Complete File - Historical_20171231

FILE
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
4 September 2019
CERTIFIED MAIL #: 7018 0360 0002 2099 2373
RETURN RECEIPT REQUESTED
Mr. David Neisler
Dicey Mills, Inc.,
P.O. Box 1090
Shelby, NC 28151
Subject: Notice of Violation / Notice of Intent to Enforce
Unpermitted Wastewater and Sludge Discharge
Dicey Mills Pond Closure
430 Neisler Street, Shelby, Cleveland County
BIMS Incident #201901069
Tracking #: NOV-2019-DV-0285
Dear Mr. Neisler:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environmental Quality to protect
and preserve the water resources of the State. The Division of Water Resources (DWR) has the
delegated authority to enforce adopted water pollution control rules and regulations.
On June 13, 2019, a discharge of wastewater and sludge from Pond 4 at the subject facility was
reported to DWR. The material was discharged to an unnamed tributary of the First Broad River
during the process of pond closure as a result of not fully following a Division of Waste
Management approved Pond Closure Plan. A visit to the site by DWR staff on June 14th confirmed
that some residual sludge remained in the unnamed tributary, but that the wastewater had continued
downstream and into the First Broad River. Dicey Mills does not have an active permit to
discharge wastewater and sludge to surface waters from the Division.
It is the Division's understanding, based on subsequent email correspondence, that the sludge has
been removed from the unnamed tributary and the Division appreciates your attention to this
matter. However, as a result of the violation described in this Notice, our office is considering a
recommendation for assessment of a civil penalty. If you wish to present an explanation for the
violation cited, or if you believe there are other factors which should be considered, please send
such information in writing within ten (10) days following receipt of this letter. Your response
will be reviewed and taken into consideration prior to the assessment of any civil penalties.
�`+ North Carolina Department of Environmental Quality I Division of Water Resources
E �Jl . Mooresville Regional Office 1 610 East Center Avenue. Suite 301 1 Mooresville, North Carolina 25115
u�wnm.mime�Hm�,.en�eu.+u� �`� 704.663.1699

h
11
Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day
when the violation is of a continuing nature, against any person who is required but fails_ to apply
for or to secure a permit required by G.S. 143-215.1(a). Penalties may also be assessed for any
damage. -to surface waters of the State that may result from the unpermitted discharge.
Please feel free to direct your response and any questions to me or Andrew Pitner at 704-663-1699
or by email at andrew.pitneroa ncdenngov or core .by asinger a ncdner. ov.
Sincerely,
DocuSigned by:
r +.
A14CC681 AF27425_._
W. Corey Basinger, Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
CC: Jordan Thompson, DWM Brownfields (iordan.thompson ricdenngov)
Bret Lawrence, Hart &Hickman (blawrenceaharthickman.com)
WQROS Central Office (LaserFiche)

North
Beverly Eaves Perdue
Governor
NCDENR
Carolina Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
June 11, 2010
Natural Resources
Dee Freeman
Secretary
CERTIFIED MAIL ITEM 7009 1680 0002 2464 6708 - RETURN RECEIPT.REQUESTED.:•
Mr. Leonard G. Fletcher
Lawndale Sand, LLC
804-C North Lafayette St
Shelby, N.C. 28150 J U N 17 2010
SUBJECT: Notice of Violation
Discharge of Wastewater Without a Permit':::';
Power Dam Rd mine site
Cleveland County
Dear Mr. Fletcher:
The Division is auditing its files regarding sand dredging operations covered under General Permit
NCG520000. During our file review it was determined that:
➢ The Division has no record of your having a valid permit for the discharge of wastewater from the
dredging site at the end of Power Dam Rd near Lawndale in Cleveland County. This system was
previously covered by Certificate of Coverage (CoC) NCG520072. NCG520072 expired on
7/31/2007.
➢ Annual fees for the years 2008 and 2010 have not been paid.
There are serious compliance issues and violations noted as follows.
Discharging Without a Permit
You are hereby advised that the discharge of xastewater without a permit from the Division constitutes, a
violation of North Carolina General Statute (NCGS) § 143-215.1 [Control of sources of water pollution;
permits required], which states:
(a) Activities for Which Permits Required. - No person shall do any of the following things or carry
out any of the following activities unless that person has received a permit from the Commission and has
complied with all conditions set forth in the permit:
(1) Make any outlets into the waters of the State.
(2) Construct or operate any sewer system, treatment works, or disposal system within the
State.
(6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner
intermixed with the waters of the State in violation of the water quality standards
applicable to the assigned classifications or in violation of any effluent standards or
limitations established for any point source, unless allowed as a condition of any permit,
special order or other appropriate instrument issued or entered into by, the ,Commission.
under the provisions of this Article.
The enforcement options available to the Division for violations of § 143-215.1 are found at NCGS 143-215.6
A, B, and C, and include civil penalties, criminal penalties, and / or injunctive relief. The civil penalties
for violations such as these may be as high as $25,000.00 per day per violation.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One t, 1'
512 North Salisbury. Street, Raleigh, North Carolina. 27604 NorthCarohna
Phone: [phone] / FAX [phone] Internet: httpl/portal.ncdenr.orgfweb/Wq
- u. b ::. - :Naturally
An Fniml Omnrhjnifv/Affim-mtaia Arf nn Fzrn or — 5r19d� Rarw IraU1n Pncf f nrm�imar Panay

NCG520072 NOV letter -
Page 2 of 2
You must immediately take whatever steps are necessary -to resolve -the -unvermitted discharge
of wastewater from your property:
• Complete the enclosed Renewal Form and return it to Mr. Charles Weaver at the address indicated
on the Form within 10 days of receipt of this. notice.
• With the renewal form you should submit payment for the unpaid annual fees, which total $200.00.
Make checks payable to NC DENR; include the invoice number[s] on your check[s].
OR
• Submit a response letter documenting the date that the dredging operation was shut down. The
letter should also document that you have no plan to discharge wastewater at the site in the future.
The Division is considering the pursuit of punitive sanctions against you. If we do not receive
the items listed above by June 30, 2010, a civil penalty will likely be assessed.
r
A'duplicate copy of the completed Renewal Form should be sent to:
Mr. Michael Parker
NC DENR Mooresville Regional Office
910 North Main St
Mooresville, NC 28115
Your response to this Notice of Violation will be reviewed by Division staff. If an enforcement action is still
deemed appropriate, this information, along with other relevant information, will be forwarded to the
Director for a final decision.
Should you have any questions on this matter, contact Mr. Parker at [phone] or via e-mail
[michael.parker@ncdenn gov].
• , .. , b ,.
cc:
Central Files
Moo a Re 'a an Office hwk:ha" rker
NPDES Unit file
Sincerely,
Jeff Poupart
Point Source Branch Supervisor

PVV
CC C Preci.5ion Machine
Precision Contract Machining
January 11, 2008
NC Division of Water Quality
610 East Center Ave., Suite 301
Mooresville, NC 28115
Attn: Mr. Barry Love
Mr. Love,
In the matter regarding your recent visit to our manufacturing facility to investigate an
anonymous call pertaining to an illegal discharge of cutting fluids, we will take the advice of
your office and remove the contaminated soil and replace it with fresh dirt and gravel. We
will also have the container in question removed from our premises as it belongs to a local
scrap metal dealer. We anticipate having this work completed by the end of January 2008.
You may contact me with any questions or comments at [phone] ext. 222.
Sincerely,
joeS. Cjrn�iiam
JAIV P 4 2008
NC ®EjVR MRO
WQ�Surfcc' Water r ProteclAs
ion

Michael F E e , Gtovemor
William ossJr., ecie' nary' �.—
North Carolina Department of Environment and Natural Resod ces
December 17, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0005 2882 1257
Mr. Joe S. Cunningham
C&C Precision Machine, Inc.
418 Canterbury Road
Kings Mountain, NC 28086
Subject: Notice of Violation
Incident #: 200703525
Tracking #: NOV-2007-OC-0016
Complaint Investigation
C&C Machine, Inc.
Unpermitted Discharge
Cleveland County, NC
Dear Mr. Cunningham:
Coleen H. Sullins, Director
Division of Water Quality
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and directs
the Environmental Management Commission of this Department to protect and preserve the water
resources of the State. The Division of Water Quality has the delegated authority to enforce adopted
pollution control rules and regulations.
On December 12, 2007 Mr. Barry Love of this Office conducted a complaint investigation at
your business at 418 Canterbury Road. As a result of this investigation, the following condition was
found in violation of North Carolina General Statute (NCGS) 143-215.1 and NCGS 143-215.83(a):
An illegal discharge of cutting fluid onto the ground from a bin containing metal shavings was
observed. Oil stained soil and cutting fluid was present along a small ditch adjacent to the parking lot.
This is considered an illegal unpermitted discharge.
Be advised that NCGS 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when
the violation is of a continuing nature, against any person who is required but fails to apply for or to
secure a permit required by NCGS 143-215.1. Also be advised that pursuant to NCGS 143-215.88A,
any person who intentionally or negligently discharges oil or other hazardous substances, or
knowingly causes or permits the discharge of oil in violation of NCGS 143-215.83(a), or who fails to
report a discharge as required by NCGS 143-215.85, or who fails to comply with the clean up
oe
NCarolina
Nawra!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mr. Joe S. Cunningham
Notice of Violation
Page two
requirements of NCGS 143-215.84(a), shall incur, in addition to any other penalty provided by law, a
penalty in an amount not to exceed five thousand dollars ($5,000.00) for each such violation.
Penalties may also be assessed for any damage to the surface waters of the State that may result
from the unpermitted discharge. You will be advised of any enforcement recommendation.
To comply with the regulations it will be necessary to cease all discharges immediately and
properly remove/clean-up any contaminated soils. It is requested that you respond, in writing, to this
Notice, indicating the actions you have taken. Please address your response to Mr. Barry Love by no
later than January 11, 2008.
Should you have any questions, please do not hesitate to contact Mr. Love or me at (704) 663-
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection
Enclosure
cc:. Aquifer Protection Section
Cleveland County Health Department

MRO Incident / Complaint Report
Investigator:
Received By:
%
LPL oJz�
+e
— tC—X—
Contact Date:
Date Received:
Investigated Date:.�i
Time Received:
Response Date:
County:
Complaint Type: Incident #: (BIMS, RUST, ETC) = `'
Investigated? 13 yes ❑ no
Violation? Q"yes ❑ no
NOV Sent? ET es ❑ no
Responsible Party: �A_
Complainants n,�(YIC�
fcSoiG,
11
esponsible Parfy Address / Phone:
Complainant Address /Phone:
Nature of Complaint: nq
�bE Vsc�PC--Z� l.Yl `�C.'� l t G t�� 1,�
Directions to Site:
Actions Taken/Comments:
Referred to:
❑ UST ❑ LQ ❑ AP ❑ SWP ❑ Haz. Waste ❑ Solid Waste ❑ PWS ❑ County HD
Referred on:
Referred by:

• North Carolina Secretary of State
Page 1 of 1
North Carolina
�.
Elaine Marshall D EPAR�T M E 1NT OF T IE
Secretary ECl��'7",.RY oi✓ 7""E
PO Box 29622 Raleigh, NC 27626-0622 ((919WlQ7-2000
CORPORATIONS
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Corporation Names
Name
Name Type
NC C & C Precision Machine,
Legal
Inc.
Business Corporation Information
SOSID:
0269475
Status:
Current -Active
Date Formed:
5/23/1990
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Cunningham, Joseph S
Registered Office Address:
418 Canterbury Rd
Kings Mountain NC 28086
Registered Mailing Address:
3002 Harmon Homestead Rd
Shelby NC 28150
Principal Office Address:
418 Canterbury Rd
Kings Mountain NC 28086-8627
Principal Mailing Address:
No Address
Stock
Class Shares
No Par Value Par Value
COMMON 1000
100
For questions or comments about the Secretary of State's web site, please send e-mail to Webmaster.
http://www.secretary.state.ne.us/corporations/Corp.aspx?PitemId=4993574 12/13/2007

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FROM :CCPM
FAX NO. :704739052P 0 Dec. 12 2007 03:58PM P1
C & C PRECISION MACHINE
418 CANTERBURY ROAD
DINGS MTN, NC 28086.
PH0NE: 704 739-0505 X 223
. FAX: [phone]
TO: BARRY LOVE
COMPANY: NCDENR
FROM: D.ANNY DAVIS
MSD SHEETS YOU REQUESTED
DATE: 12/ 12/07
WE USE TRIM E-206 AND SC230 COOLANTS
IF YOU NEED MORE INFO PLEASE CALL.
THANKS, DANNY

FROM :CCPM FAX NO. :7047390529 Dec. 12 2007 03:58PM P2
MATERIAL SAFETY DATA SHEET
TRIM® E206
l CULMLWAL EBODUCI AND COMPANY IDENTiFICA3;,>tON.
Product name TRIM" E206
Material type Cutting and grinding; fluid concentrate
Classification/synonym(s) Chemical emulsion/Soluble oil
Product use Coolant and lubricant in metal removal processes
Manufacturer address MASTER CHEMICAI, CORPORATION
501 West Boundary
Perrysburg, 011 43551-1200
Emergency telephone [phone] Fax number 419-874-0684
OMPOSITIQN/INFORM ON ON. INGREDIENTS
OTHER
COMPONENT OSHA AC:GIH LIMITS
PEL TLV RECOM. CAS # "/ORANGE
Severely hydrotreated 5 mghn' 5 rng/m; none 64742-52-5 40-50
petroleum oil (mist) (mist)
triethanolamine none 5 mg/m, none 102-71-6 1-10
.ie exact chemical identities and percentages of the raw materials used in TRIM` E206 are trade secrets. This
information is being withheld as provided for in the Occupational Safety and Health Administration's Hazard
Communication RuIC (29 CFR 1910,1200).
3. HAZARDS IDENTIFICATION
Emergency overview Dark blue liquid
No immediate hazard
Fire may produce oxides of carbon, nitrogen, and sulfur
POTENTIAL HEALTH EFFECTS
Acute effects of
Eye Contact
Transient irritation
overexposure
Skin Contact
Concentrate may be irritating, nonsensitizer
Inhalation
Nontoxic
Ingestion
Nontoxic
Skin Absorption
Nontoxic
chronic effects of
None currently known
overexposure
Product/Ingredients listed as NTP Annual Report NoIARC Monographs No
carcinogen or potential carcinogen? OSHA No
Signs and symptoms of exposure None
Page 1 of 4 (TRIM® E206)

• FROM :CCPM
FAX NO. :7047390529 Dec. 12 2007 03:58PM P3
Medical conditions generally None known
,I-gravated by exposure
4. ['
Emergency and first aid Eyes Flush immediately with cool, clean water for at
procedures least 15 minutes
Skin Wash with mild soap and warm water
inhalation Move to fresh air
Ingestion If large quantities are ingested, contact a physician
in every case get medical attention as required
M�vma OctU
Flash point (test method)
F.xtinguishing media
Special dire fighting
procedures
212°F (>I00°C) (COC) Flammable limits
Not determined
As appropriate for the surrounding fire: water (flood with water),
dry chemical, CO, or "alcohol" foam
None Unusual fire and explosion None
hazards
6. ACCID
Steps to be taken if material
Mop up or use dry absorbent
is released or spilled
7. HANDLING AND STORAAQE
Precautions to be taken
Avoid contact with eyes. Avoid prolonged or repeated
in handling and storing
skin contact with the concentrate: Wash thoroughly
after handling. Do not swallow.
Other precautions
This product contains amine. Do not add nitrite or other nitrosating agents to this
product due to the potential for nitrosamine formation.
an
Respiratory protection
None
(Specify type)
Ventilation
Local exhaust Not normally required
Mechanical (General) General room ventilation should be sufficient
Special None
Other None
Protective gloves
None needed with working solution
Other protective equipment
None
Eye protection
Safety glasses
Exposure limits
None established by ACGIH or OSHA for product as whole
Refer to Section 2
Appearance Dark blue liquid
Odor Mild odor
Page 2 of ('CRIM`s E205)

