HomeMy WebLinkAboutNCG210476_Enforcement Memo_IsaiahReed_20190731ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
Memorandum:
TO:
FROM:
PREPARED BY:
SUBJECT:
NORTH CAROLINA
Environmental Quality
August 13, 2019
Annette Lucas - Stormwater Program Manager
Stan Aiken
Asheville Regional Office
Isaiah Reed
Enforcement Recommendation
Smokey Mountain Pallet, Inc
Enclosed is an enforcement recommendation package for Smokey Mountain Pallet, Inc, 99 Old Patton
Cove Road, in Buncombe County, North Carolina.
• This recommendation is for violations of-
0 15A NCAC 02H .0126 STORMWATER DISCHARGES
o G.S 143-215.1. Control of sources of water pollution; permits required.
• DEMLR has no record of past violations for Smokey Mountain pallet within the past 5 years.
• DEMLR has no record that the violations were committed willfully or intentionally. However, the
previous Notice of Violation dated April 24, 2019 was received on May 6, 2019 (certified mail
confirmation) which shows that they have been aware of the violation.
• DEMLR Enforcement Costs:
RO STAFF INSPECTOR 5 hours @ $21.77 $108.86
RO SUPERVISOR 1 hours @ $39.56 $39.56
Central Office Review and Processing $100.00
Total $148.42
D Q
�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH OAROLINA
o.p.Ma&W.— WMARY 919.707.9200
Enforcement Recommendation Memo
Smokey Mountain Pallet, Inc
Page 2 of 3
DEMLR Timeline of Events
DATE
DESCRIPTION
April 9, 2019
Isaiah Reed conducted a site inspection or site visit.
DEMLR observations revealed discharges of stormwater to the surface waters of
North Carolina.
Waterbodies receiving stormwater from the facility include:
1) Patton Cove Creek, a Class C waterbody in the French Broad River
Basin.
2) An unnamed tributary of the Swannanoa River, a Class C waterbody in
the French Broad River Basin.
April 24, 2019
Notice of Violation (hereby known as NOV) was issued to Smokey Mountain
Pallet, Inc.
May 6, 2019
DEMLR records indicate that the NOV was delivered (certified mail
confirmation)
August 2, 2019
The Notice of Recommendation for Enforcement Action (hereby known as
NORE) was issued to Smokey Mountain Pallet, Inc. On August 2, 2019
August 5, 2019
DEMLR records indicate that the NORE was delivered (certified mail
confirmation
As of Date
The status of the facility is that a Notice of Intent has not been submitted for
the facility, and a written response has not been received by the Asheville
Regional Office.
Enforcement Recommendation Memo
Smokey Mountain Pallet, Inc
Page 3 of 3
Overall Map showing Picture Locations
Enforcement Recommendation Memo
Smokey Mountain Pallet, Inc
Page 4 of 3
Individual Photographs
-71
Photo 1) Industrial activity area. Taken looking North From between Pallet staging area.
Enforcement Recommendation Memo
Smokey Mountain Pallet, Inc
Page 5 of 3
Photo 2) Stockpiles of grinded up pallet waste immediately adjacent to the Unnamed Tributary on the East Side
of the Facility.
Enforcement Recommendation Memo
Smokey Mountain Pallet, Inc
Page 6 of 3
Photo 3) Showing where grinded pallet waste is stored immediately adjacent to the unnamed tributary on the
East side of the facility.
Enforcement Recommendation Memo
Smokey Mountain Pallet, Inc
Page 7 of 3
Photo 4) Showing where stormwater from the facility enters a storm drain north of the east side of the facility.
Enforcement Recommendation Memo
Smokey Mountain Pallet, Inc
Page 8 of 3
Photo 5) Showing where stormwater from the facility enters Patton Cove Creek on the West side of the facility.
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