CCB0051_TerrySmith_DWRNOV_20200928

Certified Mail # 7018 3090 0001 2328 4358
Return Receipt Requested
September 29, 2020

Christopher and Kimberly Medford
Tire Masters
190 West Plaza Drive
Mooresville, North Carolina 28117

Subject: Notice of Violation (NOV) – NOV-2020-DV-0439
Unpermitted Discharge - N.C.G.S. 143-215.1
Duke Energy – Structural Fill (CCB0051) Located at Tire Masters -
190 West Plaza Drive
Mooresville, Iredell County

Dear Mr. and Ms. Medford,

Chapter 143, Article 21 of the North Carolina General Statutes, authorizes and directs the Environmental
Management Commission 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. This Notice of Violation (NOV) is a standard notification intended to advise you of legal
requirements under North Carolina law.

The structural fill referenced above was constructed with coal ash from the Marshall Steam Station in
accordance with requirements of the Division of Waste Management’s (DWM) rules contained in 15A
NCAC 13B .1700. The site is located on the Tire Masters property which is currently owned by Mr. and
Ms. Medford. The property was originally owned by Mr. Terry Smith. It was developed using
approximately 55,000 cubic yards of coal ash as structural fill and was constructed by Duke Power. The
project began in September 1994 and was completed in August 1995.

DWR initially inspected the site on June 27, 2018 and at the time of inspection there were no issues or
concerns observed. On July 17 and 18, 2019, DWR conducted another site visit after noticing an area of
the parking lot with what appeared to be a tarp and tires covering it. Mr. Medford indicated that there had
been significant subsidence of the asphalt in the area and was using the tarp and tires to protect/secure the
area to keep vehicle traffic away from it due to stability concerns. DWR also inspected the stream
downgradient of the fill site and at the time of the inspection there was no indication based on visual
observation that coal ash material or sediment had migrated from the site. On May 26, 2020, Mr. Medford
notified DWR that a sinkhole opened up in the area of subsidence. Both DWR and DWM conducted a site

visit/inspection on May 26, 2020, and observed that a sinkhole had opened up exposing the coal ash used
as structural fill. DWR/DWM inspected the stream and at the time of inspection did not visually observe
coal ash material or sediment in the stream. The sinkhole likely opened up due to a significant rain event
and the water level in the stream was much higher than normal. Mr. Medford made repairs to the sinkhole
area, which consisted of backfilling the sinkhole with clean fill dirt. On September 8, 2020, DWR was
notified again by Mr. Medford that another sinkhole had opened up in the same area as previously observed.
DWR conducted a site inspection and visually observed the sinkhole and exposed coal ash material. The
stream was also inspected and at the time of inspection coal ash material was visually observed in the
stream. Mr. Medford again made repairs to the sinkhole area by backfilling with clean fill dirt and adding
measures to protect the area from storm water. An additional site visit was conducted on September 10,
2020, by DWR/DWM to confirm necessary repairs were made and to inspect the stream again to confirm
the presence of coal ash material. On September 17, 2020, DWR was notified by Mr. Medford that the area
of the sinkhole completely collapsed during a significant rain event. DWR and DWM have conducted
multiple site visits and continue to monitor site conditions.

Based on observations documented during the September 8, 2020 and September 10, 2020 site visits and
subsequent failure on September 17, 2020, it is apparent that coal ash material and sediment migrated from
the site making an outlet to waters of the state in violation of General Statute 143-215.1.

Pursuant to General Statute 143-215.1, a permit is required to make any outlets into the waters of the State.
Title 15A NCAC Subchapter 02L .0106(b) also requires that “Any person conducting or controlling an
activity that results in the discharge of a waste or hazardous substance or oil to the groundwaters of the
State, or in proximity thereto, shall take action upon discovery to terminate and control the discharge,
mitigate any hazards resulting from exposure to the pollutants and notify the Department, as defined in 15A
NCAC 02C .0102, of the discharge.”

Immediate corrective action measures are necessary to address the integrity/stability of the coal ash
structural fill and cease the discharge from the site. Coal ash material/sediment that has accumulated in the
stream due to the pipe failure must be removed. Approximately 300 feet of the unnamed tributary to Lake
Norman, beginning at the outfall of the box culvert shall be restored to its natural condition. The 78-inch
corrugated metal pipe, which conveys an unnamed tributary to Lake Norman beneath the site, should be
inspected in its entirety using a camera to determine the condition and structural integrity of the pipe beneath
the structural fill. The area of the sinkhole must be repaired immediately. Other areas may need to be
addressed based on findings from the pipe inspection.

No later than October 15, 2020, the responsible party noted above shall submit to the Division of Water
Resources plans detailing proposed activities for removal of coal ash material/sediment from the stream,
addressing the sinkhole area to eliminate the discharge from the site, and assessing integrity of the 78-inch
CMP beneath the structural fill. Proposed plans should include a plan to address the short-term need to
immediately stabilize the sinkhole area, plan to address the long-term need that is necessary to repair the
pipe to stabilize the site and eliminate the discharge from the site, and an estimated timeline for
implementation of each activity listed above.

Failure to comply with the State’s rules in the manner and time specified may result in the assessment of
civil penalties and/or the use of other enforcement mechanisms available to the State.

We appreciate your attention and prompt response in this matter. Should you have any questions
concerning this investigation and/or letter, please do not hesitate to contact Mrs. Brandy Costner at (704)
235-2185 or Mr. Andrew Pitner at [phone], or via email at [e-mail] or
[e-mail].

Sincerely,

Andrew H. Pitner, Assistant Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ

cc: Danny Smith, Director, Division of Water Resources
Jay Zimmerman, Section Chief - WQROS, Division of Water Resources
Rick Bolich, Section Chief – Groundwater Resources, Division of Water Resources
Michael Scott, Director, Division of Waste Management
WQROS Central Office Copy