FROM :CCPM FAX NO. :7047390529 Dec. 12 2007 03:59PM P4
pH of concentrate.(as range) 8.0 • 8.3
Typical operating pH (as range) $.8 - 9.2
Boiling point (ASTM D86) 203'F (95'C)
Freezing point Not applicable
Solubility in water 100%
Specific gravity (HzO =1) 0.980
VOC Content (EPA Method 24) 2.113 Ibs/gal
Evaporation rate (butyl acetate=1) 1
10, STABILITY AND REACTIVITY
ability Stable Conditions to avoid None
Incompatibility Strong oxidizers, acids and alkalis
(materials to avoid)
Hazardous combustion or Thermal decomposition (fire) may produce oxides of carbon,
decomposition products nitrogen, and sulfur
Hazardous polymerization Will not occur Conditions to avoid None
Results
Study Test Animal Concentrate 10% Solution
Acute inhalation Rat -- nontoxic
toxicity LCg,>202mg/l
Acute oral
Rat
nontoxic
nontoxic .
toxicity
LD,,.'5000mg/kg
A -,.ute dermal
Rabbit
nontoxic
nontoxic
toxicity
LD5'.-2000mg/kg
Primary skin
Rabbit
irritant
nonirritant
irritation
PDI index>6.42
PDT index= 2.21
Primary eye
Rabbit
irritant
nonirritant
irritation
I luman Insult
Human
---
nonirritant
patch '
Volunteers
nonsensitizer
12. ECOLOGICAL 1NFDRM
No data available
.U—,K!jSP0SAL CONSIDERATE
Waste.disposal method Must comply with local, state: and federal regulations. If pre-treatment is needed, chemical
treatment or ulb filtration maybe used. Contact Master.Chemical Tech Line (1-800-537-33 05)
for assistance.
Page 3 of 4 (TRIM'O E206)

FROM .:CCPM FAX NO. :7047390529 Dec. 12 2007 03:59PM P5
TRA S
n,,partmcnt of DOT Hazard Clasx: None
ransportation TRIMO 6206 is not classified as a hazardous material by DOT.
S
Resource Conservation and EPA Ha7ardous Waste Number(s): None
Recovery Act TRIM' E206 is not classified as a hazardous waste by EPA.
Toxic Substances
Control Act
Superfund Amendments and
Reauthorization Act of 1986
(ricalth)
(Fire)
(Reactivity)
(Personal Protection)
All TRIM° E206 ingredients are listed on the TSCA Inventory
of Chemical Substances.
TRIM` 2206 does not. Contain any Section 302/304 Extremely
Hazardous Substances or Section 313 Toxic Chemicals.
HMIS Hazard Index
Concentrate
H-1
F=0
R=0
PP • A (safety glasses)
Typical Working Solution
H=l
F = 0
R=0
PP A (safety glasses)
NFPA RATING
H=1
F=0
R=0
Special hazards = none
H=l
r•=o
R=0
Special hazards = none
Key 0 -- minimal I =slight 2 = moderate 3 = serious 4 = severe
This information is intended solely for the use of individuals trained in the particular system.
TRIM' is a registered trademark of Master Chemical Corporation.
U 1997 Master Chemical Corporation.
I lie. information herein is given in good faith and believed current as of the date of this MSDS. Because conditions of use
are beyond our control,, no guarantee, representation or warranty expressed or implied is made. Consult Master Chemical
Corporation for further information.
Date of preparation May 31, 2007
Page 4 of 4 (TRIM® E206)

. FROM :CCPM FAX NO. :7047390529 Dec. 12 2007 04:00PM P6
MA TRIAL SAFETY DATA SHEET
TRIMO SC230
Al, rHQUIICT AND COMPANY IDEN [ON
Product name TRIMOSC230
Material type Cutting and Grinding Fluid Concentrate
Classification/synonym(s) Semi -chemical fluid/semi-synthetic fluid
Product use Coolant and lubricant in metal removal processes
Manufacturer address MASTER CHEMICAL CORPORATION
501 West Boundary
Perrysburg, Ohl 43551-1200
Emergency telephone [phone] Fax number 419-874-0694
2. COMPOSITIONAN17 MATION ON INGREDIENTS
OTHER
COMPONENT OSHA ACGIIH LIMITS
PEL TLV RECOM. CAS 0 %RANGE
ethanolamine. none 5mg/mj none 102-71-6 5-15
monoethanolamine 3ppm. 3ppm none 141-43-5 1-10
The exact chemical identities and percentages of the raw materials used in TRIM" SC230 are trade secrets. This
information is being withheld as provided for in the Occupational Safety and Health Administration's Hazard
Communication Rule (29 CFR 1910.1200).
��5 lrif NTIFICATION
Emergency overview_ Blue liquid
No immediate hazard
Fire may produce CO, CO2, NO,,
POTENTIAL. HEALTH EFFECTS
Acute effects of Eye Contact
Transient irritation
overexposure Skin Contact
Possible defatting, nonirritant, nonsensitizer
e--pected to be inhalation
Nontoxic
Ingestion
Nontoxic
Skin Absorption_
Nontoxic
Chronic effects of None currently known
overexposure
Product/Ingredients listed as NTP Annual Report NoIARC Monographs No
carcinogen or potential carcinogen? OSHA No
Signs and symptoms of exposure
Medical conditions generally .
aggravated by exposure
Norte
None known
Page I of 4 (TRIM' SC230)

FROM :CCPM
FAX NO. :7047390529 Dec. 12 2007 04:00PM P7
4. FIRST 'AID MEASURES
Emergency and first aid Eyes Flush immediately with cool, clean water for at
procedures least 15 minutes
Skin Wash with mild soap and warm water
Inhalation Move to fmx h air
Ingestion if large quantities are ingested, contact a physician
In every case get medical attention as required
Flush point (test method)
,.xtinguishing media
None to boiling (COC) Flammable limits
Not determined
As appropriate for the surrounding tire: water (flood with water),
dry chemical, CO, or "alcohol" foaan
Special Fire fighting None Uaasual fire and explosion None
procedure.4 hazards
fi. ACCIDENTAL.]RELEASE MEASURES
Steps to be taken if material Mop up or use dry absorbent
is released or spilled
7. HANDLING AND STORAGE
Precautions to be taken Avoid contact with eyes. Avoid prolonged or repeated skin contact with the
in handling and storing concentrate. Wash thoroughly after handling_ Do not swallow. Refer to
container labels.
,"-,her precautions This product contains amine. Do not add nitrite or other nitrosating agents to this
product due to the potential for nitrosamine formation.
Respiratory protection None
(Specify type)
Ventilation Local exhaust Not normally required
Mechanical (General) General room ventilation should be sufficient
Special None
Other None:
Protective gloves None
Other protective equipment None
Eye protection Safety glasses
Exposure limits None established by ACGIH or OSHA for product as whole
Refer to Section 2
Appearance Blue liquid
Page 2 of 4 (TRIM°" SC:230)

I FROM :CCPM
FAX NO. :7047390529 Dec. 12 2007 04:00PM PO
Odor
Mild, sweet odor
pH of concentrate
9.3
Typical operating pH (as range)
8.7 - 4.2
20.8 F (` 8'C )
Boiling point (ASTM D$b)
Freezing point
32T (0"C )
tiolubility in water
Complete
Specific gravity (H2O=1)
1.050
3C Content (EPA Method 24)
2.043 lbs/gal
Evaporation rate (butyl acetate=l) >1 (Same as water)
�1 51,68ILITY AND REACTIVITY
Stability
Stable Conditions to avoid None
Incompatibility
Strong oxidizers and acids
(materials to avoid)
Hazardous combustion or
Thermal decomposition (fire) may produce CO, CO„ NO,,
decomposition products
Hazardous polymerization
Will not occur Conditions to avoid None
i $ a .0 ram ll LIN
Study
Test Animal
Concentrate
...Lute inhalation
Rat
---
toxicity
Acute oral
Rat .
nontoxic
toxicity
LD.,,- 5000mg/kg.
Acute dermal
Rabbit
nontoxic
toxicity
LDg0--2000mg/kg
Primary skin
Rabbit
nonirritant
irritation
PDl index=1.87
Primary eye
Rabbit
irritant
irritation
Repuated insult
Human
---
patch
Volunteers
No data available
Results
10% Solution
nontoxic
LCSo>204mg/l
nontoxic
nontoxic
nonirritant
PDl index=0.17
nonirritant
possible defatting
nonirritant
nonsensitizer
13. DISPOSAL. CONSIDERATIONS
Waste disposal method Must comply with local, state, and federal regulations. If pre-treatment is needed,
chemical treatment or ultrafiltration may be used. Contact Master Chemical 'Tech
Line (1-800-537-3365) for assistance.
Page 3 of4 (TRIM'' SC:230)

FROM :CCPM
FAX NO. :7047390529 Dec. 12 2007 04:01PM P9
ANSPORT INFC)RMATiON
Department of DOT Hazard Class: None
Transportation TRIMd° SC230 is not classified as a hazardous material by DOT.'
Resource Conservation and EPA Hazardous Waste Number(s): None
Recovery Act TRIM't' SC23U is not classified as a hazardous waste by EPA.
Toxic Substances
Control Act
Superfund Amendments and
Reauthorization Act of 1986
(Health)
(Fire)
(Reactivity)
(Personal Protection)
All TRIM` SC230 ingredients are: listed on the TSCA Inventory
of Chemical Substances.
"PRIM"' SC230 does not contain any Section 302/304 Fxtremely
Hazardous Substances or Section : 13 Toxic Chemicals.
HMM )Razard Index
Concentrate
I•I = 1
F=0
R=0
PP = A (safety glasses)
Typical Working Solution
H = I
F=0
R=0
PP - A (safety glasses)
NFPA RATING
H=1
F=0
R=0
Special hazards = none
H=1
F=O
R=0
Special hazards w none
Key 0 = minimal 1 -slight 2 - moderate 3 = serious 4 = severe
,is information is intended solely for the use of individuals trained in the particular system_
TRIO' is a registered trademark of Master Chemical Corporation.
(C) 1998 Master Chemical Corporation.
The information herein is given in good faith and believed current as of the date of this MSDS. Because conditions of use
are beyond our control, no guarantee; representation or warranty expressed or implied is made. Consult Master Chemical
Corporation for further information.
Date of preparation May 2007
Page 4 of (TRIM`' SC23U)

MRO Incident / Complaint Report
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Received By:
- AA loc LIC)
Contact Date:
Date Received:
Investigated Date:
Time Received:
Response Date:
Count C-�rC"j
Complaint Type: Incident #: (BIMS, RUST, ETC) oo ?o :35 :�
/✓OV-no0? "OG -001
Investigated? [r yes ❑ no
Violation? yes ❑ no
NOV Sent? ✓f es ❑ no
Responsible Party:
GC—P�
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Directions to Site:
Actions Taken/Comments:
Referred to:
❑ UST ❑ LQ ❑ AP ❑ SWP ❑ Haz. Waste ❑ Solid Waste ❑ PWS ❑ County HD
Referred on:
Referred by:

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s
AiILA.
FACDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4509 6598
Mr. Nelson Jerry Morris, President
Morris Scrap Metal Company, Inc.
2045 Shelby Road
Kings Mountain, North Carolina 28086
Dear Mr. Morris:
Division of Water Quality
Coleen H. Sullins
Director
September 22, 2009
Dee Freeman
Secretary
Subject: Notice of Violation
Violations of G.S. 143.215.1, 143.215.83,
143.215.84, and 143.215.85
Unpermitted Discharges of Oil and Stormwater
Morris Scrap Metal Company, Inc.
Cleveland County, N.C.
Tracking #: NOV-2009-OC-0010
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of this Department to protect and preserve the water resources of
the State. The Division of Water Quality has the delegated authority to enforce adopted water pollution
control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation conducted
on September 11, 2009 by Mr. Wes Bell of this Office. As a result of this investigation, the following
conditions were found in violation of G.S. 143-215.1, 143.215.83, 143.215.84, and 143.215.85:
Stormwater was being discharged from the Morris Scrap Metal Company, Inc. business
site without a permit. In addition, oil had been discharged onto the ground (small areas) at
the vehicle parts storage area.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
No thCaxolina
An Equal Opportunity k APirmative Action Employer — 50% Recyciedl10% Post Consumer paper

1
Mr. Nelson Jerry Morris
September 22, 2009
Page Two
Please be advised that this report is being issued as a Notice of Violation (NOV) for the violations
of G.S. 143-215.1, 143.215.83, 143.215.84, and 143.215.85. Be advised that pursuant to G.S. 143-
215.88A, any person who intentionally or negligently discharges oil or other hazardous substances, or'
knowingly causes or permits the discharge of oil in violation of G.S. 143-215.83, or who fails to report a
discharge as required by G.S. 143-215.85, or who fails to comply with the clean up requirements of G.S.
143-215.84, shall incur, in addition to any other penalty provided by law, a penalty in an amount not to
exceed five thousand dollars ($5,000.00) for each such violation. Be advised that G.S. 143-215.6A
provides for a civil penalty assessment of not more that twenty-five thousand dollars ($25,000.00), or
twenty-five thousand dollars ($25,000.00) per violation, per day when the violation is of a continuing
nature, against any person who fails to secure a permit required by G.S. 143-215.1.
To comply with the regulations it will be necessary to immediately initiate the removal and proper
disposal of the contaminated soil and water, with all affected areas being restored as nearly as may be to
the conditions existing prior to the discharges. In addition, you must submit a completed application form
(Notice of Intent) and supporting fee ($100.00) to the Division for the stormwater discharges located at the
Morris Scrap Metal Company, Inc. business site The application form and supporting fee should be
mailed to: Mr. Bradley Bennett, Stormwater and General Permits Unit, 1617 Mail Service Center, Raleigh,
NC, 27699-1617. The application form and supporting fee should be completed within thirty (30) days of
this dated letter. The application form and associated permit information (conditions, technical guidance,
etc. under NCG200000 — Scrap Metal) can also be found at the following web address:
http://h2o.ehnr.state.nc.us/su/Forms—Documents.htm.
This Office requests that you respond to this letter. Your response should address all corrective
actions regarding the oil discharges (including soil cleanup measures) and the facility's status in obtaining
a permit for the stormwater discharges. Please address your response to me by no later than October 13,
2009.
Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
Enclosure:
Complaint Investigation Report
Notice of Intent (Application Form)
cc: Cleveland County Health Department
on

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST CENTER AVENUE/SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Stormwater Inspection
DATE OF INVESTIGATION: September 11, 2009
INVESTIGATED BY: Wes Bell..
PLACE VISITED: Morris Scrap Metal Co., Inc. business site
PHYSICAL LOCATION: 2045 Shelby Road/Kings Mountain/NC
RIVER BASIN: Broad
REASON FOR VISIT: Investigation to determine stormwater permit status.
COPIES TO: Cleveland County Health Department
REPORT:
On September 1, 2009, this Office received a complaint regarding concerns with the
stormwater runoff at the Morris Scrap Metal Co. business site. Mr. Wes Bell of this Office met
with Mr. Chris Morris, Morris Scrap Metal Co., on September 11, 2009 to determine if the
facility would qualify to be covered under a Stormwater Permit.
The Morris Scrap Metal Co. is involved with the recycling and resale of scrap iron/metals
and new and salvage steel, etc. The business site is bordered by two drainage ditches that
converge to one at the back of the property. All stormwater runoff from the business site and
adjacent Shelby Road is collected in these drainage ditches. Both drainage ditches converge to a
single ditch and discharge the stormwater into an unnambed tributary to Beason Creek. No flow
was observed in the drainage ditches at the time of the inspection. The facility has not applied
for coverage under a Stormwater Permit.
Mr. Bell observed oil on the ground and in several small puddles of water at the vehicle
parts storage area. This storage area is adjacent to one of the drainage ditches. These oil
discharges were observed on both sides of the storage area. Vehicle parts (and other mechanical
parts) were being stored on the ground and in metal cylindrical containers. Several used oil
filters had also been placed on the ground behind the machinery that cuts and bails the metal
materials. No oil stains were observed in either of the drainage ditches at the time of the
inspection. Mr. Morris indicated that all used oil is collected in 55 gallon plastic drums and
periodically removed by a contracted company.

