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HomeMy WebLinkAboutNCG140007_NOD_20190903ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 3, 2019 CERTIFIED MAIL: 7019 0700 0000 8867 9723 RETURN RECEIPT REQUESTED Loven Ready Mix, LLC Attn: Sean Mackey Post Office Box 911 Mountain City, Tennessee 37683 Subject: NOTICE OF DEFICIENCY (NOD-2019-PC-0192) NPDES Stormwater General Permit NCG140000 Certificate of Coverage NCG140117 Loven Ready Mix Avery County, North Carolina Dear Mr. Mackey: On August 1S, 2019, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a compliance inspection for the Loven Ready Mix facility located at 251 Jonas Ridge Highway, Avery County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. The inspection and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG140000 under Certificate of Coverage NCG140117. Permit coverage authorizes the discharge of Stormwater from the facility to receiving waters designated as The Linville River, a Class B;Tr waterbody in the Catawba River Basin. As a result of the inspection, the following deficiencies are noted: 1) Stormwater Pollution Prevention Plan (SWPPP) A Stormwater Pollution Prevention Plan (SWPPP) has not been developed, recorded, or properly implemented. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway 701 Swannanoa, North Carolina 28778 ogwi.m �mw�.,.,du.oH 828.296.4500 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 2) Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. 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 above stated deficiencies have occurred, as well as a Plan of Action to prevent them from recurring. Action Items Immediately begin efforts to comply with General Permit NCG140000, including but not - limited to: 1. Develop, implement, and maintain an acceptable SWPPP. 2. Begin monitoring at all outfalls. 3. Corrective action for each deficiency noted. Thank you for your attention to this matter. This office requires that the deficiencies, as noted above and detailed in the enclosed inspection report, be properly resolved. Failure to address the deficiencies could result in the issuance of a Notice of Violation, which could be 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 Isaiah Reed or myself at (828) 294-4500. Sincerely, Stanley E. Aike cA Regional Engineer Land Quality Section Enclosure: Inspection Report ec: Alaina Morman, Environmental Specialist Alaina.mormangncdenr.gov Stan Aiken, Regional Engineer Stan.Aikengncdenr.gov Compliance Inspection Report Permit: NOG140117 Effective: 08/01/17 Expiration: 06/30/22 Owner: Loven Ready Mix LLC SOC: Effective: Expiration: Facility: Loven Ready Mix, LLC County: Avery 251 Jonas Ridge Hwy Region: Asheville Pineola NC 28662 Contact Person: Robert H Loven Title: Phone: 828-733-5406 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 08/15/2019 Primary Inspector: Isaiah L Reed Secondary Inspector(s): Certification: Phone: EntryTime: 10:OOAM Exit Time: 02: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 E Not Compliant Question Areas: Storm Water (See attachment summary) Page 1 of 3 Permit: NCG140117 Owner- Facility: Loven Ready Mix LLC Inspection Date: 08/15/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: On August 15, 2019 this facility was inspected for compliance. I met with Joe Palmyra and Sean Mackey on site. The first visit to the site was from 10:00 am to 11:00 am. Then returned to the facility after noon to meet with Sean Mackey from 1:30 pm to 2:30 pm. The following items were noted during the inspection. 1) There was no Stormwater Pollution Prevention Plan (SWPPP) available at the time of the inspection. The permittee is directed to immediately begin assembling and implementing a SWPPP as outlined and required by the NCG140000 General Permit. 2) Analytical and Qualitative monitoring records were not available at the time of the inspection. The permittee is directed to immediately locate all monitoring records, and continue monitoring as outlined in the NCG140000 General Permit. This facility will be re -inspected on or after September 24, 2019. If the above items have not been addressed, further action will be taken. If you have any questions, please contact this office at (828) 296-4614. Page 2 of 3 Permit: NGG140117 Owner - Facility: Loven Ready Mix LLC Inspection Date: 08/15/2019 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? ❑ 0 ❑ ❑ # Does the Plan include a General Location (USGS) map? ❑ N ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ❑ 0 ❑ ❑ # 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? ❑ 0 ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ E ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ 0 ❑ ❑ # Does the Plan include a BMP summary? ❑ N ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ N ❑ ❑ # 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)? ❑ N ❑ ❑ # Is the Plan reviewed and updated annually? ❑ 0 ❑ ❑ If Does the Plan include a Stormwater Facility Inspection Program? ❑ N ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ N ❑ ❑ Comment: A SWPPP was not available at the time of the inspection Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ M ❑ ❑ Comment: Qualitative monitoring records were not available at the time of the inspection. 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? ❑ ❑ N ❑ Comment: Analytical monitoring records were not available at the time of the inspection. Permit and Qutfalls 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? ❑ ❑ E ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ 0 ❑ ❑ Comment: Page 3 of 3