WT003335_NOV_20220727

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
July 27, 2022
CERTIFIED MAIL: 7021 2720 0000 1254 6681
RETURN RECEIPT REQUESTED
Emery Asphalt and Paving LLC
Attention: Kathy Emery
Post Office Box 814
Arden, North Carolina 28704
Subject: NOTICE OF VIOLATION (NOV-2022-PC-0397)
Site Number: WT003335
Emery Asphalt
Buncombe County
Dear Ms. Emery:
On July 26, 2022, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR), visited the subject site located at 9 Greene Road in Arden, Buncombe
County, North Carolina. The site visit and file review revealed that Emery Asphalt has neither
applied for, nor obtained coverage under, an NPDES General Permit No. NCG160000 (Asphalt
Paving Mixtures and Blocks) for stormwater discharges from the site. The site currently discharges
stormwater affected by processes on site to receiving waters designated as an unnamed tributary of
Pinner Creek, a Class C;Tr waterbody in the French Broad River Basin.
An 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.
Enclosed with the inspection report is a copy of Notice of Intent (NOI) that shall be filled out and
submitted to the Department of Environmental Quality within 30 calendar days of receipt of this Notice.
Submission information can be found in the NOI.
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 Isaiah Reed or myself at [phone].
D_E Q.�_ North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
'�J/p Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
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aa^^�r 828.296.4500

Emery Asphalt LLC
Notice of Violation
July 26, 2022
Page 2 of 2
Sincerely,
anley E. Aike P A
Regional Eng'
Land Quality Section
Enclosure:
Notice of Intent (NCG 160000)
ec: Central Office Files
Stanley E. Aiken- Regional Engineer stan.aikenOncdenr.gov