Complaint Investigation
Page Two
Mr. Bell discussed the stormwater permitting requirements and environmental regulations
pertaining to this inspection with Messrs. Chris and Neil Morris. Messrs. Chris and Neil Morris
were courteous and helpful throughout this investigation. A follow-up inspection may be
necessary to verify the facility's permitted status (stormwater) and all cleanup activities (oil
discharges). -

• - r O�Oi W A TF9Q
r
o �
Mr. Kennon Fitch
2242 Hoey. Church Road
Shelby, NC 28152
Michael F. Easley, Governor
. William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
aka. Ali
April 25, 2007 - � ID Z t.� -LA R S�0 ..
SUBJECT: Assessment of Civil Penalties
Kennon Fitch
Cleveland County
Case No. CV-2007-0005
Dear Mr. Fitch:
APR ` ,{ ,27
This letter transmits. notice of a civil penalty assessed against Kennon Fitch in the amount of
$10.415.78, which includes $415.78 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
- -- ----- of the Department of Erivirown ent--and Natural Resources and the Director of -the Division of ----- - -
--
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following
three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition to the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your
receipt of these documents will result in this matter being referred to the Attorney
General's Office with a request to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1— Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources (DENR). Payment of the penalty will not foreclose further enforcement action
for any continuing or new violation(s). Do not include the attached waiver form if
making payment. Payment must be sent within 30 'calendar days of receipt of this notice
to the attention of.
tw
Caro ina
urmAy
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquafity.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Kennon Fitch
Cleveland County
Case No. CV-2007-0005
Page 2 of 3
Mr. Shelton Sullivan
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2 — File a request for remission of civil penalties':
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not be processed without a waiver of your right to an administrative hearing
and a stipulation that there are no factual or legal issues in dispute. You must execute
and return to this office the attached "Waiver of Right to an Administrative Hearing and
Stipulation of Facts" and the attached "Justification for Remission Reauest" which
should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
For this option you must file your request for remission of civil penalties within thirty
(30) calendar days of receipt of this notice with the NPS Assistance & Compliance
Oversight Unit. Submit this information to the attention of -
Ms. Karen Higgins
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3 — File a written petition to the Office of Administrative Hearings:
If you wish to contest any portion of the civil penalty assessment, you must file a petition
for a contested case hearing. This must be in the form of a written petition to the Office
of Administrative Hearings and must conform to Chapter 150B of the North Carolina
General Statutes. For further information, please refer to the Office of Administrative
Hearings website OAtp://www.ncoah.com/).
Within thirty (30) calendar days of receipt of this notice, you must file your original
petition for a contested case hearing in the:

Kennon Fitch
Cleveland County
Case No. CV-2007-0005
Page 3 of 3
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
You must also mail or hand deliver a copy of the written petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
and to:
Mr. Shelton Sullivan
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center.
Raleigh, North Carolina. 27699-1617
The violations addressed by this assessment and any impacts to waters must be abated. You are
encouraged to contact Alan Johnson with the DWQ Mooresville Regional Office at (704) 663-
1699 if you need assistance in achieving compliance at the site. Please be advised that
additional assessments may be levied for future, continuing, or ­other violations beyond the
scope of this specific assessment.
If you have any questions, please contact Karen Higgins at [phone] extension 574 or
Danny Smith at extension 353.
later Quality
ATTACHMENTS
cc: RM b aac�r syi� M e WE ,,; ��c .
Alan Johnson — DWQ Mooresville Regional Office
Zahid Khan — DLR Mooresville Regional Office Supervisor
Steve Chapin — US Army Corps of Engineers Asheville Field Office
Danny Smith - DWQ NPS Assistance & Compliance Oversight Unit Supervisor
Water Quality Central Files
Susan Massengale, PIO

s
JUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: CV-2007-0005 County: Cleveland
Assessed Party: Kennon Fitch
Permit No. (if applicable): NCGO10000 Amount Assessed: $10,415.78
Please use this form when requesting remission of this civil penalty: You must also complete the
"Request For Remission Waiver of Ri-aht to an Administrative Hearinz, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to .consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document.. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or' something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Cleveland
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
Kennon Fitch ) STIPULATION OF FACTS
CASE NO. CV-2007-0005
Having been assessed civil penalties totaling $ . 10,415.78 for violation(s) as
set forth in the assessment document of the Director of the Division of Water Quality dated
April 25, 2007 , the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within
thirty (30) calendar days of receipt of the civil penalty assessment. No new evidence in support
of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil
penalty assessment.
This the day of , 20
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
COUNTY OF CLEVELAND RESOURCES
IN THE MATTER OF
) CASE NO. CV-2007-0005
KENNON FI TCH
)
FINDINGS AND DECISION
AND ASSESSMENT OF
FOR VIOLATIONS OF
) CIVIL PENALTIES
NCGS 143-215.1 and
)
15A NCAC 213.0211 (2)
)
Acting pursuant to North Carolina General Statues (hereby known as G.S.) 143-215.6A, I, Tom Reeder,
of the Division of Water Quality (hereby known as DWQ), make the following: .
I. FINDING OF FACT
A. Kennon Fitch is the owner of record for several tracts of land located at 1919 Kings Road
in Cleveland County, North Carolina.
B. Kennon Fitch conducted land disturbance along several tracts of land located at 1919
Kings Road in Cleveland County.
C. On October 18, 2006 and February 14, 2007, North Carolina Division of Land Resources
(hereby known as DLR) inspected the site and determined that land disturbance had
exceeded one (1) acre and that an approved erosion and sedimentation control plan had
not been issued for land disturbing activities. .
D. For construction activities disturbing one or more acre of land, Stormwater General
Permit Number NCGO10000 is required. This permit is issued to all owners and
operators of stormwater point source discharges associated with construction activities
including clearing, grading and excavation activities resulting in the disturbance of land.
E. DWQ and DLR file review confirmed that Kennon Fitch was not issued or covered by
General Stormwater Permit No. NCGO10000 for the site in accordance with G.S. 143-
215.1(a) and Title 15A North Carolina Administrative Code (hereby known as NCAC)
2H .0126.
F. On October 31, 2006, DWQ staff conducted a site inspection of the above tract and
observed that approximately 350 linear feet of stream had been impacted from the
placement of fill and deposition of sediment up to 18 inches deep within the stream
channel.
G. Title 15A NCAC 2B .0211 (2) requires that "The waters shall be suitable for aquatic life
propagation and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture; sources of water pollution which preclude any of these uses on either a short-
term or long-term basis shall be considered to be violating a water quality standard."

[Cennon Fitch
Cleveland County
Page 2 of 3
H. The impacts occurred to an unnamed tributary to Hickory Creek, Class C waters within
the Broad River Basin.
I. The cost to the State of the enforcement procedures in this matter totaled $415.78.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Kennon Fitch is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212 (4)•
B. The unnamed tributary to Hickory Creek located at the site constitutes waters of the State
within the meaning of G.S. 143-212 (6).
C. Under G.S. 143-215.1(a)(11), a permit is required to cause or permit discharges regulated
under G.S. 143-214.7 that result in water pollution.
D. On one (1) occasion, Kennon Fitch failed to secure a General Stormwater Permit
NCGO10000 in accordance with G.S. 143=215. 1 (a), G. S. 143-214.7, and Title 15A
NCAC 211.0126.
E. On one (1) occasion, Kennon Fitch violated Title 15A NCAC 2B .0211 (2) by impacting
approximately 350 linear feet of stream from the placement of fill and deposition of
sediment up to 18 inches deep within the stream channel.
F. Kennon Fitch may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A
(a)(1), which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) per violation per day may be assessed against a person who violates any
classification, standard, limitation, or management practice established pursuant to G.S.
143-214.1, 143-214.2, or 143-215.
G. Kennon Fitch may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A
(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) per violation per day may be assessed against a person who is required but fails
to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to
act in accordance with the terms, conditions, or requirements of such permit or any other
permit or certification issued pursuant to authority conferred by this Part.
H. Kennon Fitch may be assessed civil penalties pursuant to G.S. 143-215.6A (a)(6) which
provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00)
per violation may be assessed against a person who violates a rule of the Commission
implementing this Part, Part 2A of this Article, or G.S. 143-355(k).
I. The State's enforcement cost in this matter may be assessed against Kennon Fitch
pursuant, to G.S. 143-215.3 (a)(9) and G.S. 14313-282 (b)(8).

Kennon Fitch
Cleveland County
Page 3 of 3
J. Tom Reeder of the Division of Water Quality, pursuant tQ delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of
the Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Kennon Fitch is hereby assessed a civil penalty of:
$ C/ 00t7. 0 for one (1) violation of failing to secure a General Stormwater Permit"
NCGO10000
$ 4900. 00 for one (1) violation of Title 15A NCAC 2B .0211 (2) by impacting
approximately 350 linear feet of stream from the placement of fill and
deposition of sediment up to 18 inches deep within the stream channel
$ /O. 000 • 0d TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 415.78 Enforcement Cost
$ !O �/ /S, TOTAL AMOUNT DUE
As required by G.S.143-21.5.6A(c), in determining the amount of penalty, I considered the factors set out
in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations; .
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
'V1.--1S07
Dat
Reeder
;ion of Water Quality

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
COUNTY OF (1) Cleveland
(2) Kennon Fitch
(your name) PETITIONER,
V.
(3) DENR, Division of Water Quality
RESPONDENT.
(The State agency or board about which you are complaining)
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
I
I Im¢o
E�f
PETITIONS
D
V V
I FORA
CONTESTED CASE HEARING V a
►—�
M
,;
t�
I
��
O
6JiJL#t
I
0
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
Petitioner has been fined in the amount of $10,215.78 by the Respondent agency for various alleged violations of the North Carolina General Statutes
dealing with water quality. Petitioner denies these allegations and specifically denies that he in any way impacted any stream or stream channel
through his actions; that any impact to the stream or stream channel was caused by others, specifically the development of a housing project more
specifically referred to as Magnolia Plantation directly behind the Petitioner's land; that he in no way caused any water pollution as alleged; he
further denies that any permit was required to engage in any activity that is alleged in the Petition
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
deprived me of property; exceeded its authority or jurisdiction;
x ordered me to pay a fine or civil penalty; or x acted erroneously,
x otherwise substantially prejudiced my rights; AND failed to use proper procedure;
x acted arbitrarily or capriciously; or
x failed to act as required by law or rule.
(5) Date: 5111/07 (6) Your phone number: ( 704 ) 482-4441
(7) Print your full address: 212 S. DeKalb Street. Shelby, NC 28150
(street address/p.o. box) city state zip
(8) Print your name:
(9) Your signature:
You must mail or deliver a COPY 6 thk-P-etition to the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
(10) Tom Reeder (11) Division of Water Quality
(name of person served) (State agency or board listed on line 3)
(12) 1617 Mail Service Center, Raleigh, NC 27699-1617
(street address/p.o. box) (city) (state) (zip code)
the . � -flay of
(14)
20 07.
(your signature)
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (11/99)

0
PL,
SURFACE WATER PROTECTION
March 15, 2007
Memorandum:
TO:
Danny Smith
FROM:
Samar Bou-Ghazale'�=
PREPARED BY:
Alan D. Johnson=`
SUBJECT:
h
Enforcement Recommendation
Mr. Kennon Fitch
1919 Kings Rd., Parcel #25991
15A NCAC 2B .0211 (2) and State Storm Water Permit
(NCGC 010000)
Cleveland County, NC
Enclosed is an enforcement recommendation package against Mr. Kennon Fitch for a
stream standard violation and failure to obtain a State Storm Water Permit for the subject
site. On October 31' 2006, Mr. Alan Johnson of this office inspected the site. Based on
his observations a Notice of Violation and Notice of Recommendation For Enforcement
(NOV/NRE) was issued on November 8, 2006 for the following:
■ Stream fll and sediment accumulations in approximately 350 linear feet of stream
which removed/destroyed aquatic habit (preclusion of Best Usage).
■ Failure to apply for and receive a State General Storm Water Permit for the
clearing/grading observed at the site.

r•
STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF
MR. KENNON FITCH
1919 KINGS ROAD
FOR VIOLATIONS OF
15A NCAC 213 .0211(2)
STATE GENERAL STORMWATER PERMIT
(NCGC010000)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. CV-2006-0019
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality (DWQ), I,
Tom Reeder of the DWQ, make the following:
FINDING OF FACT
A. Mr. Kennon Fitch is the owner of record for the tract of land located at 1919
Kings Road (Parcel #25991) in Cleveland County.
B. On October 20, 2006 the Division of Land Resources (DLR) issued a Notice of
Violation for failure to obtain an approved Sediment and Erosion Control Plan
from DLR.
C. On October 31, 2006, staff of the Mooresville Regional Office conducted an
investigation at the site and noted that approximately 350 linear feet of stream
channel had been impacted due to the placement fill in the stream and the
accumulation of sediment as the result of the fill and grading/clearing occurring
at the site. The stream is an unnamed tributary to Hickory Creek (Class C
waters).
D. On November 8, 2006, DWQ issued a Notice of Violation (NOV) and Notice of
Recommendation For Enforcement to Mr. Fitch for the removal of best usage of
waters of the state (NCAC 02B .0211 (2)) and failure to obtain a State Storm
Water Permit (NCGC010000).
E. The unnamed tributary to Hickory Creek located within and adjacent to the
boundaries of the property identified as Parcel 425991 is Class C waters of the
State within the Broad River Basin.
F. The cost to the State of the enforcement procedures in this matter totaled
$ 415.78
Based upon the above Finding of Fact, I make the following:
I1. CONCLUSION OF LAW
A. Mr. Kennon Fitch is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).

