CCB0051_TerrySmith_CNOV_Tire Masters3927121

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Certified Mail #7018 3090 0001 2323 0690
Return Receipt Requested
Christopher and Kimberly Medford
Tire Masters
190 West Plaza Drive
Mooresville, North Carolina 28117
September 29, 2022
Subject: Continuing Notice of Violation (CNOV) – CNOV-2020-DV-0439
Unpermitted Discharge - N.C.G.S. 143-215.1 and Sedimentation of Stream – 15A NCAC
02B .0211 (12)
Coal Ash Structural Fill (CCB0051) Located at Tire Masters -
190 West Plaza Drive
Mooresville, Iredell County
Dear Mr. and Mrs. 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) and Division of Waste Management (DWM) have the delegated authority to enforce
adopted water pollution control rules and regulations. This Continuing Notice of Violation (CNOV) is a
follow up to the Notice of Violation (NOV) issued on September 29, 2020 because the violations outlined
in that NOV have not be rectified. This CNOV is intended to advise you of legal requirements under North
Carolina law.
The structural fill referenced above was constructed in part with approximately 55,000 tons of coal ash
from the Marshall Steam Station pursuant to requirements of the DWM rules in effect at the time contained
in 15A NCAC 13B .1700. The project began in September 1994 and was completed in August 1995 with
oversight by Duke Power. A closure certification was submitted by Duke Power to DWM on August 14,
1995. The area of the structural fill with the unnamed tributary piped beneath it is located on both the
property owned by Dawn Properties, LLC (Lot 3 of the Terry K Smith subdivision) and TIRE MASTERS,
INC. (Lot 2 of the Terry K Smith subdivision). The pipe is recorded in Plat Book 26 Page 1 with the Iredell
County Register of Deeds in a Public Drainage Easement (PDE) that was accepted by the Town of
Mooresville. The North Carolina Department of Transportation (NCDOT) acquired a portion of the TIRE
MASTERS, INC property, which contains a portion of the coal ash structural fill, to be used as a PDE for
future roadway widening project along Highway 150.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
The pipe that runs beneath the structural fill is a 78-inch corrugated metal pipe (CMP), which conveys both
a perennial stream and stormwater. A pipe inspection (October 2020) and engineer assessment (January
2021) were performed on the entire length of the 78-inch CMP beneath the coal ash structural fill. The
engineer concluded the pipe was improperly installed and is in poor condition (i.e., tears, bulges, buckling,
etc.) in various areas along the entire length of the pipe.
In July 2019, NCDEQ staff conducted a site visit/inspection and observed an area of the parking lot covered
with a tarp and tires. Mr. Medford indicated to staff that there had been significant subsidence of the asphalt
and was using the tarp and tires to protect/secure the area to keep vehicle traffic away from the area due to
stability concerns. In May 2020, NCDEQ staff was notified by Mr. Medford that a sinkhole had opened
exposing the coal ash used as structural fill on the TIRE MASTERS, INC. property. Mr. Medford made
repairs which consisted of filling the sinkhole with clean fill dirt and gravel. In September, the sinkhole
opened again and was repaired by backfilling with clean fill dirt/gravel. On September 17, 2020, the piping
structure in the area of the sinkhole completely collapsed/failed opening the sinkhole again. Measures were
taken to protect the area of the sinkhole from stormwater.
Due to the pipe failure beneath the coal ash structural fill as noted above, coal ash material and sediment
were released to an unnamed tributary to Lake Norman. The following laws and rules apply in this matter:
Pursuant to General Statute 143-215.1, a permit is required to make any outlets into the waters of the State.
15A NCAC 02B .0211 (12) states that “Oils, deleterious substances, or colored or other wastes: only such
amounts that shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any
designated uses.”
15A NCAC 13B .1713(b) Upon closure, an existing structural fill shall comply with the requirements of
G.S. 130A-309.222(a). For the purposes of this Rule, "final cover" as required in G.S. 130A-222(a)(1) shall
mean one of the following:(1) no less than 12 inches of compacted earth and an additional six inches of
soil capable of native plant growth on the surface;(2) an impervious surface such as concrete or asphalt;
or (3) a building or structure that does not allow infiltration of precipitation.
15A NCAC 13B .1713(c) Following closure, an existing structural fill shall be maintained to comply with
the requirements set forth in G.S. 130A-309.220(a)(1), (5), (6), (8), (9) and (11), except that the
requirements shall not retroactively apply to the design, construction, development, or operation of an
existing structural fill. An existing structural fill is subject to the groundwater quality requirements of 15A
NCAC 02L and the surface water quality standards set forth in 15A NCAC 02B.
15A NCAC 13B .1713(d) requires that “[f]ollowing closure, an existing structural fill shall comply with
following: (1) the landowner of the property where the existing structural fill is located shall not move or
change the property boundaries in a way that reduces the existing 25-foot buffer between the existing
structural fill and the property boundaries; (2) the landowner of the property where the existing structural
fill is located shall maintain the existing 100-foot buffer between the existing structural fill and any sources
of drinking water on land under the control of that landowner; and (3) final cover as defined in Paragraph
(c) of this Rule shall be maintained.”
Based on observations made by NCDEQ staff during numerous site visits, coal ash material/sediment has
migrated approximately 900-1,000 feet beyond the outfall across Highway 150 from the site making an
outlet to Waters of the State in violation of General Statute 143-215.1, as well as caused sedimentation of
the stream in violation of 15A NCAC 02B .0211 (12).
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
No later than November 10, 2022, you in addition to NCDOT, Town of Mooresville, Randy Marion, and
Duke Energy, shall collectively meet with the Department to discuss the various issues at the site.
You shall communicate your availability within 7 days of receipt of this letter (see contact information
below). You should be prepared to discuss the short-term need to immediately stabilize the sinkhole
area, removal of coal ash/sediment from the stream, as well as, the long-term need that is necessary to
repair or replace the pipe to stabilize the site and eliminate the discharge of coal ash/sediment and coal ash
leachate to waters of the State.
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. Charles Gerstell at [phone], or via email at [e-mail] or
[e-mail].
Sincerely,
Richard E. Rogers, Jr., Director Michael Scott, Director
Division of Water Resources Division of Waste Management
Cc: Sushma Masemore - Asst. Secretary for Environment, DEQ
Bill Lane – General Counsel, DEQ
Mike Ranck, DWR
Andrew Pitner, DWR MRO
Brandy Costner, DWR MRO
Ed Mussler, DWM Solid Waste
Jason Watkins, DWM Solid Waste
Charles Gerstell, DWM Solid Waste
WQROS Central Office Copy
Mark Stafford, NCDOT Division 12 Engineer
Randy Hemann, Town of Mooresville – Town Manager
Randall Marion, Dawn Properties, LLC, - Register Agent/Manager
Jessica Bednarcik, Duke Energy – Senior Vice President EHS and CCP