NC0045365_Regional Office Historical File Pre 2018

FILE
CERTIFIED MAIL #: 7015 1520 0002 8376 2050
RETURN RECEIPT REQUESTED
July 11, 2019
Mr. Steve Sifford
Sifford Oil Company
6130 Highway 152 E.
Rockwell, NC 28138
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2019-OC-0002
Illegal Discharge of Petroleum Product (diesel fuel)
Sifford Oil Company
Rowan County
Dear Mr. Sifford:
On May 16, 2019, Barry Love with the Division of Water Resources, Mooresville Regional Office visited the subject
site to investigate a diesel fuel spill that had'occurred that morning. The spill was due to overfilling of a tank at the
subject facility and the containment drain having been left open allowing a discharge to the ground and ultimately
to an unnamed tributary to Second Creek. It was reported that approximately 300 to 600 gallons had been
released from the tank. Upon arrival, the investigator observed the diesel fuel in the creek and followed it down to
the point where a small dam had been built and absorbent pads placed in the creek. Zebra Environmental arrived
on scene and began remediation procedures immediately. Rowan County-Hazmat had responded earlier to get the
situation under control'.
You are hereby advised that the discharge of oil or other hazardous substances onto the lands or into the waters of
the State is a violation of North Carolina General Statute (NCGS) 143-215.83(a). You are also advised that anyone
violating the previously referenced statute "...shall immediately undertake to collect and remove the discharge and
to restore the area affected by the discharge as nearly as may be to the condition existing prior to the discharge...",
per NCGS 143-215.84(a). The enforcement options available to the Division for violations of the abovementioned-
statutes are found at NCGS 143-215.88 A and B, and include civil and/or criminal penalties. The civil penalties for
the violations may be as high as $5,000 per day per violation.

It is apparent that remedial actions were immediately taken to correct the above noncompliance. This office was
informed that a report was to be completed by Pyramid Environmental and submitted to the UST Section. -Please
also submit a copy to the Division of Water Resources at this office, so that we may document that the situation has
been adequately resolved.
If you have any questions, please do not hesitate to contact Barry Love with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
DocuSigned by:
AUCC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section

FiLE
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Richard R. Burris
7325 East NC 152 Hwy
Rockwell, NC 28138
Dear Mr. Burris:
Charles Wakild, P. E.
Director
May 15, 2012
Subject: Unpermitted Wastewater Discharge
Incident No 201200875
Dee Freeman
Secretary
Notice of Deficiency NOD-2012-DV-0001
7325 East Hwy 152, Rockwell, NC
Rowan County
This office received notification from the North Carolina Department of Transportation
(NCDOT) staff that a pipe exists which can discharge wastewater to the right-of-way ditch from
your property located on Hwy 152. On May 15, 2012, Ms. Barbara Sifford with this office
visited this address and observed that this pipe does exist. Only stormwater can be discharged
from your property without treatment.
Please be advised that wash water is defined under NC GS 143.215 as wastewater and
must be properly disposed of through an approved treatment system. A civil penalty assessment
of up to $25,000 per day per violation may be assessed to the violator for such discharges.
In order to eliminate this unpermitted discharge, you are advised to contact the Rowan
County Department of Environmental Health, whose staff can advise you on the approval
process that may be necessary to connect this wastewater to your existing septic system.
You are directed to respond to this letter in writing within 30 calendar days of receipt of
this Notice. Your response should include when you plan to correct the deficiency found at your
residence. Thank you for your attention to this matter. This Office requires that the violations as
described be properly resolved. Unresolved violations may lead to the issuance of a Notice of
Violation and/or assessments of civil penalties.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] t FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.%q
One
NorthCarohna
Natmally
An Equal Opportunity! Affirmative Action Employer

.p
Burris
May15, 2012
Page 2 of 2
If you have any questions regarding this matter, please contact Ms. Sifford at 704-235-
2196 or myself at 704-235-2176 or rob.krebs(2ncdenr.g_ov.
Sincerely,
06160118NIm- IT
Regional Supervisor
Division of Water Quality
Cc: Rowan County Department of Environmental Health
Bob Holman NCDOT 9th Division Rowan County
MRO Complaint Rowan Co.
DWQ Central Files

PPPFrFrom:R0WAN
42Q12 MAINT. 7046397622 DA46 07;--'-%44I��.002/003
MAY 0- 20112
NCDOT NFDES PERMIT H1GIlWA,Y STORTvTV ATER PROGRAM -- {�
4 xt,� ' tVr L. it r61r�. ll.i_ L E I'( }. G 0s ',?AL OFFICE
ILLICIT DISCHARGE DETECTION AND EI.JI 114ATION PROGkAM DATE:
FIELD REPORT (FORMALLY ILLICIT CONNECTiON & ILLEGAL DISCHARGE) 4-1 7--/�--
Instructions: A Dt7T supervisory personnel shall investigate, fill in date above, complete information below, and forward -
it to Roadside Environmental Unit - Environmental Operations Section. Telephone Number: [phone]; Milling
Address; NCDOT Roadside Environmental Unit, 1557 Mail Service Center, Raleigh, NC 27899-1557; Fax: [phone]
Pollution Source Qbserved By: a NCDOT Personnel ElNCbOT Contractor ❑ Adopt-A••Nighway
C�ta Identified: �¢-1 `^ ! 1r --- E General Public, Name & Phone:
Dotes from Reponsr:
Investigator Name,
Information: (Last) (Fi&)
Phone: 7i94_71 ..9 9- 7jt a�. Agency: .PN .,.._ Position:
Location: NCDOT Division: - ,-County: JI&Wau City;
Highway or Site: /,"�"��, Nearest Intersection or u Post: Sjj?w S r'R, _RAI
Specific Location Info.: �,G j
-Wes-
-7
Latitude Longitude (optional) , 44��j �-� m i —�
Type of Stormwater Structure with Illicit Connection or Illegal Dumping (Check One):
K Ditch (Size, Type) ❑ Pipe (Size, Type) [� Catch Basin
❑ Manhole ❑ Grated Inlet ® Other: �- q
Physical Observations; d Dump Discharge � Flow: Yes � ❑ No
Odor: ❑ sewage XRotten Eggs CI Fishy ❑ skunk Vegetation Condition (If applicable):
❑ Petroleum 0Other: ❑None [Normal 12 Excessive Growth ❑ Inhibited Growth
Color. 0 Black Q Brown ❑ Yellow ❑ Green
Q White it Other:
Appearance: ❑ Oily sheen _ [] sewage Chemleal
Petergent ❑ Other:
Comments: .Jram.,, 1nr7JJ#Z'-" R
Land Use:
Residential ❑ commercial ❑ Industrial ❑ Rural
Source: WrReeldentlal Q Sanitary Sewer Q Spill Release
0 Commercial/Industrial d other:
FO ROADSIDE ENVIRONMENTAL UNIT STAFF USE ONLY
Date Received: _ Processed By: �,ve
- 9 (Last) (First)
Forward Report to NGDENR-DWQ: ❑ Yes; Date: Whom:
0 No; Why Not?
Database ID Number: - � arJ 3� S River Basin: '�/ ;v • tabase Entry Date: �
(Division) (County) # / / / /
Follow Up and Remarks: eO low-- � T� Ida tG S �2 / �� L n ,,-f� i,�� �-fi , e'
* Illegal Discharges also include Illegal Dumping as defined as significant materials that are soluble or easily transported by
stotmwater runoff, such as used oil, eltemical solvents, septic waste, etc. Solid materials not easily transported by stormwator are
addressed through other DOT2rogrttns and should not be reported on tltis form, Version 3/21/05
...,; �. •r,. �....:.::,,a;YvBe�u��.�..,>�, a.:4lWAA. Fk•..,..r. ••;..h�• ��"�:u�:{�:4;l.,a:: �i:::�'..�I i';

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
bOV-.u
d.-
� r
—i
Coleen H. Sullins, Director
Division of Water Quality
August 1, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4509 6437
Mr. John G. Dunn, Vice President
Real -Reel Corporation
Post Office Box 33
Salisbury, North Carolina 28145
Subject:
Dear Mr. Dunn:
Notice of Violation
Violations of G.S. 143.215.1, 143.21-5.83,
143.215.84, and 143.215.85
Unpermitted Discharges of Oil, Air
Compressor Condensate, and Stormwater
Multi -Wall Packaging/Salisbury Site
Rowan County, N.C.
Tracking #: NOV-2008-OC-0007
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division of Water Quality has the delegated authority to
enforce adopted water pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation
conducted on July 23, 2008 by Mr. Wes Bell of this Office. As a result of this investigation, the
following conditions were found in violation of G.S. 143-215.1, 143.215.83, 143.215.84, and
143.215.85:
Stormwater was being discharged from the Real -Reel Corporation/Multi-Wall
Packaging facility (610 and 615 Industrial Avenue) without a permit. In addition,
air compressor condensate was being discharged onto the asphalt driveway
without a permit (610 Industrial Avenue site). The soil/gravel adjacent to this
asphalt driveway (approximately 5 — 10 feet in length) was stained with oil.
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
Noce hCarolina
;QA(rally
Internet: www.newatergualitv.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

,4N
Mr. John G. Dunn
Page Two
August 1, 2008
Please be advised that this report is being issued as a Notice of Violation (NOV) for the
violations of G.S. 143-215.1, 143.215.83, 143.215.84, and 143.215.85. Be advised that pursuant
to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other
hazardous substances, or knowingly causes or permits the discharge of oil in violation of G.S.
143-215.83, or who fails to report a discharge as required by G.S. 143-215.85, or who fails to
comply with the clean up requirements of G.S. 143-215.84, shall incur, in addition to any other
penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5,000.00)
for each such violation. Be advised that G.S. 143-215.6A provides for a civil penalty assessment
of not more that twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars
($25,000.00) per violation, per day when the violation is of a continuing nature, against any
person who fails to secure a permit required by G.S. 143-215.1.
To comply with the regulations it will be necessary to immediately cease the air
compressor condensate discharge and initiate the removal and proper disposal of the
contaminated soil, with all affected areas being restored as nearly as may be to the conditions
existing prior to the discharge. In addition, you must submit a completed application form
(Notice of Intent) and supporting fee to the Division for the stormwater discharges located at the
Real -Reel Corporation/Multi-Wall Packaging facility. The application form and supporting fee
should be completed within thirty (30) days of this dated letter.
This Office requests that you respond to this letter. Your response should address all
corrective actions regarding the air compressor and oil discharges (including soil cleanup
measures) and the facility's status in obtaining a permit for the stormwater discharges. Please
address your response to me by no later than August 22, 2008.
Should you have questions, please do not hesitate to contact Mr. Bell or me at (704) 663-
1699.
Sincerely,
t Robert B. Krebs
Surface Water Protection Regional Supervisor
Enclosure
cc: Rowan County Health Department
C

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST (CENTER AVENUE/SUITE 301
MOORESVILL E, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation.
DATE OF INVESTIGATION: July 23, 2008
ai
INVESTIGATED BY: Wes Bell TIME SPENT: 3.0 hours
PLACE VISITED: Real -Reel Corporation/Multi-Wall Packaging Facility
PHYSICAL LOCATION: 610 and 615 Industrial Avenue/Salisbury/NC
RIVER BASIN: Yadkin -Pee Dee
REASON FOR VISIT: Investigation regarding illegal discharges of oil into a stormdrain (via hose).
COPIES TO: Rowan County Health Department
The Real -Reel Corporation/Multi-Wall Packaging facility consists of two industrial sites
located at 610 and 615 Industrial Avenue in Salisbury, N.C. All domestic and process
wastewaters are discharged into the City of Salisbury's wastewater collection system. The
stormwater runoff from both industrial sites is discharged into Grants Creek, a Class C waters of
the State.
Mr. Bell met with Mr. Raul Lio, HR/Safety Coordinator, at the business site on July 23,
2008. Messrs. Bell and Lio inspected the 610 and 615 Industrial Avenue sites. Mr. Jimmy
Barnette, Manager, was also present during the inspection at the 610 Industrial Avenue site. No
discharges of oil into stormdrains were observed; however, a small amount of the air compressor
condensate was being discharged onto the asphalt driveway at the 610 Industrial Avenue site. In
addition, oil stained soil/gravel (approximately 5 — 10 feet in length) was observed adjacent to
this asphalt driveway.
Mr. Bell observed several conditions at this industrial facility that could negatively
impact the stormwater runoff. These observations included:
615 Industrial Avenue site:
- The area adjacent to the dumpster at the shipping/receiving area contained large
amounts of paper products including "pellet" sized Styrofoam.
- Residual glue (starch based) accumulations were observed on the asphalt and
stormwater drainage areas near the tote bin storage areas.
Rainwater had accumulated in some of the tote bins (containing the residual glue)
due to unsecure lids.
Oil stained leaves and debris were observed on the asphalt driveway adjacent to
the drums located at the scrap metal storage area.

Complaint Investigation
Page Two
,4N
610 Industrial Avenue site:
- Two dumpsters had been positioned on top of a stormdrain. Note: No dumpster
leakages were observed during the investigation.
The facility staff have made significant efforts in the reduction of the tote bin and scrap
metal storage areas at the 615 Industrial Avenue site. In addition, a tote bin cleaning area is
currently under construction to ensure the residual glue is removed from these containers prior to
storage.
Mr. Bell determined that the Real -Reel Corporation would qualify for coverage under a
Stormwater Permit. A minimum of three stormwater outfalls (1 - 615 Industrial Avenue site and
2 - 610 Industrial Avenue site) had been identified during the investigation. Mr. Bell discussed
the application requirements (Notice of Intent) and several permit conditions with Mr. Lio at the
business site. Mr. Lio was also informed of the environmental laws and regulations pertaining to
the unpermitted discharges of oil, air compressor condensate, and stormwater. Mr. Lio was very
courteous and helpful throughout this investigation. A follow-up investigation may be necessary
to verify the facility's corrective actions and permitted status.

rrr
MULTI -WALL
CORPORATION
Protective Packaging Solutions^
To: Wes Bell
From: Raul Lio
Date: 8/15/08
Tracking # NOV-2008-OC-0007
AUG 1 8 2008
1 C`ENR MR®
D1F Q-Surfuce Water Protection
Subject: (Response Letter) addressing corrective actions due by August 22nd, 2008
Violation and Corrective Actions:
Violation: Storm water was being discharged from The Real Reel Corporation
facility without a permit.
Corrective Action: On 8/12/08 we sent Fed Ex the "Notice of Intent" to the NC
Division of Quality Stormwater and General Permit along with USGS quad sheet and
the $100 storm water permit fee.
Violation: Air compressor condensate was being discharged onto the asphalt
driveway without a permit (610 Industrial Ave. site).The soil/gravel adjacent to this
asphalt driveway (approximately 5-10 feet in length was stained with oil
7/23/08 Before Photo

VFV
Corrective Action: We dug out at least 6 to 8 inches to make sure we could not see or
smell any oil. We put the stained soil in' 55 gallon drums for proper disposal, back filled
with top soil and planted grass. As per your recommendation I have attached the soil
sample data as well. As a temporary resolution, the air compressor blow down is being
accumulated into a 55 gallon drum for proper disposal. We are currently examining the
implementation of a water/oil separator that would take us to 15 parts per million.
8/15/08 During and After Photos

VFV
Additional recommendations that could negatively impact the stormwater runoff.
Recommendation: The area adjacent to the dumpster at the shipping/receiving area
contained large amounts of paper products including "pellet" sized Styrofoam.
Corrective Action: We have stepped up our housekeeping efforts on the outside of the
facility
Before Photo 7/23/08 After Photo 8/15/08
Recommendation: Residual glue (starch based) accumulations were observed on the
asphalt and stormwater drainage areas near the tote bin areas.
Corrective Action: We have stepped up our housekeeping efforts on the outside of the
facility
Before Photo 7/23/08 After Photo 8/15/08

VFV
Recommendation: Rain water had accumulated in some of the tote bins (containing the
residual glue) due to unsecure lids.
Corrective Action: We bought extra lids to cover all totes that are exposed to the
element. We also reviewed the importance of having lids to our employees who handle
the totes daily.
Before Photo 7/23/08
After Photo 8/15/08
Recommendation: Oil stained leaves and debris were observed on the asphalt driveway
adjacent to the drums located at the scrap metal storage area.
Corrective Action: The entire scrap metal storage area has been cleaned out and
organized.
Before Photo 7/23/08 After Photo 8/15/08

/`
%�,rPaceAnalytical
www.pacelabs.com
August 04, 2008
Mr. Wayne Laney
Multi -Wall Packaging
615 Industrial Ave
Salisbury, NC 28144
RE: Project: Multiwall Soil Analysis
Pace Project No.: 9224139
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Pace Analytical Services, Inc.
9800 KinceyAve. Suite 100
Huntersville, NC 28078
Dear Mr. Laney:
Enclosed are the analytical results for sample(s) received by the laboratory on July 25, 2008. The
results relate only to the samples included in this report. Results reported herein conform to the
most current NELAC standards, where applicable, unless otherwise narrated in the body of the
report.
Inorganic Wet Chemistry and Metals analyses were performed at our Pace Asheville laboratory and
Organic testing was performed at our Pace Huntersville laboratory unless otherwise footnoted. All
Microbiological analyses were performed at the laboratory where the samples were received.
If you have any questions concerning this report, please feel free to contact me.
Sincerely,
Brenda Pathammavong
[e-mail]
Project Manager
Enclosures
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
[phone]
Page 1 of 7

! , ceAnalytical s
mwpacelabs.ccm
r
Project: Multiwall Soil Analysis
Pace Project No.: 9224139
Charlotte Certification IDs
Florida/NELAP Certification Number: E87627
Kansas Certification Number: E-10364
Louisiana/LELAP Certification Number: 04034
North Carolina Drinking Water Certification Number: 37706
North Carolina Wastewater Certification Number: 12
Asheville Certification IDs
Florida/NELAP Certification Number: E87648
Louisiana/LELAP Certification Number: 03095
New Jersey Certification Number: NC011
North Carolina Drinking Water Certification Number: 37712
North Carolina Wastewater Certification Number: 40
North Carolina Bioassay Certification Number: 9
Eden Certification IDs
North Carolina Drinking Water Certification Number: 37738
Virginia Drinking Water Certification Number: 00424
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
CERTIFICATIONS
Pace Analytical Services, Inc.
9800 KinceyAve. Suite 100
Huntersville, NC 28078
North Carolina Field Services Certification Number: 5342
South Carolina Certification Number: 990060001
South Carolina Bioassay Certification Number: 990060003
Tennessee Certification Number: 04010
Virginia Certification Number: 00213
Pennsylvania Certification Number: 68-03578
South Carolina Certification Number: 99030001
South Carolina Bioassay Certification Number: 99030002
Tennessee Certification Number: 2980
Virginia Certification Number: 00072
North Carolina Wastewater Certification Number: 633
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
el6C=
[phone]
Page 2 of 7

Y� Pace Analytical Services, Inc.
aceAnalXical 2225 Riverside Dr.
wwtivpacaia6s.com Asheville, NC 28804
[phone]
SAMPLE ANALYTE COUNT
Project: Multiwall Soil Analysis
Pace Project No.: 9224139
Pace Analytical Services, Inc.
9800 KinceyAve. Suite 100
Huntersville, NC 28078
[phone]
Analytes
Lab ID Sample ID
Method
Analysts
Reported
Laboratory
9224139001 1
ASTM D2974-87
TNM
1
PASI-C
EPA8015 Modified
JAD
2
PASI-C
9224139002 2
ASTM D2974-87
TNM
1
PASI-C
EPA 8015 Modified
JAD
2
PASI-C
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
Page 3 of 7

Pace Analytical Services, Inc. Pace Analytical Services, Inc.
}JrJl+eArfrJlll{1!+]JV 2225 Riverside Dr. 9800 Kincey Ave. Suite 100
I QV VAsl�Pasela`blsl.COM Asheville, NC 28804 Huntersville, NC 28078
[phone] [phone]
ANALYTICAL RESULTS
Project: Multiwall Soil Analysis
Pace Project No.: 9224139
Sample: 1
Lab ID: 9224139001 Collected: 07/25/08 06:45
Received: 07/25/08 09:20 Matrix: Solid
Results reported on a "dry -weight" basis
Parameters
Results Units Report Limit DF
Prepared
Analyzed CAS No. Qual
8015 GCS THC-Diesel
Analytical Method: EPA 8015 Modified Preparation Method: EPA 3546
Diesel Components
1360 mg/kg 30.7 1
07/31/08 00:00
08/01/08 00:39 68334-30-5 P3
n-Pentacosane (S)
0 % 50-135 1
07/31/08 00:00
08/01/08 00:39 629-99-2 S4
Percent Moisture
Analytical Method: ASTM D2974-87
Percent Moisture
18.5 % 0.10 1
07/28/08 08:55
Sample: 2 Lab ID: 9224139002 Collected: 07/25/08 06:45 Received: 07/25/08 09:20 Matrix: Solid
Results reported on a "dry -weight" basis
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qua]
8015 GCS THC-Diesel Analytical Method: EPA 8015 Modified Preparation Method: EPA 3546
Diesel Components 52.8 mg/kg 6.3 1 07/31/08 00:00 07/31/08 17:44 68334-30-5
n-Pentacosane (S) 89 % 50-135 1 07/31/08 00:00 07/31/08 17:44 629-99-2
Percent Moisture Analytical Method: ASTM D2974-87
Percent Moisture 21.0 % 0.10 1 07/28/08 08:56
Date: 08/04/2008 02:14 PM REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
r6
Page 4 of 7

Pace Analytical Services, Inc. Pace Analytical Services, Inc.
ZAnalXica(
2225 Riverside Dr. 9800 KinceyAve. Suite 100
- wwtivpacelabs.cam Asheville, NC 28804 Huntersville, NC 28078
r
[phone] [phone]
QUALITY CONTROL DATA
Project: Multiwall Soil Analysis
Pace Project No.: 9224139
QC Batch: PMST/1786 Analysis Method: ASTM D2974-87
QC Batch Method: ASTM D2974-87 Analysis i Description: Dry Weight/Percent Moisture
Associated Lab Samples: 9224139001, 9224139002
SAMPLE DUPLICATE: 144942
9224144002 Dup
Parameter Units Result Result RPD Qualifiers
Percent Moisture % 15.7 17.2 9
Date: 08/04/2008 02:14 PM REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
Page 5 of 7

Pace Analytical Services, Inc. Pace Analytical Services, Inc.
aceAnalytical 2225 Riverside Dr. 9800 KinceyAve. Suite 100
wwavpacelabs.cam
Asheville, NC 28804 Huntersville, NC 28078
[phone] [phone]
QUALITY CONTROL DATA
Project: Multiwall Soil Analysis
Pace Project No.: 9224139
QC Batch: OEXT/3937 Analysis Method: EPA 8015 Modified
QC Batch Method: EPA 3546 Analysis Description: 8015 Solid GCSV
Associated Lab Samples: 9224139001, 9224139002
METHOD BLANK: 147016
Associated Lab Samples: 9224139001, 9224139002
Blank Reporting
Parameter Units Result Limit Qualifiers
Diesel Components mg/kg ND 5.0
n-Pentacosane (S) % 75 50-135
LABORATORY CONTROL SAMPLE: 147017
Spike LCS LCS % Rec
Parameter Units Conc. Result % Rec Limits Qualifiers
Diesel Components mg/kg 167 124 74 50-114
n-Pentacosane (S) % 72 50-135
MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 147018
147019
MS
MSD
9224198004
Spike
Spike MS
MSD MS MSD % Rec
Parameter Units Result
Conc.
Conc. Result
Result % Rec % Rec Limits RPD Qual
Diesel Components mg/kg ND
226
226 140
105 62 46 50-107 28 MO
n-Pentacosane (S) %
57 43 50-135 SO
Date: 08/04/2008 02:14 PM
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
gel c
Page 6 of 7

Pace Analytical Services, Inc. Pace Analytical Services, Inc.
/�2PJI'c'e Analytical 2225 Riverside Dr. 9800 Kincey Ave. Suite 100
vwpacelabs.coomAsheville, NC 28804 Huntersville, NC 28078
[phone] [phone]
QUALIFIERS
Project: Multiwall Soil Analysis
Pace Project No.: 9224139
DEFINITIONS
DF - Dilution Factor, if reported, represents the factor applied to the reported data due to changes in sample preparation, dilution of
the sample aliquot, or moisture content.
ND - Not Detected at or above adjusted reporting limit.
J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit.
MDL -Adjusted Method Detection Limit.
S - Surrogate
1,2-Diphenylhydrazine (8270 listed analyte) decomposes toAzobenzene.
Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values.
LCS(D) - Laboratory Control Sample (Duplicate)
MS(D) - Matrix Spike (Duplicate)
DUP - Sample Duplicate
RPD - Relative Percent Difference
NC - Not Calculable.
Pace Analytical is NELAP accredited. Contact your Pace PM for the current list of accredited analytes,
LABORATORIES
PASI-C Pace Analytical Services - Charlotte
ANALYTE QUALIFIERS
Mo Matrix spike recovery was outside laboratory control limits.
P3 Sample extract could not be concentrated to the routine final volume, resulting in elevated reporting limits.
So Surrogate recovery outside laboratory control limits.
S4 Surrogate recovery not evaluated against control limits due to sample dilution.
Date: 08/04/2008 02:14 PM REPORT OF LABORATORY ANALYSIS Page 7 of 7
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
6661A f

;2ceAnalytical
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CHAIN -OF -CUSTODY / Analytical Request Document
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Section A Section B Section C
age. of
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Report To: Attention:
CO ny r WAr It
1176919
A dr
s: _
Copy To:
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REGULATORYFAGENCY
t
1
Address:
r NPDES' (— GROUND WATER (—' DRINKING WATER
r UST r RCRA r OTHER
Email To: 1 \
1
Purchase Order No.:
Pace Quote
Reference:
P ne: `
��� I
Fax:
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r_
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-
Section D Matrix Codes
Required Client Information MATRIX I CODE
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9
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ADDITIONAL COMMENTS
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DATE
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ACCEPTED BY / AFFILIATION ',
ATE
TIME
SAMPLE CONDITIONS
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SAMPLER NAME AND SIGNATURE
ORIGINAL PRINT Name of SAMPLER:
E
SIGNATURE of SAMPLER: DATE Signed
`—'
d
(MM/DD/YY):
vl
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'Important Note: By signing this form you are accepting Pace's NET 30 day payment terms and agreeing to late charges of 1.5 % per month for any invoices not paid within 30 days. F-ALL-Q-020rev.07, 15-May-2007

r.:F'JceArafytical'
Client Name- I Project #
Courier: ❑ Fed Ex ❑ UPS ❑ USPS ]2"Client ❑ Commercial ❑ Pace Other O`pUonaG "'
Prof DuerDate N/A
Custody Seal on Cooler/Box Present: ❑yes no Seals intact: El yes -f5 no
Prof Name 'r <N/A
Packing Material: ❑ Bubble Wrap ❑Bubble Bags None ❑Other
Thermometer Used T060 Type of Ic�Wet Blue None ❑ Samples on ice, cooling process has begun
II ssue is Frozen: Yes No N/A
Date
Initials of o
Cooler TemperatureBiological"�
cont�
t
Temp should be above freezing to 6°C
Comments:
Chain of Custody Present:
Yes ❑No
❑NIA
1,
Chain of Custody Filled Out:
Yes ❑No
❑NIA
2.
Chain of Custody Relinquished:
/ fTYes ❑ON�No
❑NIA
3,
Sampler Name & Signature on COC:
❑Yes -I! No
❑N/A
4.
Samples Arrived within Hold Time:
ElYes ❑No
❑N/A
5.
Short Hold Time Analysis (<72hr):
❑Yes f No
❑N/A
6.
Rush Turn Around Time Requested:
❑Yes d No
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7,
Sufficient Volume:
Yes ❑No
El NIA
8.
Correct Containers Used:
X1Yes ONNo
❑N/A
g,
-Pace Containers Used:
❑YesiCJNo•
❑N/A
Containers Intact:
'CJYes ❑No
❑N/A
10. .
Filtered volume received for Dissolved tests
❑Yes ❑No
❑N/A
11.
Sample Labels match COC:
�_HYes ❑No
❑N/A
12.
-Includes date/time/ID/Analysis Matrix:
All containers needing preservation have been checked.
�
—LJYes ❑No
El N/A
13.
All containers needing preservation are found to be in
es ❑No
El N/A
compliance with EPA recommendation.
exceptions: VOA, coliform, TOC, 0&G, WI-DRO (water)
❑Yes []No
Initial when completed
Samples checked for dechlorination:'
❑Yes []No
❑N/
14.
Headspace in VOA Vials ( >6mm):
❑Yes ❑No
❑NIAA
5,
Trip Blank Present:
❑Yes ❑No .
❑N/A
16.
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❑Yes ❑No
❑N%A
Pace Trip Blank Lot # (if purchased): N/A
Client Notification/ Resolution:
Person Contacted:
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Field Data Required? Y / N / N/A
Project Manager Review: Date: 7
Note: Whenever there is a discrepancy affecting North Carolina compliance samples, a copy of this form will be sent to the North Carolina DEHNR
r:arlifir.Ahnn (lffira (i a not of hnlrl inrnrro rf nro conroFivo n F .,F F-.,,., t...-.,. 1 I,;- . N

Emailing: The Real Reel Corp. 3 Dirt Samples Results
Subject: Emailing: The Real Reel Corp. 3 Dirt Samples Results
From: "Raul Lio" <[e-mail]>
Date: Thu, 4 Sep 2008 15:18:18 -0400
To: <[e-mail]>
CC: "Doug Shelton" <[e-mail]>, "Wayne Laney" <[e-mail]>
<<The Real Reel Corp. 3 Dirt Samples Rdsults.pdf>>
Wes,
See attachment "The Real Reel Corp. 3 Dirt Samples Results". If I'm
reading this report correctly we should be under the threshold of 40
mg/kg of diesel components on all three samples.
Sample 41 25.5 mg/kg
Sample #2 16.8 mg/kg
Sample #3 10.6 mg/kg
Please contact me at your convenience if you have any questions.
Thanks,
Raul A. Lio
Safety Supervisor
Multi -Wall Packaging Corp.
615 Industrial Ave.
Salisbury, NC 28144
Office - [phone]
Cell - [phone]
E mail - [e-mail]
Content -Type: a lication/octet-stream
!The Real Reel Corp.3 Dirt Samples Results. df
Content -Encoding. base64
1 of 1 9/4/2008 4:41 PM

aceAnalytical
www.pacelabs.com
September 04, 2008
Mr. Wayne Laney
Multi -Wall Packaging
615 Industrial Blvd.
Salisbury, NC 28144
RE: Project: DRO SAMPLING 9/2
Pace Project No.: 9226829
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville. NC 28078
Dear Mr. Laney:
Enclosed are the analytical results for sample(s) received by the laboratory on September 02, 2008.
The results relate only to the samples included in this report. Results reported herein conform to the
most current NELAC standards, where applicable, unless otherwise narrated in the body of the
report.
Inorganic Wet Chemistry and Metals analyses were performed at our Pace Asheville laboratory and
Organic testing was performed at our Pace Huntersville laboratory unless otherwise footnoted. All
Microbiological analyses were performed at the laboratory where the samples were received.
If you have any questions concerning this report, please feel free to contact me.
Sincerely,
Brenda Pathammavong
[e-mail]
Project Manager
Enclosures
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
4� N��\p ` q
///
u � �z
[phone]
Page 1 of 8

aceAnalytical
www.pacelabs.com
Project: DRO SAMPLING 9/2
Pace Project No.: 9226829
Charlotte Certification IDs
Connecticut Certification Number: PH-0104
Pennsylvania Certification Number: 68-00784
West Virginia Certification Number: 357
Virginia Certification Number: 00213
Tennessee Certification Number: 04010
South Carolina Bioassay Certification Number: 990060003
South Carolina Certification Number: 990060001
Asheville Certification IDs
Connecticut Certification Number: PH-0106
Massachusetts Certification Number: M-NC030
West Virginia Certification Number: 356
Virginia Certification Number: 00072
Tennessee Certification Number: 2980
South Carolina Bioassay Certification Number: 99030002
South Carolina Certification Number: 99030001
Eden Certification IDs
Virginia Drinking Water Certification Number: 00424
North Carolina Wastewater Certification Number: 633
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
CERTIFICATIONS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
North Carolina Field Services Certification Number: 5342
North Carolina Wastewater Certification Number: 12
North Carolina Drinking Water Certification Number: 37706
Louisiana/LELAP Certification Number: 04034
Kentucky UST Certification Number: 84
New Jersey Certification Number: NCO12
Florida/NELAP Certification Number: E87627
Pennsylvania Certification Number: 68-03578
North Carolina Bioassay Certification Number: 9
North Carolina Wastewater Certification Number: 40
North Carolina Drinking Water Certification Number: 37712
New Jersey Certification Number: NC011
Louisiana/LELAP Certification Number: 03095
Florida/NELAP Certification Number: E87648
North Carolina Drinking Water Certification Number: 37738
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
Wow Gpo'
rhea
Page 2 of 8

acmnalytical
www.pacelabs.com
Project: DRO SAMPLING 9/2
Pace Project No.: 9226829
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
SAMPLE ANALYTE COUNT
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Analytes
Lab ID
Sample ID
Method
Analysts
Reported
Laboratory
9226829001
#1 LEFT
ASTM D2974-87
JEA
1
PASI-C
EPA 8015 Modified
JAC
2
PASI-C
9226829002
#2 MIDDLE
ASTM D2974-87
JEA
1
PASI-C
EPA 8015 Modified
JAC
2
PASI-C
9226829003
#3 RIGHT
ASTM D2974-87
JEA
1
PASI-C
EPA 8015 Modified
JAC
2
PASI-C
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
Icco,
Page 3 of 8

acmnalytical
www.pacelabs.com
Project: DRO SAMPLING 9/2
Pace Project No.: 9226829
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
Sample: #1 LEFT Lab ID: 9226829001 Collected: 09/02/08 09:00 Received: 09/02/08 10:46 Matrix: Solid
Results reported on a "dry -weight" basis -
Comments: • Sample container did not meet EPA or method requirements.
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
8015 GCS THC-Diesel Analytical Method: EPA 8015 Modified Preparation Method: EPA 3546
Diesel Components 25.5 mg/kg 6.3 1 09/02/08 00:00 09/03/08 15:25 68334-30-5
n-Pentacosane (S) 99 % 50-135 1 09/02/08 00:00 09/03/08 15:25 629-99-2
Percent Moisture Analytical Method: ASTM D2974-87
Percent Moisture 21.1 % 0.10 1 09/03/08 09:07
Sample: #2 MIDDLE Lab ID: 9226829002 Collected: 09/02/08 09:00 Received: 09/02/08 10:46 Matrix: Solid
Results reported on a "dry -weight" basis
Comments: - Sample container did not meet EPA or method requirements.
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qua]
8015 GCS THC-Diesel Analytical Method: EPA 8015 Modified Preparation Method: EPA 3546
Diesel Components 16.8 mg/kg 6.5 1 09/02/08 00:00 09/03/08 01:27 68334-30-5
n-Pentacosane (S) 89 % 50-135 1 09/02/08 00:00 09/03/08 01:27 629-99-2
Percent Moisture Analytical Method: ASTM D2974-87
Percent Moisture 23.3 % 0.10 1 09/03/08 09:07
Sample: #3 RIGHT Lab ID: 9226829003 Collected: 09/02/08 09:00 Received: 09/02/08 10:46 Matrix: Solid
Results reported on a "dry -weight" basis
Comments: • Sample container did not meet EPA or method requirements.
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
8015 GCS THC-Diesel Analytical Method: EPA 8015 Modified Preparation Method: EPA 3546
Diesel Components 10.6 mg/kg 6.5 1 09/03/08 00:00 09/03/08 14:30 68334-30-5
n-Pentacosane (S) 73 % 50-135 1 09/03/08 00:00 09/03/08 14:30 629-99-2
Percent Moisture Analytical Method: ASTM D2974-87
Percent Moisture 22.7 % 0.10 1 09/03/08 09:07
Date: 09/04/2008 11:13 AM REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
a
Page 4 of 8

+ aceAnalytical dD
www.pacelabs.com
Project: DRO SAMPLING 9/2
Pace Project No.: 9226829
QC Batch: OEXT/4273
QC Batch Method: EPA 3546
Associated Lab Samples: 9226829001, 9226829002
METHOD BLANK: 161771
Associated Lab Samples: 9226829001, 9226829002
Parameter Units
Diesel Components mg/kg
n-Pentacosane(S) %
METHOD BLANK: 162728
Associated Lab Samples: 9226829001, 9226829002
Parameter Units
Diesel Components mg/kg
n-Pentacosane (S) %
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
QUALITY CONTROL DATA
Analysis Method: EPA 8015 Modified
Analysis Description: 8015 Solid GCSV
Matrix: Solid
Blank Reporting
Result Limit Analyzed Qualifiers
ND 5.0 09/02/0818:23
115 50-135 09/02/0818:23
Matrix: Solid
Blank Reporting
Result Limit Analyzed Qualifiers
ND 5.0 09/03/0813:07
68 50-135 09/03/0813:07
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
LABORATORY CONTROL SAMPLE:
161772
Spike
LCS
LCS
% Rec
Parameter
Units
Cone.
Result
% Rec
Limits Qualifiers
Diesel Components
mg/kg
167
147
88
50-114
n-Pentacosane(S)
%
103
50-135
LABORATORY CONTROL SAMPLE:
162729
Spike
LCS
LCS
% Rec
Parameter
Units
Cone.
Result
% Rec
Limits Qualifiers
Diesel Components
mg/kg
167
167
100
50-114
n-Pentacosane(S)
%
102
50-135
MATRIX SPIKE & MATRIX SPIKE DUPLICATE: 161773
161774
MS
MSD
9226829001
Spike
Spike MS MSD
MS MSD % Rec
Parameter Units Result
Cone.
Cone. Result Result
% Rec % Rec Limits RPD Qual
Diesel Components mg/kg 25.5
212
212 157 205
62 85 50-107 26
n-Pentacosane(S) %
117 103 50-135
Date: 09/04/2008 11:13 AM
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
4 o nccOAp�
�craela�c�=
Page 5 of 8

