NCS000349_NOV-2024-PC-0448_20240716

STATE `
ROY COOPER
Governor
ELIZABETH S.BISEF2
SecretaryF1aysu3�fif
ILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interior Director Environmental Quality
July 16, 2024
CERTIFIED MAIL 7019 1 120 0002 0066 3569
RETURN RECEIPT REQUESTED
Curtis Whitaker, Manager
NC Agra Energy Center, LLC
4 Whitewater Trail
Atlanta, GA 30327
Subject: Notice of Violation NOV-2024-PC-0448
Failure to Submit Permit Application
NC Agra Energy Center, LLC
NPDES permit NCS000349
Robeson County
Dear Permittee:
Per the terms of your NPDES permit found in Part III Section B. 1., you are required to submit a
renewal application at least 180 days prior to expiration, and in Part III Section A. 8.,you are
required to provide information to the Division when requested. The current permit expired on
January 31, 2024 and a renewal application was due on August 4, 2023. On March 14, 2024, the
Division sent an information request as the permit renewal application for stormwater permit
NCS000349 had not been received. The Division followed up on this request on April 18th, April
261h, May loth, May 21", May 30th, and June 27th of 2024.
Our records indicate that as of the date of this letter,the permit renewal application has not been
received. Failure to provide requested information to the Division is a violation of the terms of
your permit, subjecting you to a possible assessment of civil penalties.
The following permit condition violations are noted:
Part III. Section B. 1. Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit forms
and fees as are required by the agency authorized to issue permits no later than 180 days prior to
the expiration date, unless permission for a later date has been granted by the Director. (The
Director shall not grant permission for applications to be submitted later than the expiration date
of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least
180 days prior to expiration, or any permittee that does not have a permit after the expiration and
has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement
procedures as provided in NCGS §143- 215.36 and 33 USC 1251 et. seq.
North Carolina Department of Environmental Quality 1 Div.sion of Energy,Mineral and Lark!Resources
512 North Salisbury Street 1 1612 Mail Service ce Center ( Raleigh,North Carolina 27699-1612
ig
EtsLrranmHn ,'puRli�s 919.7019200

Page 2 of 2
Part III. Section A. 8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the permit issued pursuant to this individual permit or to determine compliance with
this individual permit. The permittee shall also furnish to the Director upon request, copies of
records required to be kept by this individual permit.
Based upon the above facts,I conclude as a matter of law that NC Agra Energy Center, LLC
violated or failed to act in accordance with the requirements of NPDES Permit NCS000349 and
G.S. 143-215.1(b). A civil penalty of not more than $25,000.00 per violation may be assessed
against a person who fails to file, submit, or make available any documents, data, or
reports required by G.S. 143-215.1(b). The State's enforcement costs in this matter may be
assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143-282.1(b)(8).
In order to reduce the risk of receiving additional enforcement action,you must submit the
requested information within ten (10) days of receipt of this notice.
Please ensure that the requested information is sent to the Division. A review of your response
will be considered and you will be notified of any civil penalties that may be assessed regarding
these violations. If no response is received in this Office within the 10 day period, a civil penalty
may be assessed.
If you have any questions about this letter, please contact Brianna Young at 919-707-3647 or via
e-mail at [e-mail].
Sincerely,
Michael Lawyer, Stormwater Program Supervisor
Division of Energy, Mineral, and Land Resources
cc: NPDES Stormwater Program Files (Laserfiche)
Fayetteville Regional Office
Toby Vinson, Interim Director, DEQ DEMLR
David Shaffer, Minefull Carbon
Stephen Coates