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: No record of Analytical Monitoring was available on site. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ E ❑ ❑ # 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? ❑ 0 ❑ ❑ Comment: Page 3 of 3