HomeMy WebLinkAboutWT002652_NOCV_20190501 nn4
ROY COOPER
Governor
MICHAEL S.REGAN ` �, "� •'2
Secretary
S.DANIEL SMITH NORTH CAROLINA
Interim Director Environmental Quality
May 1, 2019
CERTIFIED MAIL: 7013 1710 0002 1922 0336
RETURN RECEIPT REQUESTED
Michael Steven Smith
512 Edgewood Street
Kernersville,NC 27284
Subject: NOTICE OF CONTINUING VIOLATION (NOV-2019-PC-082)
Site Number: WT002652
Unpermitted Junkyard at 4400 Glenn Hi Road
Forsyth County
Dear Mr. Smith:
On April 10, 2019, Brandon Wise inspector with the North Carolina Department of
Environmental Quality (NCDEQ)—Division of Energy, Minerals, and Land Resources, visited
the subject site located at 4400 Glenn Hi Road in Kernersville, Forsyth County,North Carolina.
The site visit and file review revealed that neither you nor Audrey Cobbler Smith have applied
for, nor obtained coverage under, a National Pollutant Discharge Elimination System (NPDES)
General Permit No. NCG100000 (Used Motor Vehicles) for stormwater discharges from the site.
The site currently discharges stormwater affected by processes on site to Swaim Creek a class
"C" river the Yadkin-PeeDee River.
While on site NCDEQ spoke with you and the City of Winston-Salem representatives to
determine the best course of action from this point forward. As discussed on site in order to get
permit coverage a fine for discharging without a permit would need to be paid prior to being
approved under NCG100000. Once under coverage multiple changes to the site would need to
occur in order to get into compliance with the terms of the permit if you would like avoid future
fines. The following changes would need to be done in order to get into compliance, please note
these changes are separate from any changes required by the City of Winston-Salem in order to
get into compliance with their codes.
1) Access to the site an around the perimeter of the site, inside of the fence line, would
need to be created. The site is to be inspected monthly by the owner and should be
accessible to NCDEQ personnel to inspect and during this site visit this was not
possible.
2) Buckets with potential oils, oil containers, and some other containers with unknown
fluids were observed while on site. These should be stored under cover or in an area
where they are not subject to stormwater.
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
Winston-Salem Regional Office 1450 Hanes Mill Road,Suite 3001 Winston-Salem,North Carolina 27103
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336.776.9800
3) Spare parts such as engines, transmissions, axels, etc. should be moved to a singular
location and covered if at all possible. Even if these components have been drained
of fluids the potential to impact stormwater is still there if they are not covered.
4) Site should be organized and cleared in a way that allows for inspection of the areas
of potential impacts. Due to the nature of this business, the potential impacts are
located in all areas therefore during an inspection the owner would need to be able to
view all parts of the site.
5) Labeling of all fluid storage devices. During the site visit there were drums observed
on site, while some appeared to be used as trash, others were inaccessible. All drums
should be labeled as to know what is stored inside in case of spilling.
6) Access to an outfall must be created. Stormwater flows east on site and would leave
the site under the fence. This is completely inaccessible at the time of the inspection
and would make collecting a sample nearly impossible, outfalls must be kept clean
and clear of all debris.
7) Trash and debris not associated with a used car part lot would need to be removed
from the site. While trash is present on many different lots this is considered a
potential pollutant. Trash was present all over the site during the inspection,this
would need to be removed and overall housekeeping on the site would need to
improve greatly in order to stay in compliance.
8) A Stormwater Pollution Prevention Plan (SWPPP) would need to be created. This
plan would go over good housekeeping procedures, sampling requirements, and many
other aspects of running a permitted site.
A NPDES permit is required to discharge stormwater to waters of the state in accordance
with G.S. 143-215.1(a) and Title 15A North Carolina Administrative Code (hereby known as
NCAC) 2H .0126. A Notice of Intent to be covered under NCG100000 should be filled out or a
signed letter stating plans to close the car lot should be submitted to NCDEQ within 30 Days of
Receipt of this Letter. The Notice of Intent should be sent to the address on the notice however
should you choose to close the lot this letter can be sent to the Winston-Salem Regional Office at
North Carolina Department of Environmental Quality
ATTN: Brandon Wise
450 West Hanes Mill Road Suite 300
Winston-Salem, NC 27101
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
Winston-Salem Regional Office 1450 Hanes Mill Road,Suite 3001 Winston-Salem,North Carolina 27103
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Thank you for your attention to this matter. 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. Your efforts to
undertake activities to bring the subject site into compliance are not an admission, rather they are
actions that must be taken in order to begin to resolve ongoing environmental issues. The
timeliness with which you submit an NOI, 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
Brandon Wise (336-776-9660) or Matt Gantt (336-776-9654).
Sincerely,
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Braddon Wise Ma�tt —�
Stormwater Specialist Regional Engineer
Land Quality Section Land Quality Section
Winston-Salem Regional Office Winston-Salem Regional Office
Enclosures: Notice of Intent Form
cc: NCDEQ—DEMLR (WSRO) w/o enclosure
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
Winston-Salem Regional Office 1 450 Hanes Mill Road,Suite 3001 Winston-Salem,North Carolina 27103
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