®
Pace Analytical Services, Inc.
Pace Analytical Services, Inc.
Q�n /+q
.aCG/" alyt4cal
2225 Riverside Dr.,
9800 Kincey Ave. Suite 100
.
Asheville, NC 28804
Huntersville, NC 28078
www.pacelabs.corn
[phone]
[phone]
QUALITY CONTROL DATA
Project: DRO SAMPLING 9/2
Pace Project No.: 9226829
QC Batch: PMST/1890
Analysis Method: ASTM D2974-87
QC Batch Method: ASTM D2974-87
Analysis Description: Dry Weight/Percent Moisture
Associated Lab Samples: 9226829001, 9226829002, 9226829003
SAMPLE DUPLICATE: 161935
9226868001 Dup
Parameter
Units Result Result RPD Qualifiers
Percent Moisture 1 %
2.4. , 3.3 34 R1
SAMPLE DUPLICATE: 161936
9226829003 Dup
Parameter
Units Result. Result RPD Qualifiers
Percent Moisture %
22.7 23.0 1
Date: 09/04/200811:13 AM
REPORT OF LABORATORY ANALYSIS
Page 6 of 8
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc
"conn`ra ,fie ,,

aceAnalytical
..pacelabs.com
QUALIFIERS
Project: DRO SAMPLING 9/2
Pace Project No.: 9226829
DEFINITIONS
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Pace Analytical Services, Inc.
9800 Kincey Ave. Suite 100
Huntersville, NC 28078
[phone]
DF - Dilution Factor, if reported, represents the factor applied to the reported data due to changes in sample preparation, dilution of
the sample aliquot, or moisture content.
ND - Not Detected at or above adjusted reporting limit.
J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit.
MDL-Adjusted Method Detection Limit.
S - Surrogate
1,2-Diphenylhydrazine (8270 listed analyte) decomposes toAzobenzene.
Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values.
LCS(D) - Laboratory Control Sample (Duplicate)
MS(D) - Matrix Spike (Duplicate)
DUP - Sample Duplicate
RPD - Relative Percent Difference
NC - Not Calculable.
Pace Analytical is NELAP accredited. Contact your Pace PM for the current list of accredited analytes.
LABORATORIES
PASI-C Pace Analytical Services - Charlotte
ANALYTE QUALIFIERS
R1 RPD value was outside control limits.
SO Surrogate recovery outside laboratory control limits.
Date: 09/04/2008 11:13 AM REPORT OF LABORATORY ANALYSIS Page 8 of 8
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
N P115%

/72ne Anal ical
wwl.pxealabs.com
CHAIN -OF -CUSTODY / Analytical Request Document
The Chain -of -Custody is a LEGAL DOCUMENT. All relevant fields must be completed accurately.
Sectbn.A Section ® Section C
Page: of
Required Client Information: Required Project Information: Invoice Information:
Com i Report To: Attention
�,
.1165725
Ad a Copy
L
To:
Company Name:
v
Address:
r NPDES r GROUND WATER DRINKING WATER
r UST (- RCRA j- OTHER
Email T�:
,
, Purchase
Order No.:
Pace quote
V'�`^TT"� /"
Reference:
P Fax: Project
Name:
Pace Project
Site i ocatioij
Requested Due Date/TAT: Project
Number.
Manager.
pace Profile tF:
,�_'
� Reguest�ciAt�aiys{s
FiltEl'ed
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"
COLLECTED
Preservatives
Drinking Water DW
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Water WT
$
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Waste Water WW
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COMPOSITE
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START
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SAMPLE ID � L
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ADpIT10NAL COMMENTS
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DATE'
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ORIGINAL PRINT Name of SAMPLER:
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SIGNATURE of SAMPLER: DATE Signed
F
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'Important Note: By signing this form you are accepting Pace's NET 30 day payment terms and agreeing to late charges of 1.6% per month for any invoices not paid within 30 days.. . - - F-ALL-Q-020rev.07, 15-May-2007

„� �ceAralytical”
Client Name. �- Project # g 19a4.9.29
Courier: ❑ Fed Ex ❑ UPS ❑ USPS 1Q C]ient ❑ Commercial ❑ Pace Other
Custody Seal on Cooler/Box Present: ❑ yes C?'no Seals intact: ❑ yes -El"'no
Packing Material: ❑ Bubble Wrap ❑Bubble Bags Q�one ❑Other
Thermometer Used T060 Type of Ice: Wet Blue None ❑ Samples on ice, coolinq pror.&ss has begun
Cooler Temperature
Temp should be above freezing to 6"C
Biological Tissue is Frozen: Yes No N/A
Comments:
Date and o e ning
contents:
Chain of Custody Present:
-O'fes ❑No
❑N/A
1.
Chain of Custody Filled Out:
E15es ❑No
❑N/A
2•
Chain of Custody Relinquished:
O<e ❑No
❑NIA
3•
Sampler Name & Signature on COC:
Dyes -ETNo
❑N/A
4.
Samples Arrived within Hold Time:
E;If—es ❑No�No
❑N/A
5.
Short Hold Time Analysis (<72hr):
Dyes efNo
❑N/A
6.
Rush Turn Around Time Requested:
Dyes CTN.
❑N/A
7.
Sufficient Volume:
2<s ONo
❑N/A
8.
Correct Containers Used:
-Pace Containers Used:
Dyes eNo
Dyes QNo.
DN/A
❑N/A
g.
Containers Intact:
es DNo
❑N/A
10• .
Filtered volume received for Dissolved tests
Dyes ❑No
IA
11.
Sample Labels match COC:
-Includes date/time/ID/Analysis Matrix:
❑Yes Vio
DN/A
1ND �' r_
11 ``lJ
13.
Initial when completed
D-) `0
All containers needing preservation have been checked, �
Dyes ❑No Pt
All containers needing preservation are found to be in
compliance with EPA recommendation. ❑Yes ❑No A
exceptions: VOA, coliform, TOC, O&G, WI-DRO (water) ❑Yes ❑No
Samples checked for dechlorination:
Dyes ONo
❑NI
14.
Headspace in VOA Vials ( >6mm):
Dyes ONo
❑NIA
45.
Trip Blank Present:
Trip Blank Custody Seals Present
Pace Trip Blank Lot # (if purchased): N/A
Dyes ❑No .
❑Yes ❑No
N/A
N/A
J6.
Client Notification/ Resolution: Field Data Required? Y / N / N/A
Person Contacted: Date/Time:
Comments/ Resolution.,
Project Manager Review: 6AR Date: ! la/o8"
Note: Whenever there is a discrepancy affecting North Carolina compliance samples, a copy of this form will be sent to the North Carolina DEHNR
Certification Office ( i.e out of hold, incorrect preservative, out of temp, incorrect containers)

�0� WA r�A?
�O
p 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 1, 2008
RETURN RECEIPT REQUESTED
7007 1490 0004 4509 6437
Mr. John G. Dunn, Vice President
Real -Reel Corporation
Post Office Box 33
Salisbury, North Carolina 28145
Dear Mr. Dunn:
Coleen H. Sullins, Director
Division of Water Quality
Subject: Notice of Violation
Violations of G.S. 143.215.1, 143.21-5.83,
143.215.84, and 143.215.85
Unpermitted Discharges of Oil, Air
Compressor Condensate, -and Stormwater
Multi -Wall Packaging/Salisbury Site
Rowan County, N.C.
Tracking #: NOV-2008-OC-0007
Chapter 143, Article 21 of the North Carolina General Statutes (G.'S.) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division of Water Quality has the delegated authority to
enforce adopted water pollution control rules and regulations.
Enclosed.please find a*,copy of a. Complaint 111vest gation Report. for the investigation
conducted on July 23; 2008 b�:.Mr. Wes. Bell of this Office. As a result of this investigation, the
following .conditions were found in violation .of. G.S. 143-215.1, 143.215.83, 143.215.84, and
143.215_.85:
Stormwater was being discharged from the Real -Reel Corporation/Multi-Wall
Packaging facility (610 and 615 Industrial Avenue) without a permit. In addition,
air compressor condensate was being discharged onto the asphalt driveway
without a permit (610 Industrial Avenue site). The soil/gravel adjacent to this
asphalt driveway (approximately 5 —10 feet in length) was -stained with oil.
Mailing Address Phone.[phone] Location cne Caro rna
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 a�1lCQl�
Mooresville, NC. 28115 Mooresville, North Carolina
Internet: www.ncwatergualitv.ore Customer'Service 1-877-623-6748
•. — ..._--� ...-.....-_-_.e.._ .tee__ -_''_'-_- �nm n__.._�_�unoi n--�n.............. o.......

POV
Mr. John G. Dunn
Page Two
August 1, 2008
- -- - P-lease=be=advv sed=i.-hat this=repo- rtgs=Being ss - e& a� Notice-—VYolat n (NOS orihe
violations of G.S. 143-215.1, 143.215.83, 143.215.84, and 143.215.85. Be advised that pursuant
to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other
hazardous substances, or knowingly causes or permits the discharge of oil in violation of G.S.
143-215.83, or who fails to report a discharge as.required by G.S. 143-215.85, or who fails to
comply with the clean up requirements of G.S. 143-215.84, shall incur, in addition to any other
penalty provided by law, a penalty in an amount riot to exceed five thousand dollars ($5,000.00)
for each such violation. Be advised that G.S..143-215.6A provides for a civil penalty assessment
-of not. more that twenty-five: thousand dollars ($25,000:00), or twenty-five thousand dollars
($25,000.00) per.violation, per day when the violation is of a continuing nature, against any
person who fails to secure a permit required by G.S. 143=215.1.
To comply with the regulations it will be necessary to immediately cease the air
compressor condensate discharge and initiate the removal and proper disposal of the
contaminated soil, with all affected areas being restored as nearly as maybe to the conditions
existing prior to the discharge: In addition, you must submit a completed application form
(Notice of Intent) and supporting fee to the Division for the stormwater discharges located at the
Real -Reel Corporation/Multi-Wall Packaging facility. The application form and supporting fee
should be completed within thirty (30) days of this dated letter.
This Office requests that you respond to this letter. Your response should address all
corrective actions regarding the air compressor and oil discharges (including soil cleanup
measures) and the facility's status in obtaining a permit for the stormwater discharges. Please
address your response to me by no later than August 22, 2008.
Should you have questions, please do not hesitate to contact Mr. Bell or me at (704) 663-
1699.
Sincerely;
Robert B. Krebs
(/ Surface Water Protection Regional Supervisor
Enclosure
cc: Rowan County Health Department

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST CENTER AVENUE/SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
-- R P4 ZTOF =C-o 4am hest ganon
DATE OF INVESTIGATION: July
23, 2008
W t�
INVESTIGATED BY: Wes Bell TIME SPENT: 3.0 hours
.PLACE VISITED: Real -Reel Corporation/Multi-Wall Packaging Facility
PHYSICAL LOCATION: 610 and 615 Industrial Avenue/Salisbury/NC
RIVER BASIN: Yadkin -Pee Dee
REASON FOR VISIT: Investigation regarding illegal discharges of oil into a stormdrain (via hose).
COPIES TO: Rowan County Health Department
REPORT:
The Real -Reel Corporation/Multi-Wall Packaging facility consists of two industrial sites
located at 610 and 615. Industrial Avenue in Salisbury, N.C. All domestic and process
wastewaters are discharged into the City of Salisbury's, wastewater collection system. The
stormwater runoff from both industrial sites is discharged into Grants Creek, a Class C waters of
the State.
Mr. Bell met with Mr. Raul Lio, HR/Safety Coordinator; .at the business site on July 23,
2008..Messrs. Bell and Lio inspected the 610 and 615 Industrial Avenue sites. Mr. Jimmy
Barnette, Manager, was also present during the inspection at the 610 Industrial Avenue site. No
diseharges.of oil- into-.stormdrains were observed; however, a small amount of the air .compressor
condensate was being discharged onto'the asphalt driveway at the 610 Industrial Avenue site. 'In
addition, oil stained.soil/gravel (approximately 5 —10 feet in length) was observed adjacent to
this asphalt driveway.
Mr. Bell observed several conditions at this industrial facility that could negatively
impact the stormwater runoff. These -observations included:
6.15 Industrial Avenue site:
The area adjacent to the dumpster at the shipping/receiving area contained large
amounts of paper products including "pellet' sized Styrofoam .
Residual glue (starch. based). accumulations were observed on the asphalt and
stormwater drainage areas -near the tote bin storage areas.
Rainwater. had -accumulated in some of the tote bins (containing the residual glue)
due to unsecure lids.
Oil stained leaves and debris were observed on the asphalt driveway adjacent to
the drums located at the scrap metal storage area.

Complaint Investigation
Page Two
610 Industrial Avenue site:
Two dumpsters had been positioned on top of a stormdrain. Note: No dumpster
leakages were observed during the investigation.
The facility staff have made significant efforts in the reduction of the tote bin and scrap
metal storage areas at the 615 Industrial Avenue site. In addition, a tote bin cleaning area is
currently under construction to ensure the residual glue is removed from these containers prior to
storage.
Mr. Bell determined that the Real -Reel Corporation would qualify for coverage under a
Stormwater Permit. A minimum of three stormwater outfalls (1 - 615 Industrial Avenue site and
2 - 610 Industrial Avenue site) had been identified during the investigation —Mr -Bell discussed
the application requirements (Notice of Intent) and several permit conditions with Mr. Lio at the
business site. Mr. Lio was also informed of the environmental laws and regulations pertaining to
the unpermitted discharges of oil, air compressor condensate, and stormwater. Mr. Lio was very
courteous and helpful throughout this investigation. A follow-up investigation may be necessary
to verify the facility's corrective actions and permitted status.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7006 2760 00018493 9679
July 25, 2007
Mr. Mike Dills & Ms. Vickie Karriker, Owners
Cripple Creek Restaurant
17665 Stokes Ferry Road
New London, NC 28127
Subject: NOTICE OF VIOLATION - G.S. 143-215.1(a)
Case #: NOV-2007-DV-0108
Incident #: 200701924
Illegal discharge of wastewater
Cripple Creek Restaurant
17665 Stokes Ferry Road
Rowan County
Dear Ms. Karriker and Mr. Dills,
Coleen H. Sullins, Director
Division of Water Quality
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental
Management Commission of the Department of Environment & Natural Resources to protect and preserve the water
resources of the State. The Division of Water Quality (DWQ) has the delegated authority to enforce adopted pollution
control rules and regulations.
On June 26, 2007, Dee Browder of this Office conducted an investigation of your property located at 17665 Stokes Ferry
Road. As a result of this investigation, the following condition was found on your property in violation of G.S. 143-215.1(a):
Illegal discharge of wastewater from the building sanitary sewer at your buisness to a culvert which leads to the
Yadkin River in the Yadkin -Pee Dee River basin.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five thousand dollars
($25,000), or twenty-five thousand dollars ($25,000) per day when the violation is of a continuing nature, against any person who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage
to the surface waters of the State that may result from the unpermitted discharge.
To comply with the law, it will be necessary to immediately cease all illegal discharge activity and to implement
corrective actions to eliminate the potential for recurrent illegal discharges.
NNo ehCarolina
aturally
Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: [phone] Fax: [phone]
Internet: www.ncmwaterquality.org Customer Service: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper

Mr. Dills & Ms. Karriker
Page 2
July 25, 2007
It is requested that you respond, in writing, to this Notice, indicating the actions you have taken to correct the violation.
Please address your response to Dee Browder at the letterhead address by no later than August 9, 2007.
Should you have questions, please do not hesitate to contact Dee Browder or me at [phone]
qcte_rely,
Robert B. Krebs
Water Quality Regional Supervisor
Surface Water Protection Section
Mooresville Regional Office
cc: Rowan County Health Department
Central Files

MRO Incident / Complaint Report
Investigator: None
Contact Date:
Investigated Date:
Response Date:
Investigated?. ❑ yes ❑ no
Violation? ❑ yes ❑ no
NOV Sent?' ❑ yes. ❑ no
Responsible Party:
Responsible Party �ddress /,Phone:,
Received By: Donna Hood
Date Received: 0G 1 I) %07
Time Received: AM
County: Rowan
Complaint Type: 'r1-,,dLN0*
Incident #:.(BI S, RUS , ETC)
Complainant:
et.
Complainant Address / Phone:
fr*m L r d
I-Av en Sarkba-
(704c_ u Qi,(704) al !o - $ 5 a:7
I1�MAA�.ANA �A C��A.
Actions Taken/Comments:
Referred to:
❑ UST ❑ LQ ❑ AP ❑ SWP ❑ Haz. Waste ❑ Solid Waste ❑ PWS ❑ County HD
Referred on: Referred by: N/A

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map
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Page 1 of 3
Home y4+
­Menu���
Calendar
Food Specials
{ Photos+
Lodging µ�
`Events
a YqN Email Us
^��
Sign up foraE Ne►ys1!
a Guest Book b
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Y° = V170 P o o FbITY Pd
From Asheboro:
Take the US-64/NC-49/Lexington/Charlotte/Douglas exit toward Albemarle Rd [I
go 0.2 mi
Turn on Albemarle Rd[NC-1713] - go 0.3 mi
Albemarle Rd becomes NC Highway 49 S[NC-49] - go 9.9 mi
Continue to follow NC-49 - go 15.0 mi
Turn R on Stokes Ferry Rd[NC-1004] - go 0.3 mi
From Charlotte:
Take NC-49 - from University area go 39.7 mi
http://www.atcripplecreek.com/map.htm 6/14/2007

map
Page 2 of 3
Turn L on Pineview Rd - go 0.4 mi
Turn R on Stokes Ferry Rd[NC-1004] - go 0.1 mi
From Salisbury:
Follow US-52S - go 14.2 mi
Turn L on NC Hwy 49[NC-49] - go 4.1 mi
Turn L on Pineview Rd - go 0.4 mi
Turn R on Stokes Ferry Rd[NC-1004] - go 0.1 mi
From Lexington:
Turn R on S Main St[US-70 Bus] - go 0.9 mi
Turn L on E 10th Ave[NC-8] - go 0.2 mi
Bear R to follow NC-8 - go 29.4 mi
Turn R on Stokes Ferry Rd[NC-1004] - go 0.3 mi
Here are your personalized direct!
they will get you to our sign on 49
17665 Stokes Ferry Rd., New London, NC 28127 Stokes Ferry Rd, New London, NC 28127
Please type in your location.
Address* J
City*
Zip or postalcode*
Country* USA ��
MapPoint
http://www.atcripplecreek.com/map.htm 6/14/2007

ROWAN COUNTY HEALTH DEPT. PHONE: 633-D43 3
PERMIT TO INSTAL SEPTIC TANK
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OF WATF9
wa:;
Michael F. Easley, Gove ngr1)_l (Y
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 25, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wayne Cassavaugh, Owner
Carolina Sand, Inc.
2440 Angus Lane
Lenoir, North Carolina 28645
Dear Mr. Cassavaugh:
7003 2260 0001.3494 6618
Subject: Violations of G.S. 143-215.1 and
General Permit No. NCG520009
Compliance Evaluation Inspection
Carolina Sand, Inc./Rowan County Site
Rowan County, N.C.
Tracking No. NOV-2006-SP-0026
Chapter 143, Article 21. of the North Carolina General Statutes (G. S.) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division 'of Water Quality has the delegated authority to
enforce adopted pollution control rules and regulations.
Enclosed please find copies of the Complaint Investigation and Compliance Evaluation
Inspection Reports for the inspection conducted on July 13, 2006 by Mr. Wes Bell of this office.
As a result of this inspection, the following conditions were found in violation of G.S. 143-215.1
and General Permit No. NCG520009:
The facility failed to monitor the effluent for settleable solids, turbidity, and flow
on fifteen (15) occasions from January 2004 through April 2006.
Please be advised that this report is being issued as a Notice of Violation (NOV) for the
violations of G.S. 143.215.1 and General Permit No. NCG520009. Also be advised that G.S.
143-215.6A provides for a civil penalty assessment of not more that twenty-five thousand
dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is
of a continuing nature, against any person who fails to abide by the conditions of the permit (G.S.
_A 143-215.1).
One
e � N"NhC � arolina
WDENR )vatura!!y
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterquality.ore 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper

Mr. Wayne Cassavaugh
Notice of Violation
July 25, 2006
To comply with the regulations it will be necessary to comply with all permit monitoring
requirements (twice per year) during the appropriate discharge events (Spring and Fall). A copy
of the sampling documentation should be kept on -site for future review.
. It is requested that you respond, in writing, to this Notice, indicating the actions you have
taken to ensure compliance with the monitoring requirements of the permit. Please address your
response to Mr. Bell by no later than August 15, 2006.
Should you have questions, please do not hesitate to contact Mr. Bell or me at (704) 663-
1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Attachment
cc: Rowan County Health Department

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST CENTER AVENUE/SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: July 13, 2006
4
INVESTIGATED BY: Wes Bell ' TIME SPENT: 2.0 hours
PLACE VISITED: Carolina Sand, Inc./Rowan County Dredging Site
PHYSICAL LOCATION: off Hannah's Ferry Road/Rowan County
RIVER BASIN: Yadkin -Pee Dee
REASON FOR VISIT: Investigation regarding illegal discharges of oil into the Yadkin River.
COPIES TO: Rowan County Health Department
REPORT:
On July 6, 2006, this office received a complaint regarding buried oil and diesel fuel
discharging into the Yadkin River from the Carolina Sand, Inc. dredging site off Hannah's Ferry
Road in Rowan County. Mr. Wes Bell of this office investigated the complaint on July 13, 2006.
Mr. Bell met with Mr. Ted Bledso, Site Manager, at the dredging site. No oil or diesel
fuel was observed discharging into the Yadkin River. Mr. Bledso indicated that there were no
underground storage tanks on -site and all equipment was refueled by a portable fuel tank.
The Division issued General Permit No. NCG520009 for this facility on August 1, 2002
(effective date) with an expiration date of July 31, 2007. The facility utilizes two sediment
basins in series prior to discharging into a tributary to the Yadkin River. The water within the
final settling basin did not appear turbid; however, the access to the outfall location was difficult
and needed maintenance. Mr. Bledso provided copies of chain of custody (COC) forms for
sampling events performed in April and September; however, the years were not documented.
Mr. Bell determined through conversations with the certified lab (Tri-Test) utilized by Mr.
Bledso that no samples had been collected and/or submitted for analysis since 2004. Note: Tri-
Test stores their data prior to 2004 at a separate storage facility; therefore, compliance with the
permit requirements was not determined from 2002 through 2004. Mr. Bledso performed the
effluent pH tests on -site; however, no flows had been measured as required by the Permit. The
facility had a total of fifteen (15) monitoring violations from January 2004 through April 2006.
Mr. Bell discussed the permit/regulatory requirements pertaining to the facility's General
Permit to Mr. Bledso and Mr. Wayne Cassavaugh, Owner. Mr. Bledso indicated that he would
contact the City of Salisbury's water/wastewater staff to assist him in future sampling events. A
follow-up investigation regarding compliance with the facility's General Permit may be
necessary by this office.

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 U NI 2 15I 31 NCG520009 111 121 06/07/13 117 181CI 191 c1 20I
U 1 —! U L_!
Remarks
211111 1111 1111 1111 1111 1111 11111111111111111111 1 Li6
Inspection Work Days Facility Self -Monitoring Evaluation Rating. B1 QA ------- ------------------- Reserved ----------------------
67I 1.0 169 70L21 71 L N I 721 N I 73I I 174 751 I I I I I I 180
W
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
01:45 PM 06/07/13
02/08/01
Carolina Sand Company Incorporated.
Exit Time/Date
Permit Expiration Date
Hannah Ferry Rd
Salisbury NC 28144
02:15 PM 06/07/13
07/07/31
Name(s) of Onsite Represehtative(s)/Titles(s)/Phorie and Fax Number(s)
Other Facility Data
Ted Bledso/Manager Site/704-637-0419 /
Name, Address of Responsible Official/Title/Phone and Fax Number
Wayne Cassavaugh,2440 Angus Ln Lenoir NC Contacted
28645//704-872-9566/82872B2992 No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Operations & Maintenance Records/Reports Self -Monitoring Program E Facility Site Review
Effluent/Receiving Waters Laboratory
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signatures) of Inspector(ss)� Agency/Office/Phone and Fax Numbers Date
Wesley N Bell �M, (/// MRO WQ//704-663-1699 Ext.231/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Delno R Gleason MRO WQ//704-663-1699 Ext.204/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

Permit: NCG520009
Inspection Date: 07/13/2006
Owner - Facility: Carolina Sand Company Incorporated
Inspection Type: Compliance Evaluation
Laboratory
Are field parameters performed by certified personnel or laboratory?
Are all other parameters(excluding field parameters) performed by a certified lab?
# Is the facility using a contract lab?
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)?
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?
Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees?
Comment: The facility had not obtained a field laboratory certification to perform the
on -site effluent pH analyses. The'facility staff have indicated that the City of Salisbury's
Grants Creek Regional WWTP Laboratory (#112) will be utilized for all future analyses
(including pH).
Effluent Sampling
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Is proper volume collected?
Is the tubing clean?
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees. Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type representative)?
Comment: The facility failed to sample (twice per year) for effluent settleable solids,
turbidity, and flow from January 2004 through April 2006 (fifteen total violations).
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
Yes No NA NE
❑n®n
■ ❑ ❑ ❑
.■❑❑❑
❑ ❑ ■ ❑
nn■❑
❑■nn
Yes No NA NE
■❑❑n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑
Judge, and other that are applicable?
Comment: The facility utilizes two sediment basins that are operated in series prior to
the effluent discharge. The water in the final sediment basin was not turbid. The facility
has not dredged since April 2006.
Effluent Pipe
Is right of way to the outfall properly maintained?
Are the receiving water free. of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment: The facility was not discharging at the time of the inspection. The
vegetation at and leading to the outfall location was excessive and needs to be
maintained/removed.
W-- ki- \IA !IC
❑ 0 ❑ ❑
nnen
Page # 3

Pub - I - fit- UNIhLA:VmNI
ApD kj3.[kTI°firJ- RESOURCES
OFFICE
AUG 1 6 2006
Carolina Sand Inc.
2440 Angus Lane
Lenoir, N. C. 28645
WATER R L u TI '
August 15, 2006
N. C. Department of Environment & Natural Resources
610 East Center Avenue, Suite 301
Mooresville, N. C. 28115
To: Wesley Bell
From: Wayne Cassavaugh
Subject: Water sampling Permit No.NCG520009
Wayne Cassavaugh has spoken with the Salisbury's water/wastewater staff and they will
assist (Teddy Bledsoe) in sampling the water through their Utilities Department.
If you have any questions please call me at 828-728-6815.
Thank You, 09.
6,
Wayne Cassavaugh

&' n � } �'�it x�i� �l? � i`�� � ➢-'T��F'i� i` '4•� y � 3�`� j "�'R ,
32
IiNd
t
Payment Remission i` Petition Collection Settlement r Related Cases comments Events
Sumrnary. Related Violations Penalty Assessed Review
®
Case Number: PC-2003-0313 NOV: Save
1
2
Permit: tfQ0016338 Details_.. SOC: AD: �CCteiails... Monitoring Report: [�eta;1_
cr a
3
Re ion: Mooresville County: Rowan
Facility: tichem Incorporated Residuals ReU Details.,. g ty:
-w _._._,w .
Owner: Alchern Incorporated _ Maintain... Incident: 200300022 � Details... Inspect Dt: Ptrj.i
GentralOffice Login Date:Comments: Payments received by AGO
...
9
318105- Payment received $203.30- ck# 20892
CentralOffice Contact MerrittDaryl 4r 1411J05- Payment received $203.30- ck.#20943.
10
Regional ContactBell Wesley N 15110105- Paymen r
Enforcement Contact:
Salutation for Letter: Imr. Andrews
Fat.12
Penalty Assessed Date: 08M W2003
Remission Request: C�--` �
EMC Hearin Date: -- --T--�
w
13
15
Letter Date: 0811812003
Remission Acknowledged:
Remission Amount:
16
_
Penalty Amount: 1$5600.00
Enf. Conf. Dater
--� W
EMC Results Received:17
Damages: 1$0.00
Remission Amount:
_19
Enforcement Cost: $398.28
Enf. Conf. Letter Date: —
2003
Petition in OAH: 09I16I20
21
Total Case Penalty: 1$5998.28
Facility Rcvd. Enf. Conf. Ltr.:
Remission Amount: $0-00
22
Facility Received F&D: JOW25f2003 7
Total Amount Due: $0.0�
Case to Collection:
-23
24
Response Due By: I0912412003
Total Amount Paid: F878.28
Settlement Requested: [0211312004
25
_......_
Case Glared w-Z7r1i1.91 D�
�€ _ o.-
26
27
Backe t r°t Finis, Cancel
Dr
Re
_ . Ready {Page 111 SID: ENCS

I i(-)Y COOPER
/VITORNEY GENLRAL
--Z
F lfll'O
fN�
State of North Carolina
Department Of h lciic'd-
?)(X) I M ail Service Center
RALEIGH, NORTH CAROLINA
27699X-K)O I
Rine 22, 2006
H. Addison Winters, Esq.
The Yarb01-QL1-h Law F11-111
Post Office Box 705
Fayetteville, North Carolina 28302.
1-"PR NOSECM',
A] chern, Inc., Randall Andrews. v. NCDENR, Division of Water Quality
Wake C01.111ty Superior COL11-t
File No. 05 CVS 012073
M,
Dear Ad:
Reply to:
Stormic D. Forte
Environmental Division
'I'd (9 19) 71 6-0000
Fa.x [phone]
Sllwidil 11cdoi.colil
vv
JUN 2 2000
I have enclosed a file -stamped C01)y of Ridge Stzinback's order dismissing your client's
Petition for Judicial Review. With best wishes and Nvarm.regards, I am
Very truly y01.11-S,
Stormie D. Forte
Assistant Attorney General
cc Shannon Thornburg,' Environmental Engineer, Division of Water Quality, w/enclosure
Ellen HLIffinan, Environmental Specialist, Mooresville Regional Office, Division of
Water -Quality, w/enclOSI.Ire

TH CAROLINA
AYE
`1N THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
05 (Vq ni ?m'1
200b k,"I' 2 2 A 10: 58
ALCHEM, INC., WA IA L C ii C )a ! Y ; C S C
RANDALL ANDREWS, )
Petitioner, )
V. )
N.C. DEPARTMENT OF ENVIRONMENT )
AND NATURAL RESOURCES, DIVISION )
OF WATER QUALITY )
Respondent. )
t
UPON consideration of the Petition for Judicial Review, heard on the 20`h day of June,
2006, the undersigned makes the following:
FINDINGS OF FACT
1. On December 22, 2004, the Respondent issued Petitioner Water Quality Permit
No. 0002702 (the Permit) pursuant to Water and Air Resources statutes, N.C. Gen. Stat.§ 143-
211 et. seq., N.C. Admin. Code tit. 15A, r.2B.0100 et. seq., and N.C. Admin. Code tit. 15A, r.
2H.0100 et. seq.
2. Petitioner received the cover letter and permit on or about January 18, 2005.
3. On May 2, 2005, Petitioner filed a petition for a Contested Case Hearing with the
Office of Administrative Hearings.
4. On May 25, 2005, Respondent filed a Motion to Dismiss the petition for lack of
subject matter jurisdiction.
5. On July 29, 2005, the Honorable Fred G. Morrison, Jr., granted Respondent's

matter.
;s.
i August 29, 2005, the Petitioner filed a Petition for Judicial Review in this
7. On October 13, 2005, Respondent filed a Motion to Dismiss the Petition for
Judicial Review.
8. On October 18, 2005, Petitioner filed a Response to the Motion to Dismiss.
9. On April 6, 2006 the Honorable John W. Smith heard oral arguments on the
Motion to Dismiss and denied the same. The Court did not reach or address the merits of the
underlying case in the Motion to Dismiss, therefore the order was interlocutory.
CONCLUSIONS OF LAW
1. This petition for judicial review is subject to dismissal pursuant to N.C.Gen. Stat.
§ lA-1, Rule 41(b).
2. N.C. Gen. Stat. §15013-23(a) requires that a contested case petition state facts to
establish that the agency named as the Respondent either exceeded its authority or jurisdiction;
acted erroneously; failed to use proper procedure; acted arbitrarily or capriciously; or failed to
act as required by law or rule.
3. Petitioner failed to allege any wrongdoing on the part of Respondent as mandated
by N.C..Gen. Stat. § 150B-23(a), Petitioner has failed to state a claim upon which relief can be
granted by the Office of Administrative Hearings.
4. N.C. Gen. Stat. § 143-215.1(e) requires that a permit applicant or permittee
commence a contested case by filing a petition under N.C. Gen. Stat. § 150B-23 within 30 days
after being notified of the Commission's decision. If the permittee does not file a petition with
the within the required time, the Commission's decision is final.

' 5. Petitioner received notice of the 30 day time frame to file the petition in the. covet -
letter transmitted with the permit on December 22, 2004.
6. Petitioner acknowledges receiving the cover letter and permit on January 18,
2005.
7. Petitioner filed the Petition with the Office of Administrative Hearings on April
29, 2005, which was 90 days after receiving notice of the Commission's decision.
8. The Office of Administrative Hearings lacked subject matter jurisdiction to hear
the petition based on the Petitioner's late filing pursuant to N.C.Gen. Stat. § IA-1, Rule 12(b)1,
N.C. Gen. Stat. § 143-215.1(e) and N.C. Gen. Stat. § 15013-23(o.
Therefore, the undersigned, DISMISSES, the Petition for Judicial Review.
F
This is the 201h day of June, 2006.
Presiding Superior Court Judge

ROY COOPER
ATTORNEY GENERAL
V
Sean C. Walker, Esq.
State of North Carolina
Department of Justice
9001 Mail Service Center
RALEIGH, NORTH CAROLINA
27699-(" 1
July 29, 2004
Woodson, Sayers, Lawther, Short, Parrott & Walker, L.L.P.
Attorneys and Counselors at Law
Post Office Box 829
Salisbury, North Carolina 28145-0829
Reply to:
Stormie D. Forte
Environmental Division
67®66��. t'�kjV c
Fax (919) 716
[e-mail] ,;
Re: Alchem, Inc., Wayne D. Drye. v. NCDENR Division of Water Quality
Office of Administrative Hearings -
File No. 03 EHR 1587
Dear Mr. Walker:
._ I: am.writing regarding the Settlement Agreement that was previously executed and filed
in this matter. As you are aware, we agreed to suspend the terms of the agreement regarding
payment of the Civil Penalty until the issue of the Motion to Intervene was resolved. Judge Mann
denied the motion. Therefore, the Settlement Agreement is considered properly filed and its
terms may be implemented.
We are requesting the first monthly payment, in the amount of $203.30 be made by
August 15, 2004. Each subsequent payment is due by the first day of each month for twenty three
(23) consecutive months: The final payment will be due on or before July 1, 2006.
If you have any additional questions or concerns, please feel free to contact me. With best
wishes, I am
Very truly ours,
Stormie D. Forte
Associate Attorney General
cc �'�ex Gles:nt`er;Qa`lit%`legioiial'Supervsor�Mooresille�RegFional Office
Wes Bell, Environmental Engineer, Mooresville Regional Office -

W�.
0FWATFR
A �G
� r
o -c
Wayne Drye, Plant Manager
Alchem, Inc.
8135 Red Rd
Rockwell, NC 28138
AUG 2 2 2005
SUBJECT: Assessment of Civil Penalties
for Violation of Permit Conditions
Permit # WQ0016338
Rowan County
File No. PC-2003-0313
Dear Mr. Andrews:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
This letter transmits notice of a civil penalty assessed against Alchem Incorporated Residuals
Reuse Program in the amount of $ 5998.28 which includes $ 398.28 in investigative costs.
Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include the
attached waiver form if making payment.
Please send payment to the attention of:
Mr. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal OpportunityI Affirmative Action Employer
50 % recycled/ 10% post -consumer paper
http✓/h2o. enr. state. nc. us

2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such
a request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be
submitted in writing. The Director of the Division of the Division of Water Quality will review
your evidence and inform you of his decision in the matter of your remission request. The
response will provide details regarding the case status, directions for payment, and provision for
further appeal of the penalty to the Environmental Management Commission's Committee on
Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
11
Non -Discharge Compliance/Enforcement Unit
Division of Water Quality
16'17 Mail Service Center
Raleigh, NC 27699-1617

Rex Gleason
919 North Main Street
Mooresville, NC 28115
Me'
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601 .
Non -Discharge Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number (as found on page one of this letter) on the petition.

Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection of the penalty through a civil
action. Please be advised that additional penalties may be assessed for violations that occur after
the review period of this assessment.
If you have any questions, please contact Mr. Daryl Merritt at [phone], extension 581.
Sincerely,
Kent Wiggins, Acting Supervisor
Non -Discharge Compliance and Enforcement Unit
attachments
cc: �I/Iorresvi'1' e Regionaffic
Enforcement File
Central Files

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
` NATURAL RESOURCES
COUNTY OF ROWAN
File No. PC-2003-0313
IN THE MATTER OF )
ALCHEM, INC. )
FINDINGS AND DECISION
FOR VIOLATION OF ) AND ASSESSMENT OF
NON -DISCHARGE PERMIT WQ0016338 ) CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent
Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. ALCHEM, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. ALCHEM, Inc. operates a bauxite residuals reuse program (as structural fill) on
ALCHEM, Inc.'s property, which is located at 8135 Red Road in Rockwell, North
Carolina.
C. On January 21, 1999, ALCHEM, Inc. was issued Permit No. WQ0016338,
effective January 21, 1999, with an expiration date on December 31, 2004.
D. Permit No. WQ0016338 issued to ALCHEM, Inc. contained the following
conditions:
Part I., Section 1, Performance Standards
The residuals program shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of any wastes resulting from the
operation of this program.
Part H, Section 3, Operation and Maintenance Requirements
Adequate provisions shall be taken to prevent wind erosion and surface runoff

V.
from conveying pollutants from the residuals treatment area onto the adjacent
property or into any surface waters.
Part III (Monitoring/Reporting Req.$), Section 6, Noncompliance Notification
The permittee shall report by telephone to the Mooresville Regional Office,
telephone number [phone], as soon as possible, but in no case more than
24 hours or on the next working day following the occurrence or first knowledge
of the occurrence of any of the following:
Any failure of the reuse program resulting in a release of material to receiving
waters.
Persons reporting such occurrences by telephone shall also file a written report in
letter form within five (5) days following first knowledge of the occurrence.
E. The surface water quality standard for pH is between 6 — 9 s.u., as set forth in 15A
NCAC 2B .0211 -(3)(g).
F. On April 30 and May 8, 2003, DWQ/MRO investigations had determined that the
runoff from ALCHEM, Inc.'s residual storage area had impacted up to 500 linear
feet of a tributary to Second Creek and the riparian areas of two adjacent private
properties. Inadequate erosion control measures were observed at ALCHEM,
Inc.'s residual storage area. DWQ/MRO staff measured up to 24 inches of
residual deposition in the tributary and up to 12 inches throughout the riparian
areas. A sediment basin (at the residual storage area) was observed discharging
into the tributary during both site investigations. Several pH measurements of the
impacted tributary were measured in the range of 4.15 s.u. to 4.22 s.u. and the pH
of the sediment basin discharge was measured at 3.86 s.u. Both discharges had
caused the instream pH to fall below the 6 — 9 s.u. pH stream standard range for
Class C Waters. The release of the residuals into the tributary was never reported
to DWQ/MRO.
G. On May 12, 2003, DWQ/MRO orginally issued a Notice of Violation and Notice
of Recommendation for Enforcement to ALCHEM, Inc., for violations of
conditions of Permit No. WQ0002702 and surface water quality standards. Upon
DWQ/MRO's further investigation it was found that the referenced permit
ID
number was incorrect. On May 14, 2003, DWQ/MRO issued a clarification letter
that had corrected the referenced permit number to WQ0016338.
H. ALCHEM, Inc. was issued a NOV on January 15, 2002 for the failure to submit
the required monitoring reports stipulated in Section III, Parts 3 and 4 of Permit
No. WQ0016338. y
I. The cost to the State of the enforcement procedures in this matter totaled $398.28.
Based upon the above Findings of Fact, I make the following:
km

H. CONCLUSIONS OF LAW:
A. ALCHEM, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Permit No. WQ0016338 is required by G.S. 143-215.1.
C. ALCHEM, Inc. violated G.S. 143-215.1 and Permit No. WQ0016338 by
not properly operating and maintaining the facility as a non-discharg6
facility.
D. ALCHEM, Inc. violated G.S. 143-215.1 and Permit No. WQ0016338 by
failing to provide adequate provisions to prevent surface runoff from
conveying pollutants from the residuals treatment area onto adjacent
property or into surface waters.
E. ALCHEM, Inc. violated G.S. 143-215.1 and Permit No. WQ0016338 by
failing to notify this office of the residuals release into the receiving
stream.
F. ALCHEM, Inc. violated the pH water quality stream standard pursuant to
15A NCAC 2B .0211(3)(g).
G. ALCHEM, Inc., may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more
than twenty-five thousand dollars ($25,000) per violation per day may be
assessed against a person who is required but fails to apply for or to secure
a permit required by G.S. 143-215.1, or who violates or fails to act in
accordance with the terms, conditions, or requirements of such permit or
any other permit or certification issued pursuant to authority conferred by
this part.
H. ALCHEM, Inc., may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more
than twenty-five thousand dollars ($25,000) per violation per day may be
assessed against a person who violates any classification, standard,
limitation, or management practice established pursuant to G.S. 143-215,
143-215.1, or 143-215.3.
I. The State's enforcement cost in this matter may be assessed against
ALCHEM, Inc., pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-
282(b)(8).
The Acting Supervisor of the Non -Discharge Compliance and
Enforcement Unit, Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural

the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, ALCHEM, Inc. is hereby assessed a civil penalty of:
$zo O for _� of one violation for failure to properly operate and maintain
the facility as a non -discharge facility to prevent the discharge of any
wastes resulting from the operation of this program as required by Part I,
Section 1 of Permit No. WQ0016338.
$ ,�200 for _� of one violation for failure to provide adequate provisions as
to prevent surface runoff from conveying pollutants from the residuals
treatment area onto adjacent property or into surface waters as required by
Part II, Section 3 of Permit No. WQ0016338.
6) for of one violation for failure to provide notification to the MRO
of the failure of the reuse program resulting in a release of material to
receiving waters as required by Part III, Section 6 of Permit No.
WQ0016338.
$,dDa for of three violations of the pH stream standard pursuant to 15A
NCAC 2B .0211(3)(g).
$cf 7" Enforcement Costs
$4-22�Ro?�0TAL AMOUNT DUE
As required by G.S. 143-215:6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S. 143B-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from the violation(s);
(2) The duration and gravity of the violation(s);
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) . Whether the violation(s) was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has
regulatory authority; and
(8) The cost to the State of the enforcement procedures.

AA
(Date) J. Kent Wiggins; Act' ervisor
Non -Discharge Co ce and Enforcement Unit
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Rowan
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. W00016338 ) STIPULATION OF FACTS
FILE NO. PC-2003-0313
Having been assessed civil penalties totaling $ 5,998.28 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated, 08/18/2003 , the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2003-0313 County: Rowan
Assessed Party: Alchem, Inc.
Permit No. (if applicable): WQ0016338 Amount Assessed: $ 5,998.28
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty.. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request .for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

DIVISION OF WATER QUALITY
June 24, 2003
MEMORANDUM TO: Jeffrey O. Poupart
FROM: D. Rex Gleason
PREPARED BY: Wes Bell kAA
SUBJECT: Enforcement Recommendation
ALCHEM, Inc.
.Violation of N.C.G.S. 143-215.1,
15A NCAC 2B .0211(3)(g), and
Non -Discharge Permit No. WQ0016338
Rowan County, N.C.—
Attached is an enforcement report which details violations of N.C.G.S. 143-215.1, 15A
NCAC 2B .0211(3)(g), and Permit No. WQ0016338. Also enclosed is ALCHEM, Inc.'s response
letter to the Notice of Recommendation for Enforcement, MRO's NOV/NRE and clarification
letters, and several complaint investigations previously performed by this Office. Based upon our
review of the response, an enforcement action is still recommended.
If you have questions or require additional information, please contact Wes or me.
Attachments

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF.ALCHEM, INC.
FOR VIOLATIONS OF:
N.C.G.S. 143-215.1,
15A NCAC 2B .0211(3 (g), AND
PERMIT CONDITIONS OF
NON -DISCHARGE PERMIT NO
WQ00163 3 8
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
File No. PC/SS
FINDINGS AND DECISIONS AND
ASSESSMENT OF CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of Water Quality, I, Jeffrey O. Poupart,
Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water
Quality (DWQ), make the following:
I. FINDING OF FACT:
A. ALCHEM, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. ALCHEM, Inc. operates a bauxite residuals reuse program (as structural fill) on
ALCHEM, Inc.'s property, which is located at 8135 Red Road in Rockwell, North
Carolina.
C. On January 21, 1999, ALCHEM, Inc. was issued Permit No. WQ0016338,
effective January 21, 1999, with an expiration date on December 31, 2004.
D. Permit No. WQ0016338 issued to ALCHEM, Inc. contained the following
conditions:
Part I., Section 1, Performance Standards
The residuals program shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of any wastes resulting from the
operation of this program.
Part II, Section 3, Operation and Maintenance Requirements
Adequate provisions shall betaken to prevent wind erosion and surface runoff
from conveying pollutants from the residuals treatment area onto the adjacent
property or into any surface waters.

ALCHEM, Inc.
Findings and Decisions
Page Two
Part III (Monitoring/Reporting Req.$), Section 6, Noncompliance Notification
The permittee shall report by telephone to the Mooresville Regional Office,
telephone number (704)663-16.99; as soon as possible, but in no case more than 24
hours or on the next working day following the occurrence or first knowledge of
the occurrence of any of the following:
Any failure of the reuse program resulting in a release of material to receiving
waters.
Persons reporting such occurrences by telephone shall also file a written report in
letter form within five (5) days following first knowledge of the occurrence.
E. The surface water quality standard for pH is between 6 — 9 s.u., as set forth in 15A
NCAC 213.0211 (3)(g).
F. On April 30 and May 8, 2003, DWQ/MRO investigations had determined that the
runoff from ALCHEM, Inc.'s residual storage area had impacted up to 500 linear
feet of a tributary to Second Creek and the riparian areas of two adjacent private
properties. Inadequate erosion control measures were observed at ALCHEM,
Inc.'s residual storage area. DWQ/MRO staff measured up to 24 inches of
residual deposition in the tributary and up to 12 inches throughout the riparian
areas. A sediment basin (at the residual storage area) was observed discharging
into the tributary during both site investigations. Several pH measurements of the
impacted tributary were measured in the range of 4.15 s.u. to 4.22 s.u. and the pH
of the sediment basin discharge was measured at 3.86 s.u. Both discharges had
caused the instream pH to fall below the 6 — 9 s.u. pH stream standard range for
Class C Waters. The release of the residuals into the tributary was never reported
to DWQ/MRO.
G. On May 12, 2003, DWQ/MRO orginally issued a Notice of Violation and Notice
of Recommendation for Enforcement to ALCHEM, Inc., for violations of
conditions of Permit No.- WQ0002702 and surface water quality standards. Upon
DWQ/MRO's fiirther investigation it was found that the referenced permit number
was incorrect. On May_ 14, 2003, DWQ/MRO issued a clarification letter that had
corrected the referenced permit number to WQ0016338.
H. ALCHEM, Inc. was issued a NOV on January 15, 2002 for the failure to submit
the required monitoring reports stipulated in Section III, Parts 3 and 4 of Permit
No. WQ0016338.

ALCHEM, Inc.
Findings and Decisions
Page Three
The cost to the State of the enforcement procedures in this matter totaled $398.28.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. ALCHEM, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Permit No. WQ0016338 is required by G.S. 143-215.1.
C. ALCHEM, Inc. violated G.S. 143-215.1 and Permit No. WQ0016338 by
not properly operating and maintaining the facility as a non -discharge
facility.
E. ALCHEM, Inc. violated G.S. 143-215.1 and Permit No. WQ0016338 by
failing to provide adequate provisions to prevent surface runoff from
conveying pollutants from the residuals treatment area onto adjacent
property or into surface waters.
F. ALCHEM, Inc. violated G.S. 143-215.1 and Permit No. WQ0016338 by
failing to notify this office of the residuals release into the receiving stream.
D. ALCHEM, Inc. violated the pH water quality stream standard pursuant to
15A NCAC 2B .0211(3)(g).
E. ALCHEM, Inc., may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more
than twenty-five thousand dollars ($25,000) per violation per day may be
assessed against a person who is required but fails to apply for or to secure
a permit required by G.S. 143-215.1, or who violates or fails to act in
accordance with the terms, conditions, or requirements of such permit or
any other permit or certification issued pursuant to authority conferred by
this part.
F. ALCHEM, Inc., may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more -
than twenty-five thousand dollars ($25,000) per violation per day may be
assessed against a person who violates any classification, standard,
limitation, or management practice established pursuant to G.S. 143-215,
143-215.1, or 143-215.3.

ALCHEM, Inc.
Findings and Decisions
Page Four
G. The State's enforcement cost in this matter may be assessed against
ALCHEM, Inc., pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-
282(b)(8).
H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources and
the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter. I
Based upon the above Findings of Fact and Conclusions of Law, I make the
following:
III. DECISION:
Accordingly, ALCHEM, Inc. is hereby assessed a civil penalty of
$ for of one violation for failure to properly operate and
maintain the facility as a non -discharge facility to prevent the
discharge of any wastes resulting from the. operation of this
program as required by Part I , Section 1 of Permit No.
WQ0016338.
$ for of one violation for failure to provide adequate
provisions as to prevent surface runoff from conveying pollutants
from the residuals treatment area onto adjacent property or into
surface waters as required by Part II, Section 3 of Permit No.
WQ001633 8.
$ for of one violation for failure to provide notification to
the MRO of the failure of the reuse program resulting in a release
of material to receiving waters as required by Part III, Section- 6 of
Permit No. WQ0016338.
$ for of three violations of the pH stream standard pursuant
to' 15A NCAC 2B .0211(3)(g).
$ TOTAL CIVIL PENALTY, which is percent of the maximum
penalty authorized by G.S. 143-215.88A.
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have
taken into account the Findings of Fact and Conclusions of Law and the factors set forth
at G.S. 143 B-2 82. 1 (b), which are:

L
ALCHEM, Inc.
Findings and Decisions
Page Five
(1) The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from the violation(s);
(2) The duration and gravity of the violation(s);
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation(s) was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has
regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Date Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

9
ATTACHMENT A
Date Location Results
May 8, 2003 40-50 ft. downstream 4.22s.u.
May 8, 2003 100-200 ft..downstream 4.22 s.u.
May 8, 2003 400-500 ft. downstream 4.15 s.u.
May 8, 2003 sediment basin discharge* 3.86 s.u.
* located on ALCHEM, Inc.'s property

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (PC/SS) Permit Condition/Stream Standard Violations
Violator: ALCHEM, Inc.
Address: 8135 Red Road
Rockwell, North Carolina 28135
Registered. Agent: Mr. Randall F. Andrews, President
Address: 2042 Buie Philadelphus Road
Red Springs, North Carolina 28377
Regional Office: Mooresville
1. The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violations:
Impacts to the tributary to Second Creek and adjacent private properties occurred from the
runoff of the residuals and the sediment basin discharges from the ALCHEM, Inc. residual
storage site. The two private properties (riparian areas) contained large accumulations of
residuals (sandbar appearance) in several locations with measurements up to twelve (12)
inches. The residuals had impacted up to 500 hear feet of stream. Specifically, twelve (12)
to twenty-four (24) inches of deposition was measured throughout the impacted portion of
the tributary. The tributary's pH was nearly 100 times more acidic than the upstream
(unaffected) section due to the deposited residuals and the sediment basin discharges.
2. The duration and gravity of the violations:
The discharges appeared to have occurred over several months.
3. The effect on ground or surface water quantity or quality or on air quality:
The riparian areas/private properties had residual deposition up to twelve (12) inches and the .
stream had residual deposition up to twenty-four (24) inches. As such, no aquatic life was
found due to the stream being covered by the runoff of the residuals. The impacted portion
of the tributary was nearly 100 times more acidic (than the upstream/unaffected portion) due
.-Jo the residual deposition and sediment basin discharges. 4
4. The cost of rectifying the damage:
.According to ALCHEM, Inc.'s response letter, the cleanup activities were estimated - at
$6&,250.00. The cleanup activities incorporated by ALCHEM, Inc. have not been completed;
therefore, the official amount could not be determined.

5.
0
7.
8.
a
0]
The amount of money saved by noncompliance:
None could be determined; however, money could have been saved by facility's failure to
incorporate the appropriate erosion control measures.
Whether the violations were committed willfully or intentionally:
The violations did not appear to be willful or intentional; however, the Non -Discharge Permit
clearly indicates the conditions for compliance.
The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority:
A NOV was issued on January 15, 2002 by DWQ/MRO for the. failure to submit the required
monitoring reports stipulated in Section III, Parts 3 and 4 of Permit No. WQ0016338. A
NOV was issued by DWQ/MRO on October 25, 1990 regarding an illegal discharge
(overflow) from one of the settling lagoons. The stream's pH was analyzed by MRO staff
and was below the minimum water quality stream standard (less than 6.0 s.u.). On May 30,
1986, DWQ/MRO staff observed a black pipe in the stream for the removal of alum sludge
that had accumulated in the stream. No NOV was issued. A complaint report dated
December 30, 1985 detailed several site visits conducted by MRO staff regarding the
conditions of the unnamed tributary adjacent to ALCHEM, Inc. that included: elevated
aluminum/zinc/iron levels and a white floc that had covered the stream bottom In addition,
the investigations revealed very low pH measurements in a catch basin (< 2.0 with litmus
paper) that had collected stormwater and residual runoff from the ALCHEM, Inc. facility
(See attached reports)..
The cost to the State of the enforcement procedures:
Central Office Review and Processing = $100.00
14 hours by investigators for investigating and
drafting report @ $17.38/hour = $243.32
1.0 hour by Water Quality Regional Supervisor
for review @ $39:96/hour. _ $ 39.96
1.0 hour for clerical support @ $15.00/hour = $ 15.00
TOTAL = $398.28
Type of violator and general nature of business (i.e. individual vs. large corporation):
ALCHEM, Inc. is a business-iiivolved with the production of alum (aluminum sulfate) that
is utilized as a settling aid -.for water treatment facilities.
Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
The facility has been cooperative regarding corrective actions.

H
11. Mitigating Circumstances:
Permit No. WQ0016338 requires the residuals (utilized as a fill material) to be analyzed twice
per year. A review of the analyses revealed pH values in the ranges of 3.2 s.u. to 3.8 s.u. The
pH of the. sediment basin discharge '(containing residuals and stormwater runoff was
measured at 3.86 s.u. (on May .8, 2003). The residuals appear to contain sulfuric acid
resulting from the bauxite digestion process.
12. Assessment Factors:
a. IWC: N/A
b. Receiving Stream: unnamed tributary to Second Creek (Class C Water)
C. SOC/JOC status/negotiations: N/A
e.. Copy of Permit: Attached
f. Damage: Stream standard violations, sedimentation impacts to the tributary and
private property (riparian areas)

u
1 CERTIFICATION PAGE
I certify that the information in this report is true to the best of my knowledge.
All violations of self -monitoring data have been verified by hard copy review of the
monthly reports (if applicable)..and the appropriate permit (if applicable).
Signature of Principle- Investigator(s):
Wesley N. Bell, Environmental Tech. IV
Date: �i 05

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.oFwArER -�L
• Uj 7 Michael F. Easley, Govemor
> , r William G. Ross, Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
May 14, 2003
Mr. Wayne Drye, Plant Manager
ALCHEM, Inc.
8135 Red Road
Rockwell, North Carolina 28138
Subject: Permit Number Correction
NOV/NRE
ALCHEM, Inc.
Rowan County, N.C.
Dear Mr. Drye:
Our records indicate that your facility has been issued two Non -Discharge Permits (WQ0016338
and WQ0002702) with the same effective (January 21, 1999) and expiration (December 31, 2004) dates.
However, the referenced permit number in the NOV/NRE report was mistakenly printed as WQ0002702.
Please note that the permit number should have been WQ0016338 (which was incorrectly listed and
submitted to the permittee, Randall Andrews, and our office as WQ0016388). The permit conditions
referenced in the NOV/NRE report were cited from Permit No. WQ0016338. We apologize for any
inconvenience this may have caused.
Should you have questions, please do not hesitate -to contact Mr. Wes Bell or me at (704) 663-
1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachments
cc: Rowan County Health Department
�HCNE [phone] Mooresville Regional Office, 919 North Main Street, Mooresville. NC 28115 NDENR
=AX [phone] Customer Service

�oF ,� A
rFgQ
Michael F. Easley, Governor
> r William G. Ross, Jr.,Secretary
'1 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
May 12, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wayne Drye, Plant Manager
ALCHEM, Inc.
8135 Red Road
Rockwell, North Carolina 28138
Subject: Notice of Violation/Notice of
Recommendation for Enforcement
ALCHEM, Inc.
Illegal Discharge/Permit Violations/
Surface Water Quality Standard Violations
Permit No. WQ0002702
Rowan County. N.C.
Dear Mr. Drve:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and directs the
Environmental Management Commission of this Department to protect and preserve the water resources of
the State. The Division of Water Quality (DWQ) has the delegated authority to enforce adopted pollution
control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation conducted
on April 30, 2003 by Mr. Wes Bell of this Office. As a result of this investigation, the following
conditions were found in violation of North Carolina General Statute (NCGS) 143-215.1, 15A North
Carolina Administrative Code (NCAC) 2B .0211 (2), (3)(c) and (g), and Non -Discharge Permit No.
WQ0002702:
The facility's storage area for its fill material.had discharged into a
drainage/wooded area and an intermittent stream. The intermittent stream
was observed covered (up to 24 inches) with the fill material for a total
distance of approximately 400-500 feet (upstream and downstream of
Medium Road). The upstream pH value was 6.04 sm. and the
downstream pH values (following the discharges) ranged from 4.15 s.u. to
4.22 s.u. The facility impaired/removed the suitability of the stream for
aquatic life and propagation and maintenance of biological integrity,
wildlife, and secondary recreation. The permittee failed to 1) properly
operate and maintain the facility as a non -discharge facility, 2) cease reuse
operation once nuisance conditions existed, 3) provide adequate
provisions to prevent surface runoff from conveying pollutants into
surface waters, and 4) notify this office of the residuals release into the
receiving stream.
Wom
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 NCDENR
:)HONE [phone]
=AX l ii 04) 6,33-6040 Customer Service
i Rnn F,7,z_77dR

Mr. Wayne Drye
NOV/NRE
Pape Two
Please be advised that this report is being issued as a Notice of Violation (NOV) and Notice of
Recommendation for Enforcement for the violations of NCGS 143-215.1, 15A NCAC 213 .0211 (2), (3)(c)
and (g), and Non -Discharge Permit No. WQ0002702. Be advised that NCGS 143-215.6A provides for a
civil penalty assessment of not more that twenty-five thousand dollars ($25,000.00), or twenty-five
thousand dollars ($25,000.00) per day when the violation is of a continuing nature, against any person who
fails to abide by the conditions of the permit and who fails to apply for or to secure a permit required by
NCGS 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that
may result from the unpermitted discharge.
It is requested that you respond, in writing, within twenty days following receipt of this Notice.
The response should address the measures taken to collect and remove the fill material, and efforts to
restore all affected areas. Measures taken to prevent future discharges should also be discussed.
This letter is also to advise you that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality for the discharge of the fill material
into a stream, water quality stream standard violations (pH and best usage), and the facility's failure to
abide by the conditions of Permit No. WQ0002702. If you have an explanation for the violations that you
wish to present, please include same in the requested response. Your explanation will be reviewed and if
an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along
with the enforcement package for his consideration. `
To comply with the regulations, it will be necessary to collect and remove all of the fill material (in
the stream and drainage/wooded areas) and restore all affected areas as nearly as may be to the conditions
existing prior to the discharge.
,Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachments
cc: Rowan County Health Department
ON

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: April 30, 2003
INVESTIGATED BY: Wes Bell TIME SPENT: 2.0 hours
PLACE VISITED: ALCHEM, Inc. Business Site
PHYSICAL LOCATION: Rockwell, Rowan County
MAILING ADDRESS: 8135 Red Road
Rockwell, N.C. 28138
TELEPHONE #: [phone]
RIVER BASIN: Yadkin -Pee Dee
PERSONS CONTACTED: Mr. Wayne Drye, Plant Manager, On -site Employees
REASON FOR VISIT: Investigation of complaint regarding discharge of a white substance into
a drainage/wooded area and creek
COPIES TO: Rowan County Health Department
REPORT:
On April 29, 2003, this office received a complaint that a white substance from
ALCHEM, Inc. had been discharsed into a drainage/wooded area and intermittent stream in
Rockwell, Rowan County.- The complaint was investigated by Wes Bell of this office on April
30, 2003.
Mr. Bell arrived at a residence below ALCHEM, Inc. adjacent to.Medium Road. Mr. Bell
observed large accumulations of a white, granular material (sand -appearance) throughout the
drainage/wooded area. In addition, this white substance had completely covered the bottom of an
intermittent stream (unnamed tributary to Second Creek - Class C Stream) for approximately
200-300 feet (upstream of Medium Road). The intermittent stream was observed free -flowing on -
top of the. white substance at the time of the investigation.
Mr. Bell traced the white material (upstream) throughout the drainage/wooded area and
intermittent stream to a large storage area containing this white material. The material appeared
to be used as a fill material. This fill material appeared to have covered an area between three to
five acres. The fill area had been severely eroded allowing the material to flow across a sediment
basin and silt fence into the drainage/wooded area. The white substance (combined with a clay)
had eroded/discharged into the intermittent stream in several locations. The permittee did not
appear to have incorporated appropriate erosion control measures to contain the material.

Complaint Investigation
Page Two
Mr. Bell met with the ALCHEM, Inc. on -site employees. Mr. Bell escorted one of the
employees to the affected drainage/wooded area and intermittent stream. While at the facility,
Mr. Bell observed two lagoons adjacent to the fill material. The employee indicated that the two
lagoons were part of a wastewater reuse system. A third lagoon on -site was utilized as a backup.
Bauxite (aluminum ore) is transported to ALCHEM via railcart. The bauxite is mixed
with silica sand (80% bauxite and 20% silica sand), and made into a slurry via water additions.
Sulfuric acid is added to the bauxite slurry (to .create the finished product - aluminum sulfate) and
a polymer is then added to aide in settling/removal of the sand. The sand is removed and rinsed
three times with water (to remove the aluminum) prior to discharging the sand/water mixture into
the lagoon system. The sand is removed from the lagoons and used as a fill material. The water
is also reused in the process. Mr. Bell was informed by the on -site employee that the facility
monitors two on -site groundwater monitoring wells as well as the fill material. Mr. Bell
reviewed the facility's permit requirements on -site and at this office.
Mr. Bell determined that ALCHEM, Inc. was issued Permit No. WQ0002702 by the
Division for the on -site reuse of silica residuals from bauxite digestion as a fill material. The
-Permit became effective on January 21, 1999 and expires on December 21, 2004. The Permit
authorizes the usage of 3,,000 tons per year of residual to be used as a fill material on the
company's property from the bauxite residuals reuse program. The facility failed to comply with
the conditions of their permit. Specifically, the facility failed to 1) properly operate and maintain
the facility as a non -discharge facility, 2) cease reuse operation once nuisance conditions existed.
3) provide adequate provisions to prevent surface runoff from conveying pollutants into surface
waters, and 4) notify this office of the residuals release into receiving waters. The accumulation
of the fill material in the stream impacted/removed the suitability of the waters for aquatic life
and maintenance of biological integrity, wildlife, secondary recreation, and agriculture, which is
a violation of 15A North Carolina Administrative Code (NCAC) 2B .0211 (2) and (3)(c).
Messrs. Bell and Alan Johnson (of this office) revisited the drainage/wooded areas and
intermittent stream upstream and downstream of Medium Road on 5/8/03. Mr. Bell sampled the .
intermittent stream for pH above and below the. impacted areas throughout the intermittent,.
stream. The upstream -pH value was 6.04 s.u. and the downstream pH -values ranged from 4.15 to
4.22 s.u. A pH value of 4.22 s.u. was recorded at the most distant downstream sampling location
(100-150 feet downstream of Medium Road). The facility's discharge of the fill material into the
stream caused a surface water quality pH standard violation. The standard for Class C Waters is
between the 6-9 s.u. (Reference 15A NCAC 2B .0211(3)(g). Large accumulations of the fill
material were also observed throughout the drainage/wooded area at this downstream location.
Mr. Bell analyzed the pH of the accumulated water in the sediment basin adjacent to the fill
material. The pH value was 3.86 s.u—The sediment basin was discharging into the intermittent
stream at the time of this investigation. Mr. Johnson's measurements of the accumulations in the
stream channel showed . a depth of up to twenty-four inches. Mr. Johnson also measured
accumulations up to twelve inches throughout the drainage/wooded areas (upstream and
downstream of Medium Road). y

Complaint Investigation
Page Three
Mr. Wayne Drye, Plant Manager, contacted Mr. Bell via telephone regarding the
investigation. Mr. Bell informed Mr. Drye of the findings and environmental regulations
relevant to the investigation. In addition, Mr. Bell informed Mr. Drye that the Division of Land
Resources' Land Quality Section would be -notified regarding the inadequate erosion and control
measures. Mr. Drye and his staff were very cooperative and helpful throughout this
investigation. A follow-up investigation by this office may be necessary to verify adequate
remedial actions.

w A �te2
G Michael F. Easley. Governor
r William G. Ross. Jr..Secretary
North Carolina Department of Environment and Natural Resources
✓ C� Alan W. Klimek. P.E.. Director
Division of Water Quality
May 12, 2003
Mr. Larry Samples
8470 Medium Road
Rockwell, North Carolina 28138
Subject: Complaint Investigation
ALCHEM, Inc./Ille2al Discharge
Rowan County, N.C.
Dear Mr. Samples:
Attached is a copy of the Report of Investigation prepared by Mr. Wes Bell of this Office
regarding your complaint of a discharge of a white substance into a drainage/wooded area and creek.
The complaint was received by this office on April 29, 2003.
The report should be self-explanatory; however, if you have any questions concerning this
report, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachment
cc: Rowan County Health Department
M.
'HONE 1704) 663-1699 Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115
=AX 704) 663-6040
ASM
NCDE R
Customer Service
1 800 623-7/748

AILCHEM, INC.
Corporate Office
2042 Buie Philadelphus Road
Red Springs, NC 28377
Tel. 9io-843-2121 - Fax 9io-843-5789 /
[e-mail]
May 28, 2003
Mr. D. Rex Gleason
Water Quality Regional Supervisor
NCDENR
919 North Main Street
Mooresville, NC 28115
Dear Mr. Gleason:
44-111
Sales and Manufacturin
8185 Red Road
Rockwell, NC 28138
Tel. [phone]o8 - Fax [phone]
[e-mail] -
R E C"" E I V Ff
MAY ? " 2003-
HC DEPT Ut ZAVIkONMEN
ARID RdATURAL RESOURCES
A10pRESVILLE REGIONAL OFFICE
Thank you for your letter of May 12, 2003. I am very sorry about this problem.
Please rest assured that we do not take our responsibilities in this matter lightly.
We certainly want to do everything that we can humanly do to arrange for a long-
term solution. I would like to outline for you as best as I can in words what our
plan will be. I am certain that you are aware that we had such a large amount of
rain this spring that we were frankly overwhelmed by all of the water coming
onto our property. We never expected that. such large volumes of water intrusion
would occur. Please allow me to outline the following that we can do to solve this
problem.
1. We will remove the pipe embedded in the sand area.
2. We will divert all water from Red Road and West of the train tracks
around the sand.
3. We will establish a berm around the reuse sand. We will use
recommended erosion control measures on the berm to avoid to the
greatest extent practical erosion from the berm.
4. We will establish a storm water holding pond. All storm water that has
come in contact with the reuse sand pile will be channeled to the
holding pond and pumped back up to our process water tanks.
5. We will keep an inspection log with monthly inspections to make
certain that the holding pond has not lost any storm water. We will
inspect the stream to make certain that no run off from our facility has
occurred.
6. We will clean the small stream and do our very best to restore it to its
original condition.
7. We have contracted with a local surveying and engineering company to
help us to determine how large the holding basin needs to be.

ALCHEM, INC.
Corporate Office Sales and Manufacturin
2042 Buie Philadelphus Road 8135 Red Road
Red Springs, NC 28377 Rockwell, NC 28138
Tel. [phone]— Fax 9io-843-5789 Tel. [phone] — Fax [phone]
[e-mail]
[e-mail]
8. We plan to inspect the holding pond to make certain that it has not
filled with sand. If there is any sand we will remove it. We will inspect
monthly.
9. We intend to contract with a construction company to construct this
project. Please see enclosed contract.
I hope that this information is satisfactory to you. Please let me know if you have
any questions comments or concerns.
Best regards,
ALCHEM, INC.
I . TW Lw - - /t/'kf'
Wayne Drye,
Vice President
vll

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OP wneia�°�
May 23, 2003
The TARA GROUP OF LUMBERTON, INC.
2042 Buie Philadelphus Rd Red Springs, NC 28377
NC# 41562 — SC# 98350
Equipment vards — Hwy 72 West, Lumberton, NC
Red Road, Rockwell, NC
Telephone [phone] N Facsimile 910-843-5789
xac -?. cL
. ,...
Mr. D. Rex Gleason, P.E., Water Quality Regional Supervisor
North Carolina Department of National Resources
919 North Main Street
Mooresville, NC 28115
RE: Notice of Violation for Alchem, Inc.
8135 Red Road
Rockwell, NC 28138
Permit No. wacc)�33E'
Rowan County, NC
Dear Mr. Gleason:
Please be advised that Alchem, Inc has hired The TARA Group of Lumberton, Inc. The
proposal for this project was signed Monday May 12, 2003. -TARA Group will be providing
design build grading and erosion control repairs for our client at the above reference
address. TARA Group has subcontracted with Johnny Nobles & Associates to provide all
surveying and engineering work that will take place on this project site. We will be
forwarding the erosion control plan to you for approval by you and DENR within the next 15
days.
We have advised our client that we will be working very closely with them within the next
week to install temporary and necessary erosion control measures so this will reduce the
possibility of any further violation in regards to this matter. We look forward to working
with you and DENR in getting this matter resolved and getting our client in compliance. Our
company maintains an excellent working relationship with the Fayetteville regional office of
DENR.
We will be contacting you shortly in regards to this matter. If you have any questions prior
to us contacting you please feel free to contact us to discuss this matter. Again, we look
forward to solving the problems at.hand and putting our client back in total compliance with
your agency along with DENR.
WOMAN BUSINESS ENTERPRISE!
Heavy Highway Utilities Sewer Plants Mining

ov.� ONN4 104,
May 28, 2003
The TARA GROUP OF LUMBERTON, INC.
2042 Buie Philadelphus Rd Red Springs, NC 28377
NC# 41562 — SC# 98350
Equipment yards — Hwy 72 West, Lumberton, NC
Red Road, Rockwell, NC
Telephone [phone] N Facsimile 910-843-5789
CONTRACT BETWEEN
THE TARA GROUP OF LUMBERTON AND ALCHEM, INC.
Job description: Provide all planning, design, labor and equipment to perform various work as listed.
1. Provide a diversion around the railroad tracks for offsite water to be diverted around sand storage.
2. Provide a berm around the sand storage to divert all offsite water from the sand and divert all on site
rainwater to the storm water storage area.
3. Prepare a storm water retention basis with enough capacity for a 25-year storm event.
4. Provide a plan from Johnny Nobles And Associates of Lumberton, NC to prepare this site to ensure
that all storm water is captured and used as process water.
5. Stop water flow from the pipe that is embedded in the sand.
Price: $ 68,250.00
Time: To start upon approval
Length: 120 days from approval.
Payment: Progress payments to be made every 30 days.
ALCHEM, INC. TARA GROUP OF LUMBERTON, INC.
Wayne Drye, Denise B. Andrews,
Vice President President
WOMAN BUSINESS ENTERPRISE!
Heavy Highway Utilities Sewer Plants Mining

Thanks you for your corporation in this matter.
Sincerely
Charlie Andrews
CC: Johnny Nobles, RLS; Johnny Nobles & Associates
Mr.. Wayne Drye, Plant Manager, Alchem, Inc.
WOMAN BUSINESS ENTERPRISE!
Heavy Highway Utilities Sewer Plants Mining

State of North Carolina
Qepartment of Environment
and Natural Resources
Division of Water Quality
V
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
2i
January 21, 1999
Mr. Randall F. Andrews
Alchem, Incorporated
8135 Red Road
Rockwell, NC 28138
Dear Mr. Andrews:
4 A 00 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND N«URAL RESOURCES
Subject: Permit No. WQ00
Alchem, Incorporated
Bauxite Residuals Reuse Program
Rowan County
In accordance with your application received on October 23, 1998; we are forwarding herewith Permit
No. WQ0016388, dated January 21, 1999, to Alchem, Incorporated for the on -site reuse of a silica residual
from bauxite digestion as a fill material.
This permit shall be effective from the date of issuance until December 31, 2004 and shall be subject
to the conditions and limitations as specified therein. Please pay particular attention to the monitoring and
reporting requirements contained in this permit. Failure to establish an adequate system for collecting and
maintaining the required operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and binding.
If .you need additional information concerning this matter, please ntact Joe Pearce at [phone]
extension 544.
Sincere
/A. Preston Howard, Jr., P.E.
cc: Rowan County Health Department
Mooresville Regional Office, Water Quality Section
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
PO Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL -MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
PERMIT FOR THE USE OF RESIDUALS
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Alchem, Inc.
Rowan County
FOR THE
operation of a bauxite residuals reuse program (as structural fill) on Alchem, Inc.'s property at 8135 Red Road,
Rockwell, North Carolina using approximately 3000 dry tons per year of residuals from the sources listed in
Condition II 2, with no discharge of wastes to the surface waters, pursuant to the application received on
October 23, 1998, and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and considered a
part of this permit.
This permit shall be effective from the date of issuance until December. 31, 2004 and shall be subject
to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The residuals program shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of any wastes resulting from the operation of this program.
2. This permit shall become voidable in the event of failure of the residuals program to adequately
protect the assigned water quality standards of the surface waters and groundwaters. _--
_3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface or groundwaters resulting from the operation of this program.
4. In the event that the bauxite residuals reuse program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall cease the reuse operation take any immediate
corrective actions as may be required by the Division of Water Quality (Division).
5.; Written notification must be submitted to the Mooresville Regional Office, [phone], at least
two weeks prior to any use of residuals within 50 feet of any surface waters.
6. No residual shall be used with 100 feet of a potable water supply well unless a clay or synthetic
liner is placed over and under the residual during installation. It will be the responsibility, of

