AQ_GEN_RO_20220113_MISC_OBWaiver_PerkinsGra

January 13, 2022

Mr. Charles Perkins
Owner, Perkins Grading LLC
PO Box 1186
Belmont, NC 28012

Subject: Open Burning Setback Exception Approval
NCAC 15A 2D .1900 “Open Burning”
Perkins Grading – Mill Stone
Conover, North Carolina
Catawba County

Dear Mr. Charles Perkins:

This office is in receipt of your complete Open Burning Setback Exception request submitted
January 10, 2022, for the proposed open burning of land clearing or right-of-way maintenance debris
located at 4814 Stone Drive, Conover, Catawba County, North Carolina.

Personnel of the Division of Air Quality of this office have reviewed your Open Burning Setback
Exception request and our determinations are listed as follows:

Based upon the information submitted in your completed Open Burning Setback Exception
request, the proposed open burning of land clearing or right-of-way maintenance debris by Perkins
Grading LLC at 4814 Stone Drive, Conover, Catawba County, is hereby APPROVED by this office.

This open burning setback exception, which is effective January 13, 2022 and expires on
February 12, 2022, is granted in accordance with the information received January 10, 2022, including
any plans, specifications, and other supporting information, all of which are filed with this division and
are incorporated as part of this open burning setback exception approval. If additional dwellings,
commercial or institutional establishments, or other occupied structures are constructed within 500 feet of
the open burning site, a written statement waiving objections must be obtained from the new residents or
owners prior to the open burning. If existing dwellings, commercial or institutional establishments, or other
occupied structures are sold, leased, or rented within 500 feet of the open burning site, a written statement
waiving objections must be obtained from the new residents or new owners prior to the open burning. In the
case of a lease or rental agreement, the lessee or renter shall be the person from whom permissions shall be
gained prior to the open burning.

A copy of this approval letter, the information submitted in your completed Open Burning
Setback Exception request, and any additional written waivers must be kept at the land clearing or right-
of-way maintenance site during the open burning. This information must be available for review by
Division of Air Quality personnel, upon request.

Please find enclosed a copy of Title 15A North Carolina Administrative Code, Chapter 2D .1900
"Open Burning". It should be noted that this setback exception approval applies only to the five hundred
(500) feet setback requirement in accordance with 15A NCAC 2D .1903 (b)(2)(B). This open burning
setback exception approval does not relieve you or any subcontractors from complying with all other Air
Quality Regulations, including 15A NCAC 2D .1903 (b)(2) which states in part that the location of the
burning shall be at least 250 feet from a public road unless the prevailing winds at the time of the burning
are away from the roadway; or any applicable federal, state, or local requirements (such as North Carolina
General Statute 113-60.21 through 113-60.28 which prohibits open burning without first obtaining an
Mr. Charles Perkins
Open Burning Setback
January 13, 2022

Open Burning Permit from the North Carolina Forest Service unless one of the exceptions as listed in the
General Statute applies). Please contact the Catawba County Ranger at for more information regarding an
Open Burning Permit. Also, the City of Conover may require a burning permit at this site. Please contact
the City of Conover for more information.

This open burning setback exception approval is subject to revocation by this division upon a
determination that information contained in the request or presented in the support thereof is incorrect,
conditions under which this exception was granted have changed (including new construction within the
500 feet setback area), or violations of any applicable Federal, State, or local requirements have occurred.

Current open burning rules include some restrictions based on ozone or particulate air quality
forecasts. As part of the North Carolina Air Awareness Program, Meteorologists issue the forecasts at 3
p.m. every day for the following day in order to allow you to plan the next day’s operations.

The Charlotte forecast area includes Cabarrus, Gaston, Iredell South of Interstate 40, Lincoln,
Mecklenburg, Rowan, Union, and York Counties. The Hickory forecast area includes Alexander, Burke,
Caldwell, and Catawba Counties.

Open burning is prohibited in the above noted counties on days when the ozone or particulate air
quality forecast is "code orange", "code red", or "code purple". The Division of Air Quality discourages
open burning on those days in other areas of the state. On such "orange", "red" or "purple" days, there is
a high potential for ozone or particulate levels to exceed the standard. Open burning is allowed on "code
green" and "code yellow" days. The current forecast information can be found on the internet at
www.ncair.org (click on the Air Quality Forecasts button).

Please be advised that violations of the air quality open burning regulations could result in the
initiation of an enforcement action by this Office which could include a recommendation for the
assessment of a civil penalty in accordance with North Carolina General Statute 143-215.114A.

If you have any questions relative to this matter, please do not hesitate to contact Mr. Ryan Mills,
Environmental Specialist of this Office at [phone].

Sincerely,

Bruce J. Ingle

Bruce J. Ingle, Regional Supervisor
Division of Air Quality, NCDEQ

RCM:

Enclosure

c: MRO Files

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