B. The unnamed tributary to Hickory Creek, located at the site, constitutes waters of
the State within the meaning of G.S. 143-212(6).
C. Mr. Fitch violated North Carolina Administrative Code 15A 2B .0211 (2)
(Preclusion of Best Usage) by the filling and allowing sediment to accumulate in
approximately 350 linear feet of stream resulting in the destruction of aquatic
plant/animal habitats.
D. Mr. Fitch violated North Carolina General Statute 143-215.1 for failing to obtain
NPDES State Storm Water General Permit NCGCOI 0000 for the
clearing/grading at the site.
E. Mr. Fitch may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation per day may be assessed against a
person who violates any classification, standard, limitation, or management
practice established pursuant to G.S. 143-215, 143-215.1, or 143-215.3.
F. Mr. Fitch may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation per day may be assessed against a
person who is required but fails to apply for or to secure a permit required by
G.S. 143-215.1, or who violates or fails to act in accordance with the terms,
conditions, or requirements of such permit or any other permit or certification
issued pursuant to authority conferred by this Part.
G. The State's enforcement cost in this matter may be assessed against Mr. Fitch
pursuant.to G.S. 143-215.3(a)(9) and G.S. 14313-282(b)(8).
H. Tom Reeder of the DWQ, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
DWQ, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Mr. Fitch is hereby assessed a civil penalty of:
for violation ofNCGS 143-215.1 for failing to obtain an
NPDES State General Stor n Water Permit (NCGC010000).
for violation of 15A NCAC 2B .0211 (2) (Preclusion of Best
Usage) by the excessive deposition of sediment in the stream and
the stream fill.
$ TOTAL CIVIL PENALTY
$ 415.78 Enforcement Cost
TOTAL AMOUNT DUE

W
As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the factors
set out in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date Tom Reeder
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE FACTORS
Type: Violations of Water Quality Standards and NPDES State Storm Water
Permit
Violator: Mr. Kennon Fitch
Address: 2242 Hoey Church Rd.
Shelby, NC 28152
Location: 1919 Kings Road
Cleveland County
Regional Office: Mooresville
1. The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations:
Mr. Fitch is the owner of the site located at 1919 Kings Rd. in Cleveland County.
Purpose of the work at the site was to prepare the area for construction. Approximately
350 linear feet of stream was impacted due to the placement of fill and sediment
accumulations as result of the fill and clearing/grading at the site.
2. The duration and gravity of the violations:
The stream fill has removed the channel from use for the aquatic community. The
sediment accumulation impedes the aquatic function of the stream. Since the site visit in
October 2006 no restoration work has been performed to remediate the stream impacts.
Sediment continues to move downstream.
3. The effect on ground or surface water quantity or quality or on air quality:
The fill placed in the stream destroyed the stream's integrity. As such, the riffle pools,
streambed substrate, and the respective biotic habitat available for aquatic life had been
destroyed.
4. The cost of rectifying the damage:
The cost for rectifying the damage to the environment is difficult to determine. The
primary costs would result from the removal of the fill and sediment and the restoration
of the stream channel. The cost associated with damage to aquatic habitats and the time
for the stream to function as it did prior to the impact is unknown.
5. The amount of money saved by noncompliance:
The failure to go through the proper channels to develop the site represents monies
saved by the violator. No sediment and erosion plan was developed, and no storm
water records were being maintained/kept.
6. Whether the violations were committed willfully or intentionally:
There is no evidence to suggest that the impacts were committed willfully or
intentionally; however, the violator should have been aware of the laws/rules related to
impacting waters of the State.

7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
DWQ/Mooresville Regional Office has no record of any previous enforcement against
Mr. Fitch.
S. The cost to the State of the enforcement procedures.
Central Office Review and Processing = $ 100.00
9.0 hours by investigators for investigating and
drafting report(s) @ 20.10/hr. _ $ 180.90
3.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. _ $ 119.88
1 hour for clerical support @ $15.00/hr. = S 15.00
TOTAL = $ 415.78
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
Mr. Fitch is a private individual.
10. Violators degree of cooperation (including efforts to prevent or restore or recalcitrance):
Mr. Fitch failed to respond to the Notice issued or to contact DWQ in any manner.
The Division of Land Resources has taken legal proceeding against Mr. Fitch for his
lack of cooperation in this matter.
11. Mitigating circumstances:
There are no mitigating circumstances.
12. Assessment Factors:
a) IWC: NA
b) Receiving Stream: UTs to, Class C Waters
c) Damage: Stream standard violations, NPDES Violation

W A T�RQG
�C,
Michael F. Easley, 0�Lemo
William G. Ross Jr., Secretary V
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kennon Fitch
2242 Hoey Church Rd.
Shelby, NC 28152
Dear Mr. Fitch:
Alan W. Klimek, P.E. Director
Division of Water Quality
November 8, 2006
7003 2260 00013494 8728
Subject: Notice of Violation and
Notice of Recommendation for Enforcement
Incident #: 200603657 & NOV-2006-CV-0019
NCAC 02B .0211 (2) and
Storm Water General Permit NCGO 10000
1919 Kings Road
Cleveland County, NC
In response to a referral from the Division of Land Resources, Mr. Alan Johnson of this office conducted an
investigation at the subject site on October 31, 2006. During the investigation it was observed that approximately 350
linear feet (If) of stream had been impacted.due to fill being placed in the stream and from sediment deposition. Up to
18"of sediment was observed in the stream channel. This letter is being issued as a Notice of Violation and Notice of
Recommendation for Enforcement for the removal of best usage of the waters pursuant to 15A North Carolina
Administrative Code (NCAC) 02B .0211 (2) and failure to acquire a State General Storm Water Permit (NCGO1000).
Based on this Office's inspection'of the site, the following violation was observed:
NCAC 213 .0211 (2): Preclusion of Best Usage
The sediment deposition in the stream resulted in the loss of use.6f the channel for aquatic life. Specifically, 15A
NCAC 2B .0211 (2) states that the preclusion of best usage, which includes "... aquatic life propagation and
maintenance of biological integrity, wildlife, secondary recreation, and agriculture ..." represents a water quality
standard violation.
Storm Water General Permit
A storm water permit is required for any land disturbances exceeding one acre. The permit is issued upon
approval of a Sediment and Erosion Control Plan (SECP) from the Division of Land Resources. The permit
requires the installation of a rain gauge, regular inspections of storm water discharges, erosion control devices,
and record keeping. As of this notice it is this Office's understanding that you have failed to secure an approved
SECP from the Division of Land Resources, thus a storm water permit. All work should cease at the site and the
area stabilized until a SECP and storm water permit has been obtained.
This office requires that the violation(s) be abated immediately. If you have an explanation for the noted
violation(s) that you wish to present, please respond in writing within fifteen (15) days following the date of receipt
of this notice.
Nose Carolina
Atura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for his consideration. Please note that these violations and
any future violations are subject to civil penalty assessments of up to $25,000.00 per day for each violation.
In addition to your response, it is requested that a plan of action for removing the sediment and fill from the
stream and a timeline for completion of the work be submitted to this Office by December 15, 2006. You may seek
an after -the -fact Water Quality Certification from the Division of Water Quality for the fill. It is also recommended
that you contact a professional who is experienced in these matters that can assist you with the removal of the
sediment and application.
Thank you for your prompt attention to this matter. If you have any questions, please do not hesitate to
contact Mr. Johnson or me at [phone].
Sincerely, ,
f
Samar Bou-Ghazale
Acting Regional Supervisor
Surface Water Protection
cc: US Army Corps of Engineers
Danny Smith — Compliance/Enforcement
MRO, Land Quality
Rebecca Fox - EPA
Central File

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Cleveland County Sheriffs Department
Law Enforcement Center
P.O. Box 1508
Shelby, North Carolina 28151
Re: NOTICE OF SERVICE
Mr. Kennon Fitch
Dear Sheriff:
Please serve the attached correspondence as follows:
Mr. Kennon Fitch
2242 Hoey Church Road
Shelby, North Carolina 28152
Alan W. Klimek, P.E. Director
Division of Water Quality
January 4, 2007
�JATURAL RESOURCR
OFFICE
JAN 1 C 2U1
WATER �P`b� ITY H00
It is our understanding that because we are a State agency, no fee is required for this service. We would
appreciate your returning the completed Return of Service form in the return envelope provided herein.
The SWP Section appreciates this assistance from your department. Should you have any questions, please
contact me at [phone], ext. 2200.
Sincerely,
d
Alan Johns,.on
Specialist 111
Enclosures
wo
NorthCarolina
Naturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterquality.or, 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the 9 day of
200 , and together with the correspondence was served as follows:
tit dN on the day of 20 C77 , at the
following place:
(Fill in address where copy delivered)
By:
(Serving Officer)
Check one of the following:
✓ personally delivering copies to the named individual;
left with , who is a person of suitable age discretion and who resides in
the named individual's dwelling house or place of business.
If not served on the named individual, state reason:
y/Vhe
County/4Sheriff,
(Sheriff Signature) (Date)
Fee $: Waived (State Agency) Paid by: N/A
Please return this form to:
NC Dept. of Environment & Natural Resources
Surface Water Protection Section
Division of Water Quality
610 East Center Avenue
Suite 301
Mooresville, North Carolina 28115
Attention: Alan Johnson

.�-���� ����a � � � �
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ft

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section
Director and State Geologist
February 21, 2007
NOTICE OF CONTINUING VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL #7006 2760 0001 8493 1178
RETURN RECEIPT REQUESTED
Mr. Kennon W. Fitch
2242 Hoey Church Road
Shelby, North Carolina 28152
RE: Project Name: 1919 Kings Road lot disturbance
Project ID: Not yet assigned
County: Cleveland
Dear Sir:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
On November 17, 2006, you received a Notice of Violations indicating that you and/or your
firm were conducting a land -disturbing activity located off Kings Road, Shelby, North Carolina that
was in violation of the Sedimentation Pollution Control Act of 1973.
A follow-up inspection of this project on February 14, 2007, indicated that the violations outlined in
the Notice have still not been corrected.
Because the violations were not corrected on or before the deadline for compliance, which
was November 27, 2006, this matter is being referred to the Director, Division of Land Resources,
for enforcement: I urge you to correct these violations immediately. A civil penalty of up to
$5000.00 per day for violations is authorized by G.S. 113A-64. It should be noted that each day of
noncompliance constitutes a separate violation of the Sedimentation Pollution Control Act of 1973.
A penalty may be assessed from the date of the violation until the date the violations are corrected.
Please be advised that if compliance is not immediately undertaken, other appropriate action may be
requested.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 • Phone: [phone] / FAX: [phone]

Notice of Continuing Violations
Mr. Kennon W. Fitch
February 21, 2007
Page 2 of 2
matter.
Please do not hesitate to contact me regarding any questions you might have about this
Sincerely,
;3-41yk,s,
��
Zahid Khan
Regional Engineer
Land Quality Section
Enclosure: Sedimentation Inspection Report
cc: State Sedimentation Specialist
Regional Water Quality Supervisor
J

SEDIMENTATION INSPECTION REPORT
North Carolina Department of Environment and Natural Resources
Land Quality Section
610 East Center Avenue, Suite 301, Mooresville, NC 28115 [phone]
County: Cleveland Project: Lot Disturbance off Kings Road
Person financially responsible: Mr. Kennon W. Fitch, Owner
Address: 2242 Hoey Church Road, Shelby, North Carolina 28152
River basin: Broad
Project #: Not Yet Assigned
1. Project location: Kings Road Pictures: NYes ❑No ❑Prints ❑Slides ❑Video ®Digital
2. Weather and soil conditions: sunny, 50's workable soils
3. Is site currently under Notice of Violation? ®Yes ❑No
4. Is site in compliance with S.P.C.A. and rules? ❑Yes ®No If no, check violations below
5. Violations:
Na. No approved plan, G.S. 113A-57(4) and 15A NCAC 04B .0107(c) Ng. Inadequate buffer zone, G.S. 113A-57(1)
❑b. Failure to follow approved plan, G.S. 113A-57(5)
❑c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A NCAC 04B .0118(a)
❑d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A NCAC 04B .0107(b) or 15A NCAC 04B .0124(e)
❑e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
Nf. Failure to take all reasonable measures, 15A NCAC 04B .0105
❑h. Graded slopes and fills too steep, G.S. 113A-57(2) or
15A NCAC 04B .0124(d)
❑i. Unprotected exposed slopes, G.S. 113A-57(2)
❑j. Failure to maintain erosion control measures,
15A NCAC 04B .0113
❑k. Other (describe)
6. Potential NPDES permit violation? ®Yes ❑No Describe: See above
7. Has sedimentation damage occurred since last inspection? ®Yes [:]No If yes, where? Check all that apply below:
® Lake/natural water course on tract ❑ Lake/natural watercourse off the tract ❑ Other property
Description: sediment in stream from grading operation
Degree of damage: N Slight ❑ Moderate ❑ Severe
8. Contact made with (name): no one at site Title:
Inspection report ❑ given N sent ❑ faxed to person financially responsible. Date given or sent: with CNOV
9. Corrective actions needed: COMPLIANCE INSPECTION
1. Please provide an approvable and complete Sedimentation and Erosion Control Plan, a notarized Financially Responsible
Form (FRO), and correct fees to this office immediately.
2. Provide erosion and sediment control measures to retain erosion on your property. Please note that the silt fence is not
installed correctly.
3. Establish a buffer zone between your active clearing and grubbing and the stream sufficient to prevent erosion from
entering the stream.
10. Comments: An approvable Sedimentation and Erosion Control Plan has not been received by this office as of this date.
Please note that you have cleared and grubbed over one acre and requires an approvable Sedimentation and Erosion
Control Plan. Several large areas are being used to stockpile soils from another site. Silt fence has been installed but
incorrectly.
Reported by: Charlie"Wlial'ey'''
Date of inspection: 02/14/2007
cc:
Others present: Shelby Police Office Jefferies & Cox
Time arriving on site: 10:45 Time leaving site: 11:20

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State, Geologist William G. Ross Jr., Secretary
November 14, 2006
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
HAND DELIVERED VIA SHERIFF'S OFFICE
Mr. Kennon W. Fitch
2242 Hoey Church Road
Shelby, North Carolina 28152
RE: Project Name: 1919 Kings Road Lot Disturbance
Project ID: Not Yet Assigned
County: Cleveland
Compliance Deadline: November 27, 2006 or 5 days from receipt
Dear Mr. Fitch:
On October 18, 2006, personnel of this office inspected a project located on Kings Road, Shelby in
Cleveland County, North Carolina. This inspection was performed to determine compliance with the
North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land -
disturbing activity of approximately 1.2 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, G.S.
113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that
you are not responsible for the following violations, please notify this office immediately.
The violations that were found are:
1. Failure to file an erosion and sedimentation control plan with this office 30 or more days prior to
initiating any land -disturbing activity that will disturb more than one acre on a tract, failure to
secure this office's prior approval of the plan for any land -disturbing activity prior to beginning
the land -disturbing activity. G.S. 113A-54(d)(4), G.S.113A-57(4) and 15ANCAC 413.0107(c).
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 - Phone: [phone] / FAX: [phone] .