Alchem, Inc. to verify the position and integrity of the liner prior to backfill. Under no
circumstances shall residuals be located within 25 feet of a potable water supply well.
H. OPERATION AND MAINTENANCE REQUIREMENTS
1. No residuals other than the following are hereby approved for use in accordance with this permit:
Permit Volume
Source County Number (Dry Tons/Year)
Alchem, Inc. Leached Bauxite Rowan WQ0002712 3000
2. The following use of the residual is hereby approved:
- Structural fill on Alchem, Inc.'s property at at 8135 Red Road, Rockwell, North Carolina
3. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying
pollutants from the residuals treatment area onto the adjacent property or into any surface waters.
4. No residuals shall be utilized for land reclamation within one foot of a seasonal high water table
and within three feet of a permanent water table.
5. No residuals shall be used as pipe bedding for sanitary sewer, storm sewer, or potable water lines.
6. The permittee shall insure that the transportation of the residuals does not cause any adverse
impact, i.e. transport in a leak proof truck for wet material, ensure that trucks are covered for dry
material, or otherwise protected to prevent any adverse impact resulting from operation.
M. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue analyses)
deemed necessary by the Division to insure protection of the environment will be established and
an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all utilization activities. These
records shall include, but are not necessarily limited to the following information:
a. location of residuals utilization
b. volume of residuals utilized in tons
3. A residual analysis shall be conducted twice per year from the date of permit issuance by the
Permittee. The results of all analysis shall be maintained on file by the Permittee for a minimum
of five years. The residuals analysis shall include the following parameters:
Arsenic
Nickel
Magnesium
Cadmium
Selenium
Sodium
Chromium'
Zinc
Manganese
Copper
Barium
pH
Lead
Silver
Phosphorus
Mercury
Calcium
Aluminum
After the residuals have been monitored for two years at the above frequency, the Permittee may
submit a request to the Division for a permit modification for the reduction of the frequency of
monitoring for pollutant concentrations, but in no case shall the frequency of monitoring be less
than once per year.
2

4. A . Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted -by the
Permittee annually. The TCLP analysis shall include the following parameters (please note the
regulatory level in mg/L in parentheses):
Arsenic (5.0)
Cadmium (1.0)
Chlorobenzene(100.0)
o-Cresol (200.0)
Cresol (200.0)
1,2-Dichloroethane (0.5)
Endrin (0.02)
Hexachlorobenzene(0.13)
Lead (5.0)
MethoxychIor (10.0)
Pentachlorophenol (100.0)
Silver (5.0)
Trichloroethylene (0.5)
2,4,5-TP (Silvex) (1.0)
Barium (100.0)
Benzene (0.5)
Carbon tetrachloride (0.5)
Chlordane (0.03)
Chloroform (6.0)
Chromium (5.0)
m-Cresol (200.0)
p-Cresol (200.0)
2,4-D (10.0)
1,4-Dichlorobenzene (7.5)
1,1-Dichloroethylene (0.7)
2,4-Dinitrotoluene (0.13)
Heptachlor (and its hydroxide) (0.008)
Hexachloro-1,3-butadiene (0.5)
Hexachloroethane (3.0)
Lindane (0.4)
Mercury (0.2)
Methyl ethyl ketone (200.0)
Nitrobenzene (2.0)
Pyridine (5.0)
Selenium (1.0)
Tetrachloroethylene (0.7)
Toxaphene (0.5)
2,4,5-Trichlorophenol (400.0)
2,4,6-Trichlorophenol (2.0)
Vinyl chloride (0.2)
5. Three copies of all required monitoring and reporting requirements as specified in conditions 1111,
III 2, III 3, and I114 shall be submitted annually on. or before March 1 of the following year to the
following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
6. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence with the residuals reuse program which results in the utilization of significant
amounts of residuals which are abnormal in quantity or characteristic.
b. Any failure of the reuse program resulting in a release of material to receiving waters.
c. Any time that self -monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit.
e. Any spillage or discharge from a vehicle or piping system during transportation of residuals.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within five (5) days following first knowledge of the occurrence. This report must outline the
actions taken or proposed to be taken to ensure that the problem does not recur.
3

M GROUNDWATER REQUIREMENTS
The COMPLIANCE BOUNDARY for the reuse site is specified by regulations in 15A NCAC 2L,
Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system
constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal
area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area.
An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is
subject to immediate remediation action in addition to the penalty provisions applicable under
General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal
systems midway between the Compliance Boundary and the perimeter of the waste disposal area.
Any exceedance of standards at the Review Boundary shall require remediation action on the part
of the permittee.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
V. INSPECTIONS
The Permittee or his designee shall inspect the residuals storage, transport and fill sites to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the
release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall
maintain an inspection log or summary including at least the date and time of inspection,
observations made, and any maintenance, repairs, or corrective actions taken by the Permittee.
This log of inspections shall be maintained by the Permittee for a period of five years from the
date of the inspection and shall be made available to the Division or other permitting authority,
upon request.
2. Any duly authorized officer, employee, .or representative of the Division may, upon presentation
of credentials, enter and inspect any property, premises or place on or related to the treatment site
or facility at any reasonable time for the purpose of determining compliance with this permit; may
inspect or copy any records that must be kept under the terms and conditions of this permit; and
may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the residuals reuse program is carried out in accordance
with the conditions of this permit, the supporting materials, and in the manner approved by this
Division.
2. This permit is effective only with respect to the nature and volume of residuals described in the
application and other supporting data.
_ 3. This permit is not automatically transferable. In the event that there is a desire for the facilities to
change ownership or a name change of the Permittee, a formal permit request must be submitted
to the Division, accompanied byan application fee, documentation from the parties involved, and
other supporting materials .as may be appropriate. The approval of this request will be considered
on its merits and may or may not be approved.
4

4. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina General
Statute 143-215.6A to 143-215.6C.
5. The annual administering and compliance fee must be paid by the Permittee within thirty (30)
days after being billed by the Division. Failure to pay the fee accordingly may cause the Division
to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4).
6. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be imposed by other government agencies
(local, state, and federal) which have jurisdiction.
7. The Permittee, at least six (6) months prior to the expiration of this.permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the facilities
described therein, and if warranted, will extend the permit for such period of time and under such
conditions and limitations as it may deem appropriate.
8. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations
and monitoring requirements the Division deems necessary in order to adequately protect the
environment and public health.
Permit issued this the 1wenty-first day of January, 1999
NORTH C LINA ENVIR AL MANAGEMENT COMMISSION
t1. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number VVQ#@0@45--Z ; GJ 6Z O0 0 ,7.� % 67Z
i

State of North Carolina
Department of Environment, Health, and Natural Resources
Mooresville Regional Office
James G. Martin, Governor Albert F. Hilton, Regional Manager
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 25, 1990
Mr. -Randall F. Andrews, President
Alchem, Inc.
Route 2, Box 521-C
Red Springs, North Carolina 28377
Subject: Notice of Violation
Alchem, 8135 Red .Road
Rowan County; NC
Dear Mr. Andrews:
Please find enclosed a Report of Investigation by Mr.. Kim
Colson of this Office concerning a discharge at the subject
facility. The report should be self-explanatory.
This discharge is a violation of G.S. 143-215.1 for which
enforcement action may -be recommended which may result in a civil
penalty of up to $10,000 per violation. Corrective measures should
be taken to prevent any future discharges. It is requested that you
submit a written response by November 7, 1990 detailing corrective
measures taken to rectify this problem.
If you have any questions concerning this matter, please feel
free to contact Mr. Kim H. Colson, Mr. D. Rex Gleason, Water Quality
Regional Supervisor, or me at this Office.
Sincerely,
Brenda Smith, P.G.
Regional Supervisor
Enclosure
KHC/bb
919 North Main Street, Mooresville, N.C. 28115 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
0
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
POST OFFICE BOX 950
MOORESVILLE, NORTH CAROLINA 28115
.REPORT OF Complaint Investigation: Alchem
PLACE VISITED Alchem
DATE 5/30/86.
ADDR:SS
RIVER BASIN Yadkin
BY WHOM Monty Payne, Tana Fryer y�
TIME SPENT 2 hours
PERSONS CONTACTED
REASON FOR VISIT Complaint Investigation
COPIES TO: Rowan County Health Department
REPORT: On May 29, 1986, this Office received a complaint concerning a black
plastic pipe from the Alchem plant in Rockwell -.,going into a nearby creek.
On May 30, 1986, Mr. Monty Payne and Ms. Tana Fryer of this Office investigated.
The investigators found the pipe leading from the plant to the creek and a white
liquid substance in the pipe. Next the investigators went to the plant and
talked wih the plant manager who explained that the pipe was being used to clean
out the creek.
g_ They were using a__portable..pump (and the plastic pipe) to
the alum slud a that has accumulated on the bottom of the creek back up to the
plant.
This appears to be what is happening, for there was no alum sludge on the
creek bottom where the plant manager stated they had been working; sludge was
still present downstream of this area.
Alchem is in the process of cleaning out the creek as requested by this
Office; therefore this Office will monitor the
is complete. situation until the clean-up
/pb

i
Michael F. Easley, G e
rro
r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 27, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 2760 0001 8494 6400
Mr. Joel Smithgall, Property Manager
Southf ind Properties
4470 Chamblee Dunwoody Road #290
Atlanta, Georgia 30338-6229
Subject: Notice of Violation
NCGS 143-215.83(a); NCGS 143-
215.85(a); and NCGS 143-215.85(b)
Oil Spill Investigation Incident # 200702228
Old Fieldcrest Cannon Mill #7, Salisbury
Rowan County, NC
Dear: Mr. Smithgall,
Enclosed is a copy of the Complaint Investigation Report for the investigation conducted
at the old Fieldcrest Cannon Mill #7 by John Lesley of this Office relative to a complaint of an
oil spill reported on July 13, 2007.
North Carolina General Statute (NCGS) 143-215.83 (a) states that it shall be unlawful for
any person to discharge, or cause to discharge, oil into or upon any waters or lands within the
State, regardless of the fault of the person having control of the oil, or regardless of whether the
discharge was the result of an accident or other cause. NCGS 143-215.85 (a) requires that every
person who has control over oil or other hazardous substance discharged in any circumstances
must notify the Department of the nature, location, and time of the discharge and measures taken
to contain and remove the discharge. NCGS 143-215.85 (b) requires that any petroleum product
spilled must be cleaned up immediately and the affected area restored by the person having
control of the petroleum product. Furthermore, all spills greater than 25 gallons or any spill
within 100 feet of surface waters or any spill that causes a sheen on surface waters must be
reported to this Office within 24 hours. Be advised that NCGS 143-215.88A allows for the
assessment of a civil penalty not to exceed five thousand dollars ($5,000) for every violation in
addition to any other penalty required by law.
AGRA-
HC®ENR
No°LCarolina
Naiura!!ry
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: w•wwmcwaterqualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

It is requested that a written response be submitted to this Office by no later than August
31, 2007 notifying this Office of the proper disposal of contaminated materials including the
name and location of the facility utilized for the disposal, and an analytical report of the soil
following clean up. In responding please direct your response to Mr. Lesley.
The report should be self-explanatory; however, should you have any questions
concerning this report, please do not hesitate to contact Mr. Lesley or me at [phone].
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Enclosure
cc: David Morris, Salisbury Fire Department
Matt Bernhardt, Salisbury Rowan Utilities
Kenneth Rhames, USEPA
Frank Thomason, Rowan County Emergency Services
JL

O�O� W AT F9pG
r
j�l1<
Michael F. Easley, or r
William G. Ross Jr., Secretary V/
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
August 5, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7003 2260 00013492 6375
Mr. Kelly Alderman, Project -Superintendent
New Atlantic Contracting, .Inc.
290 Kress Drive
China�Grove, North Carolina .28023
'Subject: NOTICE OF VIOLATION
NOV No. NOV-2005-WQ-0004
;G.S.143-215.75 -;Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge .of fuel oil
New Atlantic Contracting,'Inc.
Southeast Rowan Senior High &hool
Rowan County
Dear-M.r. Alderman:
(Chapter 143; Article 21 of the North Carolina General.Statutes :(G. S) authorizes and
directs the Environmental Management Commission ofthis Department to protect :and preserve
the water.resources of the::State. -The Division of Water<Quality has the delegated authority to
:enforce -adopted: water:: pollutiomcontrol.rules and regulations.
Dn.`July 28, 2005, Mr. `John Lesley of this -Office conducted an investigation of your
property'located at 290 Kress Venture Drive, �China-Grove, North Carolina. As a result•of this
investigation, the following:conditions were found.on the.property.in violation of G.S.143-
213:83 a
1. `Several-significant.areas of.stained:soil resultingfrom:spillagefrom afuel
.tanker..
2. --Barrels that had .contained hydraulic ;fluid and motor oil were :scattered in an
-area.near. the.tanker. The .barrels .had leaked hydraulic fluid and oil -onto .the
:ground.
A follow-up visit was conducted on August 2, 2005. All the above listed -contamination
had been cleaned up and the -barrels -taken off -site.
DP�OIVncu. - �T±!!E
)MUC2 N—TMOR
N. C. Division of Water Quality,"Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

NOV - 2005-WQ-0004
Page 2
If.similar incidents recur, it will be necessary, per North Carolina General
Statutes, to immediately discontinue.all illegal discharge activity, to collect, remove and
properly _dispose of -the discharged material, including any contaminated soil, :and to
restore all :affected .areas as nearly.as may be to the conditions: existing prior.to.the
.discharge. -it-is.recommended that _you implement: corrective .actions to eliminate the
;potentialfor recurrent illegal discharges.
Be,advisedthat,.pursuant.to G.S.143-215.88A,.anypersonwho ntentionally.or,
negligently -discharges :oil or other hazardous substances, .or knowingly causes .or permits
the -discharge of=oil in violation of-G.S. 143-215.83(a), .or who fails .to report.a.discharge
as requiredby G:S.143=215.:85,-.or who fails to -comply with the cleanup requirements=of
G'S.:143-215.84(4 shall incur,':in addition -to any:otherpenalty provided:by law, a
penalty in an amount not to exceed five thousand dollars �($5000.00) for.each °such
violation. Penalties may also be assessed for the damages to the surface waters .of the
:Stateahat may result from the.discharge. You will be advised -of any enforcement
.recommendation.
It is requested that you respond, in -writing, to this Notice, indicating -the measures
taken to:collect and. remove:the.discharge and`to restore all.affected areas, and also any
measures takeri16prevent future discharges. Please .address your response to Aft. Lesley
by no dater than August 25, 2005..
Should you -have questions, please.do not.hesitate.to -contact Aft. Lesley or me at
704/663=1699..
:Sincerely,
D. Rex , Gleason, P.E.
Surface Water Protection Regional
:Supervisor
cc:
David O. Walters, New Atlantic Contracting, Inc.
Rowan Eounty Environmental Services
Rowantounty;School Board
RowanCounty Health Department
JL

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
MMA
AND NATURAL RESOURCES
DIVISION -OF WATER QUALITY
,,NCDENR
SURFACE WATER PROTECTION'SECTION.
610 EAST 10ENTER STREET, SUITE 301
�- - � FW--
MOORESVILLE, NORTH-CAROLINA 28115
REPORT OF: Complaint Investigation Incident No. 200502069
'DATE OF INVESTIGATION.. July 2R, 2005 and August 2,2005
INVESTIGATED BYE John Lesle' 'TRAE °SPENT: 251ours.
?LACEVISITED: SoutheastRowan-Seniorlh,gh.Sebool construction -site
PHYSICAL LOCATION: 290 Kress Venture Drive
MAILINGADDRES& 290 Kress Venture Drive, China Grove, NC 28023
TELEPHONE-#: 704-8572380
RIVER BASIN: Yadkin -Pee Dee
-an
PERSONC -ON TACTED: K611_vAlderm
REASONFOR VISIT- A.-Teport of an,oil.spill was made to -this Office�on,_Jujy 28,2005.
'1COPIES TO: Rowan County Health Department
REPORT:
.A report of.an.oil.spill at the construction site.of-Southeast Rowan,Senior High School
writer visited the site on y28,2005
was -made to lhis°Office ron July 28., 2005, This ri Jul An
:attem :re __ entative NewAtlantic -.,Contracting,,Incoiporated -.(the :contractor)
-ptto.contacta _pres
was.unsuccess:ftil. A largearea, stained with fuel, 6il,and drums ofilydraulic.fluid and other
material --were-.found. !Ar. Fritz Wdlf,:aconsultant for Rowan County "Schools, was contactedand
was :able to Teach the contractor -with information regarding the spill. NIT. Kelly Alderman,
.Pr6j ect Supervisor for New Atlantic -Contracting,'Incorporated contacted this writer on July 29,
2005. The .,site visited again on August .2, 2005.. 'Mr. Alderman accompanied this writer on the
investigation. All -of drums had been xemoved:and the oil spill had been cleaned -up.
-Be advised -that all oil -spills -must be cleaned up immediately and any -oil souls -over
25 gallons -or:any spills that cause sheen on -surface waters or that are spilled within 100
feet of surface waters must be reported Within 24 -hours in accordance with North Carolina
Generaltatutes (G.S.) 143-215.85(b). No further investigation is necessary at this time
-because clean up of the -contaminated area has been completed.

O�O� W AT �9pG
6
r
August 4, 2005
Mr. Charles Weaver
235 Kress Venture Drive
China Grove, North Carolina 28023
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
Subject: Complaint Investigation.
<.Oil.Spill
Rowan'County, NC
Dear Mr. Weaver:
Attached is a copy of the Report of Investigation prepared by .John Lesley of .this Office
regarding the complaint filed on July 28, 2005 concerning an oil spill at Southeast Rowan High
School.
The report should be self-explanatory; however, should you have any questions concerning
this report, please do not hesitate to contact Mr. Lesley or me at [phone]�
Sincerely,
D. Rex Gleason, P.E. .
Surface Water Protection Regional Supervisor
Attachment
cc: Rowan County Health Dept.
Nam` Carolina
,1�atmCNI'l
N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

WAr�9Q�
r
O 1110W'11�
Michael F. Easley, 1vemor V/
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
May 25, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7003 2260 00013552 3276
Mr. George Meyers
Universal Forest Products — Eastern Division, Inc.
358 Woodmill Road
P.O. Box 1635
Salisbury, NC 28145
Dear Mr. Meyers:
Subject: Notice of Violation
Incident #: 200501357
Tracking #: NOV-2005-OC-0010
Universal Forest Products
Oil Spill
Rowan County, NC
- Chapter 143, Article 21 of the North Carolina General Statutes (NCGS)
authorizes and directs the Environmental Management Commission of this Department to
protect and preserve the water resources of the State. The Division of Water Quality has
the delegated authority to enforce adopted pollution control rules and regulations.
On May 13, 2005 Mr. Barry Love of this Office conducted an investigation at
Universal Forest Products at 358 Woodmill Road in Rowan County. As a result of this
investigation, the following condition was found at the site in violation of North Carolina
General Statute (NCGS) 143-215.83(a):
Petroleum contaminated soil was observed near the air compressor behind the
maintenance building.
Be advised that pursuant to NCGS 143-215.88A, any person who intentionally or
negligently discharges oil or other hazardous substances, or knowingly causes or permits
the discharge of oil in violation of NCGS 143-215.83(a), or who fails to report a
discharge ,as required by NCGS 143-215.85, or who fails to comply with the clean up
requirements of NCGS 143-215.84(a), shall incur, in addition to any other penalty
provided by law, a penalty in an amount not to exceed five thousand dollars ($5,000.00)
for each such violation. You will be advised of any enforcement recommendation.
One
11o�t Parolina
dvuaucuuy -- -
N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer
Service
1-877-623-6748

Mr. Meyers
Notice of Violation
Page two
Any oil/petroleum products that have contaminated the lands or waters of the state
must be removed/cleaned up. It is requested that you respond, in writing, to this Notice,
indicating the actions you have taken. Please address your response to Mr. Barry Love by
no later than June 15, 2005.
Should you have any questions, please do not hesitate to contact Mr. Love or me
at [phone].
/Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Enclosure
cc: Rowan County Health Department
Sean Morris — Hazardous Waste Section
M

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION SECTION
610 EAST CENTER AVENUE, SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: May 13, 2005
INVESTIGATED BY: Barry LoveTIIAE SPENT: 2 hours
PLACE VISITED: Universal Forest Products
PHYSICAL LOCATION: �58 Woodmill Road southwest of Salisbury in Rowan County.
MAILING ADDRESS: Universal Forest Products
Eastern Division, Inc.
P.O. Box 1635
Salisbury, NC 28145
TELEPHONE #: [phone]
RIVER BASIN: Yadkin — Pee Dee
PERSON CONTACTED: George Meyers
REASON FOR VISIT: Referral from Hazardous Waste Section in regard to oil on
.ground.
COPIES TO: Hazardous Waste Section — Sean Morris
Rowan County Health Department
REPORT:
On May 9, 2005 this office received a referral from the Hazardous Waste Section
in regard to oil on the ground at Universal Forest Products at 358 Woodmill Road in
Rowan County.
On May 13, 2005 Mr. Barry Love of this office investigated the site. Upon arrival
at the site the investigator spoke to the plant manager (Mr. George Meyers) about the
situation. Mr. Meyers showed the investigator the location at the back of the building
where an air compressor is leaking oil onto the ground. The air compressor is inside the
building, but oil spillage flows underneath the wall to the soil outside. The investigator

advised Mr. Meyers that any spillage of oil to the lands or waters of the state is a violation
of the oil spill act and must be cleaned up. A Notice of Violation will be sent to
Universal Forest Products further explaining regulatory requirements.

. [Fwd: Site Referral]
Subject: [Fwd: Site Referral]
From: Rex Gleason <[e-mail]>
Date: Mon, 09 May 2005 10:09:33 -0400
To: Barry Love <[e-mail]>
Barry,
Please check this out. Looks/sounds pretty egregious. They need to stop the discharges immediately.
Thanks,
Rex
Rex Gleason - [e-mail]
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
Subject: Site Referral
From: Sean Morris <[e-mail]>
Date: Mon, 09 May 2005 08:57:09 -0400
To: Rex Gleason <[e-mail]>
Rex,
I recently conducted an inspection at Universal Forest Products in Rowan County. I noticed that they have an air compressor located behind the
maintenance building that is leaking an oily water onto the ground and into a storm water ditch. The contamination does not look to be too
extensive but I have not had any luck with getting the facility to correct the problem. There is also a drain located on a concrete slab next
to the compressor. The drain is straight piped into a storm water ditch nearby. The drain looked to be clogged and the water looked to have an
oily sheen. I have attached pictures. Let me know if you need additional information.
Universal Forest Products
358 Woodmill Road
Salisbury, NC 28145
Contact: George Myers, Plant Manager
Sean Morris - [e-mail]
North Carolina Dept. of Environment & Natural Resources
Div. of Waste Management - Hazardous Waste Section
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
1 of 2 5/9/2005 1:12 PM

Michael F. Ease , Governor
J
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
April 19, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7003 2260 00013551 8630
Mr. Scott Cook
C&D Salvage & Garage
645 Lentz Road
China Grove, NC 28023
Dear Mr. Cook:
.Subject: Notice of Violation
Incident #: 200500988
Tracking #: NOV-2005-OC-0006
C&D Salvage & Garage
Oil/Gasoline Spills
Rowan County, NC
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS)
authorizes and directs .the Environmental Management Commission of this Department to
.protect and .preserve the water resources of the State. The Division of Water Quality -has
the delegated authority to enforce adopted pollution control rules and.regulations.
On March 3, 2005 Mr. Barry Love, Mr. Sean Morris .and Mr. Mark Burnette of
.this Office conducted a complaint investigation on your property at 645 Lentz Road. As a
result of this investigation, the following condition was found at your business site in
violation of North Carolina General Statute (NCGS)143-215.83(a):
Petroleum contaminated soil was observed in two different areas on your property.
Be advised that pursuant to NCGS 143-215.88A, any person who intentionally or
negligently discharges oil or other hazardous substances, or knowingly causes or permits
the discharge of oil in violation of NCGS 143-215.83(a), or who fails to report a
discharge as required by NCGS 143-215.85, or who fails to comply with the clean up
requirements of NCGS 143-215.84(a), shall incur, in addition to any other penalty
provided by law, a penalty in an amount not to exceed five thousand dollars ($5,000.00)
for each such violation. You will be advised of any enforcement recommendation
Noe Carolina aF" = .
Atura!!�
MM
N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer
Service
1-877-623-6748

Mr. Scott Cook
Notice of Violation
Page two
Any oil/petroleum products that have contaminated the lands or waters of the state
must be removed/cleaned up. It is requested that you respond, in writing, to this Notice,
indicating the actions you have taken. Please address your response to Mr. Barry Love by
no later than May 11, 2005.
Should you have any questions, please do not hesitate to contact Mr. Love or me
at [phone].
Sincerely,
�o' P--e'e
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Enclosure
cc: Andrew Pitner - Aquifer Protection Section
Sean Morris — Hazardous Waste Section
Rowan County Health Department
am

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION SECTION
610 EAST CENTER AVENUE, SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: March 3, 2005
INVESTIGATED BY: Barry Lovell TIIVIE SPENT:
PLACE VISITED.: 'C&D Salvage & Garage
PHYSICAL LOCATION: 645 Lentz Road in Rowan County.
MAILING ADDRESS: Mr. Scott Cook
C&D Salvage & Garage
645 Lentz Road
China Grove, NC 28023
TELEPHONE #: [phone]
RIVER BASIN: Yadkin — Pee Dee
PERSON CONTACTED: Mr. Scott Cook
REASON FOR VISIT: Oil and.gas spills, improper battery management, solid
waste issues.
COPIES TO: Mr. Scott Cook — C&D Salvage & Garage
Mr. Sean Morris — Hazardous Waste Section
W. Andrew Pitner —.Aquifer Protection Section
Rowan County Health Department
REPORT:
On March 3, 2005 Mr. Barry Love of the Surface Water Protection Section and
Mr. Sean Morris and Mr. Mark Burnette of the Hazardous Waste Section of this office
investigated a complaint of oil and gasoline spills, improper battery management, and
solid waste issues at C&D Salvage & Garage at 645 Lentz Road in Rowan County.

During the investigation two separate areas of oil/gasoline spillage onto the soil
were observed and pointed out to the facility owner, Mr. Scott Cook. Mr. Cook was
advised that these areas would need to be cleaned up. On March 10, 2005, Mr. Andrew
Pitner of the Aquifer Protection Section collected a water sample from the on -site well.
No volatile organic compounds were detected in this sample. A detailed inspection report
by Mr. Sean Morris of the Hazardous Waste Section has been provided to Mr. Cook. A
Notice of Violation will be sent to C&D Salvage & Garage further explaining
requirements in regard to oil spills.
r

ENR/DWQ LABORATORY
VOLATILE ANALYTICAL REPORT
LAB NO. 5G0577
REPORTED BY DJ
CHECKED BY
REVIEWED BY
SAMPLE TYPE: WATER
ANALYTICAL RESULTS
SUPERVISOR
DATE
ENTERED BY
DATE
75-71-8
Dichlorodifluoromethane
1.0
X
630-20-6
1,1,1,2-Tetrachloroethane
0.25
74-87-3
Chloromethane
1.0
X
75-25-2
Bromoform
0.30
75-01-4
Vinyl Chloride
1.0
X
79-34-5
1,1,2,2-Tetrachloroethane
0.30
74-83-9
Bromomethane
5.0
X
96-18-4
1,2,3-Trichloropropane
0.30
75-00-3
Chloroethane
5.0
X
108-86-1
Bromobenzene
0.64
75-69-4
Tdchlorofluoromethane
1.0
X
95-49-8
2-Chlorotoluene
0.25
75-35-4
1,1-Dichloroethene
0.25
U
106-43-4
4-Chlorotoluene
0.25
75-09-2
Methylene Chloride
10
U
541-73-1
1,3-Dichlorobenzene
0.25
156-60-5
trans-1,2-Dichloroethene
0.25
U
106-46-7
1,4-Dichlorobenzene
0.25
75-34-3
1,1-Dichloroethane
0.25
U
95-50-1
1,2-Dichlorobenzene
0.25
594-20-7
2,2-Dichloropropane
0.25
U
96-12-8
1,2-Dibromo-3-Chloropropane
0.64
156-59-4
cis-1,2-Dichloroethene
0.25
U
120-82-1
1,2,4-Trichlorobenzene
0.30
67-66-3
Chloroform
0.25
U
87-68-3
Hexachlorobutadiene
0.30
74-97-5
Bromochloromethane
0.25
U
87-61-6
1,2,3-Trchlorobenzene
0.30
71-55-6
1,1,1-Trichloroethane
0.25
U
1634-04-4
Methyl-tert-butyl ether
5.0
563-58-6
1,1-Dichloropropene
0.25
U
71-43-2
Benzene
1.0
56-23-5
Carbon Tetrachloride
0.25
U
108-88-3
Toluene
1.0
107-06-2
1,2-Dichloroethane
0.25
U
100-41-4
Ethyl benzene
1.0
79-01-6
Trichloroethene
0.25
U
108-38-3
m,p-Xylenes
2.0
78-87-5
1,2-Dichloropropane
0.25
U
95-47-6
o-Xylene
1.0
75-27-4
Bromodichloromethane
0.30
U
100-42-5
Styrene
1.0
74-95-3
Dibromomethane
0.25
U
98-82-8
Isopropylbenzene
1.0
10061-01-5
cis- 1,3-Dichloropropene
0.25
U
103-65-1
n-Propylbenzene
1.0
10061-02-6
trans-1,3-Dichloropropene
0.25
U
108-67-8
1,3,5-Trimethylbenzene
1.0
79-00-5
1,1,2-Trichloroethane
0.25
U
98-06-6
tert-Butylbenzene
1.0
127-18-4
Tetrachloroethene
0.25
U
95-63-6
1,2,4-Trimethylbenzene
1.0
142-28-9
1,3-Dichloropropane
0.25
U
135-98-8
sec-Butylbenzene
1.0
124-48-1
Dibromochloromethane
0.30
U
99-87-6
p-isopropyltoluene
1.0
106-93-4
1,2-Dibromoethane
0.25
U
104-51-8
n-Butylbenzene
1.0
108-90-7
Chlorobenzene
0.25
U
91-20-3
Naphthalene
1.0
PQL Practical Quantitation Limit- Subject to
change due to instrument sensitivity
N- Tentatively Identified, not confirmed
J- Estimated Value
U- Samples analyzed for this compound but not detected
X- Sample not analyzed for this compound
N3- Estimated concentration is <PQL and >MDL
# GC/MS Analysis performed
COMMENTS:
mg/L mg/L
Gasoline flange t stimated Total Petrbleum Hydrocarbon 0.20 X
...
_:.
Other purgeables detected Detected
(up to 10 highest peaks) ug/L
NO VOLATILE ORGANIC COMPOUNDS DETECTED
BY GC/ELCD/PID.

.n,, ` , �.
IQ
1
NC DEPT OF ENVIRONMENT & NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
HAZARDOUS WASTE SECTION
COMPLAINT INVESTIGATION REPORT
1. Facility Information:
2. Facility Contact:
C&D Salvage & Garage
645 Lentz Road
China Grove, N.C. 28023
Used Oil Generator
Mr. Scott Cook
704-857-8711
3. Survey Participants: Mr. Scott Cook
Mr. Sean Morris - Waste Management Specialist
Mr. Mark Burnette — Waste Management Specialist
Mr. Barry Love — NC Division of Water Quality
4. Date of Inspection: March 3, 2005
Date of Report: March 4, 2005
5. Purpose of Inspection: To determine compliance with 40 CFR 260-279
6. Report:
On February 24, 2005 an anonymous complaint was issued against C&D Salvage
& Garage located in China Grove, NC. The complainant stated that the facility
had a number of environmental concerns including the spillage of automotive
fluids from car crushing, improper used battery management, burial of used oil
and gas, and various solid waste issues (see attached e-mail for specifics).
On March 3, 2005 Mark Burnette - NC Hazardous Waste Section, Barry Love —
NC Division of Water Quality, and I conducted a site investigation. We met with
the facility's owner named Scott Cook. We explained the specifics of the
complaint and that we were there to conduct a complaint investigation. Mr. Cook
agreed to show us whatever we needed. The facility is approximately 26 acres in
size and has 4 full time employees. The facility buys and sells various types of
scrap metal, wrecked automobiles, and automobile parts. The facility also
operates a 24-hour wrecker service. There are approximately 1500 junked cars
onsite. The facility operates two mobile car crushers. One of the crushers stays
onsite and the other is moved as needed. Mr. Cook stated that in a busy month
they might crush 50 cars.

2
During our site investigation we walked throughout the property. Mr. Cook
showed us the areas used for car crushing and fluid collection. There are 300-
gallon used oil tanks located on each of the two car crushers. Mr. Cook stated that
when the engines are removed from the cars the oil is drained into the used oil
tanks. Mr. Cook stated that gasoline is collected in various sized tanks on the
property until collected for disposal. Mr. Cook stated that there was not any old
gasoline onsite at the time of the inspection. Mr. Cook showed us the area where
gasoline is poured from old automobile tanks into larger tanks (see attached hand
drawn map for approximate location). There was a large pile of crushed tanks
located in this area and the odor of gasoline was strong. All of the above ground
tanks at this area were empty. There were (10-20) empty 55-gallon containers
near the area. A recommendation will be made to store all empty containers on
their side so that rainwater does not accumulate in them (see recommendation
section). There were several small areas of stained soil and pooled water with oil
sheen's noted in this area. I contacted the phone number given to me by Scott'
Cook, for their oil and gasoline collection contractor. The contractor was Hazmat
Inc. and I talked with Mr. Jack Holder. Mr. Holder called me on March 8, 2005
and stated that Hazmat Inc. does not have any records of collecting used oil or old
gasoline from the property.
The facility buys and sells used lead acid batteries. The batteries are stored on (5)
truck beds that have been removed from the truck frame and placed onto the
ground. There were approximately 50-60 batteries on two of the truck beds at the
time of the inspection. Several of the batteries were damaged and Mr. Cook stated
they are damaged from automobile accidents prior to arriving at the facility.
Several of the batteries appear to have been in a fire. I strongly recommended that
all used batteries be collected in a covered area with a containment system to
collect any electrolyte that may leak from damaged batteries. Any battery that is
found to be leaking must be containerized and disposed of properly.
Receipts for proper disposal of used oil, gasoline, and lead acid batteries should
be maintained onsite to show that the materials are not being illegally disposed.
7. Site Deficiencies:
No deficiencies will be addressed at this time by the Hazardous Waste Section. A
request for information will be sent to Mr. Scott Brown in an attempt to obtain
documentation on the disposal and/or recycling of used oil, gasoline and other
automotive fluids and to provide information on the proper management of used
lead acid batteries.
The NC Division of Water Quality - Surface Water Protection and Aquifer
Protection are also investigating the release of automotive fluids from the
facility's crushing operations. A referral was also made to the NC Solid Waste
Section for the number of scrap tires found on the property.

