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HomeMy WebLinkAboutWT002690_Smokey Mountain Pallet second address_20190424ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality April 24, 2019 CERTIFIED MAIL: 7017 2620 0000 9759 0720 RETURN RECEIPT REQUESTED Smokey Mountain Pallet, Inc. Attention: Robert A. Reese 99 Old Patton Cove Road Swannanoa, North Carolina 28778 Subject: NOTICE OF VIOLATION (NOV-2019-PC-0266) Site Number: WT002690 Smokey Mountain Pallet, Inc. Buncombe County, North Carolina Dear Mr. Reese: On April 9, 2019, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), visited the subject site located at 99 Old Patton Cove Road in Swannanoa, Buncombe County, North Carolina. The site visit and file review revealed that Smokey Mountain Pallet, Inc. has neither applied for, nor obtained coverage under, an NPDES General Permit No. NCG210000 (Lumber and Wood Products) 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 the Swannanoa River, a Class C waterbody in the French Broad River Basin. The site also discharges stormwater affected by processes on site to Patton Cove Creek, a Class C 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) 21-1.0126. 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 (828) 296-4500. �FQ North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 US. Highway 70 1 Swannanoa, North Carolina 28778 828.296.4500 Notice of Violations Smokey Mountain Pallet, Inc. Page 2 of 2 Sincerely, anley E. AikenA Regional Engineer Land Quality Section Enclosure: Notice of Intent ec: Alain Morman, Environmental Specialist Alaina.morman(ancdenr.gov Stanley E. Aiken- Regional Engineer stan.aiken@ncdenr.gov Suzanne McCoy- Administrative Specialist Suzanne.mccoy@ncdenr.gov