Notice of Violations
Kennon W. Fitch
November 14, 2006
Page 2 of 3
An Erosion and Sedimentation Control Plan has not been filed with this office for approval. The
land disturbing activity of approximately 1.2 acres being conducted without any approved plan.
2. Failure to take all reasonable measures to protect all public and private property from damage by
such land -disturbing activities. 15A NCAC 4B .0105.
Erosion and sediment control measures sufficient to retain.sediment on the property were not
installed.
3. Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine
visible siltation by natural or artificial means within the 25 percent of that portion of the buffer
zone nearest the land -disturbing activity. G.S. 113A-57(1).
A sufficient buffer zone has not been maintained. Sediment has entered into the small stream.
To correct these violations, you must:
1. An acceptable erosion and sedimentation control plan must be filed with and approved by this
office and implemented on the site. Until the required plan has been approved, temporary
measures must be provided immediately to control erosion, prevent sedimentation damage and
comply with all provisions of the Sedimentation Pollution Control Act and rules adopted
thereunder. Any additional land disturbing activities conducted without an approved erosion and
sedimentation control plan will constitute additional violations of the Act. Following our review
of the plan, this office will notify you that the plan has been approved, approved with
modifications or disapproved.
2. Provide erosion and sediment control measures sufficient to retain erosion on your site and out of
the creek.
3. Please provide a buffer such that sediment is retained within the first 25% of that buffer.
The violations cited herein may be referred to the Director of the Division of Land Resources
(Director) for appropriate enforcement action, including civil penalty assessments for an'initial one -
day violation and/or a continuing violation. The penalty for an initial .one -day violation may be
assessed in an amount not to exceed $5,000.00. The Division of Land Resources is not required to
provide a time period for compliance before assessing a penalty for the violations cited herein.
Please be advised that a civil penalty may be assessed for the violations regardless of whether the

Notice of Violations
Kennon W. Fitch
November 14, 2006
Page 3 of 3
violations are corrected within the time period set out below.
In addition, if the violations cited herein are not corrected within 5 days of receipt of this notice or
before November 27, 2006, whichever term is longer, this office may request that the Director take
appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 and
113A-64. A penalty may be assessed from the date of the violation, pursuant to NCGS 113A-
64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day.
Please be advised that any new land -disturbing activity associated with this proj ect should not begin
until the area presently disturbed is brought into compliance with the Act. When corrective actions
are complete, you should notify this office so that work can be inspected. You should not assume
that the project is in compliance with the Act until we have notified you. After installation, all
erosion control measures must be maintained in proper working order until the site is completely
stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same
time, it is your responsibility to understand and comply with the requirements of the Act. Copies of
the relevant statute and administrative rules may be examined at this office or will be sent to you
upon request. Should you have questions concerning this notice or the requirements of the Act
please contact either Charlie Whaley or me at your earliest convenience.
Sincerely,
Af
tS
ahid S. Khan
Regional Engineer
Land Quality Section
CW/ae
Enclosures: Sedimentation Inspection Report
Financial Responsibility Form
Erosion Control Plan Checklist
cc: State Sedimentation Specialist
Re_gie.nal WatersQuali yt 'S`-upervi—gar--

SEDIMENTATION INSPECTION REPORT
North Carolina Department of Environment and Natural Resources
Land Quality Section
610 East Center Avenue, Suite 301, Mooresville, NC 28115 [phone]
County: Cleveland Project: 1919 King Road Lot Disturbance River basin: Broad
Person financially responsible: Mr. Kennon W. Fitch Project #: not yet assigned
Address: 2242 Hoey Church Road, Shelby, North Carolina 28152
1. Project location: Kings Road Pictures: ®Yes [—]No ❑Prints ❑Slides []Video ®Digital
2. Weather and soil conditions: Overcast, 60's wet soils
3. Is site currently under Notice of Violation? ❑Yes ®No
4. Is site in compliance with S.P.C.A. and rules? ❑Yes ®No If no, check violations below
5. Violations:
®a. No approved plan, G.S. 113A-57(4) and 15ANCAC 04B .0107(c)
❑b. Failure to follow approved plan, 15A NCAC 04B .0113 ,
❑c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A NCAC 04B .0118(a)
❑d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A NCAC 04B .0107(b) or 15A NCAC 04B .0124(e)
❑e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
Of. Failure to take all reasonable measures, 15A NCAC 04B .0105
®g. Inadequate buffer zone, G.S. 113A-57(1)
❑h. Graded slopes and fills too steep, G.S. 113A-57(2) or
15A NCAC 04B .0124(d)
❑i. Unprotected exposed slopes, G.S. 113A-57(2)
❑j. Failure to maintain erosion control measures,
15A NCAC 04B .0113
❑k. Other (describe)
6. Potential NPDES permit violation? ®Yes []No Describe: See above
7. Has sedimentation damage occurred since last inspection? ®Yes ❑No If yes, where? Check all that apply below:
® Lake/natural water course on tract ❑ Lake/natural watercourse off the tract ❑ Other property (Initial Inspection)
Description: Property owner has built a dam across a small creek and allowed sediment to enter the creek
Degree of damage: ® Slight ❑ Moderate ❑ Severe
8. Contact made with (name): Ben Yarborough Title: City of Shelby Code Officer
Inspection report ❑ given ® sent ❑ faxed to person financially responsible. Date given or sent: sent with NOV
9. Corrective actions needed:
1. Please provide an approvable and complete Sedimentation and Erosion Control Plan to this office immediately.
2. Provide erosion and sediment control measures to retain sediment on your site.
10. Comments: A State 401 permit from DENR Surface Water may be needed due to the large amount of creek shoreline
you have disturbed. It appears that you are also mining soil from another lot for backfill at the creek. A haul road has been
installed which connects all disturbed areas together. Please note that if the area you are mining exceeds one (1) acre, a
mining permit may be required.
Please give the above action items your immediate attention. Failure to comply can result in possible fines of up to $ 5,000.00
per day.
...'"~..
Reported by: Charlie , Others present: Steve Kelly
Date of inspection: 10/18/2006 Time arriving on site: 09:00 Time leaving site: 10:20
cc: Alan Johnson,. SWQ-MRO

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
October 20, 2006
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 70012510 0004.8288 4949
RETURN RECEIPT REQUESTED
Mr. Kennon W. Fitch
2242 Hoey Chiiich Road
Shelby, North Carolina 28152
RE: Project Name: 1919 Kings Road Lot Disturbance
Project ID: Not Yet Assigned
County: Cleveland
Compliance Deadline: October 31, 2006 or 5 days from receipt
Dear Mr. Fitch:
On October 18, 2006, personnel of this office inspected.a project located on Kings Road, Shelby in
Cleveland County, North Carolina. This inspection was performed to determine compliance with the
North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land -
disturbing activity of approximately 1.2 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, G.S.
113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that
you are not responsible for the following violations, please notify this office immediately.
The violations that were found are:
I. Failure to file an erosion and sedimentation control plan with this office 30 or more days prior to
initiating any land -disturbing activity that will disturb more than one acre on a tract, failure to
secure this office's prior approval of the plan for any land -disturbing activity prior to beginning
the land -disturbing activity. G.S. 113A-54(d)(4), G.S. 113A-57(4) and 15A NCAC 413.0107(c).
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 o Phone: [phone] / FAX: [phone]

Notice of Violations
Kennon W. Fitch
October 20, 2006
Page 2 of 3
An Erosion and Sedimentation Control Plan has not been filed with this office for approval. The
land disturbing activity of approximately 1.2 acres being conducted without any approved plan.
2. Failure to take all reasonable measures to protect all public and private property from damage by
such land -disturbing activities. 15A NCAC 4B .0105.
Erosion and sediment control measures sufficient to retain sediment on the property were not
installed.
3. Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine
visible siltation by natural or artificial means within the 25 percent of that portion of the buffer
zone nearest the land -disturbing activity. G.S. 113A-57(1):
A sufficient buffer zone has not been- maintained. Sediment has entered into the small stream.
To correct these violations, you must:
1. An acceptable erosion and sedimentation control plan must be filed with and approved by this
office and implemented on the site. Until the required plan has been approved, temporary
measures must be provided immediately to control erosion, prevent sedimentation damage and
comply with all provisions of the Sedimentation Pollution Control Act and rules adopted
thereunder. Any additional land disturbing activities conducted without an approved erosion and
sedimentation control plan will constitute additional violations of the Act. Following our review
of the plan, this office will notify you that the plan has been approved, approved with
modifications or disapproved.
2. Provide erosion and sediment control measures sufficient to retain erosion on your site and out of
the creek.
3. Please provide a buffer such that sediment is retained within the first 25% of that buffer.
The violations cited herein may be referred to the Director of the Division of Land Resources
(Director) for appropriate enforcement action, including civil penalty assessments for an initial one -
day violation and/or a continuing violation. The penalty for an initial one -day violation may be
assessed in an amount not to exceed $5,000.00. The Division of Land_Resources is not required to
provide a time period for compliance before assessing a penalty for the violations cited herein.
Please be advised that a civil penalty may be assessed for the violations regardless of whether the

Notice of Violations
Kennon W. Fitch
October 20, 2006
Page 3 of 3
violations are corrected within the time period set out below.
In addition, if the violations cited herein are not corrected within 5 days of receipt of this notice or
before October 31, 2006, whichever term is longer, this office may request that the Director take
appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 and
113A-64. A penalty may be assessed from the date of the violation, pursuant to NCGS 113A-
64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day.
Please be advised that any new land -disturbing activity associated with this project should not begin
until the area presently disturbed is brought into compliance with the Act. When corrective actions
are complete, you should notify this office so that work can be inspected. You should not assume
that the project is in compliance with the Act until we have notified you. After installation, all
erosion control measures must be maintained in proper working order until the site is completely
stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same
time, it is your responsibility to understand and comply with the requirements of the Act. Copies of
the relevant statute and administrative rules may be examined at this office or will be sent to you
upon request. Should you have questions concerning this notice or the requirements of the Act
please contact either Charlie Whaley or me at your earliest convenience.
Sincerely,
Zahid S. Khan
Regional Engineer
Land Quality Section
C W/ae
Enclosures: Sedimentation Inspection Report
Financial Responsibility Form
Erosion Control Plan Checklist
cc: State Sedimentation Specialist
Regional Water Quality Supervisor

Cleveland Co., NC -- Printable Map
Page 1 of 1
T
N
Parcel No.: 25997
Parcel Address(es):
1919 KINGS RD
Parcel Owner:
FITCH KENNON W
2242 HOEY CHURCH RD
SHELBY NC 28152
Cleveland Co., NC
Parcels
Map:6-43 Block: 1 Lot: 16
Deed Reference: Bk. 1498 Pg. 1
Land Area: 4.350 acres
Tax Values for evaluation year 2007:
Building Value: $53,253
Land Value: $52,113
Total Value: $105,366
DISCLAIMER: The information contained on this site is furnished by government and private industry sources and is
believed to be accurate but accuracy is not guaranteed. Mapping information is a representation of various data sources
and is not a subsitute for information that would result from an accurate land survey. The information contained hereon
does not replace information that may be obtained by consulting the information's official source. In no event shall
Cleveland County, NC or the consultants of Cleveland County, NC be liable for any damages, director consequential,
from the use of the information contained on this site.
http://www.webgis.net Anderson & Associates, Inc. .http:/1www.andassoc.corn
http://arcims2.webgis.netlnc/cleveland/printable.asp?process=idl &x2=1252196.1485&y2=565358.... 3/9/2007

Cleveland Co., NC -- Printable Map
Page 1 of 1
Cleveland Co., NC
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Parcels
Parcel No.: 25991
Map: 6-43 Block: 1 Lot: 6
Parcel Address(es):
Deed Reference: Bk. 1423 Pg. 2125
2025 KINGS RD
Land Area: 2.179 acres
Parcel Owner:
Tax Values for evaluation year 2007:
FITCH KENNON W
Building Value:$113,476
2242 HOEY CH RD
Land Value: $30,093
SHELBY NC 28150
Total Value: $143,569
DISCLAIMER: The information contained on this site is furnished by government and private industry sources and is
believed to be accurate but accuracy is not guaranteed. Mapping information is a representation of various data sources .
and is not a subsitute for information that would result from an accurate land survey. The information contained hereon
does not replace information that may be obtained by consulting the information's official source. In no event shall
Cleveland County, NC or the consultants of Cleveland County, NC be liable for any damages, direct or consequential,
from the use of the information contained on this site.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims2.webgis.net/nc/ceveland/printable.asp?process=id 1 &x2=125273 0.192&y2=564849.... 12/5/2006

TopoZone - USGS Shelby (NC) Topo Map
Page 1 of 1
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Page I of 1
1919Kings Rd
Shelby NC
28150-6129US
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MapQuest: Maps
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1919 Kings Rd
Shelby NC
28150-6129 US
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Permit: Cta€Is., SOC:
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Owner: 'Fitch W Kennon t,4aintain... Incident: 200Fi03657 �etail�., Inspect Dt:
_ �___- __ �_�� E1' a�� �
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Comments: Court -ordered mediation by 9-14-07.
CentralOffice Login Date:
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'1 a CentralOffice Contact: Higgins Karen MRO sent continuing NOV on 3!4l09. Live staking need and head
cut needs to be stabilized.
Regional°Contact:
Enforcement Contact: -- "SalutationforLetter:
Penalty Assessed Date: 0412512007 Remission Request: . EMC Hearing Date:
Letter Date: 04125l2.0b7 Remission Acknowledged: Remission Amount:
Penalty Amount: $1 0000.00 Ent Cont Dater EMC Results Received:
Damages: ° . Remission
Amount: r
Enforcement Cost: $415.78 '� Enf. Conf: Letter Date: E � Z" I Petition in OAH' 05I11I2007
�-
' ` Total Case Penalty: $10415.76 Facility Rcvd. Enf. Conf. Ltr.:,�� Remission Amount:
1 a _ Facility Received F&D: 05l01l2007 Total.Amount Due_ $0.00 Case to Collection:
Response Due By: 05131l2007 Total-Amount-Paid:-($5415,78 Settlement Requested:
Case Closed:^'12! 612008�
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Michael F. Easley, Gol'e�nor I
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 27, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 00013494 6304
Mr. Dennis Conner, Owner
C&C Scrap Iron & Metal, Inc.
Post Office Box 549
Kings Mountain, North Carolina 28086
Subject: Notice of Violation
Violations of G.S. 143.215.1, 143.215.83, and
Stormwater Permit No. NCG200342
C&C Scrap Iron & Metal, Inc.
Cleveland County, N.C.
Tracking #: NOV-2006-OC-0030
Dear Mr. Conner:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of this Department to protect and preserve the water resources of
the State. The Division of Water Quality has the delegated authority to enforce adopted water pollution
control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation conducted
on June 9, 2006 by Ms. Polly Lespinasse and Mr. Wes Bell of this Office. As a result of this investigation,
the following conditions were found in violation of G.S. 143-215.1, 143.215.83, and Stormwater General
Permit No. NCG200342:
Soil contamination from the discharges of oil were observed at the storage areas for metal
clippings, engine blocks, and large pieces of machinery. Oil discharges/leakages from
equipment maintenance were also observed along the facility's driveway. The facility also
failed to comply with the conditions of the Stormwater General Permit No. NCG200342
by failing to perform the twice per year qualitative and facility inspections throughout the
term of the permit.
Please be advised that this report is being issued as a Notice of Violation (NOV) for the violations
of G.S. 143-215.1, 143.215.83, and Permit No. NCG080428. Be advised that pursuant to G.S. 143-
215.88A, any person who intentionally or negligently discharges oil or other hazardous substances, or
knowingly causes or permits the discharge of oil in violation of G.S. 143-215.83, or who fails to report a
discharge as required by G.S. 143-215.85, or who fails to comply with the clean up requirements of G.S.
143-215.84, shall incur, in addition to any other penalty provided by law, a penalty in an amount not to
�� exceed five thousand dollars ($5,000.00) for each such violation. Be advised that G.S. 143-215.6A one
�� provides for a civil penalty assessment of not more that twenty-five thousand dollars ($25,000.00), or No Carolina
4CDENR Naturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper

Mr. Dennis Conner
Page Two
June 27, 2006
twenty-five thousand dollars ($25,000.00) per violation, per day when the violation is of a continuing
nature, against any person who fails to abide by the conditions of the permit (G.S. 143-215.1).
To comply with the regulations it will be necessary to remove and properly dispose of the
contaminated soil and restore all affected areas as nearly as may be to the conditions existing prior to the
discharge. In addition, your facility must incorporate and abide by all required conditions of Permit No.
NCG200342.
It is requested that you respond in writing to this Notice indicating the remedial activities of the
contaminated soil and the actions you have taken to resolve the violations of Permit No. NCG200342.
Please address your response to Mr. Bell by no later than July 18, 2006.
Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Enclosure
cc: Cleveland County Health Department
WN

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST CENTER AVENUE/SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: Ju j e 912006
INVESTIGATED BY: Wes Bell and Polly Lespinasse TIME SPENT. 3.0 hours
PLACE VISITED: C&C Scrap Iron & Metal, Inc.
PHYSICAL LOCATION: 1537 Bethlehem Road, Kings Mountain/Cleveland County
RIVER BASIN: Broad
REASON FOR VISIT: Investigation regarding illegal discharges of oil.
COPIES TO: Cleveland County Health Department
On June 8, 2006, this office was referred a complaint from the Division of Air Quality
regarding oil being discharged onto the ground from the metal storage containers located at the
C&C Scrap Iron and Metal, Inc. business site in Kings Mountain/Cleveland County. Ms. Polly
Lespinasse and Mr. Wes Bell, both of this office, investigated the complaint on June 9, 2006.
Ms. Lespinasse and Mr. Bell met with Mr. Dennis Conner, Owner, at the business site.
Soil contamination was observed adjacent to the storage areas housing engine blocks, large
machinery parts, and metal clippings. The oils (including used motor oil, cutting oils, etc.) had
pooled on top of the contaminated soil in several areas. Note: These materials were being stored
directly on the ground. Soil contamination was also observed at a second storage area (metal
container) adjacent to Bethlehem Road. The bottom section of the metal container (also housing
metal clippings) was stained and appeared to be the origin of the oil discharge. In addition, the
driveway leading to the metal container had several oil stains resulting from equipment
maintenance/leakages. No direct discharges to surface waters were observed.
The Division issued Stormwater General Permit No. NCG200342 for this facility on
January 19, 2001 (effective date) with an expiration date of October 31, 2005. The facility had
developed a Stormwater Pollution Prevention Plan (SPPP); however, only annual qualitative
monitoring and facility inspections were performed (twice per year required). Annual analytical
monitoring was being performed according to permit requirements: however, the documentation
was not organized or readily available. Mr. Bell recommended that all documentation associated
with the facility's stormwater- permit be organized and kept in one file. Engineering Consulting
Services, Inc. was contracted by Mr. Conner for assistance in permit compliance.

Complaint Investigation.
Page Two
Ms. Lespinasse and Mr. Bell discussed the requirements of the facility's stormwater
permit and relevant environmental regulations pertaining to this incident. Mr. Bell recommended
a thorough review all requirements listed in the stormwater permit to ensure the SPPP is current
and being properly incorporated. In addition, Mr. Bell recommended the storage of metal
products containing any oils, greases, etc. be placed on an impervious surface with proper cover
to prevent stormwater and soil contamination. Mr. Conner was very courteous and helpful
throughout this investigation. A follow-up investigation by this office may be necessary to very
the facility's compliance status with the stormwater permit and the on -site remedial actions.

C&C SCRAP IRON & ME.rA�., INC.
P.O. Box 549 0
Kings Mountain, NC 28086-
Phone [phone] �+klUer f-F A
800-772-0357 f " -TUR - q
Fax [phone] L-S REVO 6FFi
LOVED
July 14, 2006
NCDENR
610 E. Center Av. Suite 301
Mooresville, NC 28115
Tracking # NOV-2006-OC-0030
Dear Mr Gleason
WATER WALITY SECTION'
SPECIALIZING IN.
Industrial Container Service
Textile Scrap Iron
New &Used Steel
In response to the complaints listed in your investigation report the following remedial
actions are being implemented.
Representatives from STAT and T & L Grading have visited our site and made plans to
remove soil from affected areas. Meanwhile the following remedial actions are being
taken
A. Motor blocks and machinery have been removed from contaminated area. Soil in the
affected area has been stabilized to prevent contamination from spreading. Preliminary
testing indicates shallow contamination.
B. Hydraulic oil discharge from equipment was from ruptured hose and not normal
equipment maintenance. Contamination was surface only but will still be removed.
C. Metal clippings containing cutting oils are being monitored more closely to assure that
they contain no free flowing oils. An enclosed building with oil containment is in the
design process for storage of clippings and motor blocks.
D. Discussed with ECS our responsibilities concerning our Stormwater permit. Records
will be organized and testing completed in a timely manner.
I w?_l keep you informed on the progress of these actions as they are completed.
Sincerely
Dennis Conner
President

O�O� W A T �9QG
O '<
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Don Jones, Co-owner
Jones & Sons Enterprises, Inc.
Post Office Box 979
Kings Mountain, North Carolina 28086
Dear Mr. Jones:
Michael F. Easley, Govern /
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 26, 2006
7003 2260 00013494 5147
Subject: Notice of Violation
Violations of G.S. 143-215.1 and
G.S. 143-215.83(a)'
Jones & Sons Enterprises, Inc.
Incident #: NOV-2006-DV-0033
Cleveland County, N.C.
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of this Department to protect and preserve the water resources of
the State. The Division of Water Quality (DWQ) has the delegated authority to enforce adopted water
pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation conducted
on June 9, 2006 by Ms. Polly Lespinasse and Mr. Wes Bell of this office. As a result of this- investigation,
the following conditions were found to be in violation of G.S.143-215.1 and 143-215.83(a):
Soil contamination (from oil discharges) was observed in the dirt
driveway/parking area and adjacent to the building (drum storage area).
The sink wastewater (from the shop area) was being discharged onto the
ground (via PVC pipe) behind the building.
Please be advised that this report is being issued as a Notice of Violation (NOV) for the violations
of G.S. 143-215.1 and 143-215.83(a). Be advised that pursuant to G.S. 143-215.88A, any person who
intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits
the discharge of oil in violation of G.S. 143-215.83(a), or who fails to report a discharge as required by
G.S. 143-215.85(b), or who fails to comply with the clean up requirements of G.S. 143-215.84(a), shall
incur, in addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand
dollars ($5,000.00) for each such violation. Be advised that G.S. 143-215.6A provides for a civil penalty
assessment of not more that twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars
($25,000.00) per day when the violation is of a continuing nature, against any person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any ore
e;��► damage to the surface waters of the State that may result from the unpermitted discharge. N"o�Carolina
NCDENR Naturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Mr. Don Jones
Page Two
June 26, 2006
To comply with the regulations, it will be necessary to cease the sink discharge immediately and to
collect and remove all of the contaminated soil, with all affected areas being restored as nearly as may be to
the conditions existing prior to the discharges.
It is requested that you respond, in writing, to this Notice, indicating your actions taken to cease
the sink discharge, collect and remove the contaminated soil, and restore all affected areas. Please address
your response to Mr. Bell by no later than July 17, 2006.
Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Attachments
cc: Trent Testa, Property Owner
Cleveland County Health Department
ON

NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST CENTER AVENUE/SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: J ne 9, 2006
INVESTIGATED BY: Wes Be 1 TIME SPENT: 3.0 hours
PLACE VISITED: Jones & Sons Enterprises, Inc.
PHYSICAL LOCATION: off Exit 5, I-85/Kings Mountain
RIVER BASIN: Cleveland
REASON FOR VISIT: Investigation regarding illegal discharges of wastewater and used motor
oil.
COPIES TO: Cleveland County Health Department
ONZIGINN
On May 1, 2006, this office was referred a complaint from the Division of Waste
Management's Hazardous Waste Section regarding illegal discharges of wastewater and used
motor oil (onto the ground) at the Jones & Sons Enterprises, Inc. business site in Kings
Mountain/Cleveland County. Ms. Polly Lespinasse and Mr. Wes Bell, both of this office,
investigated the complaint on June 9, 2006.
Ms. Lespinasse and Mr. Bell met with Mr. Don Jones, co-owner, at the business site.
Used motor oil had been discharged onto the ground/gravel adjacent to the building where
several drums were being stored. Several small areas of contaminated soil (from previous oil
leakages/discharges) were also observed in the dirt driveway/parking area. No surface waters
were affected.
Ms. Lespinasse and Mr. Bell confirmed that the sink wastewater originating from the
shop area was being discharged onto the ground (behind the building site). The building
(including shop area) did not have any floor drains and all domestic wastewater was
connected/disposed to the Roadside Truck Plaza WWTP (NPDES Permit No. NCO032867). No
surface waters were affected by the sink discharge.
Ms. Lespinasse and. Mr. Bell discussed the regulatory requirements associated with the
sink and Oil discharges observed at this facility. Mr. Jones was very courteous and'helpful
throughout this investigation. A follow-up inspection may be necessary by this office to ensure
the appropriate corrective actions have been initiated.

� JONES & SONS ENTERPRISES, INC.
POBOX979
KINGS MOUNTAIN NC 28086
Phone [phone] Fax [phone]
July 12, 2006
Department of Environment
And Natural Resources
Division of Water Quality
Surface Water Protection Unit
Attn: D. Rex Gleason
610 East Center Avenue/Suite 301
Mooresville, North Carolina 28113
Dear Mr. Gleason:
This letter is in response to your correspondence concerning the Notice of Violation at
our business location in Kings Mountain NC. Ref Incident #: NOV-2006-DV-0033.
We have taken action to correct the problems mentioned in the notice. The sink
discharge has been corrected by plumbing the sink water into the existing sewer line.
We have had M & M Waste Oil to come to our location and dispose of all oil drums on
the property. We have had the contaminated soil dug out and removed and have restored
all affected areas.
If you have further questions concerning the above mentioned situation, please call me at
980-329-6083 and I will be happy to discuss this with you further.
Jones & Sons Enterprises, Inc.

�0F wAT�9Q Michael F. E cy vemor
William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
j Alan W. Klimek, P. E., Director
Division of Water Quality
7003 2260 00013551 8579
April 12, 2005
-CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Walter Vess
CVC Equipment
316101d Stubbs Road
Cherryville, NC 28021
Subject: Notice of Violation
Incident No. 200500981
NOV No. NOV-2005-OC-0005
NCGS 143-215.75
Discharges of Oil
CVC Equipment
Cleveland County, NC
Dear Mr. Vess:
Enclosed is a copy of the,Complaint -Investigation .Report for the investigation conducted
.at 316 Old Stubbs Road by'Mr. Kent -Smith of this office relative to .a complaint of illegal
discharges -of oil. This office received the anonymous complaint on February 11, 2005.
North -Carolina- General Statute (NCGS) 143-215:83 prohibits the discharges of oil or other
hazardous materials into the waters or upon the lands of the State. NCGS 143-215.84 (a) and (b)
require that any person having control over the discharge must collect .and remove the discharge
and restore the affected area, as nearly as maybe, to the condition existing prior to the discharge.
NCGS 143-215.85 requires that every person owning or having control over oil or other
substances discharged in any circumstances, upon notice that such discharge has occurred, shall
immediately notify this Department. NCGS 143-215.88A allows for the assessment of civil
penalties not to exceed five thousand dollars ($5,000)-per violation per day in addition to any
other penalty required by law, for the violations of the "Oil Pollution and Hazardous Substance
Control Act".
NCarolina
oMural!
N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer Service
I-M-623-6748

Page 2
Mr. Vess
It is requested that a written response be submitted to this office by no later than
May 12, 2005 describing the clean up activities to be undertaken at the site. In responding
please direct your response to Mr. Smith.
The report should be self-explanatory; however, should you have any questions
concerning this report, please do not hesitate to contact Mr. Smith or me at 704-663-1699.
Sincerely,
D. Rex Gleason, P.E.
SurficeWater Protection Regional Supervisor

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
A�
JDA
NCDENR
REPORT OF: Illegal OR Discharge
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION
610 E. CENTER AVENUE SUITE 310
MOORESVILLE, NORTH CAROLINA 28115
DATE OF INVESTIGATION: 03-01-05
INVESTIGATED BY: Kent:SmitfflTTME SPENT: .2-1/2.Hours
PLACE VISITED: EVC Equipment
PHYSICAL LOCATION: 316 Old Stubbs Road, Cherryville, NC 28021
MAILING ADDRESS: 316 Old Stubbs Road, Cherryville, NC 28021
TELEPHONE #: [phone]
RIVER BASIN: Broad
PERSON CONTACTED: Walter Vess
REASON FOR VISIT: Investigate complaint made to this Office on 2-11-05.
COPIES TO: Cleveland,County Health Department
REPORT:
On 02-11-05 a complaint was made to this office stating that equipment from a mining
operation located at 316 Old Stubbs Road was leaking .oil onto the ground.
Mr Kent Smith of this office investigated CVC Equipment, located at 316 Old Stubbs
Road, and found equipment, such as a crane and a mobile air compressor, at the site that had
leaked small amounts oil onto the ground. No evidence was found of any intentional discharges
of oils.
A notice of violation will be sent to Mr. Walter Vess informing him of the "Oil Pollution
and Hazardous Substance Control Act" which prohibits the spilling of any oil onto the land or
waters of the State, and requires that any spillage be immediately cleaned up.

0 'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor -
October 5, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
%03 9A60 OWI 5550 121
Mr. Charles Ross
Ross and Son Used Cars
P.O. Box 344
Waco, NC 28169
Dear Mr. Ross:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: Notice of Violation
NCGS 143-215.75
Discharges of Oil
Ross and Son Used Cars
Cleveland County, NC
Enclosed is a copy of the Complaint Investigation Report for the investigation conducted at
Ross and Son Used Cars by Mr. Kent Smith of this office, regarding a complaint of an illegal
discharge of oil. This office received the anonymous complaint on August 18, 2004.
North Carolina. General Statute (NCGS) 143-215.83 prohibits the discharges of oil or other
hazardous materials into the waters or upon the lands of the State. NCGS 143-215.84 (a)
requires that any person having control over -the discharge must collect and remove the discharge
and restore the affected area, as nearly as may be, to the condition existing prior to the
discharge. NCGS 143-'215.85 requires that every person owning or having control over oil or
other substances discharged in any circumstances, upon notice that such discharge has occurred,
shall immediately notify this Department. NCGS 143-215.88A allows for the assessment of civil
penalties not to exceed five thousand dollars ($5,000) per violation in addition to any other
penalty required by law.
Mooresville Regional of One
NorthCarohna
610 E. Center Avenue, Suite 301, Mooresville, North Carolina 28115 Natmr�,Ilff
Phone: [phone] / FAX [phone] / Internet:: h2o.ennstate.ne.us
An Fniml 0nnnrMnifv/Aff'irtnnfiva Ar}inn Fmnkwar

Page 2
October 4, 2004
Mr. Ross
It is requested that a written response be submitted to this office by no later than
October 18, 2003 describing the clean up activities undertaken at the site. In responding
please direct your response to Mr. Smith.
The report should be self-explanatory; however, should you have any questions
concerning this report, please do not hesitate to contact Mr. Smith or me at 704-663-1699.
Sincerely
f) ,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION
610 EAST CENTER AVENUE SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Illegal Disposal of Used Motor Oil
DATE OF INVESTIGATION: 8-31-04
INVESTIGATED BY: Kent Smithck-�,
TIME SPENT: 5 Hours
PLACE VISITED: Ross and Son Used Cars
PHYSICAL LOCATION: Highway 150 in Waco, NC
MAILING ADDRESS: P.O. Box 344, Waco, NC 28169
TELEPHONE #: [phone]
PERSONS CONTACTED: Eddie Bucchanan- employee
REASON FOR VISIT: Investigate complaint made to this Office on 8-18-04
COPIES TO: Cleveland Co. Health Department
I:4M10911.1i�i
On 8-31-2004 a complaint was made to this office alleging that oil was being dumped
directly onto the ground at Ross and Son Used Cars.
Mr. Kent Smith of this office investigated the subject site and found that used motor oil
had been discharged onto the ground behind Ross and Son Used Cars, covering an area of
approximately 6'x 8'. Mr. Smith spoke with Eddie Buchanan an employee of Ross and Son
Used Cars and explained to him the violations and the cleanup that was necessary..
In light of Mr. Smith's investigation and findings of violations of North Carolina General
Statutes, a notice of violation will be issued.