8. Phone Lot:
On March 8, 2005 Mr Jack Holder with Hazmat Inc. left a message stating that
they have no records of used oil of old gasoline collection at C&D Salvage. Mr.
Holder stated that one of their employees does remember stopping by the facility
several years ago and giving Mr. Scott Cook a card.
INSPECTOR (DATE)
cc: Jesse Wells, Western Area Supervisor
MRO files
Raleigh files
Scott Cook, C&D Salvage & Garage
(SENT BY CERTIFIED MAIL)
FACILITY CONTACT

t
Tire Pile Creek
Area of oil spills and oil
stained soil. Strang
odor of gasoline.
CT -
Creek
I-$$ Car crusher an 41
N Empty lon
drum storage
• Used Battery Storage
C&D Salvage $
Engine storage.-,
Garage- Office
OII spills and
stained soil. ■
Drinking water
/ wells
Residence � //
Lentz Road
To China Grove

y
,OUNTY
ZUAD NO:
ROWAN
:SPORT TO : MRO Regional Office
:OLLECTOR(S) :A PITNER
)ATE: 3/10/2005
'IME:
DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Ground Water Quality
SAMPI E PRIORTTY
ROUTINE EMERGENCY
CHAIN OF CUSTODY
CD
® SAMPLE TYPE
'URPOSE: Owner: C & D SAIXAGF.
Location or Site:
.ABORATORY ANALYSIS
BOD 310
mg/L
COD High 340
mg/L
COD Low 335
mg/L
Coliform: MF Fecal 31616
/1001111
Coliform: MF Total 31504
/100m1
TOC
mg/1
Turbitity
NTU
Residue., Suspended 530
mg/L
Total Suspended solids
mg/L
PH
units
Alkalinity to pH 4.5
mg/L
Alkalinity to pH 8.3
mg/L
Carbonate
mg/L
Bicarbonate
mg/L
Carbon dioxide
mg/L
Chloride
mg/L
Chromium: Hex 1032
ug/L
Color: True 80
C.U.
Cyanide 720
mg/L
OMMENTS :
Description of sampling point
Sampling Method:
Remarks:
Diss. Solids 70300 mg/L
Fluoride 951 mg/L
Hardness: total 900 mg/L
Hardness:(non-carb) 902 mg/L
Phenols 32730 ug/L
Specific Cond. 95 umhos/cm2
Sulfate mg/L
Sulfide 745 mg/L
MBAS mg/L
Oil and Grease mg/L
Silica mg/L
Boron
Formaldehyde mg/L
NH3 as N 610 mg/L
TKN as N 625 mg/L
NO2 +NO3 as n 630 mg/L
P: Total as P 665 mg/L
PO4 mg/L
Nit.(. (NO3 as N) 620 mg/L
Nitrite (NO, as N) 615 mg/L
Ag-Silver 46566 ug/L
Al -Aluminum 46557 ug/L
As -Arsenic 46551 ug/L
Ba-Barium 46558 ug/L
Ca -Calcium 46552 mg/L
Cd-Cadum 46559 ug/L
Cr-Chromium 46560 ug/L
Cu- Copper1042 ug/L
Fe- Iron 1045 ug/I.
Hg- Mercury 71900 ug/L
K-Potassium 46555 mg/L
Mg- Magnesium 927 mg/L
Mn-Manganese 1055 ug/L
Na- Sodium 929 mg/L
Ni-Nickel ug/L
Pb-Lead 46564 ug/L
Se -Selenium ug/L
Zn_Zinc 46567 ug/L
Lab Number 5GO577
Date Received : 3/11/2005
Time Received : 9:00 AM
Received By DS
Released By : JG
Date reported : 3/18/2005
NO
Organochlorine Pesticides
Organophosphorus Pesticides
Nitrogen Pesticides
I I Acid Herbicides I
MAR 2 2 2005
MOORESVILLE REGIONAL OFFICE
DW&GROUNCANATER SECTION
5GO577

GROUNDWATER FIELD/LAB FORM
;OUNTY : ROWAN
)UAD NO: Serial No.
.at. estimates Long. estimated
1EPORT TO Mooresville Regional Office
'HIPPED BY : COURIER
SAMPLE TYPE SAMPLE PI
XQWater XORouttine
Soil Emergency
Other (ROCKS and Ceramic Tiles)
X� Chain of Custody
Department of Environment and Natural Resources
DIVISION OF WATER QUALITY - AQUIFER PROTECTION SECTION
Lab Number
/ r
Date Received
I I
Time:
Rec'd B
From: Bus, nude Hand Del.,
Other:
Data Entry By:
Ck:
Data
Reported:
:OLLECTOR(S) Andrew Pitner DATE: 03110/05 Purpose: Baseline, Complaint, Compliance, LUST, Pesticide Study, Other
IELD ANALYSES TIME:_11:45 am_ Owner: C & D Salvage
H 400 5.9 Spec. Cond.94__256.3_at 2 Location or Site: 645 Lentz Road, China Grove
emp. 16.1 Odor none Description of sampling point spigot @ well head of new well under green cover, behind 685 Lentz
,ppearance clear Sampling Method: pumped well Sample Interval: 59-220
'ie♦ldd Analysis By: Andrew
T Pitner Remarks: (Pump,baoer,etc) —10' purge
.ABORAT^WU ANALYSIS (Pumping Time, Air Temp., etc.)
BOD 310
m91L
COD High 340
mg/L
COD Low 335
mg/L
Colifonn: MF Fecal 31616
/100ml
Coliform: MF Total 31504
/100ad
TOC
mg/l
Turbitity
NTU
Residue., Suspended 530
mg/L
pH
units
Alkalinity to pH 4.5
mg/L
Alkalinity to pH 8.3
mg/L
Carbonate
m91L
Bicarbonate
mg/L
Carbon dioxide
mg/L
Chloride
mg/L
Chromium: Hex 1032
ug/L
Color: True 80
C.U.
Cyanide 720
mg/L
.AB COMMENTS:
Diss. Solids 70300 mg/L
Fluoride 951 mg/L
Hardness: total 900 mg/L
Hardness: (non -cart) 902 mg/L
Phenols 32730 ug/L
Specific Cond. 95 umhos/cm2
Sulfate mg/L
Sulfide 745 mg/L
mg1L
Oil and Grease mg/L
SILICA ni
NH3 as N 510 mg/L
TKN as N 625 mg/L
NO2 +NO3 as n 630 mg/L
P: Total as P 665 mg/L
iW-54REV. 12/87 FOR DISSOLVEDANALYSIS - SUBMIT FILTERED SAMPLE AND WRITE "DIS"IN BLOCK
Ag-Silver 46566 u€/L
Al -Aluminum 46557 ug/L
As -Arsenic 46551 ug/L
Ba-Barium 46558 1191L
Ca -Calcium 46552 mg/L
Cd-Cadium 46559 ug/L
Cr-Chromium 46560 1191L
Cu- Copper 1042 ug/L
Fe- Iron 1045 ugJL
Hg- Mercury 71900 ug/L
K-Potassium 46555 mg/L
Mg- Magnesium 927 mg/L
Mn-Manganese 1055 ug/L
Na- Sodium 929 mg/L
Ni-Nickel U91L
Pb-Lead 46564 ug/L
Se -Selenium ug/L
Zn Zinc46567 ug/L
Acid
Pesticides
Pesticides
Gasoline
tFIW LAB FORM

ENR/DWQ LABORATORY
VOLATILE ANALYTICAL REPORT
LAB No. 5GO577
REPORTED BY DJ
CHECKED BY
REVIEWED BY
SAMPLE TYPE: WATER
ANALYTICAL RESULTS
SUPERVISOR
DATE
ENTERED BY
DATE
75-71-8
Dichlorodifluoromethane
1.0
X
630-20-6
1,1,1,2-Tetrachloroethane
0.25
74-87-3
Chloromethane
1.0
X
75-25-2
Bromoform
0.30
75-01-4
Vinyl Chloride
1.0
X
79-34-5
1,1,2,2-Tetrachloroethane
0.30
74-83-9
Bromomethane
5.0
X
96-18-4
1,2,3-Tiichooropropane
0.30
75-00-3
Chloroethane
5.0
X
108-86-1
Bromobenzene
0.64
75-69-4
Trichlorofluoromethane
1.0
X
95-49-8
2-Chlorotoluene
0.25
75-35-4
1,1-Dichloroethene
0.25
U
106-43-4
4-Chlorotoluene
0.25
75-09-2
Methylene Chloride
10
U
541-73-1
1,3-Dichlorobenzene
0.25
156-60-5
trans-1,2-Dichloroethene
0.25
U
106-46-7
1,4-Dichlorobenzene
0.25
75-34-3
1,1-Dichloroethane
0.25
U
95-50-1
1,2-Dichlorobenzene
0.25
594-20-7
2,2-Dichloropropane
0.25
U
96-12-8
1,2-Dibromo-3-Chloropropane
0.64
156-59-4
cis-1,2-Dichloroethene
0.25
U
120-82-1
1,2,4-Trichlorobenzene
0.30
67-66-3
Chloroform
0.25
U
87-68-3
Hexachlorobutadiene
0.30
74-97-5
Bromochloromethane
0.25
U
87-61-6
1,2,3-Trichlorobenzene
0.30
71-55-6
1, 1, 1 -Trichloroethane
0.25
U
1634-04-4
Methyl-tert-butyl ether
5.0
563-58-6
1,1-Dichloropropene
0.25
U
71-43-2
Benzene
1.0
56-23-5
Carbon Tetrachloride
0.25
U
108-88-3
Toluene
1.0
107-06-2
1,2-Dichloroethane
0.25
U
100-41-4
Ethyl benzene
1.0
79-01-6
Trchloroethene
0.25
U
108-38-3
m,p-Xylenes
2.0
78-87-5
1,2-Dichloropropane
0.25
U
95-47-6
o-Xylene
1.0
75-27-4
Bromodichloromethane
0.30
U
100-42-5
Styrene
1.0
74-95-3
Dibromomethane
0.25
U
98-82-8
Isopropylbenzene
1.0
10061-01-5
cis-1,3-Dichloropropene
0.25
U
103-65-1
n-Propylbenzene
1.0
10061-02-6
trans-1,3-Dichloropropene
0.25
U
108-67-8
1,3,5-Trimethylbenzene
1.0
79-00-5
1,12-Trichloroethane
0.25
U
98-06-6
tert-Butylbenzene
1.0
127-18-4
Tetrachloroethene
0.25
U
95-63-6
1,2,4-Tdmethylbenzene
1.0
142-28-9
1,3-Dichloropropane
0.25
U
135-98-8
sec-Butylbenzene
1.0
124-48-1
Dibromochloromethane
0.30
U
99-87-6
p-isopropyltoluene
1.0
106-93-4
1,2-Dibromoethane
0.25
U
104-51-8
n-Butylbenzene
1.0
108-90-7
Chlorobenzene
0.25
U
91-20-3
Naphthalene
1.0
PQL Practical Quantitation Limit- Subject to
change due to instrument sensitivity
N- Tentatively Identified, not confirmed
J- Estimated Value
U- Samples analyzed for this compound but not detected
X- Sample not analyzed for this compound
N3- Estimated concentration is <PQL and >MDL
# GC/MS Analysis performed
COMMENTS:
mg/L mg/L
Gasoline;mange is#imaied Total Petroleum Hydrocarbon 0.20 X
Other ouraeables detected Detected
(up to 10 highest peaks) ug/L
NO VOLATILE ORGANIC COMPOUNDS DETECTED
BY GC/ELCD/PID.

ppppppp-
,OUNTY : IREDELL
ZUAD NO:
MPORTTO : MRO
,OLLECTOR(S) : A PITNER
)ATE: 3/10/2005
"IME:
'URPOSE:
.ABORATORY ANALYSIS
DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Ground Water Quality
Lab Number
5GO576
Date Received :
3/11/2005
SAMPLE PRIORI T'Y
Time Received
9:00 AM
X❑ROUTINE EMERGENCY
Received By
DS
Regional Office
XO CHAIN OF CUSTODY
TB
Released By :
]G
WD SAMPLE TYPE
Date reported :
3/18(2005
Owner.
TRIP BLANK
\
Location or
of s
Description of sampling
point
Sampling Method:
Remarks:
MAR -. 2 2n05
MOORESVILLE REGIONAL OFFICE
DWO-GROUNDWATER SECTION
5GO576

PPPPPPP'
GROUNDWATER FIELD/LAB FORM
:OUNTY : ROWAN' 1 RC� l L
QUAD NO: Serial No.
_at. Long.
REPORT TO Mooresville Regional Office
SHIPPED BY COURIER
SAMPLE TYPE SAMPLE PRIORITY
X�Water K]Routtine
Soil E]Erriergency
Other (ROCKS and Ceramic Tiles)
XD Chain of Custody
-OLLECTOR(S) Andrew Pitner DATE: 03/10/05 Purpose: Baseline, Complai
:IELD ANALYSES TIME:_10:30 AM_ Owner:
,H 400 Spec. Cond.94 at 250C Location or Site: _
'emp. Odor none Description of sampling point
appearance clear Sampling Method:
Department of Environment and Natural Resources
DIVISION OF WATER QUALITY - AQUIFER PROTECTION SECTION
, Pesticide Study, Other.
Mooresville
�✓
Lab Number
Date Received
Time:
Rec'd Bye
From: Bu ourie Hand Del.,
Other:
Data Entry By:
Ck:
Data
Reported:
TRIP BLANK
d Office - Water Quality Prep Lab
MRO distiller / filter
Ield Analysis By: Andrew Pitner Remarks: (Pump, bailer, etc)
(Pumping Tune, Air Temp., etc.)
.ARORATORY ANALYSIS
BOD 310
mg/L
COD High 340
mg/L
COD Low 335
mg/L
Coliform: MF Fecal 31616
/100m1
Coliform: MF Total 31504
/1 OOmI
TOC
mg/1
Turbitity
NTU
Residue., Suspended 530
mg/L
pH
units
Alkalinity to pH 4.5
mg/L
Alkalinity to pH 8.3
mg/L
Carbonate
mg/L
Bicarbonate
mg/L
Carbon dioxide
mg/L
Chloride
mg/L
Chromium: Hex 1032
ug/L
Color: True 80
C.U.
Cyanide 720
Ink
.AB COMMENTS:
Diss. Solids 70300 mg/L
Fluoride 951 mg'L
Hardness: total 900 mg/L
Hardness: (non-carb) 902 mg/L
Phenols 32730 ug/L
Specific Cond. 95 umhos/cm2
Sulfate mg(L
Sulfide 745 mg/L
mg/L
Oil and Grease mg/L
SILICA mg/L
NH3 as N 610 mg/L
TKN as N 625 mg/L
NO2 +NO3 as n 630 mg/L
P: Total as P 665 mg/L
3W-54 REV. 12187 FOR DISSOLVED ANALYSIS-SUBMITFILTEREDSAMPLE AND WRITE 'DIS"IN BLOCK
Ag-Silver46566 U91L
AI -Aluminum 46557 u91
As -Arsenic 46551 ug/L
Ba-Barium 46558 ug/L
Ca -Calcium 46552 mg/L
Cd-Cadium 46559 ug/L
Cr-Chromimn 46560 119/L
Cu- Copper1042 ug/L
Fe- Iron 1045 U91L
Hg- Mercury 71900 ug/L
K-Potassium 46555 mg/L
Mg- Magnesium 927 mg/L
Mn-Manganese 1055 ug/L
Na- Sodium 929 mg/L
Ni-Nickel uF/L
Pb-Lead 46564 ugJL
Se -Selenium ug/L
Zn Zinc 46567 ug/L.
Acid
Pesticides
Pesticides
Gasoline
MILL) LAB FORM

Pppppp-
EPORTED BY DJ
CHECKED BY
REVIEWED BY
SAMPLE TYPE: WATER
ENR/DWQ LABORATORY
VOLATILE ANALYTICAL REPORT
ANALYTICAL RESULTS
LAB No. 5GO576
SUPERVISOR
DATE
ENTERED BY
DATE
75-71-8
Dichlorodifluoromethane
1.0
X
630-20-6
1,1,1,2-Tetrachloroethane
0.25
74-87-3
Chloromethane
1.0
X
75-25-2
Bromoform
0.30
75-01-4
Vinyl Chloride
1.0
X
79-34-5
1,1,2,2-Tetrachloroethane
0.30
74-83-9
Bromomethane
5.0
X
96-18-4
1,2,3-Trichooropropane
0.30
75-00-3
Chloroethane
5.0
X
108-86-1
Bromobenzene
0.64
75-69-4
Trichlorofluoromethane
1.0
X
95-49-8
2-Chlorotoluene
0.25
75-35-4
1,1-Dichloroethene
0.25
U
106-43-4
4-Chlorotoluene
0.25
75-09-2
Methylene Chloride
10
U
541-73-1
1,3-Dichlorobenzene
0.25
156-60-5
trans-1,2-Dichloroethene
0.25
U
106-46-7
1,4-Dichlorobenzene
0.25
75-34-3
1,1-Dichloroethane
0.25
U
95-50-1
1,2-Dichlorobenzene
0.25
594-20-7
2,2-Dichloropropane
0.25
U
96-12-8
1,2-Dibromo-3-Chloropropane
0.64
156-59-4
cis-1,2-Dichloroethene
0.25
U
120-82-1
1,2,4-Trichlorobenzene
0.30
67-66-3
Chloroform
0.25
U
87-68-3
Hexachlorobutadiene
0.30
74-97-5
Bromochloromethane
0.25
U
87-61-6
1,2,3-Trichlorobenzene
0.30
71-55-6
1,1,1-Tdchloroethane
0.25
U
1634-04-4
Methyl-tert-butyl ether
5.0
563-58-6
1,1-Dichloropropene
0.25
U
71-43-2
Benzene
1.0
56-23-5
Carbon Tetrachloride
0.25
U
108-88-3
Toluene
1.0
107-06-2
1,2-Dichloroethane
0.25
U
100-41-4
Ethyl benzene
1.0
79-01-6
Tdchloroethene
0.25
U
108-38-3
m,p-Xylenes
2.0
78-87-5
1,2-Dichloropropane
0.25
U
95-47-6
o-Xylene
1.0
75-27-4
Bromodichloromethane
0.30
U
100-42-5
Styrene
1.0
74-95-3
Dibromomethane
0.25
U
98-82-8
Isopropylbenzene
1.0
10061-01-5
cis-1,3-Dichloropropene
0.25
U
103-65-1
n-Propylbenzene
1.0
10061-02-6
trans-1,3-Dichloropropene
0.25
U
108-67-8
1,3,5-Trimethylbenzene
1.0
79-00-5
1,1,2-Tdchloroethane
0.25
U
98-06-6
tert-Butylbenzene
1.0
127-18-4
Tetrachloroethene
0.25
U
95-63-6
1,2,4-Trimethylbenzene
1.0
142-28-9
1,3-Dichloropropane
0.25
U
135-98-8
sec-Butylbenzene
1.0
124-48-1
Dibromochloromethane
0.30
U
99-87-6
p-isopropyltoluene
1.0
106-93-4
1,2-Dibromoethane
0.25
U
104-51-8
n-Butylbenzene
1.0
108-90-7
Chlorobenzene
0.25
U
91-20-3
Naphthalene
1.0
PQL Practical Quantitation Limit- Subject to
change due to instrument sensitivity
N- Tentatively Identified, not confirmed
J- Estimated Value
U- Samples analyzed for this compound but not detected
X- Sample not analyzed for this compound
N3- Estimated concentration is <PQL and >MDL
# GC/MS Analysis performed
COMMENTS:
..... ...... ........__ .. ........._........_._._. _._........._..._._.._
m /L m /L
Gasolinefange stimatedT6talP6trofeurn:H drocarI.
bo[i".?.: 0.20 X
Other purgeables detected Detected
(up to 10 highest peaks) ug/L
NO VOLATILE ORGANIC COMPOUNDS DETECTED
BY GC/ELCD/PID.

Michael F. Easle�,S�crmtary
r��
4f�
William G. Ross J
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Tan,,. "
7003 2260 00013551 8012
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Mr. Max Rohlfing '
Solar White. Quarry
3025 Artz Road .
Salisbury, NC 28146
Subject : Notice of Violation/Notice of
Recommendation for Enforcement
Violation ofN.C.G.S. 143-215.1 and
Stormwater Permit No.NCG020074
Violation ofN.C.G.S. 143-215.83.
143-215.84 and 143-215.85
Illegal Discharge of Oil
Incident No. 200500162
NOV-2005-OC-002
Rowan County, N.C.
Dear Mr. Rohlfing:
. Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes
and directs the Environmental Management Commission of this Department to protect
and preserve the water resources of the State. The Division of Water Quality has the
delegated authority to enforce adopted pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the
investigation conducted on October 1 throughNovember. L ,2004 by Ms. Barbara Sifford
and Mr. Wes Bell of this Office. As a result of this investigation, the following
conditions were found in violation of G.S. 143-215.1, G.S. 143-215.83, G.S. 143-215.84,
G.S. 143-215.85 and General Stormwater Permit No. NCG020074.
OR contaminated water was observed in the lower quarry pit that was being
discharged, to surface waters. Oil contaminated soil was observed in several areas
around the top of the quarry where equipment was operating, and around drum
[�I�o a Carolina
�turally
N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave., Suite 301, Mooresville NC 28115 [phone]
hl D€AMdit
Customer Service
1-877-623-6748

Page 2
January 21, 2005
Mr. Rohlfing
storage and fuel storage areas. Solar White Quarry also failed to implement the
-conditions of its stormwater permit, which requires establishment of a facility
inspection program, preventive maintenance/ good housekeeping practices, and a
quarterly analytical monrt oring program.
Please be advised that this report is liemg issued as a Notice of Violation (_NOV)
and.Notice of Recommendation for; Enforceme)
nt for the violations of G.S 143=
.... .. .
215.1,,143-215.83 143-215.84; and 143 215 85 Also lie advised that pursuant to G S.
143-215.88A, any person who intentionally or neghgently discharges oilbrother
hazardous substances; or knowingly; causes or.permrts the discharge_ oil in violation of
G. S. .143 -2 15.8 3, or who fails to-reporta discharge-as`required by G.S. 143-21585; or
who fails to comply with the cleanup requirements of G.S. 143-215.84, shall incur, in
addition to any other penalty provided_ by law, a penalty in an amount not to exceed five
thousand dollars ($5,000.00) for each such violation."Be advised that G.S. 143-215.6A
provides for a civil penalty assessment of not more that twenty-five thousand dollars.
($25,000.00) per violation or twenty five. thousand dollars ($25,000.00) per violation, per
day when the violation is of a continuing nature; against any person who fails to abide by
NCGS 143-215.1, including violations of any water quality standards.
To comply with the regulations it will be necessary to remove and properly
dispose of the contaminated soil and restore. all affected areas as nearly as may be to the
conditions existing prior to the discharge. In addition your facility must incorporate and
abide by all required conditions of Permit No. NCG020074.
It is requested that you respond in writing to this Notice describing the remedial
cleanup activities of the contaminated soil and the actions you have taken to resolve the
violations of Permit No. NCG020074. Please address your response to Ms. Sifford by no
later than February 21, 2005.
This letter is also to adv�se.:you that this Office. -is considering sending a
_ t _ _.
recommendation for enforcement action to the Director of the Division of Water Quality
for the facility's failure to abide by the conditions of Stormwater General Permit No.
NCG020074 and the illegal discharge of petroleum products. If you have an explanation
for the violations that you wish to present, please include same in the requested response.
Your explanation will be reviewed and if an enforcement action is still deemed
appropriate, your explanation will be forwarded to the Director along with the
enforcement package for his consideration.

1 l _
r _
zi,- - -t
�. __ _:a

NORTH CAROLINA DEPARTMENT OF ENFIRONMENT AND NATURAL RESOURCES
DMSION OF WATER QUALTIY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
Sifford from the Division of Water Quality's Mooresville Regional Office, met with Mr. Frank
Thomason and Art Delaney of Rowan County Emergency Management, and the complainant,
Mr. Ken Kluttz; on the morning of October 1, 2004. Ms. Sifford noted that the flow in the
unnamed tributary to Crane Creek, located between the quarry discharge site and the
complainant's pond, had a fuel oil smell, and that the Quarry had apparently been pumping from
the site recently due to the large volume of water flowing down the creek. Rowan County Haz-
Mat was called to the scene and placed a boom across the discharge of Kluttz's pond to prevent
any further downstream discharge of the oil. Mr. Max Rohlfing also placed a boom across the
quarry's storm water retention pond on the quarry site. After these booms were in place Ms.
Sifford and Mr. Thomason accompanied Mr. Rohlfing on a visit of the quarry site.

On Friday October 1, Ms. Sifford and Mr. Thomason observed an oily sheen in the
bottom. excavation pit of the quarry Mr. Rohlfing's explanation was that it must have entered
the pit from offsif6 during a ram event an e f the ­_ il'until 'notified b' the Rowan
d h' !w'as unaware o oi
Y.
County.arshall _6nFriday morning. Mr., R6hlfing'-didJstop pumping the oil/water mixture
fr6malid quarry piton Fn'6y.'-, Ms. Sifford told him that he'needed to hire *someorie4o'cleanup
the contamination I p ni or' to" pu'�* 'e the Ms- pi again.' Siffbid was given the'name of - Mr. Rick
Petemon-as the contractorthat would be doing the' work.'.- Mr. Rolilfing, Mi. Thomaso
n and Ms.
.Sifford walke ', ar o--u- r any: entrancd'of '011 ie site, none,'"s
d �4.th� quarry- searpMrig,jor to t]
observed
It was bb§d'. atmanydrums of oil tAfiks'are locate
d Ar6lfid shelter or. secondary conta
inm
ent to prevent stornWater,nmoff and
contamination *Ifiwas turned over and dmvhi 'onggunawith stani
_666k6d'ifiW the soil Where it had
this .office 16d
On�-Tu69day;'Qct6bier 5-, 2004,'M� Samar BoU'Ghazale.with SWP -of _ ce
Mr Alfifi to Ai status. - Mr. Rohlfinj said h& was wor g6n'thdcleariu g sicuss e c eapup kin p.-.
e -O'f Wednesday' October 5, Mr On th ''afternoon e e o Te Thomason call' d th: MRO't­ port that'th6
quarry was again pumping th6 offand water mixture. Oh the -morning of Thursday, October.7,-
2004, Ms. Sifford visited the "itariiy again and determined that the water V I
q 6t level iii �-t was
bdbbei and
d Ilie sheen was still apparen on the water in lower'than"-o'b'ser%-�&d-dfi,Fri _t_
the lower pit," also no apparqnf remedial actions had been taken by Mr.- k6 jarig:
-120 the, site to
it� Mona 04 s 8611 and Mi.` Sifford revisited
yi.- ct6b6i visft6d
determine whether remedial achonshad be6n:taken .:N6 discharge: pm,
the
was occurring
at that the :.w ere: -6discharge-
liffi&.'from the quarry,,.,
filters Ihr_ g4ffil, t
the )�tjr�_the' still Ada_,,vi visible Fiatibifin, the water si e _qu 7 7 7
- sheeriand thei&was no-iiidi"cati6n:tliat#j�idditioi��i"-'c'F4P
ie ii6tivftk� had occurred at this
A-apyrnore-wa water since was now.-*ypr &atiofi;_-_W.�R� g,-�-a-id-he-didii6t�l�ntia-p-4W-'pp- t 1drig":
this s at tracks from the excavator ". area 6--if §,- BelLin in another d Mi' cird 6bsi erved that
done o the -at' loading pinent.led Ao, e bottom pit area. Nothing else had beormw er
-thing,to--the,w6oded area for rem retention pond and rio 6diatio'n'o
Ofi'06tob6i 21, 2004, Mr. Delaney visited the site. It was his opinion that the woods did
not contain enough oil product at that time to impact surface waters any longer He detenmined
1h_ e-quarr t Lk' een,p ace y; 9
On October 22,2004 Ms.- Sifford 616d with Mr. Rohlfing about the oil -and he assured her that
he was not any material:pumping
On October 26,2004Ms. Sifford sampled the discharge from the quarry stream flowing'_ -
into the pond on Mr.,'Ken Kluttz's property to obtain information on background surface" water -
quality during times'when the quarry is not pumping and no recent rainfall had occurred.-

Ms. Sifford researched the files and found a letter that indicated the Division of Water
= Quality had -issued .a General Permit and Certificate of Coverage No. NCG020074 covering
Stormwater and process wastewater. discharges for the Solar.White Quarry. The certificate of .
coverage became effective on December 17, 1999 and is effective for the duration of the General
Permit,.which expired on November N, 2004. ,
On November 1, 2004, Mr. Wes Bell and Ms Barbara Sifford mad_ a another scheduled
site visit to review the status of the above noted oil spite and to review the aualytical'recoi�ds;
required by the Stormwater General Permit No NCG020074 No records could be provided by
the facility ;;The facihty`also.failed to implement adequate house keeping practices as evidenced
by oil staining on the ground around fuel oil tanks and the waste oil drums being stored without
any safeguards, to prevent storrriwater contamination. Mr. Rohlfing was informed that the above
rioted failures were violations of the facility's permit. Mr. Bell recommended that Mr. Rohlfing
review the Conditions of the permit and the section on Best Management Practices. He also
recommended that fuel storage areas and waste oil storage areas be covered and diked to contain
spillage and prevent rain water from carrying contaminates into the quarry basins. In addition,
Mr. Rohlfing was informed again of the environmental laws regarding the petroleum
contamination and reporting requirements for oil spills. Mr. Rohlfing was courteous. A follow-
up visit will be necessary to verify the facility's remedial action'and the compliance status with
Stormwater Permit No. NCG020074.;;
m ic.E� r P'•"— ., r:. � -,:' a�.� J� z;. .��,.iz;, v� tlS-'i;- 7 r.. --s' = r'� -7;; �'-; f.. ;. ti. � "4._ �i a;E-.t

Michael 1; U3.%lCN , von• tk (W "'—
p�pF W A � FgpG VVVJJJ /
William G. Rkwx Jr•, 6ccrcmry 1/
co y North Carolina Department of Environment and Natural RcsourcCs
r
Alan W. Khrnck. 1'. E., Drrcclor
p Division of Watcr Qualitp
Ike
�iTET
-CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randall F. Andrews, President
ALCHEM, Inc.
2042 Buie.Philadelphus Road
Red Springs, North Carolina 28377
Mr. Andrews:
January 12, 2005
7003 2260 00013551 7954
Subject: Notice of Violation/Notice of
Recommendation for Enforcement
ALCHEM, Inc.
Violation of General Statute 143-215.1
Follow-up Investigation
Rowan County, N.C.
Tracking #: NOV-2005-SS-0001
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and directs the
Environmental Management Commission of this Department to protect and preserve the water resources of
the State. The Division of Water Quality (DWQ).has the delegated authority to enforce adopted pollution
control rules and regulations.
Enclosed please find a copy of a follow-up Investigation Report for the investigations conducted
on December 30, 2004 and January 5; 2065 by Mr. Wes Bell. The follow-up investigations were
performed to assess ALCHEM, Inc.'s on -site remedial activities and the condition of the tributary to
Second Creek (tributary) As a result of these investigations, the following conditions. were -found in ,
°violatton'ofNorth Carolina Genial Statute:(NCGS)'143=215.1 and'`15A North Carol'ua Administrative
Code (NCAC) 2B .0211 (3)(g):
The acidic discharges into the unnamed tributary (UT) resulting from the
drainage through the unremediated wooded/riparian areas (on the
ALCHEM, Inc.'s property), had lowered the tributary's pH from 6.22 s.u.
(upstream) to 4.76 s.u. (10 - 20 yards downstream of where the drainage
enters the UT). No evidence was observed to suggest that ALCHEM,
Inc. had continued remedial efforts (required in the settlement agreement)
within the wooded/riparian areas on the business site.
N. C Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-16,05 Customer Service
i-8 i �-6:a-6748

Mr. Randall F. Andrews
January 12, 2005
Page Two
Please be advised that this report is being issued as a Notice of Violation (NOV) and Notice for
Recommendation for Enforcement (NRE) for the violations of NCGS 143-215.1, 15A NCAC 2B .0211
(3)(g), and the facility's failure to continue to remediate the wooded/riparian area located on the facility's
property. Be advised that NCGS 143-215.6A provides for a civil penalty assessment of not more that
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of alcontinuing nature, .against any person who fails to abide by the conditions of the permit
and who fails to apply for or to secure a permit required by NCGS 143-215.1. Penalties may also be.
assessed'for any damage to the surface .waters of the State that may result from the unpermitted discharges.
This letter is also to advise you that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality for the acidic discharges into the
unnamed tributary to Second Creek, water quality stream standard violations (pH), and the facility's failure
to continue the cleanup on the unremediated areas on the facility's property. If you have an explanation for
the violations that you wish to present, please include same in the requested response. Your explanation
will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director along with the enforcement package for his consideration.
It is requested that you respond, in writing, within fifteen (15) days following receipt of this
Notice. The response should address the measures taken to immediately cease the acidic discharges
resulting from the drainage through the unremediated wooded/riparian areas, and the efforts to ensure
future discharges do not recur. In addition, a detailed plan should be included that specifies the
remediation activities utilized and the date of completion for the cleanup of the unremediated
wooded/riparian areas on the facility's property.
Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Aua auucuw
cc: Rowan County Health Department
Stormie Forte, Associate Attorney General
Wayne Drye, Plant Manager, ALCHEM, Inc.
M.,

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST CENTER AVENUE/SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Follow-up Investigations
DATE OF INVESTIGATION: December 30, 2004 and January 5, 2005
02
INVESTIGATED BY: Wes Bell TIME SPENT: 6.0 hours
PLACE VISITED: Unnamed Tributary to Second Creek
PHYSICAL LOCATION: Rockwell, Rowan County
RIVER BASIN: Yadkin -Pee Dee
REASON FOR VISIT: Follow-up investigation to determine the condition of the unnamed
tributary to Second Creek
COPIES TO: Rowan County Health Department
REPORT:
On December 30, 2004 and January 5, 2005, Mr. Wes Bell of this office performed
follow-up investigations on the unnamed tributary to Second Creek (tributary) impacted by the
runoff from the ALCHEM, Inc.'s (ALCHEM) residual storage area.. ALCHEM personnel have
made noticeable progress with the remediation of the tributary and surrounding areas; however,
the wooded/riparian areas on both private and ALCHEM properties remain covered (in several
locations) with the residual material. Due to a pending (or threatened) third party lawsuit,
ALCHEM was instructed (by their attorney) to cease their remedial efforts on the private
properties.
During both site visits, Mr. Bell observed a "rainbow sheen" on the water's surface and
an orange and white colored substrate throughout the tributary. The orange substrate and
"rainbow. sheen" appeared to,be caused bythe,natural microbial actions of iron bacteria.
However,no aquatic life was observed throughout the tributary.
ALCHEM personnel had previously installed a silt fence along the section of tributary
that runs through/adjacent to the facility's property. The silt fence was installed to prevent
additional residual runoff into the tributary. The bottom section of the silt fence was not properly
secured and the front and end sections were collapsed. Mr. Bell had previously discussed (via
telephone) with Mr. Wayne Drye, Plant Manager, similiar problems with the silt fence.
Mr. Bell observed pools of water adjacent to the silt fence that appeared to have
originated from the drainage of the wooded/riparian areas on the ALCHEM property. The
drainage had channeled through the accumulated residuals of the unremediated areas in the
wooded/riparian areas and discharged into the tributary at three different locations. The pH of
the three discharges ranged from 3.12 s.u. to 3.31 s.u. prior to entering the tributary. Note: All

Complaint Investigation
Page Two
pH measurements were taken by Mr. Bell on January 5, 2005. The upstream pH ranged from
6.22 s.u. to 6.25 s.u. and the downstream pH (10 - 20 yards below the lowest drainage area) was
measured at 4,76 s.u. Additional downstream pH measurements were taken between the above -
noted sampling location and 15 - 25 yards upstream of the Medium Road culvert. These pH
levels ranged from 5.24 s.u. to 5,36 s,u, The increase in pH appeared to be influenced by the
buffering/dilution by spring water. The tributary's pH at the Medium Road culvert was 4.71 s.u.
The tributary's pH downstream of the culvert ranged from 4.53 s.u. to 5.30 s.u. The final
tributary pH value (5.30 s.u.) was taken approximately 35 - 45 yards downstream of the Medium
Road'culvert Residual accumulations were+also, observed throughout this downstream section of
the tributary.. No aquatic life was observed.
No additional residual runoff was observed from the residual storage area since the
construction of a berm around the entire residual storage perimeter. The pH of the stormwater
runoff collection basin (inside the berm) was measured at 3.57 s.u. Mr. Bell did not observe any
additional sediment accumulations in the tributary, however, a significant rain event could wash
the residual material (in the unremediated wooded/riparian areas) into the tributary due to the
poorly constructed/maintained silt fence. ALCHEM personnel should immediately initiate
cleanup activities on the unremediated areas on the facility's property (wooded/riparian areas).
In addition, the problems with the silt fence should be corrected to ensure additional residual
runoff does not occur.

W qTF Michael F. East("
as . Govemo' r V
C+ 9
\�� ' pG William G. Ross Jr„ Secretary
� y North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P. E. Director
Division of Water Quality
October 27, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7003 2260 00013550 3216
Mr. Donnie Raffaldt
7454 Spring Acres Drive
Kannapolis, North Carolina 28083-9048
Subject: Notice of Violation
NOV-2004-OC-0010
Complaint Investigation
Oil on Ground
Rowan County, NC
Dear Mr. Raffaldt:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS)
authorizes and directs the Environmental Management Commission of this Department to
protect and preserve the water resources of the State. The Division of Water Quality has
the delegated authority to enforce adopted pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the
investigation conducted on October 20, 2004 by Barry Love of this Office. As a result of
this investigation, the following condition was found on your property in violation of
North Carolina General Statute (NCGS)143-215.83(a):
Oil stained soil was present on your property.
Be advised that pursuant to NCGS 143-215.88A, any person who intentionally or
negligently discharges oil or other hazardous substances, or knowingly causes or permits
the discharge of oil in violation of NCGS 143-215.83(a), or who fails to report a
discharge as required by NCGS 143-215.85, or who fails to comply with the clean up
requirements of NCGS 143-215.84(a), shall incur, in addition to any other penalty
provided by law, a penalty in an amount not to exceed five thousand dollars ($5,000.00)
for each such violation. You'will be advised of any enforcement recommendation.
To comply with the regulations it will be necessary to cease all discharges
immediately and remove/clean up any spillage of oil/petroleum products that have
contaminated the land or waters of the state. It is requested that you respond, in writing,
to this Notice, indicating the actions you have taken. Please address your response to Mr.
Nphcarolina Barry Love by no later than November 11, 2004.
N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer
Service
1-877-623-6748

Mr. Donnie Raffaldt
Page two
October 27, 2004
Should you have any questions, please do not hesitate to contact Mr. Love or me
at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Enclosure
cc: Rowan County Health Department
Sean Moms — Hazardous Waste Section
of

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION SECTION
610 EAST CENTER AVENUE, SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: October 20, 2004
INVESTIGATED BY: Barry Love 'TIME SPENT::1 hour
PLACE VISITED: Donnie Raffaldt —Used Cars.and Parts
PHYSICAL LOCATION: At the end of Spring Acres Drive east of Kannapolis.
MAILING ADDRESS: Mt. Donnie Raffaldt
7454 Spring Acres Drive
Kannapolis, NC 28083
TELEPHONE #: [phone]
.RIVER BASIN: Yadkin — Pee Dee
PERSON CONTACTED: Donnie Raffaldt
REASON FOR VISIT: Report of oil, gasoline, and antifreeze on ground.
COPIES TO: Mr. Donnie Raffaldt
Rowan County Health Department
Sean Morris — Hazardous Waste Section
REPORT:
On October 19, 2004 this Office received an anonymous complaint concerning spills of
oil, gasoline, and antifreeze on the ground at an auto salvage yard at 7454 Spring Acres Drive in
Kannapolis.
Mr. Barry Love of this Office investigated the complaint on October 20, 2004. Upon
arrival at the site the investigator spoke to Mr. Donnie Raffaldt (the property and business owner)
about the situation. Inspection of the site revealed 2 or 3 small oil spills on the ground of
approximately 1.5 feet in diameter. The investigator advised Mr. Raffaldt that all spills must be
cleaned up immediately when they occur, and that every effort should be made to avoid future

spills. A letter will be sent to Mr. Raffaldt further explaining regulations relating to spills and
requirements to clean up.

lAs
�nF WATF9Q I Michael F. Easley, Govern /
William G. Ross Jr.. Secretary V/
�o G North Carolina Department of Environment and Natural Resources
o c■� f Alan W. Klimek. P. E. Director
D. —i Division of Water Quality
'C Coleen H. Sullins, Deput%. Director
Division of Water Quality
August 14, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7001 2510 0004 8286 6494
Resident/Owner
230 Acorn Oaks Drive
Salisbury, North Carolina 28146
Subject: Notice of Violation
Complaint Investigation
230 Acorn Oaks Drive Residence
Illegal Discharge of Washwater
Rowan County, N.C.
To Whom It May Concern:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division of Water Quality has the delegated authority to
enforce adopted pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation
conducted on August 11, 2003 by Mr. Wes Bell of this Office. As a result of this investigation,
the following condition was found at your residence in violation of North Carolina General .
Statute (NCGS) 143-215.1:
A discharge pipe with lint residue was observed in a ditch adjacent to the
residence at 230 Acorn Oaks Drive.
Be advised that NCGS 143-215.6A provides for civil penalty assessments of not more
that twenty-five thousand dollars ($25,000.00) per violation, per day when the violation is of a
continuing nature, against any person who is required but fails to apply for or to secure a permit
required by NCGS 143-215.1. Penalties may also be assessed for. any damage to the surface
waters of the State that may result from the unpermitted discharge.
AMA
NMENUR
N. C. Division of Water Quality Mooresville Reeional Office 919 North Main Street Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

To Whom It May Concern
Notice of Violation
Page Two
To comply with the regulations it will be necessary to cease the wastewater discharge
immediately. In addition, the resident/owner should contact Mr. Bill Roberts, Environmental
Health Specialist/Rowan County Health Department (704-642-2000) regarding the appropriate
disposal of the wastewater into the on -site wastewater disposal system (septic tank/drain field).
It is requested that you respond, in writing, to this Notice, indicating the actions taken to
cease the illegal discharge. Please address your response to Mr. Bell by no later than September
3, 2003.
Should you have questions, please do not hesitate to contact Mr. Bell or me at (704) 663-
1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachment
cc: Rowan County Health Department
li C

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: August 11, 2003
wv
INVESTIGATED BY: Wes Bell TIME SPENT: 1.0 hour
PLACE VISITED: 230 Acorn Oaks Drive
PHYSICAL LOCATION: Farmview Subdivision, Rowan County
MAILING ADDRESS: 230 Acorn Oaks Drive
Salisbury, N.C. 28146
RIVER BASIN: Yadkin -Pee Dee
PERSONS CONTACTED: Unknown.
REASON FOR VISIT: Investigation of complaint regarding illegal discharge of washwater
COPIES TO: Rowan County Health Department
REPORT:
On July 25, 2003, this office received a complaint regarding a discharge of washwater
from the residence at 230 Acorn Oaks Drive, Rowan County. Mr. Wes Bell of this office
investigated the complaint on August 11, 2003.
Mr. Bell observed a black pipe with lint residue (inside the pipe) adjacent to a ditch along
Acorn Oaks Drive. No washwater discharges were observed at the time of the inspection. The
wastewater for the residences in this subdivision is treated via on -site septic tank/drain field. The
ditch contained algae below the discharge pipe. Mr. Bell left information (at the residence)
regarding a request to contact him at this office. Mr. Bell has not been contacted as of 8/13/03.
Mr. Bell contacted Mr. Bill Roberts, Environmental Health Specialist/Rowan County Health
Department regarding his findings. Mr. Roberts indicated that the owners of this residence
would be contacted regarding the required corrective actions. A follow-up investigation with the
Rowan County Health Department may be necessary to verify owner's corrective actions.

