SDTF1803_NOD_20200724

North Carolina Department of Environmental Quality | Division of Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200

July 24, 2020

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Patterson Dawson
Mountain Creek Marina
7515 Stonewall Street
Sherrills Ford, NC 28673

SUBJECT: Notice of Deficiency
Mountain Creek Marina
SDTF-18-03
Catawba County

Dear Mr. Dawson:

On July 23, 2020, Connie S. Wylie, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, reviewed the submitted application for the permit renewal of
the above referenced facility for compliance with North Carolina solid waste statutes and rules.
The following violation was noted:

A. 15A NCAC 13B .837(c)(10) To apply for a permit to operate a septage detention
facility the applicant shall submit the following information to the Division: written
authorization to operate a septage detention or treatment facility signed by each
landowner (if other than the permit holder) or the landowner’s legal representative.

On January 7, 2020 Mr. Dawson of Mountain Creek Marina received by certified mail
a letter which notified him that the permit for SDTF-18-03 would expire on May 20,
2020 and what items were needed to renew the permit. A renewal application was
received in May 2020, but as of this date no landowner’s authorization form has
been received by this office although Mr. Dawson has been informed of the
requirement for this form. The authorization form on file expired May 20, 2020 so
there is no current consent from the landowner for this septage detention facility.

North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
Mountain Creek Marina
Notice of Deficiency
Page 2 of 3
July 24, 2020

The above violation may have or can compromise the facility’s ability to ensure protection of the
public health and the environment and thus require remedial action on behalf of the facility in
order to maintain compliance with 15A NCAC 13B .0837(c)(10). In order to resolve this issue,
Mountain Creek Marina must take the following actions:

1- Submit to this office by August 14, 2020 a completed, signed and notarized landowner’s
authorization form indicating a period of time with a start date. Enclosed is a blank form.

2- If the permit applicant wishes to permanently close out the permit for this facility,
please submit the enclosed cease operation form.

The violation listed above were observed by Section staff and require action on behalf of the
facility in order to come into or maintain compliance with the Statutes, Rules, and/or other
regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22,
an administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid
Waste Laws, Regulations, Conditions of a Permit, or Order under Article 9 of Chapter 130A of the
N.C. General Statutes. Further, the facility and/or all responsible parties may also be subject to
enforcement actions including penalties, injunction from operation of a solid waste management
facility or a solid waste collection service and any such further relief as may be necessary to
achieve compliance with the North Carolina Solid Waste Management Act and Rules.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection to verify that the facility has completed the requirements of this Notice of
Deficiency.

If you have any questions please contact me at 910-433-3352 or e-mail [e-mail].

Sincerely,

Connie S. Wylie
Environmental Program Consultant
Division of Waste Management - Solid Waste Section

North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
Mountain Creek Marina
Notice of Deficiency
Page 3 of 3
July 24, 2020