OF WAb-u- 7F9
d
p1411::�`C
No�`1tCarolina
Naturally
Michael F. Easlc Governor
J
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
September 21, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Charles D. Winton
Kings Mountain Chevrolet
615 Broadview Drive
Kings Mountain, North Carolina 28086
Subject:
Dear Mr. Winton:
Alan W. Klimek. P. E. Director
Division of Water Quality
7003 2260 00013550 3582
Ad- ins- CC- 0009
Notice of Violation
Complaint Investigation
Oil on Ground
Incident # 200402079
Cleveland County, NC
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS)
authorizes and directs the Environmental Management Commission of this Department to
protect and preserve the water resources of the State. The Division of Water Quality has
the delegated authority to enforce adopted pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the
investigation conducted on September 20, 2004 by Barry Love of this Office. As a result
of this investigation, the following condition was found in violation of North Carolina
General Statute (NCGS) 143--215.83(a):
Oil stained soil was present beside the parking lot downgradient from the waste
oil/waste antifreeze tanks.
Be advised that pursuant to NCGS 143-215.88A, any person who intentionally or
negligently discharges oil or other hazardous substances, or knowingly causes or permits
the discharge of oil in violation of NCGS 143-215.83(a), or who fails to report a
discharge as required by NCGS 143-215.85, or who fails to comply with the clean up
requirements of NCGS 143-215.84(a), shall incur, in addition to any other penalty
provided by law, a penalty in an amount not to exceed five thousand dollars ($5,000.00)
for each such violation. You will be advised of any enforcement recommendation.
To comply with the regulations it will be necessary to cease all discharges
immediately and remove/clean up any spillage of oil/petroleum products that have
contaminated the land or waters of the state. It is requested that you respond, in writing,
N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

w
Mr. Charles D. Winton
Page two
September 21, 2004
to this Notice, indicating the actions you have taken. Please address your response to Mr.
Barry Love by no later than October 12, 2004.
Should you have any questions, please do not hesitate to contact Mr. Love or me
at [phone].
_Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Enclosure
cc: Cleveland County Health Department
BL
r

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: September 20, 2004
INVESTIGATED BY: Barry Love9*I—TIME SPENT: 3 hours
PLACE VISITED: Kings Mountain Chevrolet
PHYSICAL LOCATION: 615 Broadview Drive (just off of I-85 South at Exit 8)
MAILING ADDRESS: Kings Mountain Chevrolet
615 Broadview Drive
Kings Mountain, NC 28086
TELEPHONE #: [phone]
RIVER BASIN: Catawba
PERSON CONTACTED: Mr. Charles D. Winton — General Manager
REASON FOR VISIT: Used motor oil discharge from secondary containment during storm
events.
COPIES TO: Mr. Charles D. Winton — General Manager
Cleveland County Health Department
REPORT:
On September 14, 2004 this Office received a complaint concerning the discharge of used
oil from a secondary containment structure at Kings Mountain Chevrolet at 615 Broadview Drive
in Kings Mountain.
Mr. Barry Love of this Office investigated the complaint on September 20, 2004. Upon
arrival at the site the investigator spoke to Mr. Charles D. Winton (General Manager) and Mr.
Jim Burt (Service Manager) about the situation. Mr. Burt showed the investigator the used oil
M

and used antifreeze tanks and the containment area. Puddles of oil/antifreeze were present inside
the containment area and also outside of the containment on the paved parking lot. Neither tank
had a cap on it, and a funnel was in the used oil tank. The investigator followed the slope of the
parking lot down to the edge. Oil staining was present on some of the soil at the edge .of the
parking lot. The investigator advised Mr. Winton and Mr: Burt that the oil discharge was a
violation of North Carolina General Statutes and that measures should be taken immediately to
prevent further discharges and to clean up the oil that was present. A Notice of Violation is
being sent to Kings Mountain Chevrolet further explaining regulatory requirements.

OG W A 9 Michael F. Easley, Go or
William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
j Alan W. Khm&, P. E. Director
-� Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 3, 2004
CERTIFIED MAIL i M6 M f 5550 f f; a S—
RETURN RECEIPT REQUESTED
Mr. Bill M. Lail
L & L Auto Sales, Inc.
d/b/a L & L Auto Parts
P.O. Box 338
Grover, NC 28073
Subject: Notice of Violation
Incident #: 200401088
Tracking #: NOV-2004-DV-0019
Complaint Investigation
L&LAuto Parts
Unpermitted Discharge
Cleveland County, NC
Dear Mr. Lail:-
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes
and directs the Environmental Management Commission of this Department'to protect and
preserve the water resources of the State. The Division of Water Quality has the
delegated authority to enforce adopted pollution control rules and regulations.
On May 17, 2004 Mr. Barry Love of this Office, along with Mr. Bruce Parris of
the Groundwater Section of this Office, conducted a complaint investigation on your
property at 1019 Long Branch Road. Mr. Sam Lockridge and Mr. Marty Allen of the
Cleveland County Health Department also took part in this investigation As a result of
this investigation, the following condition was found at your business site in violation of
North Carolina, General Statute (NCGS) 143-215.1:
An illegal outlet was observed discharging oil and other automotive fluids onto the
ground from an upgradient concrete pad and drain. The concrete pad was covered with
oil and antifreeze. It ;is also our understanding that engines are washed with the
wastewater discharging through the drain. This is considered an illegal unpermitted
discharge.
Be advised that NCGS 143-215.6A provides for a civil penalty assessment of not
more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars
($25,000.00) per day when the violation is of a continuing nature, against any person who
is required but fails to apply for or to secure a permit required by NCGS 143-215.1. A
tuc,2211
y Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115
[phone] Customer Service
1-977-623-6748

Mr. Bill M. Lail
Notice of Violation
Page two
Penalties may also be assessed for any damage to the surface waters of the State that may
result from the unpermitted discharge. You will be advised of any enforcement
recommendation.
To comply with the regulations it will be necessary to cease all discharges
immediately and to seal the illegal outlet. It is also requested that you respond, in writing,
to this Notice, indicating the actions you have taken. Please address your response to Mr.
Barry Love by no later than June 17, 2004.
Should you have any questions, please do not hesitate to contact Mr. Love or me
at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Ms. Denese Stallings - Cleveland County Health Department
Mr. Bruce Parris — Groundwater Section
BL

JAMES B. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
NORTH CAROLINA DEPARTMENT OF 1
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 18, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Charles V. Webster
Super Kleen Car Wash
601 Chestnut Ridge Church Road
Kings Mountain, North Carolina 28086
Subject: Notice of Violation and Notice of
Recommendation for Enforcement
For Violation of NCGS 143-215.1
Control of Sources of Water Pollution
Super Kleen Car Wash
Hwy. 74 By-pass, Shelby
Cleveland County
Dear Mr. Webster:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS)
authorizes and directs the Environmental Management Commission of this Department
to protect and preserve the water resources of the State. The Division of Water Quality
has the delegated authority to enforce adopted pollution control rules and regulations.
- Enclosed please find a copy of a Complaint Investigation Report for the
fi
investigation conducted at the Super Kleen Car Wash (off Hwy. 74 by-pass in Shelby,
North Carolina) on November 16, 1999, by Mr. Roberto Scheller and Mr. Wes Bell of
this office. As a result of this investigation, the following conditions were found on the
property in violation of NCGS 143-215.1:
At the time of the investigation a dye test was conducted to determine if a
wastewater discharge was coming from the subject car wash. Results revealed
an unpermitted discharge of wastewater was entering the stormwater collection
system that flows from the Super Kleen Car Wash into Hickory Creek.
f
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

ppp-ppp-
Notice of Violation
Mr. Charles Webster
Page Two
You were subsequently contacted by telephone and informed that the illegal discharge from
the car wash needed to be ceased immediately. Measures should also be taken to clean up the
affected area. The stormwater collection system receiving the washwater flows into Hickory Creek
which is classified as a Class C water in the Broad River Basin.
Since the bypass is unpermitted you are in violation of NCGS 143-215. 1 (a); specifically, the
creation of an outfall for a wastewater discharge is a violation of NCGS 143-215.1(a)(1) and
violators are subject to penalties of up to $25,000 per day per violation. Penalties may also be
assessed, up to $25,000 per day per violation, for the damage to surface waters of the State that result
from the unpermitted discharge. This Office will be preparing a recommendation for enforcement
for the noted violations.
To comply with the regulations it will be necessary to immediately discontinue all
unpermitted discharges including removal of the outlet and undertake to collect and remove the
discharged substance and restore all affected areas as nearly as may be to the conditions existing
prior to the discharge.
It is requested that you respond, in writing, to this Notice, indicating the measures taken to
cease the discharge and to restore all affected areas, and also explain measures taken to prevent
future discharges. Please address your response to Mr. Scheller of this office by no later than
November 30. 1999. If you have information relating to the existing discharge that would mitigate
proposed enforcement, please include this in your response.
Should you have questions, please do not hesitate to contact either Mr. Scheller or me at
704/663-1699.
Sincerely,
r
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Mr. Marty Allen, Cleveland County Environmental Health
Mr. Harlow L. Brown, P.E., City of Shelby Utility Department,
rls

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: November 16, 1999
INVESTIGATED BY: .Roberto L. -5Scheller and Wes BellLvts
TIME SPENT: 3 Hours
PLACE VISITED: Super Kleen Car Wash
PHYSICAL LOCATION: Hwy. 74 By-pass and Dekalb St., Shelby
Cleveland County, North Carolina
MAILING ADDRESS: 601 Chestnut Ridge Church Road
Kings Mountain, North Carolina 28086
TELEPHONE #: [phone]
RIVER BASIN: Broad River
PERSON CONTACTED: Mr. Charles V. Webster
REASON FOR VISIT: Investigation of Illegal Discharge into Storm drain.
COPIES TO: Mr. Marry Allen, Cleveland County Environmental Health,
Mr. Harlow L. Brown, P.E., City of Shelby Utility Department,
REPORT:
On November 11, 1999, this Office received a report from the Cleveland County
Environmental Health Department of an illegal discharge of washwater coming from the Super
Kleen Car Wash at the corner of Hwy. 74 By-pass and Dekalb Street in Shelby, North Carolina.
This complaint was investigated by Mr. Roberto Scheller and Mr. Wes Bell on November 16,
1999. A dye test conducted at the time of the investigation confirmed the discharge of
washwater from the carwash. It was noted that the washwater is being discharged, via the
stormwater collection system, into Hickory Creek which is a Class C water in the Broad River
Basin.

PPP_PPP_
Complaint Investigation
Page Two
Mr. Charles Webster, the owner of Super Kleen Car Wash, was contacted by telephone
and informed that the illegal discharge from the carwash needed to stop immediately. Measures
should also be taken to clean up any areas affected by the discharge. ,
Mr. Webster will be issued a Notice of Violation (NOV) and be required to stop the
discharge and clean up the affected areas. Enforcement actions for the illegal discharge may also
be recommended. A follow-up investigation will be required to insure compliance.

Ott `._: �;;'�..t-•L.�'"
^`c�ii 601 Ch
Phone 704
xi T' 1
Y l� .?
November 23, 1999
clawkE t Wefow
3 Fax [phone] — Email [e-mail]
Mr. D. Rex Gleason, P.E.
North Carolina Department of Environment
and Natural Resources
919 North Main Street
Mooresville, North Carolina 28115
RE: Super Kleen Car Wash
Dear Mr. Gleason:
Thank you for your letter dated 11-18-99 and telephone contact regarding the circumstances at Super Kleen Car
Wash. Upon notice from you regarding this condition, the carwash was entirely closed down.
The city of Shelby requires the plumber to take the discharge line to the city sewer line. In this case this was across
a three lane road Due to these circumstances, it took longer to procure a plumber. On Tuesday, November 23,
1999, the wastewater discharge pipe was connected with the city's sewer system. The sewer tap permit is enclosed.
Again, thank you for your time and consideration on this matter.
Sincerely,
Claudius Victor Webster
c: File
Enclosure

: 11/11/1999 CITY OF SHELBY LOCATION:
: 09:57:25 WORK ORDER: 48363 CONSUMER:
:OUTING: CSO REQUEST DATE: 11/11/1999
REQUEST TIME:
'ERVICE LOC: 120440
LAME: SUPER CLEAN CAR WASH
ADDRESS: 222.EARL-RD REQUESTOR:
AREA LQC: INSIDE CTY
4TR METER # LOCATION
)11 S 2 2 2 2 ON EARL_ ST
)23 17273 ON EARL ST SIDE_
L23 12907 EARL RD SIDE
3AS 051997
CBM
120440
34755
FILE: _
CLOSE: _
COMPUTER:
READING
DATE:
11/01/1999
MULT KW
READ
READING
1
.0000
6412
.1
.0000
64775
1
.0000
22633
-0
.0000
0
REQUEST.: CUSTOMER PAID.THIS DATE.,FOR 4" SEWER SERVICE 500.00
�OMMENT: MR. WEBSTER 739-8513
dORK DONE AS REQUESTED:
ACTION:
METER REMOVED
METER INSTALLED
,EADINGS:
.EADINGS:
'OMMENTS:
)ATE -COMPLETED :
;OMPLETED BY:
** METER CHANGE **
MULT KW READING READING
MULT
KW READING READING
TIME: ONE CALL NOTIFIED:
f E�� : E
Nov 11999
SIZE/TYPE
SIZE/TYPE

