Austin Powder Violations Detailed

STATE OF TENNESSEE
DEPARTMENT OF ENVIRONMENT AND CONSERVATION
DIVISION OF WATER RESOURCES
Nashville Environmental Field Office
711 R.S. Gass Boulevard
Nashville, TN 37216
Phone 615-687-7000 Statewide 1-888-891-8332 Fax 615-687-7078

June 23, 2021
Mr. Michael Young CERTIFIED MAIL RETURN RECEIPT
Austin Powder Company 7019 1640 0001 1489 0012
25800 Science Park Drive
Cleveland, Ohio 44122

Re: Notice of Violation
Austin Powder Company

Dear Mr. Young:

On June 1, 2021, the Division of Water Resources (division) conducted an investigation and Hydrologic Determination (HD) site visit at Austin Powder Company located on 1080 Garland Hollow Road in Pegram, Davidson County, Tennessee. Unauthorized logging and land clearing activities in addition to water quality violations that are in need of corrective action were identified. Additional information related to these violations and any requested corrective actions can be found on the following page.
Unauthorized alterations, including unauthorized discharges, to streams, wetlands, or other waters may impact their usefulness and designated uses, including support of fish and aquatic life, livestock and wildlife watering, recreation, and irrigation. As such, they are violations of the Tennessee Water Quality Control Act of 1977 and this letter serves as a formal Notice of Violation.
Agricultural and silvicultural activities are largely exempt from the provisions of the Water Quality Control Act as noted in TCA § 69-3-120(g). However, this exemption does not apply when there is a point source discharge or when certain silvicultural activities have polluted waters of the state as the result of an operator's failure or refusal to use forestry best management practices.

Mr. Michael Young
Austin Powder Company
June 23, 2021

Page 2 of 5

Please complete the items referenced below within the given timelines.

1. Immediately remove logging debris from streams on the property and prevent additional logging debris from discharging to the unnamed tributaries while also stabilizing the affected streams. If you need assistance with selection of Best Management Practices (BMPs), please contact the Tennessee Department of Agriculture at (615) 446- 0614. Provide photos of the work as it is completed.

2. Within 30 days of receipt of this letter, submit a Corrective Action Plan (CAP). The CAP should include timelines, methods for restoring the buffer and stream to pre-impact conditions, any restoration that could occur alongside potential ARAP activities, and outline how future construction will not cause any further impacts
.
Your prompt attention to these matters is greatly appreciated. If you have any questions regarding this correspondence, please contact Virginia Lawrence at (615) 714-0730 or by E-mail Virginia.Lawrence@tn.gov.

Sincerely,

Division of Water Resources
cc: DWR Compliance and Enforcement Unit
Timmy Jennette, Division of Water Resources- Tim.Jennette@tn.gov
Jimmy Smith, Division of Water Resources- Jimmy.R.Smith@tn.gov
Lee Barber, Division of Water Resource- Lee.2.Barber@tn.gov
Ryan Evans, USACE- Ryan.Evans@usace.army.mil
Cole Liggett, CEC Inc.- cliggett@cecinc.com
Charles Lambert, Austin Powder Midsouth LLC.- charles.lambertjr@austinpowder.com

June 23, 2021
Supporting Documentation
Facility Name:
Austin Powder Company
Site Location (Lat/Long): 36.152728, -86.988683
Tracking No.:
Date:
June 1, 2021

Photo 1. Observed stream alteration from heavy equipment and subsequent point source water pollution resulting from unauthorized logging operation without use of proper BMPs. Photo taken by Division staff on 1-JUN-21.

June 23, 2021
Supporting Documentation
Facility Name: Austin Powder Company
Site Location (Lat/Long): 36.152728, -86.988683
Tracking No.:
Date: June 1, 2021

Photo 2. Observed stream alterations from heavy equipment and subsequent point source water pollution resulting from unauthorized logging operation without use of proper BMPs. Photo taken by Division staff on 1-JUN-21.

June 23, 2021
Supporting Documentation
Facility Name: Austin Powder
Site Location (Lat/Long): 36.152728, -86.988683
Tracking No.:

Date: June 1, 2021

Photo 3. Logging debris blocking stream channel. Photo taken by Division Staff on 1-JUN-21.