I
September 3, 2003
Wes Bell
Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Dear Sir:
Jv l �'��'�° •T,�•�i' rr�•�EtdgC il"Yi3tlL`6J�: asp. ,Y
/ n npf' 4 J'a�LJYR��.'�'�°�% • ! ��i�i= �a Yil�
,riyl mil/
v� S EP 0 g 2003
R.T
10N,
SUBJECT. NOTICE OF VIOLATION / COMPLAINT INVESTIGATION
This letter is in reference to the letter I received concerning the pipe discharging water into the
ditch at my residence at 230 Acorn Oaks Drive, Salisbury, NC. As I mentioned in our phone
conversation on August 18, 1 was confident that the pipe in question was not discharging wash
water for several reasons. First, the washing machine is directly drained into the sewer line which
in turn runs directly out the back of my home to the septic tank and its corresponding drain field
which are located behind the house in the rear of my property. The pipe in question is discharging
into the ditch located directly in front of the house running parallel with Acorn Oaks Drive. The
second reason which I spoke with you about was the abundance of -natural springs in my yard as
well as the neighbor's yards. We have lived in the home for two years and we have no way of
contacting the previous owner to see if they had a first hand account of where the water was
coming from. Based upon this information, you asked me to investigate further and determine the
exact source of the water draining from the pipe.
I made an initial visible inspection of the crawl space underneath the house to verify that there
were no extra drains for the washing machine as well as to determine if there were any visible
building drains coming from underneath the house. This visual inspection revealed that the
washing machine was directly connected to the sewer line and there were no other drains
connected to it. Other than the sewer line, there were no other building drains located in the crawl
space. Since there was no visible evidence of a drain from the crawl space, it was necessary to
uncover the length of the pipe until I reached its point of origin. From the grueling excavation
process, this is what I have discovered. From its discharge point at the ditch, the pipe runs back
towards the house for approximately 20 feet, at which point it turns 90 degrees back towards the
driveway. From this point it continues to make a series of tight u-turns, winding its way between
the house and ditch until it reaches a point almost centered on the house. When it reaches this
location it turns directly toward the house and runs approximately 15 feet. About 4 feet from the
front sidewalk is where I found the beginning of the pipe. To find the water source I dug an
opening about 24 — 30 inches in diameter about 4 — 6 inches in front of the pipe opening. When
this hole reached approximately 24" below grade, water began to seep up through the hole. I
continued digging approximately another 12", this is where I found a bed of gravel 8 — 12" deep
and larger than the diameter of my hole. I removed a lot of the gravel to see if there was a
continuation of the pipe. During this process the hole continued to fill with water, it was necessary
to use a hose pipe to siphon off the water seeping up through the hole. In doing so I noticed that
there was a constant flow and once I quit disturbing the surrounding soil, the water being removed
from the hole became crystal clear. However, when the soil was disturbed the water that was
coming from my siphoning hose as well as the pipe was noticeably discolored. There were no
continuations to the pipe. A gravel pit was built in front of the pipe opening. It appears that over
time the gravel has acted as a filter for the spring and collected a lot of sediment/debris from the
surrounding soil as well as what ever may have seeped up through the spring itself. The natural
materials that collected on the gravel at the opening of the pipe appeared to be a match the
material that can be seen at the discharge opening. The sediment that I found on both ends of
the pipe was not lint or lint residue.

— 2 — September 4, 2003
As I mentioned in my email to you last week, I had done some of the excavation work while my
wife was doing several loads of laundry. Never did I see evidence of soapy water which should
have been the case if this was wash water drainage. As I finished my work this weekend there
was no laundry being done and the only discolored water appeared as I physically disturbed the
soil around the pipe or at the spring in front of the pipe. You mentioned the complainant was very
clear in their description of discolored water. What I evidenced when I disturbed the soil would
seem to validate a discharge of discolored water. The layer of soil directly above the gravel pit at
the spring as well as along most of the length of the pipe is grayish colored clay. With all the rain
that we have had this year it would make sense that rain water seeping through the soil would
cause water drainage from the pipe to be gray and discolored.
As far as water and algae in the ditch, they have both been present for the two years that I have
lived in this residence. This is due to water run off from the property above ours. Since the water
flow in the ditch is slow, it gives algae time to grow.
Based upon my conversation with Mr. Bill Roberts of the Rowan County Health Department, he
has indicated that since this is natural spring water, not wash water, the pipe can remain as is. He
is familiar with the area and described other areas in close proximity to my property that have the
same problem with natural spring water run off.
For your reference, I have enclosed some pictures from my investigation. These photos show the
proximity of the spring and pipe opening to the house.
I appreciate your patience and help in resolving this matter. If you have any further questions or
comments feel free to contact me.
you,
FVames Zink
230 Acorn Oaks Dri�
Salisbury, NC 28146
H - 704.857.7890
W - 704.334.1648

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OF�WATEq _�_ p` �•L��
`�� QG� Michael F. Easley, Governor
r William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources
5 Alan W. Klimek, P.E., Director
Division of Water Quality
May 9, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wayne Cassavaugh, Owner
Carolina Sand, Inc.
2440 Angus Lane
Lenoir, North Carolina 28645
Dear Mr. Cassavaugh:
70012510 0004 8287 7125
Subject: Notice of Violation
Carolina Sand, Inc.
Illegal -Discharge to Yadkin River
Rowan County, N.C.
Chapter 143,, Article 21 of the North Carolina General Statutes (NCGS) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division of Water Quality has the delegated authority to
enforce adopted pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation
conducted on April 30, 2003 by Wes Bell of this Office. As a result of this investigation, the
following condition was found in violation of North Carolina General Statutes (NCGS) 143-
215.1 and 143-215.83(a):
A petroleum product was being discharged from a dredger owned and operated by
Carolina Sand, Inc.
Be advised that pursuant to NCGS 143-215.88A, any person who intentionally or
negligently discharges oil or other hazardous substances, or knowingly causes or permits the
discharge of oil in violation of NCGS 143-215.83(a),.or who fails to report a discharge as
required by NCGS 143-215.85, or who fails to comply with the clean up requirements of NCGS
143-215.84(a), shall incur, in addition to any other penalty provided by law, a penalty in an
*A
NE-DENR
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115
C [phone] Customer Service
p �[phone] 1 800 623-7748
'S. VI; .
(• y'I

f
Mr. Wayne Cassavaugh
Notice of Violation
Page Two
amount not to exceed five thousand dollars ($5,000.00) for each such violation. Be advised
that NCGS 143-215.6A provides for a civil penalty assessment of not more that twenty-five
thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to
secure a permit required by NCGS 143-215.1. Penalties may also be assessed for any damage to
the surface waters of the State that may result from the unpern-iitted discharge.
To comply with the regulations it will be necessary to cease all discharges immediately
and to properly remediate all affected areas (if possible) as nearly as may be to the conditions
existing prior to the discharges.
It is requested that you respond, in writing, to this Notice, indicating the actions you have
taken. Measures taken to prevent future discharges should also be discussed. Please address your
response to Mr. Bell by no later than May 30, 2003.
Should you have questions, please do not hesitate to contact Mr. Bell or me at (704) 663-
1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional `supervisor
Attachment
cc: Rowan County Health Department
Ufl

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: April 30, 2003
Wb
INVESTIGATED BY: Wes Bell TIME SPENT: 2.0 hours
PLACE VISITED: Carolina Sand, Inc. Dredging Site
PHYSICAL LOCATION: off Hannah's Ferry Road, Rowan County
MAILING ADDRESS: 2440 Angus Lane
Lenoir, N.C. 28645 (Mr. Wayne Cassavaugh - Owner)
TELEPHONE #:. [phone]
RIVER BASIN: Yadkin -Pee Dee
PERSONS CONTACTED: Mr. Ted Bledso, Site Manager, Mr. Wayne Cassavaugh, Owner
REASON FOR VISIT: Investigation of fuel spill in the Yadkin River
COPIES TO: Rowan County Health Department
"_'•'
On April 29, 2003, this office received a complaint regarding a petroleum sheen in the
Yadkin River at the Buck Steam Station in Rowan County. The complaint was investigated by
Wes Bell of this office on April 30, 2003.
Mr. Bell met with Mr. Ted Bledso, Site Manager, at the dredging site adjacent to the
Yadkin River. No petroleum discharges were observed from the sand processing site; however,
Mr. Bell requested to observe the dredger located in the Yadkin River. Mr. Jessie Potts,
employee, accompanied Mr. Bell to the dredger. Mr. Bell observed several petroleum stains on
the dredger from previous hydraulic oil and diesel fuel spills. Oil dry had been placed on several
of these areas to absorb the spills. Mr. Bell observed a water leakage from the secondary pump
that provides priming water to the main pump and cooling water to the dredging equipment. The
water leakage was observed leaching the spilled contents (on the dredger) into the Yadkin River.
A large sheen was observed being discharged into the Yadkin River.

Complaint Investigation
Page Two
Mr. Bell informed Mr. Bledso of his findings on the dredger. Mr. Bledso had no
knowledge of the discharge from the dredger; however, he knew of the malfunctioning pump.
Mr. Bledso indicated that the secondary pump had been malfunctioning for several days. Mr.
Bell informed Mr. Bledso of the environmental regulations relevant to the petroleum discharges
from the dredger. While Mr. Bell was on -site, Mr. Bledso had sent two of his employees back to
the dredger to repair the secondary pump and to place absorbent booms around the dredger.
Mr. Bell contacted Mr. Wayne Cassavaugh, owner, (via telephone) regarding the findings
and environmental regulations pertaining to this investigation. Mr. Bell informed Mr.
Cassavaugh that better housekeeping should be incorporated on this dredger to prevent
discharges from malfunctioning equipment and storm events. Messrs. Bledso and Cassavaugh
and staff were courteous and helpful throughout the investigation. A follow-up investigation
may be necessary to verify adequate remedial actions.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
September 16, 1998
Scott Beaver
Beaver's Honda
2060 Deal Road
:.; ;, Mooresville, North Carolina 28115
Notice of Violation
NCGS 143-215.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of Oil
Rowan County
Dear Mr. Beaver:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS)
authorizes and directs the Environmental Management Commission of this
;Department to protect and preserve the water and air resources of the State. The
Division of Water Quality has the delegated authority to enforce adopted pollution
control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the
investigation conducted on September 4, 1998 by Mr. Wes Bell of this Office. As a
- , # P result of this investigation, the following condition was found on the property in
violation of NCGS 143-215.83(a):
An inspection of the area around the junkyard at Beaver's Honda found
evidence of discharged oil on the ground surrounding the grouped sections of engines,
;��crankcases, and the two oil storage tanks. Automotive parts and oil storage tanks were
l` = outside with no protection from the weather. Neither of the oil storage tanks contained
w :Y appropriate identification or had secondary containment. An additional source of
v M petroleum contamination was a stack of empty gas tanks without fill caps. A
" = = detectable petroleum odor was present during the inspection of this area. No streams
Fk r intersected or were directly adjacent to this property. During the investigation, Mr.
r . t Beaver was informed by Mr. Bell that all of the contaminated soil needed to be
removed and treated/disposed of as soon as possible. The source of the oil
contamination was discussed, including proper removal, storage, and disposal.
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
PHONE [phone] FAX [phone]
T - AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% REOYCLED/1 Oq POST -CONSUMER PAPER

Notice of Violation
Beaver's Honda
Page Two
Be advised that pursuant to NCGS 143-215.88A, any person who intentionally or
negligently discharges oil or other hazardous substances, or knowingly causes or permits the
discharge of oil in violation of NCGS 143-215.83 (a), or who fails to report a discharge as
required by NCGS 143-215.85, or who fails to comply with the cleanup requirements of NCGS
143-215.84(a), shall incur, in addition to any other penalty provided by law, a penalty in an
amount not to exceed five thousand dollars ($5000.00) for each such violation. Penalties may
also be assessed for the damages to the surface waters of the State that may result from the
unpermitted discharge. You will be advised of any enforcement recommendation.
To comply with the regulations, it will be necessary to immediately discontinue all
unpermitted discharges and undertake to collect and remove the discharged oil and restore all
affected areas as nearly as may be to the conditions existing prior to the discharge.
It is requested that you respond, in writing, to this Notice, indicating the measures taken
to collect and remove the discharge and to restore all affected areas, and also any measures taken
to prevent future spills (discharges). Please address your response to Mr. Wes Bell by no later
than September 30, 1998.
Should you have questions, please do not hesitate to contact either Mr. Wes Bell or me at
704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Rowan County Health Department

AA
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: September 4, 1998
INVESTIGATED BY: Wes BellwkIME SPENT: 1.5 hours
PLACE VISITED: Beaver's Honda
PHYSICAL LOCATION: 9455 Smith Road, Rowan County
MAILING ADDRESS: 2060 Deal Road
Mooresville, NC 28115
TELEPHONE #: [phone]
RIVER BASIN: Yadkin -Pee Dee
PERSON CONTACTED: Mr. Scott Beaver
REASON FOR VISIT: Investigation of complaint regarding gasoline odor
COPIES TO: Rowan County Health Department
REPORT:
On September 4, 1998, this Office received a complaint that gasoline odors were being
detected especially after rainfall episodes at Beaver's Honda junkyard in Rowan County. The
complaint was investigated by Wes Bell of this office .on September 4, 1998.
An inspection of the area within the junkyard at Beaver's Honda found evidence of oil on
the ground surrounding engines, crankcases, and oil storage tanks located outside. A stack of
empty gasoline tanks was observed along the side entrance. The tanks did not have fill caps.
While investigating, a noticeable petroleum odor was present. No streams intersected or were
directly adjacent to this property. Mr. Scott Beaver, owner, was present during the inspection.
During the investigation, Mr. Beaver was informed that all of the contaminated soil
needed to be removed for proper treatment/disposal. He was also informed that the discharge

was a violation of North Carolina Environmental Laws and needed to be cleaned up as soon as
possible. The source of the soil contamination and odor was discussed including the proper
removal, storage, and disposal in an environmentally sound manner. Mr. Beaver was told by the
inspector that information regarding testing and disposal of the contaminated soil would be
referred to the groundwater section. A follow-up visit may be necessary to verify adequate
cleanup.

O�O� W AT eR�G
> -{
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Registered Agent
C.T. Corporation System
225 Hillsborough Street
Raleigh, N.C. 27603
Dear Sir/Madame:
Michael F. Easley
Governo
William G. Ross, Jr.,Secretar.
North Carolina Department of Environment and Natural Resource;
Gregory J Thorpe, Ph.D., Acting Directc
Division of Water Qualit
DIVISION OF WATER QUALITY
August 7, 2001
Subject: Notice of Violation
NCGS 143-215.1(a)-
Control of Sources of
Water Pollution
NCGS 143-215.75 Oil Pollution
and Hazardous Substance Control
Act
Carolina Quarries, Inc.
White Gardenia Quarry
Rowan County, N.C.
On July 27, 2001, Mr. Samar Bou-Ghazale of this Office
conducted an investigation of an alleged illegal discharge of oil
at the subject facility. During the investigation, it was
learned that employees of White Gardenia Quarry, Inc., are steam
cleaning hydraulic equipment, washing hand drill tools, and
discharging the washwater onto the ground.
To comply with the General Statutes pertinent to discharges
of wastewater, it will be necessary to immediately discontinue
the wastewater discharges. A permit for the construction and
operation of adequate wastewater treatment facilities and for the
creation of an outlet to lands or waters of the State, for the
disposal of wastewater, must be obtained if the discharge is to
continue. Furthermore, the failure to immediately notify this
department of the oil discharges and to immediately undertake to
collect and remove the discharges of oil are violations of NCGS
143-215.85 and 143-215.84(a), respectively.
AMA
N —
Customer Service
1 800 623-7748
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE [phone]
FAX [phone]

r
C.T. Corporation System
August 7, 2001
Page 2
Pursuant to NCGS 143-215.6A, penalties of up to $25,000.00
per day per violation may be assessed against any person who
violates NCGS 143-215.1(a)- Control of Sources of Water
Pollution. Pursuant to NCGS 43-215.88(A), penalties of up to'
$5,000.00 per day per violation may be assessed against any
person who discharges oil, who fails to report such discharges,
or who fails to immediately clean up the discharged oil.
It is requested that a written response be submitted to this
Office by no later than August 21, 2001 explaining action taken
to eliminate all discharges, including action taken to restore
areas affected by the oily discharges. The response should also
indicate the disposal location for any contaminated soil.
If you have any questions concerning this matter, please do
not hesitate to contact Mr. Samar Bou-Ghazale or me at (704) 663-
1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Rowan County Health Department
Ms. Helen Holshouser, Manager
SBG

I. ,,{ JAMES'-B. HUD
'GOVERNOR`'
> BILL'HOLMAN
'SECRETARY
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES V
DIVISION OF WATER QUALITY
MOORESVILLE- REGIONAL OFFICE
June 14, 2000
_:- CERTIFIED MAIL
RETURN RECEIPT REOUESTED
:.Mr. G.A. Loman
2320 Agner Road
Salisbury, North Carolina 28146
Subject: Notice of Violation
Discharge of Oil
Rowan County, NC
,'..Dear Mr. Loman:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS)
authorizes and directs the Environmental Management Commission of this
Department to protect and preserve the water resources of the State. The Division of
k; Water Quality has the delegated authority to enforce adopted pollution control rules
and regulations.
Enclosed please find a copy of the Complaint Investigation Report for the
investigation conducted on June 7, 2000 by Wes Bell of this Office. As a result of
this investigation, the following condition was found on your property in violation of
North Carolina General Statute (NCGS) 143-215.83(a):
The soil adjacent to the graveled driveway on the cleared lot owned by
Mr. G.A. Loman along Agner Road was stained with a petroleum
�r product (oil). The depth of soil contamination appeared to be three to
six inches.
143-215.88A, any person who intentionally
Be advised that pursuant to NCGS
or negligently discharges oil (or other hazardous substances), or knowingly causes or
permits the discharge of oil in violation of NCGS 143-215.83(a), or who fails to report
l
a discharge as required by NCGS 143-215.85, or who fails to comply with the clean
up requirements of NCGS 143-215.84(a), shall incur, in addition to any other penalty
provided by law, a penalty in an amount not to exceed five thousand do ars
. ($5,000.00) for each such violation, and for each day the violation continues.
N L Penalties may also be assessed for the damages to the surface waters of the State that
p' t
may result from the unpermitted discharge. You will be advised of any enforcement
recommendation.
W
2 0 :I 0
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 2811S
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

w
Mr. Loman
Notice of Violation
Page Two
To comply with the regulations, it will be necessary to collect and remove the
contaminated soil and restore all affected areas as nearly as may be to the conditions existing
prior to the discharge.
It is requested that you respond, in writing, to this Notice, indicating actions taken to
collect and remove the discharge, to restore all affected areas, and measures taken to prevent
future spills (discharges). Please address your response to Mr. Bell by no later than June 30,
2000.
Should you have questions, please do not hesitate to contact either Mr. Bell or me at
[phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachment
cc: Rowan County Health Department

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: June 7, 2000
WO
INVESTIGATED BY: Wes Bell TIME SPENT: 1.0 hour
PLACE VISITED: G.A. Loman Property
PHYSICAL LOCATION: Agner Road, Rowan County
MAILING ADDRESS: 2320 Agner Road
Salisbury, N.C. 28146
RIVER BASIN: Yadkin -Pee Dee
PERSON CONTACTED: Mr. G.A Loman, owner
REASON FOR VISIT: Investigation of complaint regarding illegal discharge of oil
COPIES TO: Rowan County Health Department
' 6):M
On June 5, 2000, this Office received a report that used oil had migrated off the Loman
property onto an adjacent property owner's garden off of Agner Road, Rowan County. The
complaint was investigated by Wes Bell of this office on June 7, 2000.
The Loman property had been cleared by a contracted logging operation. The adjacent
property was inspected to determine if there had been any oil discharges. No oil discharges were
detected. Mr. Loman's property was also inspected for possible oil discharges. Four large areas
of standing water were observed to contain a sheen that appeared to be caused by the natural
decomposition of organic material (stagnant water). The soil at each site did not appear to be
impacted by any oil discharges. A small area of soil near the entrance to the Loman property was
apparently stained with a petroleum product. The depth of contamination appeared to be three to
six inches. No surface water was impacted.
Mr. Loman was contacted via telephone regarding the findings of the investigation. Mr.
Loman indicated that he would contact the logging operation that was at his property and ask
them to remove the contaminated soil. Mr. Loman was informed that all of the contaminated
soil needed to be removed for proper treatment/disposal. Once the contaminated soil was
removed, the site needed to be returned to the conditions that existed prior to the spill. Mr.
Loman was courteous and very helpful throughout the investigation. A follow-up investigation
may be necessary to verify adequate cleanup.

2
<t
t r
'JAMES.B HUNTJR
•GOVERNOR --
aJ- Mr. Mike Fink
440 Lakeshore Drive
BILL HOLMAN Salisbury, North Carolina 28146
Dear Mr."Fink:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
MOORESVILLE REGIONAL OFFICE
June 14, 2000
Subject: Compliant Investigation
Rowan County, NC
Attached is a copy of the Report of Investigation prepared by Wes Bell of this
Office regarding the discharges of oil that were reported by you on June 5, 2000.
The report should be self-explanatory; however, should you have any questions
concerning this report, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachment
cc: Rowan County Health Department
N C
: 0 3 0
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

La 'WET.
JUKE 27, 2000
Mr. Wes Bell
NC Dept. of Environment & Natural Resources
919 N. Main Street
Mooresville, N. C. 28115
Dear Mr. Bell:
The soil which contained petroleum oil adjacent to the gravel driveway on the cleared lot
owned by G. A. Lowman on Agner Road was picked up and removed by the logging firm
of Ivey Isenhour during the week of June 17, 2000.
The plastic oil containers left by the logging crew was also picked up at that time.
The ditch was cleared of logs and the road was re -graded by Isenhour.
I believe the problems have been taken care of and the site has been returned to the
condition it was before. If I can be of any further help in the matter, please do not
hesitate to get in touch with me.
Best regards,
G. A. Lowman
2320 Agner Road
Salisbury, N. C. 29144
J

NCDENR
JAMES B. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
NORTH" CAROLINA DEPARTMENT OF G
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
MOORESVILLE .REGIONAL OFFICE
WATER QUALITY SECTION
May 5, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.L. Harrington, President
KERR T. STEVENS. R.L. Harrington Enterprises, Inc.
DIRECTOR 2609 Woodsdale Avenue
Kannapolis, North Carolina 28081
Subject: Notice of Violation
Notice of Recommendation for Enforcement
For Violation of NCGS 143-215.1
_
Control of Sources of Water Pollution
R.L. Harrington Enterprises, Inc.
Rowan County
Dear Mr. Harrington:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS)
authorizes and directs the Environmental Management Commissi6n of this Department
'
to protect and preserve the water resources of the State. The Division of Water Quality
(Division) has the delegated authority to enforce adopted pollution control rules and
regulations.
Enclosed please find a copy of a Complaint Investigation Report for the
_ w
investigation conducted at R.L. Harrington Enterprises, Inc. in Enochville, North
_ 3
Carolina, on March 30 and April 20, 2000, by Mr. Roberto Scheller of this Office. As
- a
`j
a result of this investigation the following conditions were found on the property and in
a drainage ditch adjacent to Crystal Lane in violation of NCGS 143-215.1:
R.L. Harrington Enterprises, Inc. was discharging black washwater into a storm
water ditch. The ditch flows along Crystal Lane and into an unnamed tributary
(UT) of Mill Creek. Mr. Harrington, President of R.L. Harrington Enterprises,
-'
Inc., was contacted and made aware that the illegal discharge of wastewater
must cease and be properly disposed.
- ,- -
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10`Yo POST -CONSUMER PAPER

Notice of Violation
Notice of Recommendation for Enforcement
R.L. Harrington Enterprise, Inc.
Page Two
This letter is to notify you that the Mooresville Regional Office of the Division of Water
Quality is considering sending a recommendation for enforcement action to the Director of the
Division. The recommendation concerns the violation of North Carolina General Statutes 143-
215.1(a), 143-215.1(a)(1), and 143-215.1(a)(6); specifically, discharging wastewater without
applying for and receiving the appropriate permit, the creation of an outfall for a wastewater
discharge to the waters of the State, and causing or permitting waste to directly be discharged to and
intermixed with the waters of the State. Penalties may be assessed, up to $25,000 per day, per
violation. Also any violations of water quality standards attributable to the discharge can also be
assessed.
To comply with the regulations, it will be necessary to immediately discontinue all
unpermitted discharges of wastewater. remove the discharge pipe. and restore all affected areas as
nearly as may be to the conditions existing prior to the discharge.
If you have an explanation for the violations that you wish to present, please respond in
writing within ten (10) days following receipt of this Notice. Your explanation will be reviewed and
if an enforcement action is still deemed appropriate, your explanation will be forwarded to the
Director with the enforcement package for his consideration. Please address your response to my
attention at the letterhead address.
Should you have questions, please do not hesitate to contact either Roberto Scheller or me
at 704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Rowan County Health Department
rls

r.
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: March 30, and April 20, 2000
INVESTIGATED BY: Roberto L. Scheller.,-,.,
TIME SPENT: 4 Hours
PLACE VISITED: R. L. Harrington Enterprises, Inc.
PHYSICAL LOCATION: Woodsdale Avenue (See Enclosed Map)
Rowan County, NC
MAILING ADDRESS: 2609 Woodsdale Avenue
Kannapolis, NC 28081
TELEPHONE #: [phone]
RIVER BASIN: Yadkin -Pee Dee
PERSON CONTACTED: Mr. R. L. Harrington, President
REASON FOR VISIT: Investigation of Complaint Regarding Discharge of Black Wastewater
into Ditch.
COPIES TO: Rowan County Health Department
Mr. R.L. Harrington
REPORT:
On March 27, 2000, this Office received an anonymous complaint regarding the
discharge of black wastewater into a dry ditch. The complaint was investigated by Roberto L.
Scheller of this office on March 30 and April 20, 2000.
The investigation revealed that R.L. Harrington Enterprises, Inc. was discharging black
washwater into a storm water ditch. The ditch flows along Crystal Lane (See Photo #1, #2, and
#3) to an unnamed tributary (UT) of Mill Creek which is a class WS-II water in the Yadkin -Pee
Dee River Basin. It was noted during the investigation that Mill Creek is a tributary to the

Complaint Investigation
Page Two
Coddle Creek Reservoir, which is the water supply for the City of Concord. Mr. Harrington,
President of R.L. Harrington Enterprises, Inc. was contacted and made aware that the illegal
discharge of wastewater needed to be ceased immediately. Any wastewater generated by the
company should be properly disposed by connecting to a sanitary sewer or installing a septic
tank/nitrification field.
A certified ' letter will be sent to Mr. Harrington to inform him of the North Carolina
environmental laws regarding the discharge of wastewater and other substances into the waters of
the State. A follow up investigation will be necessary to confirm compliance.

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R. L. HARRINGTON ENTERPRISES, INC.
2609 Woodsdale Avenue - Kannapolis, N.C. 28081
Rowan County
Phone: [phone]
Fax: [phone]
May 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. D. Rex Gleason, P.E.
Water Quality Regional Supervisor
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Mooresville Regional Office
Subject: Notice of Violation
Notice of Recommendation for Enforcement
For Violation of NCGS 143-215.1
Control of Sources of Water Pollution
Dear Mr. Gleason,
Not realizing the complexities of the situation, during the course of our work week
my employees had maintained my fleet of vehicles, including the washing of tires and rims.
To my knowledge the black washwater, as noted in the complaint, was nothing but the
obvious dirt and black from the tires and vehicles themselves.
Subsequent to our notification and inspection by Mr. Roberto L. Scheller, I
immediately discontinued the previous normal maintenance until I was able to correct the
drainage problem.
At this point we have routed the washwater into our septic system Enclosed are
several pictures to reflect this correction and clean-up.
Let me apologize for any unintentional negligence on my part. I have lived and
worked at this present location for over 30 years. To the best of my knowledge, if you
would check my record, there has never been cause for prior complaints; and I would like
to think that I will never give cause for future complaints as well.
I look forward to Mr. Scheller's return inspection and hope this meets with your
approval.
`b l7
Respec lly,
Robert L. Harrington
President

NORTH CAROLINA DEPARTMENT OF
�� ENVIRONMENT AND NATURAL RESOURCES
W fA l
H D N MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 22, 1999
JAMES B. HUNT JR.
GOVERNOR CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BILL HOLMAN Mr. Paul Sprinkle, Owner
S�c��ucy
Sprinkle's Complete Truck Repair, Inc.
220 Honeysuckle Lane
Salisbury, North Carolina 28146
Subject: Notice of Violation
Complaint Investigation
Illegal Discharge
Sprinkle's Complete Truck Repair, Inc.
Rowan County, NC
Dear Mr. Sprinkle:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes
} and directs the Environmental Management Commission of this Department to protect and
preserve the water and air resources of the State. The Division of Water Quality has the
delegated authority to enforce adopted pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the
investigation conducted on November 9, 1999 by Mr. Wes Bell of this Office. As a result
Of this investigation, the following conditions were found on the property in violation of
North Carolina General Statute (NCGS) 143-215.1:
- An employee of Sprinkle's Complete Truck Repair, Inc. was wet sanding
a vehicle. The rinse water from the wet sanding had discharged into an
adjacent stormwater ditch. A brownish sheen was detected on the rinse
water's surface.
Be advised that NCGS 143-215.6A provides for a civil penalty assessment of not
more that twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars
($25,000.00) per day when the violation is of a continuing nature, against any person who
is required but fails to apply for or to secure a permit required by NCGS 143-215.1.
4 Penalties may also be assessed for any damage to the surface waters of the State that may
result from the unpermitted discharge. You will be advised of any enforcement
recommendation.
.' 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 261 15
. PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Paul Sprinkle
Page Two
To comply with the regulations it will be necessary to cease the discharge immediately . It
is requested that you respond, in writing, to this Notice, indicating the actions you have taken. Please
address your response to Mr. Bell by no later than December 13, 1999.
Should you have questions, please do not hesitate to contact either Mr. Bell or me at (704)
663-1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachment
cc: Rowan County Health Department
M.

ppppppp,
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: November 9, 1999
INVESTIGATED BY: Wes Bed TIME SPENT: 2.0 hours
PLACE VISITED: Sprinkle's Complete Truck Repair, Inc.
PHYSICAL LOCATION: 220 Honeysuckle Lane
Salisbury, Rowan County
MAILING ADDRESS: 220 Honeysuckle Lane
Salisbury, N.C. 28146
TELEPHONE #: [phone]
RIVER BASIN: Yadkin -Pee Dee
PERSON CONTACTED: Mr. Paul Sprinkle, owner
REASON FOR VISIT: Investigation of complaint regarding illegal discharge of oil/antifreeze
COPIES TO: RowanCounty Health Department
REPORT:
On November 9, 1999, this Office received a report that used motor oil and antifreeze had
been discharged into a stormwater ditch at Sprinkle's Complete Truck Repair, Inc. in Salisbury,
Rowan County. The complaint was investigated by Wes Bell of this office on November 9,
1999.
Mr. Bell of this office met with Mr. Sprinkle at the alleged location of the discharge. Mr.
Sprinkle indicated that no oil or antifreeze had ever been discharged into the stormwater ditch.
The stormwater ditch was inspected for the discharge of oil and/or antifreeze. No evidence was
found to indicate oil and/or antifreeze discharges. An oil/water separator was installed at this
facility for the containment of oil discharges that occur during vehicle maintenance. Energy
Recovery Resources, Inc. has been contracted to remove the constituents in the-oil/water
separator on an as -needed basis. The oil/water separator was inspected and no outlet (discharge)
pipes were detected. Mr. Sprinkle had the appropriate documentation that verified proper
removal of the oil/water separator constituents.

Complaint Investigation
Page Two
During the investigation, an employee of Mr. Sprinkle was wet sanding outside the
maintenance shop. The rinse water appeared to contained a brownish sheen and discharged into
the adjacent stormwater ditch. No streams were affected by the discharge. According to Mr.
Sprinkle, wet sanding is not performed on a regular basis. Mr. Sprinkle was informed that the
discharge was a violation of North Carolina environmental laws and needed to be ceased
immediately. Mr. Sprinkle indicated that wet sanding would be performed at the drain that is
connected to the oil/water separator. Mr. Sprinkle was courteous and very helpful throughout the
investigation. A follow-up investigation may be necessary to verify the location of the wet
sanding discharges.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE"
DIVISION OF WATER QUALITY
July 6, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ron Wilhelm
Post Office Box 598
Kannapolis, North Carolina 28082-0598
SUBJECT: NOTICE OF VIOLATION
for Unauthorized Stream Impacts at
Landis Industrial Park
Intersection of S. Chapel St. & S. Beaver St.
Landis, Rowan County
Dear Mr. Wilhelm:
On June 10, 1999, Charley Schwartz from the Mooresville Regional
Office of the North Carolina Division of Water Quality (NCDWQ) visited the
subject property. During the site visit, Mr. Schwartz documented unauthorized
impacts to an unnamed tributary to Cold Water Creek which has a water quality
certification of WS-IV critical area. Specifically, Mr. Schwartz noted that
much of the channel had been either piped or impacted by sediment and fill
material associated with the project construction.
These activities require a Section 404 Permit from the U.S. Army Corps
of Engineers (USACOE) and also require a Section 401 Water Quality
Certification from NCDWQ. You were notified of these requirements by a
letter prepared by this Office on February 16, 1999; however, it does not appear
that you received proper authorization prior to continuing with development of
the project, further impacting the subject stream. Therefore, the Division
believes that you are in violation of Section 301 of the Federal Clean Water
Act. In addition, the Division believes that you are also in violation of North
Carolina Administrative Code 15A 2H .0500 which requires application to
NCDWQ for these impacts. U.S. Army Corps of Engineers staff will confirm
violations of any Federal Law at a later date.
Please respond to this Notice of Violation within 21 days upon your
receipt of this letter. Your response should include why these unauthorized
impacts occurred and what restorative measures you plan to implement to bring
this project into compliance. Failure to respond to this Notice of Violation or
to adequately address these unauthorized activities may result in an
enforcement action being pursued against you by one or more of the following
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 261 15
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER

Mr. Ron Wilhelm
NOV for Unauthorized Stream Impacts
July 6, 1999
Page 2
agencies: 1) The North Carolina Division of Water Quality; 2) U.S. Army Corps of Engineers;
and/or 3) U.S. Environmental Protection Agency (USEPA). In addition, stream mitigation may
be required by NCDWQ for these impacts.
You should submit your written response to the address listed on the bottom of the
letterhead page. If you should have any further questions regarding this matter, please contact
Mr. Charley Schwartz or me at [phone].
Sincerely,
n'
D. Rex Gleason, P.E.
Regional Water Quality Supervisor
cc: Eric Fleek—NCDWQ Central Office
Steve Chapin - USACOE
h:/401 /Lndpknov.doc

` State of North Carolina
Department of Environment
and Natural Resources
Mooresville Regional Office
James S. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
December 9, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Cecil Worsley, III, President
Worsley Companies, Inc.
10 Cardinal Drive
Wilmington, North Carolina 28403
Subject: Notice of Violation
Violation of NCGS 143-215.1
Illegal Discharge
The Derrick Truck Stop
Rowan County, NC
Dear Mr. Worsley:
Chapter 143, Article 21 of the North Carolina General Statutes
(NCGS) authorizes and directs the Environmental Management
Commission of this Department to protect and preserve the water and
air resources of the State. The Division of Water Quality has the
delegated authority to enforce adopted pollution control rules and
regulations.
Enclosed please find a copy of a Complaint Investigation
Report for the investigation conducted on December 3, 1997 by Mr.
G. T. Chen of this Office. As a result of this investigation, the
following condition was found .on the property in violation of North
Carolina General Statute (NCGS) 143-215.1 (discharge of wastewater
without an appropriate permit):
Top soil in a drainage swale behind The
Derrick Truck Stop is contaminated with oil
and diesel fuel apparently from runoff from
the area used by the truckers to change tires.
Be advised that NCGS 143-215.6A provides for a civil penalty
assessment of not more than ten thousand dollars ($10,000.00), or
ten thousand dollars ($10,000.00) per day when the violation is of
a continuing nature, against any person who is required but fails
to apply for or to secure a permit required by NCGS 143-215.1.
Penalties may also be assessed for any damage to the surface waters
of the State that may result from the unpermitted discharge.
919 North Main Street, Nif
AVoice 704-663-1699 W
Mcoresville, North Carolina 28115 4 FAX [phone]
CAn Equal Opcortunity/Affirmative Action Employer
_ 50°o recycled/10% post -consumer paper

Mr. Cecil Worsley, III
Page Two
December 9, 1997
Also be advised that NCGS 143-215.83 makes it unlawful to
discharge oil to lands or waters of the State unless such discharge
is permitted or otherwise occurs as a result of an act of God or
vandalism. NCGS 143-215.85 requires immediate reporting of such
spills to this Agency, and NCGS 143-215.84 requires immediate
containment and cleanup of any spilled material. Violation of the
above cited General Statutes subjects the violator to civil
penalties of up to $5,000 per day for each violation.
To comply with the regulations it will be necessary to cease
the discharge immediately and to restore the area contaminated by
the discharge to the condition existing prior to the discharge. It
is also requested that you respond, in writing, to this Notice,
indicating the actions you have taken. Please address your
response to Mr. G. T. Chen, by no later than December 23, 1997.
Should you have questions, please do not hesitate to contact
Mr. Chen or me at 704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Acting Regional Supervisor
Enclosure
CC: Rowan County Health Department
Mr. Robert Craig, General Manager, The Derrick Truck Stop
Bob Sledge, Compliance Group, DWQ
gtc

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
PLACE VISITED: The Derrick Truck Stop
DATE: December 5, 1997_
ADDRESS: I-85 and Peeler Road, Exit 71, Salisbury, NC 28144
RIVER BASIN: Yadkin
BY WHOM: G. T. Chen 9 7-ZZ,
TIME SPENT: 2 hrs.
PERSONS CONTACTED: Mr. Robert Craig, General Manager, The
Derrick Truck Stop .
REASON FOR VISIT:. Complaint Investigation: Alleged discharge
of fuel pad wash -water into drains
COPIES TO: Mr. Robert Craig, General Manager of The Derrick
Truck Stop; Mr. Cecil Worsley III, Worsley
Companies, Inc.
Rowan County Health Department
REPORT:
In response to the above referenced complaint referred to
this Office on December 2, 1997, by staff of the Division of
Solid Waste Management, Hazardous Waste Section, an investigation
was performed by Mr. G. T. Chen of this Office on December 3,
1997.
According to the complaint, The Derrick Truck Stop, which is
owned by Worsley Companies, Inc., has been washing fuel spills
off the fuel pads into a drain that empties beside the garage
office at the back of a building.
The investigation revealed that wash -water may have been
discharged from a paved area (behind the truck stop building)
that has been used for changing tires . Diesel fuel, antifreeze,
motor oil, etc. may have dripped on the ground and washed off
into a drainage swale behind the building via a furrow. Top soil
on the drainage Swale was dark and oily, and a fuel odor was also
detected. According to Mr. Robert Craig, General Manager of The
Derrick Truck Stop, an oil/water separator was installed at this

Page Two
facility to receive storm water and spillages from fuel pump
areas. However, Mr. Craig was unable to locate the oil/water
separator. Mr. Craig was advised to clean up the contaminated
area and properly dispose of the contaminated soil. A Notice of
Violation will be sent to Mr. Cecil Worsley, III, President of
Worsley Companies, Inc. for the noted unpermitted discharge(s).
Further action on this matter may be necessary.

