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Home My WebLink AboutAQ_CC_Cabarrus_20220125_WD-Smith-Grading_OB_Cmb-CC-FilesrAr£ Quam ROY COOPER Governor ELIZABETH S. BiSER Secretary MICHAEL ABRACZINSKAS NORTH CAROLINA Director Environmental Quality January 25, 2022 CERTIFIED MAIL 7018 0360 0002 2099 3448 RETURN RECEIPT REQUESTED Mr. Billy Smith Owner W.D. Smith Grading, Inc. P.O. Box 319 Midland, NC 28107 Subject: Notice of Violation 15A NCAC 2D .1900, "Open Burning" Open Burning within 500 feet of an Occupied Dwelling W.D. Smith Grading, Inc. Harrisburg, North Carolina Cabarrus County Dear Mr. Smith: Ms. Sandra Sherer of this office observed the open burning of land clearing debris within 500 feet of occupied dwellings conducted at 10595 Hickory Ridge Road, Harrisburg, Cabarrus County, North Carolina on or before January 12, 2022. A violation of North Carolina Administrative Code Title 15A 2D .1900, "Open Burning" (copy attached) was documented during an inspection of the site. This rule states in part that "A person shall not cause, allow, or permit open burning of combustible material except as allowed by Rule .1903...". The rule prohibits open burning of land clearing debris within 500 feet of dwellings, commercial or institutional establishments, or other occupied structures that are not located on the property on which the burning is done. Ms. Sherer measured the distance from the burn pile to the closest residence not located on the burn site property. The burn pile was 443 feet from the residence located at 2500 Cedar Cove Drive, Harrisburg, NC. You were contacted on January 12, 2022 by Ms. Sherer with reference to the above violation. Therefore, this Notice of Violation is hereby issued to W.D. Smith Grading, Inc. for violation of the above referenced state of North Carolina open burning rule. It is requested that a written response to this Notice of Violation be submitted to this office as quickly as possible, but no later than ten days following receipt of this notice. The response should describe any corrective actions that you have taken or plan to take to assure compliance with the above rule at all times. North Carolina Department of Environmental Quality I Division of Air Quality Mooresville Regional Office I 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 T I 704.663.6040 F W.D. Smith Grading, Inc. January 25, 2022 Page 2 It should be noted that the violation cited in this letter or any additional doeumented violations could result in the initiation of an enforcement action by this office in accordance with North Carolina General Statute 143-215.114A, which provides for the assessment of civil penalties. We appreciate your immediate attention to this environmental concern. If you have any questions with reference to this matter, please do not hesitate to contact Ms. Sandra Sherer or Ms. Denise Hayes, regional compliance supervisor at (704) 663-1699. Sincerely, Situce J',. 3ngJU Bruce J. Ingle, Regional Supervisor Division of Air Quality, NCDEQ SLS:lms Enclosure c: MRO File https://ncconnect.sharepoint.eom/sites/DAQ-MRO/Counties/CABARRUS/_OPENBURN/WDSmithGrading_VIO_NOV_20220125.docx USPS lRACKt,IG # 111111111111:~ I First-Class Mail Postage & Fees Paid .. USPS Permit No. G-10 9590 9402 5028 9063 0107 58 United States Postal Service • Sender: Please print your name , address , and ZIP+4® in this box• NC DEPART ENT OF ENVIRONMEN L QUALl1V -REGEi ED NCDEQ -Division cf Air Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Moorcsvi!le, NC 28115 MOORESVILLE R DIVISION OF All f\Ol,JALITY1· 1· 11 j II. l I ·11· 1· 1 · .. ·11111 11 llq1pl1111 1, I• I I ,11 I •I I I, \11 ,111i1111t I I' I' ■ Print your name and address on the reverse so that we can return jhe card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. A[ti~le I\QQ~~ssest to: • Mr. tl1lly :smith Owner W.D. Smith Grad ing, Inc. P.O. Box 319 Midland, NC 28107 eived by (Printed Name) DAQISLS/20220125 3_ ServiceType II I llllll llll 11111111111111111 11111 11111111111 ~ Ad~::~:~~=:~~ Re stricted Delive~ Certified Mail® 9590 9402 5028 9063 01 07 58 D Certified Mail Restricted Delive~ ------:-----:----:--:--------,---,------------~ □ Collect on Delive~ ..2_.