NCG020992_NOV-2022-PC-0556_20220923

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quatity
September 23, 2022
CERTIFIED MAIL # 7022 0410 0002 1249 4318
Buechel Stone Corporation
Attn: Chris Bucy
7274 Hwy 221 N
Marion, NC 28752
Subject: NOTICE OF VIOLATION
NOV-2022-PC-0556
Permit No. NCG020992
Steel Gray Mine
Mitchell County
Dear Mr. Bucy:
On September 21, 2022, staff of the Asheville Regional Office conducted a compliance
inspection of the subject mine. A copy of the inspection report is enclosed for your review. The
site inspection was due to a complaint of muddy water being discharged into the North Toe
River.
DEMLR records indicate that the subject mine is covered under NPDES Stormwater General
Permit NCG020000 by Certificate of Coverage (COC) NCG020992. Permit coverage authorizes
the discharge of stormwater only to receiving waters designated as North Toe River, class C;Tr,
a waterbody in the French Broad River Basin.
Accordingly, the following permit condition violations were noted during the inspections and file
review:
1. Failure to notify the Division that mining activities discharge activities had changed after
the issuance of the COC. (Part A, NCG020000 Permit Coverage).
Failure to report incorrect information on the Notice of Intent (NOI) application. COC
issued if for stormwater discharge only. (Part K, Requirement to Report Incorrect
Information).
Required Response
If oft_E 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
o.amtima�a�mae� 828.296.4500

Notice of Violation
Steel Gray Mine NCG020992
September 23, 2022
Page 2 of 2
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:
1. Cease all mining activity.
2. Install all traps as shown on the approved mine map.
3. Maintain trap T-IA.
4. Submit a modification to the NCG02 Notice of Intent to include dewatering of
wastewater.
5. Modify the Certificate of Coverage (COC) for wastewater discharge.
6. Submit updated maps with additional outfall shown.
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, and 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. Environmentaldamage 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 Shawna Riddle or me at 828-296-4500.
Sincerely,
Stanl E. Aik , l cst,
Regional Engineer
Asheville Regional Office
ec: William E. Vinson, PE, Chief of Program Operations and NCORR Liaison
(toby.vinson@ncdenr aov)
Albert B. Cole, PE, Albert B. Cole, PE, Section Chief of Regional Operations
([e-mail])
Bethany Georgoulias, Environmental Engineer (bethany.geor oulias ncdenr.gov)

Compliance Inspection Report
Permit: NCG020992 Effective: 05/10/22 Expiration: 06/30/25 Owner: Buechel Stone Corporation
SOC: Effective: Expiration: Facility: Steel Gray Mine
County: Mitchell - Allapass Hwy
Region: Asheville
Spruce Pine NC 28777
Contact Person: Chris Bucy Title: Phone:[phone]
Directions to Facility:
System Classifications: SWNC,
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 09/21/2022
Primary Inspector: Shawna Riddle
Secondary Inspector(s):
Certification:
Phone:
Entry Time 10:30AM Exit Time: 12:OOPM
Phone: [phone]
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page 1 of 3

Permit: NCG020992 Owner - Facility: Buechel Stone Corporation
Inspection Date: 09/21/2022 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Inspection due to a complaint of muddy water being discharged into the North Toe River. Met with Chris Bucy for the
inspection. Mine was not in operation during the inspection. T-1A trap has an outfall that is not approved to discharge to the
river. Site has one approved outfall 001. Trap T-1A needs to be maintained. All traps need to be installed as shown on the
approved plan. COC needs to be modified for waste water discharge, submit updated maps including additional outfall,
NCG02 Notice of Intent needs to be modified to include dewatering of waste water.
Page 2 of 3

Permit: NCG020992 Owner -Facility: Buechel Stone Corporation
Inspection Date: 09/21/2022 Inspection Type :Compliance Evaluation
Reason for Visit: Complaint
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?
❑ ❑ ❑
# Does the Plan include a "Narrative Description of Practices'?
❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
0
❑ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑
❑ E ❑
# 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?
❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
E
❑ ❑ ❑
# Does the facility provide and document Employee Training?
E
❑ ❑ ❑
# 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?
E
❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
❑
❑ ❑
Comment:
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring? 0 ❑ ❑ ❑
Comment:
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:
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑
# Were all outfalls observed during the inspection? ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ N ❑
# Has the facility evaluated all illicit (non stormwater) discharges? ❑ 0 ❑ ❑
Comment: Unpermitted outfall at T1-A trap.
Page 3 of 3