S� ate of North Carolina
Department of Environment,INA
j'
Health and Natural Resources ` 'a
Mooresville Regional Office
James B. Hunt, Jr., Governor p E H N R
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
September 18, 1997
Mr. Bobby Whitley
574 Church Street
Concord, NC 28025
Subject: Notice of Violation
NCGS 143-215.1
Unpermitted Discharge
Whitley's Car Wash
Rowan County, NC
Dear Mr. Whitley:
On August 20, 1997, Mr. Barry Love of this office investigated a complaint concerning a
green discharge running through a ditch adjacent to Ridge Avenue in Kannapolis, Rowan County.
During inspection of the site, the investigator observed that the discharge was coming from the
ground down gradient of Whitley's Car Wash. The investigator spoke to you, and you confirmed that
the discharge was coming from Whitley's Car Wash connection to the sewer line.
The unpermitted discharge of any wastewater to the waters or lands of the state is a violation
of North Carolina General Statute 143-215.1, and is punishable by civil penalties of up to $10,000
per day per violation.
During the investigation, you told 1&. Love that you would have the discharge stopped that
same day. It is requested that a written response be submitted to this office by October 1, 1997,
explaining what actions were taken to cease the discharge. In responding please direct your
comments to the attention of Mr. Barry Love of this office.
If you should have any questions concerning this matter, please do not hesitate to contact Mr.
Love, Mr. Rex Gleason(Water Quality Regional Supervisor), or me at [phone].
Sincerely,
16�4 .
Barbara Christian,
Acting Regional Supervisor
919 North Main Street, Ay
1K 14 FAX [phone]
Mooresville, North Carolina 28115 N)"f CAn Equal Opportunity/AKrmative Action Employer
Voice 704-663-1699 500% recyc,ed/10°b post -consumer paper

;i
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: August 20, 1997
INVESTIGATED BY: Barry Love A�TIME SPENT: 1 hour
PLACE VISITED: Whitley's Car Wash
PHYSICAL LOCATION: 910 Ridge Avenue in Kannapolis, Rowan County
MAILING ADDRESS:
Bobby Whitley
574 Church Street
Concord, NC 28025
TELEPHONE #: [phone]
RIVER BASIN: Yadkin
PERSON CONTACTED: Bobby Whitley
REASON FOR VISIT: Green discharge in ditch.
COPIES TO: Rowan County Health Department
Larry Phillips
REPORT:
On August 19, 1997, this office received a complaint concerning a green discharge
running through a ditch near 910 Ridge Avenue in Kannapolis, Rowan County.
Mr. Barry Love of this office investigated the complaint on August 20, 1997. Upon
arrival at the site the investigator observed a green discharge running across an empty parking lot
beside Ridge Avenue. The investigator followed this discharge uphill to where it was coming out
of the ground. The investigator then went further uphill to Whitley's Car Wash and spoke to Mr.
Bobby Whitley(the owner). Mr. Whitley stated that the tire cleaner he used was green and that he
had a connection to the sanitary sewer. The investigator showed Mr. Whitley where the discharge
was coming from the ground, and Mr. Whitley confirmed that it was a leak from his connection

OF -
0.
to the sewer line. Mr. Whitley stated that he would take care of the problem that day. A letter will
be sent to Mr. Whitley notifying him of regulations pertaining to illegal discharges and requiring
him to respond explaining what was done to stop the discharge.

State of North Carolina
Department of Environment,
Health and Natural Resources •
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
May 13, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Walt Higgins
714 Park Avenue
Salisbury, North Carolina 28144
Subject: Notice of'Violation
NCGS 143-215.75
Oil Pollution and Hazardous
Substances Control Act of 1978
_Kerosine Oil Spill
-Rowa-n -County;- N_C.�
Dear Mr. Higgins:
Chapter 143, Article 21 of the North Carolina General Statutes
(NCGS) authorizes and directs the Environmental Management
Commission of this Department to protect and preserve the water and
air resources of the State. The Division of Water Quality has the
delegated authority to enforce adopted pollution control rules and
regulations.
Ms. Linda Vernon of this Office investigated a complaint on
March 21, 1997. As a result of this investigation, the following
condition was found on the property in violation of NCGS 143
215.83(a).
Upon investigation of the -site, an area of contaminated
soil approximately 15 feet by 15 feet around the kerosine
oil tank and 15 feet by 10 feet on an adjacent property,
as evidenced by dead grass, was observed.
Further, the failures to immediately notify this Department of
the spill (discharge) and to immediately undertake to collect and
remove the discharge are violations of NCGS 143-215.85 and 143-
215.84(a), respectively..
919 North Main Street, ��� FAX [phone]
Mooresville, North Carolina 28115 f C An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 - 50% recycled/10% post -consumer paper

Mr. Walt Higgins
Page Two
May 13, 1997
To comply with the regulations; it will be necessary to
immediately undertake to collect and remove the discharged kerosine
oil and restore all affected areas as nearly as may be to the
conditions existing prior to the discharge.
Be advised that, pursuant to NCGS 143-215.88A, any person who
intentionally or negligently discharges oil or other hazardous
substances, or knowingly causes or permits the discharge of oil in
violation of NCGS 143-215.83(a), or who fails to report a discharge
as required by NCGS 143-215.85, or who fails to comply with the
clean up requirements of NCGS 143-215.84(a), shall incur, in
addition to any other penalty provided by law, a penalty in an
amount not to exceed five thousand dollars. ($5000.00 ) for each such
violation. Penalties may also be assessed for the damages to the
surface waters of the State that may result from the unpermitted
discharge. you will be advised of any enforcement recommendation.
it is request that you respond, in writing, to this"Notice,
indicating the measures taken to collect and remove the discharge
and to restore all affected areas, and also any measures taken to
prevent future spills (discharges). Excavated contaminated soil
must be disposed of properly. The response should indicate the
final disposal site. Please address your response to Ms. Vernon PY
no later that May 27, 1997.
Should you have questions, please do not hesitate to contact
either Ms. Vernon or myself at 704-663-1699.
Sincerely,
D. Rex Gleason, P.E.
Acting Regional Supervisor
Attachment
cc: Rowan County Health Department
LV

pppppp".i

Recheck Complaint Investigation
September 5,1997
Oil Pollution and hazardous Substances Control Acto of 1978
Kerosine Oil Spill
Rowan County, NC
Mr. Walt Higgins
Rechecked and cleaned up

UNIVERSAL FOREST PRODUCTS, INC.
April 15, 1997
B. Keith Overcash, P.E.
Regional Supervisor
N.C. Dept. of Health & Natural Resources
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
Re: Notice of Violation
Ref: DEHNR Letter Dated March 31,1997
Dear Mr. Overcash:
N.C. DEPT. OF
ENVIROI11so,5I,NT, HEALTH,
& NATURAL PEsOU CES
APR '1 6 1997
!I
P!�Ii'JOPBS'ILLE Or7I.'E
VIA OVERNIGHT DELIVERY
During your site visit on March 20, 1997 to Universal Forest Products Eastern Company, Inc.'s facility
in Salisbury, North Carolina, you expressed concern about the fact that we were washing forklifts.
In your notice of violation letter, you state that we were in violation of numerous state laws. Although
we do not believe that periodic washing of our forklift violated any applicable law or regulation, we
will work with the state to address any legitimate concerns. We have addressed your concern over
washing the forklifts by moving this operation to an area where all of the water from the forklift
washing flows to our wood treating process, which is a closed water system_ with noo discharge:
Should you have any questions, please do not hesitate to contact me.
Sincerely, ✓G �.
Co
Scott W. Conklin
Manager, Wood Preservation
C "MW4110
Corporate Headquarters
2801 East Beltline, NE Grand Rapids, MI 49505-9736 Tel: [phone] Fax: [phone]

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office .
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Frame
New London Brick Works
17375 Old Beatty Ford Road
Gold Hill, NC 28071
Dear Mr. Frame:
11DEHNR
DIVISION OF WATER QUALITY
June 25, 1997
Subject:
Notice of Violation
Illegal Discharge
New London Brick Works
Rowan County
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve the
water resources of the State. The Division of Water Quality has the delegated authority to enforce
adopted pollution control rules and regulations.
On June 17, 1997, Mr. Todd St. John of this Office, inspected the New London Brick Works
site in regards to an application for a spray irrigation facility to treat domestic wastewater. During
the inspection, the following condition was found on the property in violation of North Carolina
General Statute (NCGS) 143-215.1:
Process wastewater from a brick cutting operation was being discharged from the facility into a ditch
leading off of the subject property. The Company does not have a permit to discharge wastewater.
Therefore, the subject discharge is a violation of North Carolina General Statute (NCGS) 143-215.1.
Be advised that NCGS 143-215.6A provides for a civil penalty assessment of not more than
ten thousand dollars ($10,000.00), or ten thousand dollars ($10,000.00) per day per violation when
the violation is of a continuing nature, against any person who is required but fails to apply for or
to secure a permit required by NCGS 143-215.1. Penalties may also be assessed for any damage to
the surface waters of the State that may result from the unpermitted discharge. You will be advised
of any enforcement recommendation.
919 North Main Street, ��� FAX [phone].
Mooresville, North Carolina 28115 4FAn Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 500% recycled/100/. post -consumer paper

Mr. Wyn Frame
Page 2
June 24, 1997
To comply with the regulations it will be necessary to cease the discharge immediately. It
is also requested that you respond, in writing, to this Notice, indicating the actions you have taken.
Please address your response to Mr. Todd St. John by no later than July 15, 1997.
Should you have questions, please do not hesitate to contact either Mr. Todd St. John or me
at 704/663-1699.
Sincerely,
• � C.c �:L� "1
D. Rex Gleason, P.E.
Acting Regional Supervisor
Enclosure
cc: Rowan County Health Department

Ppppst, of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
1 � •
EDEHNFR
' DIVISION OF ENVIRONMENTAL MANAGEMENT
April 8, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bill Troxler
Mid -South Ford Holland Tractor
914 Webb Road (Exit 70)
Salisbury, North Carolina 28146
Subject: Notice of Violation
Unpermitted Discharge
Mid -South Ford Holland Tractor
Rowan County, NC
Dear Mr. Troxler:
On April 4, 1996, Ms. Patricia Beam of this Office visited
your facility to investigate a reported discharge of wastewater.
The investigation revealed that the equipment wash area allows
water to drainontoa gravel surface which then drains to a
stormwater French drain. Due to the hot water used in the steam
wash and the oil washed off the equipment (thermal pollution and
oil are regulated by effluent standards), this drainage to the
stormwater drain and the drainage to the groundwater constitutes a
discharge of wastewater to waters of the state. Pursuant -to North
Carolina General Statute (NCGS) 143-212 "waters" of the state is
defined in Article 21 (Water and Air Resources) of the General
Statutes as "...any body or accumulation of water, whether surface
or underground, public or private, or natural or artificial, that
is contained in, flows through, or borders upon any portion of the
State..."
This letter is to advise you that NCGS 143-215.1 requires that
discharges of this type be permitted and that the discharge be
properly treated. NCGS 143-215.6A allows the Environmental
Management Commission to assess civil penalties of not more than
ten thousand dollars ($10,000) per day per violation of NCGS 143-
215.1. You will be notified of any enforcement action which may
be recommended by this Office.
919 North Main Street, N*
7W FAX [phone]
Mooresville, North Carolina 28115 VfC An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/10% post -consumer paper

Mid -South Ford Holland Tractor
Page Two
April 8, 1996
The subject discharge must be ceased until it is properly
treated and permitted. Surface discharge is an option; however, an
alternative system such as a recycle system or a subsurface
treatment system are recommended for small flow facilities.
Be advised that prior to the installation of a recycle system a
nondischarge permit for a recycle facility must be submitted to the
North Carolina Department of Environment, Health, and Natural
Resources. A subsurface treatment system would be permitted by the
Rowan County Health Department. Permit applications for surface
discharge and for recycle facilities are enclosed. A consulting
engineer should be retained to evaluate your wastewater
requirements and to design an appropriate system.
You are requested to submit a written response to this Office
no later than May 1, 1996 concerning this Notice. Your response
should include what actions have been taken to cease discharge and
to obtain permits for the construction of a treatment system.
Please direct your response to Mr. D. Rex Gleason, Water Quality
Regional Supervisor.
If you have any questions concerning this Notice, please do
not hesitate to contact Ms. Beam, Mr. Gleason, or me at 704-663-
1699.
Sincerely,
Bf th Overcash, P.E.
Regional Supervisor
Enclosure
cc: Rowan County Health Department
PB

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: April 4, 1996
INVESTIGATED BY: Patricia Beam and Jesse Wells
TIME SPENT: 1.5 hours
PLACE VISITED: Mid -South Ford Holland Tractor
PHYSICAL LOCATION: I-85 and Webb Road at Exit 70
MAILING ADDRESS: 914 Webb Road (Exit 70), Salisbury, N.C. 28146
TELEPHONE #: [phone] RIVER BASIN: Yadkin
PERSONS CONTACTED: Bill Troxler
REASON FOR VISIT: Investigate complaint of illegal wastewater
discharge and oil spillage
COPIES TO: Rowan County Department of Environmental Health
REPORT: On April 2, 1996, Ms. Beam (the writer) and Mr. Wells
with the Hazardous Waste Section conducted an investigation of
the subject complaint at Mid -South Ford Holland Tractor.
Ms. Beam and Mr. Wells proceeded to investigate the site for
evidence of spillage of oil and other unpermitted discharges.
The owner of the facility accompanied the investigators during
the site visit and was very cooperative in disclosing facts
concerning the facility.
The owner explained that the water (approximately 50
gallons/week) used in steam cleaning the equipment migrates
through the gravel around the edge of a concrete pad, and in
turn, flows back to the surface of the gravel at a point
approximately 25 feet downhill of the cleaning site. It is
understood that a French drain system, which is normally used in
the handling of stormwater, is located under the gravel, and it
is through this system that wastewater from the cleaning
operations flows. Due to the oil and other chemicals washed off
the equipment, this washwater must be properly treated prior to
disposal.

Page Two
There was evidence of oil around an area of empty 55-gallon
drums. A separate report of investigation has been prepared by
Mr. Wells documenting this violation and any action considered
necessary by the Hazardous Waste Section.

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Linda Diane Long, Regional Manager
CERTIFIED MAIL
DE H NR
DIVISION OF ENVIRONMENTAL MANAGEMENT
September 22, 1994
RETURN RECEIPT REQUESTED
Mr. Donald Myers
Winks S&W Fish Camp
7621 Old Mocksville Road
Salisbury, North Carolina 28144
Subject: Notice of Violation
Pump and Haul without a permit
Winks S&W Fish Camp
Rowan County, NC
Dear Mr. Myers:
On September 22, 1994 Mr. Donald Myers confirmed by telephone
that Winks S&W Fish Camp located on Old Mocksville Road, Salisbury,
North Carolina, is operating a pump -and haul wastewater disposal
system. The operation of a pump and haul facility without the
appropriate permit is a violation of NCGS 143-215.1(a)(8) and (9).
The pump and haul activity must cease until a Pump and Haul
Disposal System Permit has been obtained. Also be advised that
discharge to surface waters without an NPDES Permit is a violation
of NCGS 143-215.1(a)(6).
Enclosed is an application form for a Pump and Haul Disposal
System Permit. A Pump and Haul Permit -is limited for a six-month
period during which an acceptable method of wastewater treatment
and disposal must be installed. A subsurface treatment system
(septic tank and drain field) may be constructed with the approval
of the Rowan County Health Department as an alternative to surface
discharge.
NCGS 143-215.6A allows the Environmental Management Commission
to assess civil penalties of not more than ten thousand dollars
($10,000) per day per violation. You will be notified of any
enforcement action which may be recommended by this Office.
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Winks S&W Fish Camp
Pump and Haul NOV
Page 2
It is requested that a written response be submitted to this
Office by no later than October 10, 1994 which details actions
taken to cease the pump and haul activities and the installation of
a proper wastewater treatment system. In responding please address
your response to the attention of Mr. John Lesley of this Office.
Should you have any questions concerning this Notice, please
do not hesitate to contact Mr. Lesley, Mr. D. Rex Gleason, Water
Quality Regional Supervisor, or me at [phone].
Sincerely,
Brenda J. Smith, P.G.
Regional Supervisor
cc: Rowan County Health Department
JL
IL

{ 'State of North Carolina
Department of Environment
and Natural Resources
Mooresville Regional .Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
January 5, 1998.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Rockwell Granite Company
Mr. Albert F . Meij boom • -
P.O. Box 829
Granite Quarry, N.C. 28072
Subject: Notice of Violation
NCGS 143-215.1- Control of
Sources of Water Pollution
Permit Condition -Failure to
Meet Turbidity Limits
Rockwell Granite Quarry
COC NCG020136
Rowan County, NfC.
Dear Mr. Meijboom:
Chapter 143, Article 21 of the North Carolina General Statutes
(NCGS) authorizes and directs the Environmental Management
Commission of this Department to protect and preserve the water and
air resources of the State. The Division of Water Quality has the
delegated authority to enforce adopted pollution control rules and
regulations.
On December 4,. 1997, Mr. Samar Bou-Ghazale of this Office
conducted an investigation at the subject facility. Effluent tests
for turbidity below the two settling ponds were conducted. The
results were 640 NTU and'394 NTU. Both results reflect violations
of the permit condition for turbidity, which is 50 NTU.
919 North Main Street, ��
FAX [phone]
Mooresville, North Carolina 28115 �� An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 500% recycled/10010 post -consumer paper

Mr. Albert F. Meijboom
January 5, 1998
Page 2
It is also our understanding that the Division of Land
Resources (MRO) found Rockwell Granite Quarry in violation of
required best management practices.
Pursuant to NCGS 143-215.6A, penalties of up to $10,000.00 per
day per violation may be assessed against any person who violates
any classification, standard, limitation or management practice
established pursuant to NCGS 143-214.1, 143-214.2, or 143-215, or
who violates or fails to act in accordance with the terms,
conditions, or requirements of any permit required by NCGS 143-
215.1.
It is requested that a written response be submitted to this
Office by no later than January 15, 1998 explaining action taken to
attain compliance with the permit requirements. Please address
your response to Mr. Samar Bou-Ghazale in this Office.
If you have any questions concerning this matter, please do
not hesitate to contact Mr. Bou-Ghazale or me at (704). 663-1699, or
at the address shown on the letterhead.
Sincerely,
D.Rex Gl )ason, P.E.
Acting Regional Supervisor
cc: Rowan County Health Department
SBG

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Vivian H. Burke, Regional Manager
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. J. B. Kearns
Kearns Used Auto Parts
8525 Sunset End
Kannapolis, NC 28081
Dear Mr. Kearns:
IL ".
A&I;l
C)EHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 31, 1994
Subject: NOTICE OF VIOLATION
NCGS 143-215.75 -
Oil Pollution & Hazardous
Substance Control Act of 1978
Discharge of Oil
Kearns Used Auto Parts
Rowan County, NC
Chapter 143, Article 21
Statutes(NCGS) authorizes an
Management Commission of thi
the water and air resources
Environmental Management has
adopted pollution control ru
On January 18, 1994,
Office, collected soil an
samples were collected in
adequately been cleaned u
car crushing activities.
following condition was f
NCGS 143-215.83(a):
of the North Carolina General
d directs the Environmental
s Department -to protect and preserve
of the State. The Division of
the delegated authority to enforce
les and regulations.
o
Chris DeRoller and Mike Tynan,'of this
d water samples on your property. These
an effort to determine if the site had
p after having been contaminated during
As a result of this investigation, the
und on the property in violation of
The illegal discharge of petroleum products to the ground.
Laboratory analysis of the aforementioned samples showed
that the soil still contains total petroleum hydrocarbons in
the gasoline range at concentrations as high as 3,500 mg/kg.
The clean-up level for this type of contamination is 10
mg/kg. The petroleum contaminated soil sample was collected
in the area where the gasoline tanks had been stored prior
to disposal.
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Kearns
May 31, 1994
-page two -
Further, the failure to immediately notify this Department
of the discharge and to immediately undertake to collect and
remove the discharge are violations of NCGS 143-215.85 and 143-
215.84(a), respectively.
To comply with the regulations, it will be necessary to
immediately undertake to collect and remove the discharge, and to
restore the area affected as nearly as may be to the condition
existing prior to the discharge. Since soil contamination still
exists, please complete the following and submit a report to this
office by no later than July 18, 1994:
1) Remove and properly dispose of all contaminated soil.
2) Collect soil samples to document results of clean-up
activities.
3) Provide complete documentation of all clean-up work
including copies of lab analysis of soil, and a site map
showing where soil was removed and soil samples
collected.
Be advised that, pursuant to NCGS 143-215.88A, any person
who intentionally or negligently discharges oil or other
hazardous substances, or knowingly causes or permits the
discharge of oil in violation of NCGS 143-215.83(a), or who fails
to report a discharge as required by NCGS 143-215.85, or who
fails to comply with the requirements of NCGS 143-215.84(a),
shall incur, in addition to any other penalty provided by law, a
penalty in an amount not to exceed five thousand dollars
($5000.00) for each such violation. Penalties may also be
assessed for any damage to the surface waters of the State that
may result from the unpermitted discharge. You will be advised of
any enforcement recommendation.
If you should have any questions regarding this matter,
please do not hesitate to contact Mr. D. Rex Gleason, Water
Quality Regional Supervisor, or me at this Office.
Sincerely,
D.
Brenda J. Smith, P.G.
Regional Supervisor

State of North Carolina
Department of Environment, LTWMA,
Health and Natural Resources / • •
Mooresville Regional Office
James B. Hunt, Jr., Governor y p E H N
Jonathan B. Howes, Secretor
Vivian H. Burke, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 12, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. J. B. Kearns .
Kearns Used Auto Parts
8525 Sunset End
Kannapolis, North Carolina 28081
RE: Review `of Soil and Groundwater
Sample Results
Kearns Used Auto Parts
Rowan County, N.C.
Dear Mr. Kearns:
I have reviewed the February 17, 1994 report from Spectrum
Environmental as well as the sample results Mike Tynan and I
collected on January 18, 1994. Our results indicate that the
soil and standing water at the site contain petroleum compounds.
No contaminants were detected in the on -site well.
Further cleanup is required at the site particularly in
those areas where the gasoline tanks were stored prior to
disposal. However, since groundwater has not been impacted, we
are referring this matter to the Water Quality Section.
Your response and/or questions should be directed to Rex
Gleason at [phone], ext. 204.
Sincerely,,
Chris DeRoller
Hydrogeologist
Attachments
cc:Rex:Gleason:.,(with attachments)
CMD/sc
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An. Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

North Carolina
GROUNDWATER FIELD/LAB FORII� Department of Environment, Health, and Natural Resources
DIVISION OF ENVIRONMENTAL MANAGEMENT- GROUNDWATER SECTION
County :RnCe_nk1.
Quad No N6Yx-6C1,1Serial No. o
Lat.,?� �- Long. $0Y3 2
Report To: ARO, FRO MR , RRO, WaRO, WiRO,
WSRO, Kinston FO Fed. Trust, Central Off., Other:
Shipped by: Bu Cou ' , Hand DeI.,.Other- r
Collector(s): ( Date % —5v
SAMPLE PRIORITY
®ROUTINE EMERGENCY
CHAIN OF CUSTODY
FIELD ANALYSES €
pH400 i Spec. Cond.94 .Z)21 i
Temp. oC Odor
Appearance =,C4, �
Field Analysis By: k `n
BOD5 `310
COD High 340
COD Low 335
Coliform:.MF Fecal 31616 /100mi
Coliform: MF Total 31504 /100ml
TOC 68o m /l
Turbidity 76 NTU
Residue., Suspended 530 mg/I
pH 403 unit
Alkalinity to pH 4.5 410 mg/1
Alkalinity to pH 8.3 415 mg/I
Carbonate 446 mg/I
Bicarbonate 440 m n
Carbon dioxide 405 m /I
Chloride 940 mg/l
Chromium: Hex 1032 ug/I
Color: True 80 Pt -Co
Cyanide 720 mg/I
Lab Number rl- l
Date Receiv Tim
Rec'd by: From: Bus, ou e , Hand Del.,
0 Other:
Data EntryBy: Ck:
Date Reported:
Purpose:
Baseline, Complaint, ComplianceAUS�T, Pesticide Study, Federal Trust, Other:
it site gt '; ?
n of sampling point
Method —C ✓�
A - Silver 46566
V mall Al -Aluminum 46
. i-carb) 902 mq/l I I Ba -
45 mq1l I Cr - Chromium 46560
15 m I Cu -C'opper 46562
Fe - Iron 46563
H - Mercury 71900
K - Potassium 46555
M - Magnesium 46554
Mn - Manganese 46565
N 610 mq/I Na - Sodium 46556
- Lead 46564
Sample Interval O
ip. etc.)
u I
Or anochlorine Pesticides
u I
Organophosphorus Pesticides
u I
Nitrogen Pesticides
uA
m 1
Acid Herbicides
u I
uqA
Semivolatile Organics
u I
un
u
Volatile Organics (VOA bottle)
m /1
m I
TPH - Gasoline Range
u I
TPH - BTEX Gasoline Range
mg/I.
u /i
N.C. I DE
PT. OF
Lab Comments: 8111,,11111 UP M1o�11T.AI: N.NAG.M NT
MRRRFSVII I F RFRIGUAi DFUCE
GW-54 REV. 61^3 For Dissolved Analysis - submit filtered sample and write "DIS" in block.

LAB NO. 4G16
REPORTED BY �
CHECKED BY L'
REVIEWED BY
SAME TYPE: WATER
EHHR/DEK LABORATORY
VOLATILE ANALYTICAL REPORT
ANALYSIS RESULTS
SUPERVISOR -&
DATE Jxp 19
ENTERED BY
CHECKED BY
CAS#
VOA TARGET COKPOUND
TQL
DETECTED
CAS#
VOA TARGET COMPOUND
TQL
DETECTED
ua/l
uo/1
uo/1
ua/l
75-35-4
1,1-Dichloroethene
0.75
U
96-18-4
1,2,3-Trichloropropane
0.25
U
75-09-2
Kethylene Chloride
0.25
U
108-A6-1
Bromobenzene
1
U
156-60-5
trans-1,2-Dichloroethene
0.75
U
95-49-8
2-Chlorotoluene
0.25
U
75-34-3
1,1-Dichloroethane
0.25
U
106-43-4
4-Chlorotoluene
0.25
U
590-20-7
2,2-Dichloropropane
0.25
U
541-73-1
1,3-Dichlorobenzene
0.25
U
156-59-4
cis-1,2-Dichloroethene
0.25
U
106-46-7
1,4-Dichlorobenzene
0.25
U
67-66-3
Chloroform
0,25
U
95-50-1
1,2-Dichlorobenzene
0.25
U
74-97-5
Broaochloromethane
0.75
U
96-12-8
1,2-Dibroao-3-Chloropropane
1
U
71-554
1,1,1-Trichloroethane
0.25
U
120-81-1
1,2,4-Trichlorobenzene
0.25
U
563-58-6
1,1-Dichloropropene
0.25
U
87-68-3
Hexachlorobutadiene
0.25
U
56-23-5
Carbon Tetrachloride
0.75
U
87-61-6
1,2,3-Trichlorobenzene
0.75
U
107-06-2
1,2-Dichloroethane
0.25
U
1634-04-4
Kethyl-tert-butyl ether
5
U
79-01-6
Trichloroethene
0.25
U
71-13-2
Benzene
1
U
78-87-5
1,2-Dichloropropane
0.25
U
108-88-3
Toluene
1
11
75-27-4
Bromodichloromethane
0.25
U
100-41-4
Ethyl benzene
1
5.1
74-95-3
DibromoMethane
I
U
108-38-3
a,p-lylenes
2
21
10061.01-5
cis-1,3-Dichloropropene
0.25
U
95-47-6
o-%ylene
11
10061-02-6
trans-1,3-Dichloropropene
0.25
U
100-42-5
Styrene
1
U
79-00-5
1,1,2-Trichloroethane
0.25
U
98-82-8
Isopropylbenzene
1
U
127-18-4
Tetrachloroethene
0.25
U
103-65-1
n-Propylbenzene
1
2.5
142-28-9
1,3-Dichloropropane
0.25
U
108-67-8
1,3,5-Triaethylbenzene
1
6.2
124-48-1
Dibroaochloroaethane
0.75
U
98-06-6
tert-Butylbenzene
1
U
106-93-4
1,2-Dibroaoethane
1
U
95-63-6
1,2,4-Trimethylbenzene
1
24
108-90-7
Chlorobenzene
0.25
U
135-98-8
sec-Butylbenzene
1
U
630-20-6
1,1,1,2-Tetrachloroethane
0.25
U
99-87-6
p-isopropyltoluene
1
U
75-15-2
Bromoform
0.5
U.
104-51-8
n--Butylbenzene
1
6.9
79-34-5
1,1,2,2-Tetrachloroethane
0.75
U
91-20-3
Naphthalene
1
17
TQL-
Target Quantitation Limit- Subject to
Other purgeables detected
Detected
change due to instrument sensitivity
(up to 10
highest peaks)
ug/l
T-
Tentatively Identified, not
confined
E-
Estimated Value
15 UNIDENTIFIED PEAKS REPORTED BY GC/PID
U-
Samples analyzed for this compound but
NO VOLATILE ORGANIC COKPOUNDS DETECTED
not detected
BY BLCD
N-
Sample not analyzed for this
compound
D-
Detected below quantitation
limit
K-
GC/KS Analysis performed
COKKENTS;

GROUNDWATER FIELD/LAB 15,pR��AIN Of C
North Carolina
Department of Environment, Health, and Natural Resources
DIVISION OF ENVIRONMENTAL MANAGEMENT - GROUNDWATER SECTION
County
Quad No 6 serial S` y�� SAMPLE PRIORITY
Lat. 3 5030 ' Y ?Long.
;:.OUTINE EMERGENCY /
�_ '�,��,�c�`CHAIN OF CUSTODY
Report To: ARO, FRO, AR� RRO, WaI Yv R6Xs v
WSRO, Kinston FO, Fed. Trust, Centr gol.Qr br
Shipped by• Bus ouri Hand Del �th
Lab Number
Date Received I - 1 `1 - -I y Time ' UU
Rec'd by:� From: Bus, ou ier, Hand Del.,
Other:
Data Entry By: CkG96
Date Reported:
Purpose:
Collector(s): ! Date 1L18:1961 Time ,2.'00 Baseline, Complaint, Compliancer,AlliLUS ,Pesticide Study, Federal Trust, Other:
pH400 N1'%9_ Spec. Cond.94 at 250 C
Temp.10 — oC Odor
Appearance .111d s : "
Field Analysis By: , - :6d- �► a r�
LABORATORY ANALYSES
Owner J - 9 . KPc rn 5
Location or site 4f 52S Sua-se f L� �tJc•
Description of sampling point /a'
Sampling Method a r/b, /o Sample Interval
Remarks ump, bailer, etc.)
(pumping time, air tamp. etc.)
BOD 310 maA
Diss. Solids 70300 mgVl
A - Silver 46566 u I
COD High 34o mg/I
Flouride 951 m ,
Al - Aluminum 46557 u I
COD Low 335 m9A
Hardness: Total goo mqll
As - Arsenic 46551 u I
Coliform: MF Fecal 31616 /100ml
Hardness non-carb 902 m /1
Be - Barium 46558 uqA
Coliform: MF Total 31504 /100m1
Phenols 32730 u I
Ca - Calcium 46552 m I
TOC 680 m /I
Sciecific Cond. 95 uMhos/cm2
Cd - Cadmium 46559 u
Turbidity 76 NTU
Sulfate 945 m I
Cr - Chromium 46560 u A
Residue., Suspended 530 mg/I
Sulfide 745 m I
Cu - Copper 46562 u I
Fe - Iron 46563 uaA
H - Mercury 71900 u A
pH 403 unit
K - Potassium 46555 m /l
Alkalinity to pH 4.5 410 mgA
M - Ma nesium 46554 m I
Alkalinity to pH 8.3 415 mg/I
Mn - Manganese 46565 uaA
Carbonate 445 mg/I
NH as N 610 m 1
Na - Sodium 46556 m I
Bicarbonate 440 m A
TKN as N 625 mqj1
Ni - Nickel u A
Carbon dioxide 40.9 m /1
NO + NO as N 630 m I
Pb - Lead 46564 u I
Chloride 940 mgA
P: Total as P 665 m A
Se - Selenium u I
Chromium: Hex 1032 u I
Zn - Zinc 46567 ucyl
Color: True 80 Pt -Co
Cyanide 720 mg/I
Lab Comments:
Organophosphorus Pesticides
Nitrogen Pesticides
Acid Herbicides
Semivolatile Organics
Volatile Organics (VOA bottle)
TPH - Gasoline Range
j< TPH - BTEX Gasoline Ranae
GW-54 REV.''"", For Dissolved Analysis - submit filtered sample and write "DIS" in Uoch.