__ArtLcle_N_urnber (fransfe.L/rrlm service label) □ Collect on Delive~ Restricted Delive ~ ·7 In sured Mail 7 D 18 D 3 6 D O D D 2 2 D 9 9 3 4 4 8 I Insured MailRestricted Delive~ (over$500) PS Form 3811, July 2015 PSN 7530-02-000-9053 □ Priority Mail Express® D Registered Mail™ Registered Mail Restricted ·ve Me D Signatur onfirmation™ D Signature Confirmation Restricted Delive~ Domestic Return Receipt srAr£ Quam ROY COOPER Governor ELIZABETH S. BiSER Secretary MICHAEL ABRACZINSKAS NORTH CAROLINA Director Environmental Quality January 25, 2022 CERTIFIED MAIL 7018 0360 0002 2099 3448 RETURN RECEIPT REQUESTED Mr. Billy Smith Owner W.D. Smith Grading, Inc. P.O. Box 319 Midland, NC 28107 Subject: Notice of Violation 15A NCAC 2D .1900, "Open Burning" Open Burning within 500 feet of an Occupied Dwelling W.D. Smith Grading, Inc. Harrisburg, North Carolina Cabarrus County Dear Mr. Smith: Ms. Sandra Sherer of this office observed the open burning of land clearing debris within 500 feet of occupied dwellings conducted at 10595 Hickory Ridge Road, Harrisburg, Cabarrus County, North Carolina on or before January 12, 2022. A violation of North Carolina Administrative Code Title 15A 2D .1900, "Open Burning" (copy attached) was documented during an inspection of the site. This rule states in part that "A person shall not cause, allow, or permit open burning of combustible material except as allowed by Rule .1903...". The rule prohibits open burning of land clearing debris within 500 feet of dwellings, commercial or institutional establishments, or other occupied structures that are not located on the property on which the burning is done. Ms. Sherer measured the distance from the burn pile to the closest residence not located on the burn site property. The burn pile was 443 feet from the residence located at 2500 Cedar Cove Drive, Harrisburg, NC. You were contacted on January 12, 2022 by Ms. Sherer with reference to the above violation. Therefore, this Notice of Violation is hereby issued to W.D. Smith Grading, Inc. for violation of the above referenced state of North Carolina open burning rule. It is requested that a written response to this Notice of Violation be submitted to this office as quickly as possible, but no later than ten days following receipt of this notice. The response should describe any corrective actions that you have taken or plan to take to assure compliance with the above rule at all times. North Carolina Department of Environmental Quality I Division of Air Quality Mooresville Regional Office I 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 T I 704.663.6040 F W.D. Smith Grading, Inc. January 25, 2022 Page 2 It should be noted that the violation cited in this letter or any additional doeumented violations could result in the initiation of an enforcement action by this office in accordance with North Carolina General Statute 143-215.114A, which provides for the assessment of civil penalties. We appreciate your immediate attention to this environmental concern. If you have any questions with reference to this matter, please do not hesitate to contact Ms. Sandra Sherer or Ms. Denise Hayes, regional compliance supervisor at (704) 663-1699. Sincerely, Situce J',. 3ngJU Bruce J. Ingle, Regional Supervisor Division of Air Quality, NCDEQ SLS:lms Enclosure c: MRO File https://ncconnect.sharepoint.eom/sites/DAQ-MRO/Counties/CABARRUS/_OPENBURN/WDSmithGrading_VIO_NOV_20220125.docx