FFvState of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AILTT4�M�A
DEHNR
DIVISION OF WATER QUALITY
November 18, 1996
Petroleum World, Inc.
Post Office Box 307
Cliffside, North Carolina 28204
Attention: Ms. Debbie Sailors
Environmental Director
Dear Ms. Sailors:
A review of
monitoring data
following permit
RE: Notice of Violation of Permit Conditions
Permit N° WQ.0008873 GW94007
Petroleum World, Inc.
Eaker's Grocery
Groundwater Remediation Incident N° 6931
Cleveland County, N.C.
the subject permit and your compliance
indicates that you are in violation of the
condition:
Permit Condition N° IV.2: Sampling of the referenced wells
on the schedule and for the constituents listed below:
SCHEDULE: Monitoring Wells MW-1, MW-2, MW-3, MW-4, MW-5,
WSW-6, WSW-7, WSW-8 shall be sampled every
February, May, August, and November.
CONSTITUENTS: EPA Method 504.1 MTBE
EPA Method 634 Water Levels
EPA Method 625 Xylenes
IPF
You are requested to submit the August groundwater
monitoring data for MW-5, WSW-6, WSW-7 and WSW-8 and all the
groundwater monitoring data for the May sampling event, which
must be received within 30 days of your receipt.of this letter or
an explanation of why you cannot comply. It should be noted that
919 North Main Street, N%ICAn
FAX [phone]
Mooresville, North Carolina 28115 Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 - 50% recycled/10% post -consumer paper

PV
Petroleum
Permit N°
Page Two
World, Inc.
WQ0008873 GW94007
the violations cited above and any additional documented
violations could result in the initiation of an enforcement
action by this Office in accordance with General Statute 143-
215.6A, which provides for a $10,000 assessment of civil
penalties for each violation. Each day that the violations
continues may be considered a separate violation.
Should you have any questions concerning this Notice,
contact Chuck Pippin at [phone], ext. 268.
Sincerely,
B. eith Overcash, P.E.
Regional Supervisor
cgp/eakers.nov
CC: JRex Gleason - Mooresville Water Quality Section
Bob Cheek - Permits and Compliance Unit, Raleigh
Peter Jordan - Shield Environmental Associates, Inc.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 22, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
N.C. DEPT. OF
ENVIRONMENT, Hilm.,pl
fir NATURAL
JUL 22 1996
LEONARD A. YELTON DIVISION OF R-TRERKENTAL &gf.IAG ilkr�
WHISPERING PINES REST HOME Mu%u MAI, OFFIDE
1056 COLLEGE AVENUE
SHELBY, NC 28150
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT
NPDES PERMIT NO. NCO063797
WHISPERING PINES REST HOME
CLEVELAND COUNTY
Dear Permittee:-
Payment of the required annual administering and compliance
monitoring fee of $450.00 for this year has not been received for the
subject permit. This fee is required by Title 15 North Carolina
Administrative Code 2H .0105, under the authority of North Carolina
General Statutes 143-215.3(a)(1), (la) and (lb). Because this fee was
not fully paid within 30 days after being billed, this letter initiates
action to revoko the subject permit, pursuant to 15 NCAC 2H .0105
(b)(2)(k)(4), and C.S. 143-215.1(b)(3).
Effective 60 days from receipt of this notice, subject permit is
hereby revoked unless the required Annual Administering and Compliance
Monitoring Fee is received within that time. Your payment should be
sent to:
N.C. Department of Environment, health, and Natural Resources
Division of Water Quality
Budget Office
P.O. Box 29535
Raleigh, NC 27626-0535
P.O. Box 29535, Nt
R
u
FAX [phone]
Raleigh, North Carolina 27626-0535 An Equal Opportunity/Affirmative Action Employer
Telephone [phone] - 50% recycles/10% post -consumer paper

Discharges without a permit are subject to the enforcement
authority of the Division of Water Quality.
If you are dissatisfied with this decision, you have the right to
request an administrative hearing within thirty (30) days following
receipt of this Notice, identifying the specific issues to be
contended. This request must be in the form of a written petition
conforming to Chapter 150B of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings, Post Office Drawer -
27447, Raleigh, North Carolina., 27611-7447. Unless such request for
hearing is made or payment is received, revocation shall be final and
binding. If you have any questions, please contact:
Mr. Keith Overcash, Mooresville Regional Supervisor, [phone].
S '_ -ly,
A. Preston Howard, Jr.
cc: Supervisor, Water Quality Permits and Engineering Unit
Mooresville Regional Office
County Health Department

Y
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Royster, President
Royster Oil Company
720 South Lafayette Street
Shelby, North Carolina 28150
Dear Mr. Royster:
�EHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 20, 1996
Subject: Notice of Violation
Melrose Drive Pump Station
Overflows
Cleveland County
This letter is in response to information we received from the
City of Shelby and the subsequent follow-up investigation.conducted
on May 10, 1996 by Mr. Michael Parker with this Office that a pump
station that you own located on Melrose drive had experienced
recent sewage overflows. According to City of Shelby Utility
personnel, the overflows occurred on or before April 9, 1996.
Specific violations of NCAC 2H .0219(h)(3)(A) and NCAC 2H
.0219(h)(5), (7), and (8) noted during Mr. Parker's site visit
include: No stand-by generator or dual power source, no audible or
visual high water alarm, access to the pump station was not
restricted (gate was unlocked), and there was no all-weather
roadway into the site. Although both pumps were observed to be
working, the control panel was in need of repair, and the
surrounding vegetation needed removal to allow for routine facility
maintenance. City utility employees also indicated to Mr. Parker
that they receive an unusual amount of calls from area residents
concerning problems related to the pump station.
In light of the on -going problems, it is requested that a
written response be directed to this Office by no later than June
4, 1996 detailing action taken to bring this facility into proper
operational condition and compliance with the above referenced
regulations (copy attached). The response should also indicate that
you have established a maintenance program, providing for
inspection of the station on a routine basis (at least weekly). A
maintenance log must be kept at the pump station to record action
taken, if any during the visits.
919 North Main Street, �� FAX [phone]
Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 - - 500k recycled/ 10% post -consumer paper

Mr. David Royster
May 20, 1996
Page Two
`It is also our understanding that this pump station serves a
small residential development that has recently been annexed by the
City of Shelby. If this is the case, you may want at some point to
consider relinquishing ownership of this facility to the City, at
which time they would provide operation and maintenance (but
probably only after the facility has been brought into compliance).
If you have any questions regarding this matter, please
contact Mr. Michael L. Parker or me at [phone].
Sincerely,
f `
ith Overcash, P.E.
Reg onal Supervisor
Attachment
cc: Thomas J. Shytle, Jr.
mlp
h:\gen\gltr.doc

- IDS
`yy OF sy�`
N.C. DPW. OF
1 �R q-4
CITY OF S H E L B 11W Y oiuis�a,!
O
BOX 207 - WASHINGTON AT GRAHAM ST. - SHELBY, NORTH CAROJLFIN�Ar28'1-`,`.t'E
5•
Mike Parker April 9, 1996
NCDEHNR
Division of Environmental Management
919 N.Main St., Mooresville, NC, 28115
Jamie Shytle
City of Shelby, Utilities Dept.
PO Box 207, Shelby, NC, 28150
Dear Mike:
This letter is a follow up to our telephone conversation on April 9, 1996.
Please find enclosed some photographs we took at the pump station located off Melrose Drive in
Shelby. As is evident in the photographs, the station was observed to be in a state of
deterioration, overgrown, and neither pump would operate.
The pump station is owned by Mr. David Royster. He had the station constructed to service a
small housing community that is located just South of town. The City utilities department does
not manage this station in any manner.
We request that measures be taken by your office to insure that this station is returned to good
working order and maintained to prevent overflows into the receiving waters.
Thomas J. hytle, Jr.
copy:
Don Rhom, Plant eng.

I
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 9, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ray Thomas
Thomas Petroleum Co.
Post Office Box 338
Shelby, North Carolina 28151
Subject: Notice of Violation
NCGS 143-215.75 - Oil Pollution
and Hazardous Substances Control
Thomas Petroleum Co.
1629 S. LaFayette St., Shelby,
Cleveland County, NC
Dear Mr. Thomas:
Chapter 143, North Carolina General Statutes (NCGS) directs
and authorizes the Environmental Management Commission of the
Department of Environment, Health and Natural Resources to protect
and preserve the water and air resources of the State. The
Division of Environmental. Management has the delegated authority to
enforce all pollution control laws and regulations.
On April 2, 1996, this Office received information that oil
had been released (discharged) from a bulk storage tank at the
subject facility. Fuel oil was discharged from a vent pipe on top
of a 25,000 gallon bulk storage tank and flowed down gradient from
the facility. The spill was dispersed from the site by rains that
occurred at the time of the spill. The oil spill�,traveled across
a field into a drainage ditch adjacent to South Dekalb Street. The
drainage ditch empties into an unnamed tributary of Hickory Creek.
Absorbent booms and pads were placed in the stream to absorb oil
from the water's surface. The absorbent materials appeared to be
effective in removing the oil. CBM Environmental Services, Inc. of
Charlotte, North Carolina was cleaning up the spill at the time of
the investigation.
Please be advised that failure to immediately notify_ this
Department of -the spill (discharge) and to immediately undertake to
collect and remove the discharge are violations of NCGS 143-215.85
N't
��
919 North Main Street,FAX [phone]
�
Mooresville, North Carolina 28115 CAn Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/10% post -consumer paper

Mr. Ray Thomas
April 9, 1996
Page Two
and 143-215.84(a),.respectively.
• To comply with the regulations, it will be necessary to
immediately discontinue all unpermitted discharges, undertake to
collect and remove the discharged oil, and restore all affected
' areas as nearly as may be to the conditions existing prior to the
discharge.
Be advised that, pursuant to NCGS 143-215..88A, any person who
intentionally or negligently discharges oil or other hazardous
substances, or knowingly causes or permits the discharge of oil in
violation of NCGS 143-215.83(a), or who fails to report a discharge
as required by NCGS 143-215.85, or who fails to comply with the
requirements of NCGS 143-215.84(a), shall incur, in addition to any
other penalty provided by law, a penalty in an amount not to exceed
five thousand dollars ($5000.00) for each such violation.
Penalties may also be assessed for damages to surface waters of the
State that may result from the unpermitted discharge. You will be
advised of any enforcement recommendation.
It is requested that you respond, in writing, to this Notice,
indicating the measures taken to collect and remove the discharge
and to restore all affected areas, and also any measures taken to
prevent future spills (discharges). Please address your response
to Mr. Roberto L. Scheller of this Office, by no later than April
24, 1996.
Should you have questions., please do not hesitate to contact
either Roberto Scheller, Rex Gleason (Water Quality Regional
Supervisor), or me at 704/663-1699.
Sincerely, ;
Wth Overcash, P.E.
Regional Supervisor
Enclosure
cc: Cleveland County Health Department
RS

L
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Linda Diane Long, Regional Manager
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jacob Whisnant,
City of Shelby
P.O. Box 207
Shelby, N.C. 28150
Dear Mr. Whisnant:
Nam
IDEHNFR
DIVISION OF ENVIRONMENTAL MANAGEMENT
July 21, 1995
Administrative Assistant
Subject: Notice of Violation
NCGS 143-215.1- Control of
Sources of Water Pollution
Illegal discharge of waste
water
Shelby Fire Department
Cleveland County, N.C.
Chapter 143, Article 21 of the North Carolina General Statutes
(NCGS) authorizes and directs the Environmental Management
commission of this Department to protect and preserve the water and
air resources of the State. The Division of Environmental
Management has the delegated authority to enforce adopted pollution
control rules and regulations.
On July 19, 1995, Mr. Samar Bou-Ghazale of this Office
conducted an investigation at the fire department station located
on 303 Charles Road in Cleveland County, N.C. During the
investigation evidence of an unpermitted wastewater discharge from
the washing of fire trucks was observed. This unpermitted
discharge is a violation of NCGS 143-215.1(a)(1).
To comply with the General Statutes pertinent to the illegal
discharges of wastewater, it will be necessary to immediately
discontinue the discharge from the washing operation until you have
connected the washing operation to the City of Shelby sewer system,
or obtained a permit for the construction and operation of adequate
wastewater treatment facilities from this agency.
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Jacob Whisnant
July 21, 1995
page 2
Pursuant to NCGS 143-215.6A, penalties of up to $10,000.00 per
day per violation may be assessed for the unpermitted discharges of
wastewater and any resultant violation of water quality standards
of the receiving stream.
It is requested that a written response be submitted to this
Office by no later than August 7, 1995 explaining action taken to
eliminate all discharges. Please address your response to Mr. Rex
Gleason, Water Quality Regional Supervisor, in this Office.
If you have any questions concerning this matter, please do
not hesitate to contact Mr. Bou-Ghazale, Mr. Gleason, or me at
[phone], or at the address shown on the letterhead.
Sincerely,
T- z2a��
eitBJ.h Overcash, P.E.
al Supervisor
cc: Cleveland County Health Department
SBG

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
PLACE VISITED: Shelby Fire Department
303 Charles Road
Cleveland County
DATE: July 19, 1995
RIVER BASIN: Broad River Basin
BY WHOM: Samar Bou-Ghazale -5-6&
TIME SPENT: 4 Hours
PERSONS CONTACTED: Mr. Jacob Whisnant, Administrative Assistant
REASON FOR VISIT: Wastewater discharge from fire trucks washing
COPIES TO: Cleveland County Health Department
REPORT:
On July 14, 1995 this Office received information from Mr.
Yates Mitchum concerning black water and soap in the creek coming
from the fire department on Charles Road.
On July 19, 1995, Mr. Samar Bou-Ghazale of this Office
visited the site to investigate the complaint. During the
investigation evidence of an unpermitted wastewater discharge
from the washing of fire trucks was observed. No unusual impact
was observed in the stream at the time of investigation.
However, a notice of violation will be issued to the Shelby Fire
Department for the illegal discharge of wastewater.
The complainant Mr. Mitchum refuses to give this Office his
address.

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Vivian Burke, Regional Manager
`ir Ap-
ID FE
DIVISION OF ENVIRONMENTAL MANAGEMENT
August 16, 1993
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dean D. Hendrick
955 Crawley Gin Road
Shelby, North Carolina 28150
Subject: Notice of Violation
Unpermitted Discharge of Animal
Waste into Surface Waters
Dean D. Hendrick Chicken Farm
Cleveland County, NC
Dear Mr. Hendrick:
This letter is in follow-up to an investigation conducted
on August 13, 1993 by Mr. G. T. Chen of this Office. The
investigation was in response to a complaint referred to this
Agency on August 11, 1993 by the Cleveland County Health
Department, regarding chicken waste being discharged into an
unnamed tributary to Mayne Creek from your farm.
The investigation revealed that chicken waste was
accumulated in a drive through loading area located adjacent to
the edge of a hilltop. When it rains, chicken waste is washed
downhill into the tributary.
North Carolina General Statute (NCGS) 143-215'.l(a)(1) makes
it unlawful to discharge waste to the surface waters of the State
without an appropriate permit. NCGS 143-215.1(a)(6) prohibits
any waste to be directly or indirectly discharged.into the waters
of the State in violation of water quality standards. Violation
of the above cited General Statutes subjects the violator to
civil penalties of up to $10,000 per day for each violation. It
is requested that all discharge be ceased immediately.
It is suggested that you contact the Cleveland County Soil
Conservation Service for developing a sound animal waste
management program to prevent similar incidents in the future.
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

. Dean D. Hendrick
Page Two
August 16, 1993
It is also requested that a written response be submitted to
this Office on or before August 31, 1993 advising of action taken
to correct the problem. Failure to comply with the above cited
General Statutes my result in an enforcement recommendation.
If you have any questions regarding this matter, please
contact Messrs. G. T. Chen, D. Rex Gleason, Water Quality_
Regional Supervisor, or me at [phone].
Sincerely,
Z) R-41 �
Brenda J. Smith, P. G.
Regional Supervisor
cc: Cleveland County Health Department
Cleveland County Soil Conservation Service
gtc