SEMIVOLATILE ORGANICS REPORT - DEM LAB
LAB NUMBER:4G45 SUPERVISOR LAB #:4G45
DATE:
REPORTED BY
CHECKED BY rn ENTERED BY
REVIEWED BY CHECKED BY
SAMPLE TYPE: SEDIMENT DILUTION FACTOR:
CAS NUMBER
TQL
ANALYTE NAME
X 1
108-95-2
660
PHENOL
U
111-44-4
660
BIS(2-CHLOROETHYL) ETHER
U
95-57-8
660
2-CHLOROPHENOL
U
541-73-1
.660
1,3-DICHLOROBENZENE
U
106-46-7
660
1,4-DICHLOROBENZENE
U
100-51-6
1300
BENZYL ALCOHOL
U
95-50-1
660
1,2-DICHLOROBENZENE
U
95-48-7
660
2-METHYL PHENOL
U
108-60-1
660
BIS(2-CHLOROISOPROPYL) ETHER
U
106-44-5
660
4-METHYL PHENOL
U
621-64-7
660
N-NITROSO-DI-N-PROPYLAMINE
U
67-72-1
660
HEXACHLOROETHANE
U
98-95-3
660
NITROBENZENE
U
78-59-1
660
ISOPHORONE
U
88-75-5
660
2-NITRO PHENOL
U
105-67-9
660
2,4-DIMETHYL PHENOL
U
65-85-0
3300
BENZOIC ACID
U
111-91-1
660
BIS(2-CHLOROETHOXY) METHANE
U
120-83-2
660
2,4-DICHLORO PHENOL
U
120-82-1
660
1,2,4-TRICHLOROBENZENE
U
91-20-3
660
NAPHTHALENE
106-47-8
1300
4-CHLOROANILINE
U
87-68-3
660
HEXACHLOROBUTADIENE
U
59-50-7
1300
4-CHLORO-3-METHYL PHENOL
U
91-57-6
660
2-METHYL NAPHTHALENE
77-47-4
660
HEXACHLOROCYCLOPENTADIENE
U
88-06-2
660
2,4,6-TRICHLORO PHENOL
U
95-95-4
660
2,4,5-TRICHLORO PHENOL
U
91-58-7
660
2-CHLORO NAPHTHALENE,
U
88-74-4
3300
2-NITROANALINE
U
131-11-3
660
DIMETHYL PHTHALATE
U
208-96-8
660
ACENAPHTHYLENE
U
606-20-2
660
2,6-DINITROTOLUENE
U
99-09-2
3300
3-NITROANALINE
U
83-32-9
660
ACENAPHTHENE
U
51-28-5
3300
2,4-DINITRO PHENOL
U
100-02-7
3300
4-NITRO PHENOL
U
132-64-9
660
DIBENZOFURAN
U
121-14-2
660
2,4-DINITROTOLUENE
U
84-66-2
660
DIETHYL PHTHALATE
U
7005-72-3
660
4-CHLOROPHENYL PHENYL ETHER
U
86-73-7
660
FLUORENE
U
100-01-6
3300
4-NITROANALINE
U
534-52-1
3300
4,6-DINITRO-2-METHYL PHENOL
U
e
1
CONC .
UG/KG
300 E
350 E

SEMIVOLATILE ORGANICS REPORT - DEM LAB
86-30-6
660
N-NITROSODIPHENYLAMINE
U
101-55-3
660
4-BROMOPHENYL PHENYL ETHER
U
118-74-1
660
HEXACHLOROBENZENE
U
87-86-5
3300
PENTACHLORO PHENOL
U
85-01-8
660
PHENANTHRENE
U
120-12-7
660
ANTHRACENE
U
84-74-2
66.0
DI-N-BUTYL PHTHALATE
U
206-44-0
660
FLUORANTHENE
U
129-00-0
660
PYRENE
U
85-68-7
660
BUTYLBENZYL PHTHALATE
U
91-94-1
1300
3,3'-DICHLOROBENZIDINE
U
56-55-3
660
BENZO(A)ANTHRACENE
U
218-01-9
660
CHRYSENE
U
117-81-7
660
BIS(2-ETHYLHEXYL) PHTHALATE
U
117-84-0
660
DI-N-OCTYL PHTHALATE
U
205-99-2
660
BENZO(B)FLUORANTHENE
U
207-08-9
660
BENZO(K)FLUORANTHENE
U
50-32-8
660
BENZO(A)PYRENE
U
193-39-5
660
INDENO(1,2,3-CD)PYRENE
U
53-70-3
660
DIBENZO(A,H)ANTHRACENE
U
191-24-2
660
BENZO(G,H,I)PERYLENE
U
OTHER SEMIVOLATILE ORGANICS FOR SAMPLE NUMBER : 4G45
DIMETHYL BENZENE
C8.H10
870
DIMETHYL BENZENE
C8.H10
690
ETHYL METHYL BENZENE
C9.H12
710
TRIMETHYL BENZENE
C9.H12
700
TRIMETHYL BENZENE
C9.H12
1400
TRIMETHYL BENZENE
C9.H12
650
ETHYL DIMETHYL BENZENE
C10.H14
420
TETRA METHYL BENZENE
C10.H14
350
UNIDENTIFIED
690
UNIDENTIFIED
420
UNIDENTIFIED
910
UNIDENTIFIED`
500
UNIDENTIFIED
550
UNIDENTIFIED
560
UNIDENTIFIED
320
•ESTIMATED GASOLINE CONCENTRATION.
37000
TQL= TARGET QUANTITATION LIMIT
T= TENTATIVELY IDENTIFIED ESTIMATED CONCENTRATION
E= ESTIMATED CONCENTRATION
U= COMPOUND ANALYZED FOR NOT DETECTED
N= COMPOUND NOT ANALYZED FOR
D= DETECTED BELOW QUANTITATION LIMIT
H= HOLDING TIME EXCEEDED
TQL SUBJECT TO CHANGE DUE TO INSTRUMENT SENSITIVITY
T
T
T
T
T
T
T
T
E
E
E
E
E
E
E

REPORTED BY
CHECKED BY
REVIEWED BY
SAMPLE TYPE: SEDIMENT
EHNR/DEM LABORATORY
VOLATILE ANALYTICAL REPORT
GASOLINE RANGE ESTIMATED TOTAL PETROLEUM HYDROCARBON
ANALYSIS RESULTS
TQL
1875 mg/Kg
CAS#
VOA TARGET COMPOUND
TQL
DETECTED
ua/Ka
ug/Kg_
1634-04-4
Methyl-tert-butyl ether
1500'
U
71-43-2
Benzene
300
360
108-88-3
Toluene
300
860 E
100-41-4
Ethyl benzene
300
U
108-38-3
m,p-Xylenes
600
830 E
95-47-6
o-Xylene
300
430 E
TQL-
Target Quantitation Limit- Subject to
change due to instrument
sensitivity
T-
Tentatively Identified,
not confirmed
E-
Estimated Value
U-
Sample analyzed for this
compound but
not detected
N-
Sample analyzed for this
compound but
not quantitated
D-
Detected below quantitation
limit ,
COMMENTS
LAB NO. 4G45
SUPERVISOR
DATE
ENTERED BY
CHECKED BY
DETECTED mg/Kg
3500 mg/Kg

North Carolina
�j Department of Environment, Health, and Natural Resources
GROUNDWATER FIELD/LAB FORM
HA! N O r UUSTO RVISION OF ENVIRONMENTAL MANAGEMENT- GROUNDWATER SECTION
County ill-)r4l ✓l,
Quad NO'—"` �Serial No. d ? SAMPLE PRIORITY
Lat. 36 30rY . Long. _go �� � • u t
ROUTINE `
Report To: ARO, FRO, I R� RO, WaRO, WIRO,
WSRO, Kinston FO, Fed. Trust, Central Off., Other:
Shipped by: Bus,��, Hand Del., Oth r
Collector(s): Date 1
FIELD ANALYSES
pH400 d,:5 Spec. Cond.94 $a at:�6° C
Temp.lo 94 oC Odor A�)19
Appearance C-L_ A
Field Analysis By: l( '110 4 Z /24"in
LABORATORY ANALYSES
�All� I©1=' CUSTODY
Lab Number
Date Receiv -q Time c1 6y
Rec'd by: From: Bus,(!oPr, Hand Del.,
0 Other:
Data Entry By: G
Date Reported:
Description "of sampling point _ 41�% re -
Sampling Method Pu m:;� Sample Interval Z-4 As Rma "
Remarks (Pump, bailer, etc.)
(pumping time, air temp. etc.)
Organophosphorus Pesticides
Nitrogen Pesticides
Acid Herbicides
Semivolatile Organics
ly
Volatile Organics (VOA bottle)
TPH - Gasoline Range
TPH - BTEX Gasoline Range
Lab Comments:
GW-54 REV. 6101 For Dissolved Analysis - submit filtered sample and write "DIS" in block.

EHNR/DEK LABORATORY
VOLATILE ANALYTICAL REPORT
f LAB N0. 4G4
t REPORTED BY
CHECKED BY
REVIEWED BY
SUPERVISOR
DATE /G
ENTERED BY
CHECKED BY
SAMPLE TYPE:
WATER
ANALYSIS
RESULTS
CAS#
VOA TARGET COMPOUND
TQL
DETECTED
CAS#
VOA TARGET COMPOUND
TQL
DETECTED
ug/1
ug/1
ug/l
ug/l
75-35-4
1,1-Dichloroethene
0.75
U
96-18-4
1,2,3-Trichloropropane
0.25
U
75-09-2
Methylene Chloride
0.25
U
108-86-1
Broaobenzene
1
U
156-60-5
trans-1,2-Dichloroethene
0.75
U
95-49-8
2-Chlorotoluene
0.25
U
75-34-3
1,1-Dichloroethane
0.25
U
106-13-4
4-Chlorotoluene
0.25
U
590-20-7
2,2-Dichloropropane
0.25
U
511-73-1
1,3-Dichlorobenzene
0.25
U
156-59-4
cis-1,2-Dichloroethene
0.25
U
106=46-7
1,4-Dichlorobenzene
0.25
U
67-66-3
Chloroform
0.25
U
95-50-1
1,2-Dichlorobenzene
0.25
U
74-97-5
Bromochloromethane
0.75
U
96-12-8
1,2-Dibroao-3-Chloropropane
1
U
71-55-6
1,1,1-Trichloroethane
0.25
U
120-82-1
1,2,4-Trichlorobenzene
0.25
U
563-58-6
1,1-Dichloropropene
0.25
U
87-68-3
Hexachlorobutadiene
0.25
U
56-23-5
Carbon Tetrachloride
0.75
U
87-61-6
1,2,3-Trichlorobenzene
0.75
U
107-06-2
1,2-Dichloroethane
0.25
U
1634-04-4
Kethyl-tert-butyl ether
5
U
79-01-6
Trichloroethene
0.25
U
71-43-2
Benzene
1
U
78-87-5
1,2-Dichloropropane
0.25
U
108-88-3
Toluene
1
U
75-27-4
Bromodichloromethane
0.25
U
100-41-4
Ethyl benzene
1
U
74-95-3
Dibroaomethane
1
U
108-38-3
a,p-%ylenes
2
U
10061-01-5
cis-1,3-Dichloropropene
0.25
U
95-47-6
o-gylene
1
U
10061-02-6
trans-1,3-Dichloropropene
0.25
U
100-42-5
Styrene
1
U
79-00-5
1,1,2-Trichloroethane
0.25
U
98-82-8
Isopropylbenzene
1
U
127-18-4
Tetrachloroethene
0.25
U
103-65-1
n-Propylbenzene
1
U
142-28-9
1,3-Dichloropropane
0.25
U
108-67-8
1,3,5-Trimethylbenzene
1
U
124-18-1
Dibroaochloroaethane
0.75
U
98-06-6
tert-Butylbenzene
1
U'
106-93-4
1,2-Dibromoethane
1
U
95-63-6
1,2,4-Triaethylbenzene
1
U
108-90-7
Chlorobenzene
0.25
U
135-98-8
sec-Butylbenzene
1
U
630-20-6
1,1,1,2-Tetrachloroethane
0.25
U
99-87-6
p-isopropyltoluene
1
U
75-25-2
Broaofora
0.5.
U
104-51-8
n-Butylbenzene
1
U
79=34-5
1,1,2,2-Tetrachloroethane
0.75
U
91-20-3
Naphthalene
1
U
TQL-
Target Quantitation Limit- Subject
to
Other purgeables detected
Detected
change due to instrument sensitivity
(up to 10 highest peaks)
ug/1
T-
Tentatively Identified, not
confirmed
B-
Estimated Value
U-
Samples analyzed for this compound
but
NO VOLATILE
ORGANIC COMPOUNDS
not detected
DETECTED BY
GC PID/ELCD.
N-
Sample not analyzed for this
compound
D-
Detected below quantitation
limit
M-
GC/KS Analysis performed
COMMENTS:

SEMIVOLATILE ORGANICS REPORT - DEM LAB
LAB NUMBER AG-44
REPORTED BY
CHECKED BY
REVIEWED BY �11
SAMPLE TYPE: WATER
SUPERVISOR]6%, LAB #:4G-44
DATE
ENTERED BY
CHECKED BY
DILUTION FACTOR :
GAS NUMBER
TQL
ANALYTE NAME
x 1
108-95-2
10
PHENOL
111-44-4
10
BIS(2-CHLOROETHYL) ETHER
95-57-8
'10
2-CHLOROPHENOL
541-73-1
10
1,3-DICHLOROBENZENE
106-46-7
10
1,4-DICHLOROBENZENE
100-51-6
20
BENZYL ALCOHOL
95-50-1
10
1,2-DICHLOROBENZENE
95-48-7
10
2-METHYL PHENOL
108-60-1
10
BIS(2-CHLOROISOPROPYL) ETHER
106-44-5
10
4-METHYL PHENOL
621-64-7
10
N-NITROSO-DI-N-PROPYLAMINE
67-72-1
10
HEXACHLOROETHANE
98-95-3
10
NITROBENZENE
78-59-1
10
ISOPHORONE
88-75-5
10
2-NITRO PHENOL
105-67-9
10
2,4-DIMETHYL PHENOL
65-85-0
50
BENZOIC ACID
111-91-1
10
BIS(2-CHLOROETHOXY) METHANE
120-83-2
10
2,4-DICHLORO PHENOL
120-82-1
10
1,2,4-TRICHLOROBENZENE
91-20-3
10
NAPHTHALENE
106-47-8
20.4-CHLOROANILINE
87-68-3
10
HEXACHLOROBUTADIENE
59-50-7
20
4-CHLORO-3-METHYL PHENOL
91-57-6
10
2-METHYL NAPHTHALENE
77-47-4
10
HEXACHLOROCYCLOPENTADIENE
88-06-2
10
2,4,6-TRICHLORO PHENOL
95-95-4
10
2,4,5-TRICHLORO-PHENOL
91-58-7
10
2-CHLORO NAPHTHALENE
88-74-4
50
2-NITROANALINE
131-11-3
10
DIMETHYL PHTHALATE
208-96-8
10
ACENAPHTHYLENE
606-20-2
10
2,6-DINITROTOLUENE
99-09-2
50
3-NITROANALINE
83-32-9
10
ACENAPHTHENE
51-28-5
50
2,4-DINITRO PHENOL
100-02-7
50
4-NITRO PHENOL
132-64-9
10
DIBENZOFURAN
121-14-2
10
2,4-DINITROTOLUENE
84-66-2
10
DIETHYL PHTHALATE
7005-72-3
10
4-CHLOROPHENYL PHENYL ETHER
86-73-7
10
FLUORENE
100-01-6
50
4-NITROANALINE
534-52-1
50
4,6-DINITRO-2-METHYL PHENOL
CONC.
UG/L
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U

SEMIVOLATILE ORGANICS REPORT - DEM LAB
86-30-6
10
N-NITROSODIPHENYLAMINE
U
101-55-3
10
4-BROMOPHENYL PHENYL ETHER
U
118-74=1
10
HEXACHLOROBENZENE
U
87-86-5
50
PENTACHLORO PHENOL
U
85-01-8
10
PHENANTHRENE
U
120-12-7
10
ANTHRACENE
U
84-74-2
10
DI-N-BUTYL PHTHALATE
U
206-44-0
10
FLUORANTHENE
U
129-00-0
10
PYRENE
U
85-68-7
10
BUTYLBENZYL PHTHALATE
U
91-94-1
20
3,31-DICHLOROBENZIDINE
U
56-55-3
10
BENZO(A)ANTHRACENE
U
218-01-9
10
CHRYSENE
U
117-81-7
10
BIS(2-ETHYLHEXYL) PHTHALATE
U
117-84-0
10
DI-N-OCTYL PHTHALATE
U
205-99-2
10
BENZO(B)FLUORANTHENE
U
207-08-9
10
BENZO(K)FLUORANTHENE
U
50-32-8
10
BENZO(A)PYRENE
U
193-39-5
10
INDENO(1,2,3-CD)PYRENE
U
53-70-3
10
DIBENZO(A,H)ANTHRACENE
U
191-24-2
10
BENZO(G,H,I)PERYLENE
U
OTHER SEMIVOLATILE ORGANICS FOR SAMPLE NUMBER : 4G-44
NO ACID OR BASE/NEUTRAL EXTRACTABLE ORGANIC
COMPOUNDS WERE DETECTED BY GC/MS.
TQL= TARGET QUANTITATION LIMIT
T= TENTATIVELY IDENTIFIED ESTIMATED CONCENTRATION
E= ESTIMATED CONCENTRATION
U= COMPOUND ANALYZED FOR NOT DETECTED
N= COMPOUND NOT ANALYZED FOR
D= DETECTED BELOW QUANTITATION LIMIT
H= HOLDING TIME EXCEEDED
TQL SUBJECT TO CHANGE DUE TO INSTRUMENT SENSITIVITY

_f
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Vivian H. Burke, Regional Manager
Certified Mail
Return Receipt Requested
MA
- 3;-4,
�a
�EHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 18, 1993
Mr. Brent Adkins
Salisbury Service Center
1103 Statesville Avenue
Salisbury, North Carolina 28144
Subject: Notice of Violation
Unpermitted Discharge
Salisbury Service Center
Rowan County, NC
Dear Mr. Adkins:
On November 18, 1993, Mr. John Lesley of this Office visited
your facility relative to a complaint concerning a wastewater
discharge. The investigation revealed that the oil water.separator
is discharging to waters of the State.
This letter is to advise you that North Carolina General
Statute (NCGS) 143-215.1 requires that discharges of this type be
permitted. and that the discharge be properly treated. NCGS 143-
215.6A allows the Environmental Management Commission to assess
civil penalties of not more than ten thousand dollars ($10,000) per
day per violation of NCGS 143-215.1. You will be notified of any
enforcement action which may be recommended by this Office.
It is requested that the subject discharge be ceased until it
is properly treated and permitted. An alternative to surface
discharge, such as connecting to the City of Salisbury collection
system is recommended for consideration. Be advised that prior to
connecting to the Salisbury collection system, permission must be
granted by the City.
You are requested to submit,a written response to this Office
by December 15, 1993 concerning this Notice. Your response should
include what action has been taken to permit the treatment system
for surface discharge or to eliminate the discharge. Please direct
your response to Mr. D. Rex Gleason, Water Quality Regional
Supervisor.
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

IF
Page Two
Nonpermitted Discharge
Salisbury Service Center
If you have any questions concerning this Notice, please do
not hesitate to contact Mr. Gleason or me at 704/663-1699.
Sincerely,
Brenda J. Smith, P.G.
Regional Supervisor
cc: Rowan County Health Department
JL

�. IDUPT. OP IgATURAL
q ILF.SOURCES AND
PMEPii e' y6
DEVELO
,�'
�MUNITY d�
JUL 2 21992
11VIS11% RF [N11RDIOMTAL q{pllAsvial
MOIIRESVIIIE RE610M State of North Carolina
Department of Environment, Ifealth and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Regional Offices July 16, 1992
Asheville
704/251-6208 Mr. Paul A Brown
W. A. Brown and Son, Inc.
Fayetteville 2001 South Main Street
919/486-1541 Salisbury, NC 28145
Mooresville
704/663-1699 RE: Request for Remission of Civil Penalty
W. A. Brown and Son, Inc.
Raleigh File No. LV 92-25
919/571-4700 Rowan County
Washington Dear Mr. Brown:
919/946-6481
The Division of Environmental Management has received your
Wilmington request for remission of civil penalty dated July 9, 1992, with
919/395-3900 accompanying support information. Your request will be placed on the
agenda of the Director's next scheduled enforcement conference and you
Winston-Salem will be notified of the results.
919/896-7007
Should you have any questions, please contact either Kevin
Bowden or me at [phone].
Sincerely,
/,�.� /c ,
Kent Wiggins, Supervisor
Facilities Assessment Unit
cc: fil.reiaL Jfece.
Enforcement File/Central Files
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

_ - A
y
�'F' �'r.. ,.. .,'Y?'�i7.

e
tic'. Q
L-GONER, HAMRIGK, HASTY, MONTEITH,
I L.
t,' ✓ (�'�� ' KRATT AND MGDONNELL
ATTORNEYS AND COUNSELORS AT LAW
SUITE 2500, TWO FIRST UNION CENTER
CHARLOTTE, NORTH CAROLINA 28282
WILLIAM J. WAGGONER 7041332-6141, 375-1431
S. DEAN HAMRICK TELEGOPIER 704/375-5102
JOHN H. HASTY
JAMES D. MONTEITH
EMIL F. KRATT
ROBERT D. MCDONNELL
RICHARD L. HUFFMAN
CARL B. HUBBARD
G. BRYAN ADAM S, I II
MICHAEL J. ROUSSEAUX
July 9, 1992
FRED H. HASTY
(19043-1988)
4:s
JULs-
Mr. Steve W . Tedder WATER QUALITY
Water Quality Section Chief
Division of Environmental Management 5�������
F.
P. O. Box 29535
Raleigh, NC 27626-0535
Re: W. A. Brown & Son, Inc. - Assessment of Civil Penalties for
Violation of N.C. General Statute 143.215.1(A)(6) -
Rowan County - File No.: LV 92-25 - NPDES No.: NC 0045675
Dear Steve:
In accordance with our conversation, I enclose client's written
Request for Remission and Mitigation. You will recall this is
the company that is moving from the facility to go on the
Salisbury sewer system and avoid the continuing problems arising
from this underutilized plant.
They plan to move no later than September 1, 1992, if there are
no construction delays; and you indicated that the matter would
be deferred until the October_meeting so that the actual move can
be confirmed.
With best wishes,
WJW:jel
Enclosures
Sincerely,
/wilili�amj. Waggoner

S
A W. A. BROWN & SON, INC.
2001 SOUTH MAIN STREET
SALISBURY, NC 28144
[phone]
July 9, 1992
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P. O. Box 29535
Raleigh, NC 27626-0535
Re: W. A: Brown & Son, Inc.
File No.: LV 92-25
NPDES No.: NC 0045675
Dear Mr. Tedder:
I refer to Mr. Everett's letter dated June 10, 1992, which
was received on June 22, 1992, regarding the proposed civil
penalty of $7,036.05.
The purpose of this letter is to request remission or
mitigation of the proposed penalty. Enclosed is executed Waiver
of Right to Administrative Hearings and Stipulation of Facts.
As a preliminary matter, we call to your attention:
1. Actual usage of the plant is about 500 to 700 gallons
per day although it is permitted for 5,000 gallons.
2. Underutilization permits a very small amount of
cleaning materials to distort the system's operations.
3. By reason of continuing problems with this plant and
the roof system on the 100,000 square -foot building, W. A. Brown
& Son, Inc., is moving and has signed a lease for a new 100,000
square -foot building which will be served by the Salisbury water
system.. The move will be at great expense. This move will
effectively avoid further problems with this or any other package
sewage plant. The move will be accomplished no later than
September 1, 1992, if construction remains on schedule.

I
1 Mr. Steve W. Tedder
July 9, 1992
,Page 2
4. A recent inspection of the plant by the Mooresville
office (copy of report attached) indicates the plant is in
compliance, and there are no significant problems arising from
its operation. There have been no problems with quality of water
in the discharge stream as there has been no observed discharge
into the stream from the system. Prior reports in your file will
confirm this.
Referring to the factors provided in N.C.G.S. §143(B)-282.1,
which may form the basis for penalties, our comments with regard
to their erroneous application by the Department are as follows:
1. At no time has there been any observed harm to the
natural resources of the State, to the public health or to
private property resulting from any imbalance in this small
plant's operation.
2. The reported violations were sporadic, isolated and of
minuscule qualities based upon an outflow of approximately 500 to
700 gallons per day.
3. The effect on ground or surface water quantity or
quality or air quality has not been observed or demonstrated.
Prior inspections by the Department have stated that there has
been no observed discharge into the receiving stream from this
plant. The latest report dated June 3, 1992, states the effluent
in the clarifier was clear, and the stream had a satisfactory
appearance. At no time has the Department contended that the
receiving stream was in any way adversely affected.
4. The cost of rectifying the damage is none as there has
been no damage. The amount of money saved by non-compliance is
zero as the most effective means of combating underutilization
would be to feed the sewage system food products and add fluid so
that the plant could operate at optimum capacity.
5. The violation was not committed willfully or
intentionally, rather on occasion through inadvertent
introduction of cleaning materials to the sewage system.
6. The prior record of W. A. Brown & Son, Inc., will
disclose that on two previous occasions enforcement action has
been sought and that the compliance records subsequent to the
prior violations have markedly improved.
7. The cost to the State has been incurred primarily by
review of reports furnished to the Mooresville office, so the
costs have not required a full-blown investigation, inspection of
the premises and chemical analysis by the State.

i
Mr. Steve W. Tedder
July 9, 1992
Page 3
Further responding to the Request for Remission or Mitigation,
our comments are as follows:
A. From the foregoing, we do not feel that any of the
statutory bases were properly applied; and, thereby, proposed
assessment is detrimental to the petitioner.
B. Although there was no continuing environmental damage
resulting from the occasional violations, every effort has been
made to insure that no further violations occur; and, further,
W. A. Brown & Son, Inc., at great expense is going to fully
abandon this facility no later than September 1, 1992, assuming
construction proceeds as scheduled on the new premises.
C. Some of the violations were inadvertent and the result
of improper introduction of cleaning materials to this
underutilized system.
D. As noted above there have been two other occasions on
which civil penalties have been assessed, again for minor
violations with no real impact on the environment.
E. Payment of the civil penalty will simply add to the
enormous costs being incurred by W. A. Brown & Son, Inc., to rid
itself of this very expensive and troublesome sewage facility.
It is fully committed to abandoning the premises containing the
package sewage plant and remission of the penalty would reduce
further expense relating to the costs created in substantial part
by the sewage plant.
Based upon the foregoing, we would request remission of the
penalty and investigation costs as this company is going to great
expense in moving the entire contents, warehousing and
manufacturing facilities in a 100,000 square -foot building and
incurring lease or mortgage payments substantially in excess of
those which would be otherwise applicable to the subject
premises. The aggravation of the sewage plant has become
intolerable.
Very truly yours,
W. A. BROWN, INC.
Y
Paul A. Brown,
Production Manager

11
-k
STATF- OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MA-1-fER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO, NC45675
ENVIRONI MENTAL IhP NAGEINIENT
COMMISSION
WAIVER OF RIGHT TO AN
ADIVIINTISTRATIVE HEARING AND
STIPULATION OF FACTS ,
FILE NO. U 92=25
Having been assessed civil penalties totalling , 7 036 0
for
viola6on(s) as set forth in the assessment document of the Director of the Division of Enviu-onmcnt2J
Management dated, June 10 19 , the undersigned, desiring to seek remission C f
the civil penalties, does hereby waive the right to an administrative hearing in the above- stated zitattr r
and does stipulate that the facts areas alleged in the assessment document,
Thus the 9 th day of , T , 19 9 22 .
W. A. BROWN & SON INC.
13Y
ADDRESS
2001 South Main Street
Salisbury, NC 280144
'I1?LEI'HONE
[phone]

State of North Carolina
Department of Environment, Health, and Natural Resources
Mooresville Regional Office
James G. Martin, Governor Albert F. Hilton, Regional Manag r
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
June 9, 1992
Mr. Paul Brown
W. A. Brown and.Son, Inc.
2001 South Main Street
Salisbury, North Carolina 28145
Subject: Compliance Evaluation
Inspection
W. A. Brown and Son, Inc.
NPDES Permit No. NCO045675
Rowan County
Dear Mr. Brown:
Please find enclosed a copy of the Compliance Evaluation
Inspection Report for the inspection conducted at the subject
facility on May 15, 1992, by Mr. Jeff Fritts of this office.
The attached report should be'self-explanatory; however, if
you have any questions, please do not hesitate to contact Mr.
Fritts or me.
Sincerely, r
D. Rex G eason, P. E.
Water Quality Regional Supervisor
Enclosure
cc: Rowan County Health Department
JF
P.O. Box 950, 919 North Main Street, Mooresville, N.C. 28115-0950 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Empbyer

r EPA Form 3560-3
.EPA NPDES Compliance Inspection Report NCDEMWater Quality Section
A. Section A. National Data Systems Coding
Transaction Code NPDES yr / mo / day Inspection Type Inspector Fac Type
® 2F 3 NC00.456 -5 11 12 92 05/15 17 ISO 19 E� 20 E2
Remarks
66
21
Reserved Facility Evaluation Rating BI QA Reserved
67 69
70 ❑3 71 © 72 ® 73 = 74 75 BO
Section B: Facility Data
Name and Location of Facility Inspected
W. A. Brown and Son, Inc.
Cedar Spring Road (NCSR 1560)
Salisbury, Rowan County, NC
Name of On -Site Representative(s)
Peter C. Weed
Name Address of Responsible Olfial
Paul Brown
2001 South Main Street
Salisbury, NC 28145
Entry Time Permit Effective Date
8:06 AM 89/05/01
Exit Time / Date Permit Expiration Date
8:55 92/05/15 94/03/13
Tide(s) Phone No(S)
Operator in Responsible Charge [phone]
Phone No(s)
[phone]
Section C Areas Evaluated During Inspection
(S = Satisfactory, M = Marginal, U = Unsatisfactory. N = Not Evaluated)
Permit S Flow Measurement NA Protreatment
Records / Reports S Laboratory NA Compliance Schedule
Faclliry Site Review S Effluent / Receiving Waters S Self -Monitoring Data
Section D: Summary of Findings / Comments
See Attached Sheets for Additional Items
Name(s) and Signature of Inspectors)
Jeff Fritts
Signature of Reviewer
Agency / office / Telephone
NCDEM/MRO/ [phone]
Dyes N No
S operations & Maintanance
$ Sludge Disposal
Other
Date
June 3, 1992
Date
Action Taken
Date Compliance 5-Mtus
8 Noncompliance
Compliance

PERMIT:
1. W. A. Brown and Son, Inc. is permitted to operate a
0.005 MGD wastewater treatment plant. The tertiary sand
filter and the gas chlorination facilities are not used.
2. The permit expires March 31, 1994. Application for
permit renewal must be made at least 180 days prior to
expiration.
RECORDS/REPORTS:
1. Lab results, bench sheets, etc. are kept at the
Hydrologic, Inc. laboratory.
2. The manner in which the operator keeps his logs and
records.is satisfactory.
FACILITY SITE REVIEW:
1. The settleable solids target is 30%. The plant is
managed to approach and maintain this level.
2. The facility has no sludge digester. Sludge is wasted
by pump truck owned and operated by Hydrologic, Inc. and
taken to Concord -Rocky River WWTP.
3. Management of the treatment plant is difficult due to
low flow, and irregular loadings (closed at night and on
weekends).
4. The recent violations of the NPDES Permit may have been
due to upsets caused by the disposal of strong cleaning
fluids used after ,hours by the cleaning staff.
5. Since the gas chlorination unit is no longer used,
chlorine sticks are being temporarily placed in the overflow
weir until a tablet chlorinator is obtained and placed into
service.
FLOW MEASUREMENT:
1. The historical method of flow measurement is not known
as the current Operator in Responsible Charge (ORC) has just
taken over this facility.
2. Flow measurement should be obtained instantaneously at
the v-notch weir.
LABORATORY:
Laboratory analyses are performed by Hydrologic, Inc.

i
A- EFFLUENT/RECEIVING WATERS:
1. The effluent in the clarifier was clear.
2. The stream had a satisfactory appearance.
SELF -MONITORING DATA:
.1.: Self -monitoring data were reviewed for 91/05-92/03, with
the following noted,:
A. One monthly violation of BOD was reported for
91/11.
B. One monthly violation of TSS was reported for
91/07.
C. Three monthly violations of NH3 as N were reported
for 91/07, 91/11, and 91/12.
D. No violations since 91/12 were noted.
2. The facility is considered in marginal compliance with
permit limitations for the review period.
3. Care should be taken in the routine operation of the
facility to maintain the required optimum treatment. This
should be easier to do since the correction of the cleaning
fluid disposal problem.
OPERATIONS & MAINTENANCE:
1. Operations and Maintenance is performed on an "as
needed" basis.
2. The blower is generally greased once per month and the
oil in the blower is changed twice per year.
SLUDGE DISPOSAL:
1. 'A routine schedule of sludge disposal has not yet been
developed by the new.operator.
2. Sludge is to be removed as needed by Hydrologic's pump
truck and taken to the Concord -Rocky River WWTP.

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COMPLIANCE EVALUATION ANALYSIS REPORT PAGE
� .
'-NCO845675 PIPE--OOi REPORT PERIOD: 91 05-92O4 LOC---E
�QTLA7Y--W.A. BROWN& SON INC DESIGN FLOW-- .0050 CLASS--'
REGION/COUNTY --O3 PROWAN
�040�
L1�1l

V
\
Date: February 1989
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Rowan
NPDES Permit No. NC 0045675
PART I - GENERAL INFORMATION
1. Facility and Address: W. A. Brown and Son, Inc.
2001 South Main Street
Salisbury, NC 28145-1408
2. Date of Investigation: January 27, 1989
3. Report Prepared By: .Michael L. Parker, Environmental WWI
Engineer I
4. Person Contacted: Mr. Leonard Stogner, Operator; telephone
number 704/788-9497
5. Directions to Site: From the intersection of Highway
2.9/601 and S. R. 1560 (Cedar Springs Road), travel 0.8 mile
north on S. R. 1560. The wastewater treatment plant is on
the right (east) side of S. R. 1560 immediately after
crossing the railroad tracks.
6. Discharge Point - Latitude: 350 37' 55"
Longitude: 800 32` 04"
Attach a USGS Map Extract and indicate treatment plant site
and discharge point do map.
USGS Quad No.: E 16 NE
7. Size (land available for expansion and upgrading): Limited
if any area available in the immediate vicinity of the
wastewater treatment plant. Several acres, however, do
exist across S. R. 1560 which could be utilized if needed.
8. Topography (relationship to flood plain included):
Facility is not located in or near any flood plain. Slopes
range from nearly level to 30.
9. Location of Nearest Dwelling: No dwellings within 500 feet
of the wastewater treatment plant site.
10. Receiving Stream or Affected Surface Waters: Unnamed
tributary to Grant: Creek
a. Classification: C
b. River Basin and Subbasin No.: Yadkin 030704

■
Describe receiving stream features and pertinent
downstream uses: The receiving stream contained a
small amount of flow at the time of the site
inspection, although it was evident that this area was
a headwaters area and would not have very much natural
stream flow. No other dischargers are located on this
stream segment.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: 100o Domestic
0 o Industrial
a. Volume of Wastewater: 0.005 MGD
b. Types and quantities of industrial wastewater: N/A
C. Prevalent toxic constituents in wastewater:
Wastewater is entirely domestic. No toxic
constituents are expected in the waste stream.
d. Pretreatment Program (POTWs only): Not needed
2. Production Rates (industrial discharges only) in Pounds:
N/A
3. Description of Industrial Process (for industries only) and
Applicable CFR Part and Subpart: N/A
4. Type of Treatment (specify whether proposed or existing):
The existing facilities consist of an influent bar screen,
diffused aeration basin, clarifier, pressure filters, a
backwash holding tank, a chlorine contact tank and a
V-notch weir for effluent flow measurement.
S. Sludge Handling and Disposal Scheme: Waste sludge is
removed by a septage hauler.
6. Treatment Plant Classification: Class II
7. SIC Code(s): 3585
Wastewater Code(s): 02
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants
Funds (municipals only)? N/A
2. Special monitoring requests: N/A
3. Additional effluent limits requests: N/A
4. Other: N/A

Three
PART IV - EVALUATION AND RECOMMENDATIONS
The wastewater treatment facilities serving the W. A. Brown
and Son Company were in excellent operational condition at the
time of the site inspection. All wastewater treatment units
appeared to be functioning properly and effluent quality
appeared excellent. It was noted that this facility rarely
discharges, and, when it does, the effluent appears not to reach
the receiving stream. It appears the outfall line, which is
constructed of clay pipe, allows the effluent to soak into the
ground through various cracks and joints. There is no evidence
that a discharge has occurred recently at this facility.
The wastewater treatment facility should not be
hydraulically overloaded based on a workforce of 65 employees.
This facility may be able to pursue a non -discharge
alternative due to the availability of several acres of
undeveloped property across S. R. 1560. This will be brought to
the attention of Company officials in a Compliance Evaluation
Analysis.
Pending final review and approval by Permits and
Engineering, it is recommended that the NPDES Permit be renewed.
Signature of port Preparer
1
Water Quality ReOlonal Supervisor

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COMPLIANCE
EVALUATION
ANALYSIS REPORT
07/30/92
PAGE 2
PERMIT--NC0045675
PIPE--001
REPORT PERIOD:
9106-9205 LOC--- E
FACILITY--W.A.
BROWN &
SON INC
DESIGN FLOW--
.0050 CLASS--2
LOCATION--%ALI%BURY
004OO
REGION/COUNTY--03
ROWAN
MONTH
LIMIT 9.0
91/06 6.8-6.6
91/07 7.00.9
91/08 7.1-6.9
91/09
91/i0 7.3-6.9
91/11 7.4-7.1'
91/12 7.5-6.9
92/01 6.2-6.1
PH
6.11-1."".1
'
' -

Or VATMUL
ItESOURCFS ANTI'.
yRY D�VELOPMiN�'
COMMUNITY
5
JUN 2 3 1992
✓" State of North Carolina
p 6 , art e
Q1YlS�-K �i VR1, fi* ��u� -nt of Environment, Health and al Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D
William W. Cobey, Jr., Secretary June 10, 1992 Director
Regional Offices
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Asheville
704/251-6208
MR PAUL A BROWN
Fayetteville
W A BROWN AND SON INC
919/486-1541
2001 SOUTH MAIN STREET
SALISBURY NC 28145
Mooresville
704/663-1699
SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C.
Raleigh
General Statute(s) 143-215.1 (a)(6)
919/571-4700
ROWAN CountyFile
No. LV 92-25
Washington
NPDES No. NCO045675
919/946-6481
Dear Mr. Brown:
Wilmington This letter transmits notice of a civil penalty assessed against W.A.- Brown and
919/395-3900 Son, Inc. in the amount of $7,036.05, including $236.05 in enforcement costs.
Winston-Salem Attached is a copy of the assessment document explaining this penalty. This action
919/896-7007 was taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-
215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
K'
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
m'
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must
request an administrative hearing. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the
petition must be served on. the Department as follows:
Mr. John C. Hunter
Attorney General's Office
Environmental Protection Section
Post Office Box 629
Raleigh, North Carolina 27602-0629

Failure to exercise one of the options above within thirty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Kent Wiggins or Dianne Williams
Wilburn at [phone].
Sincer4.,Georgrett
ATTACHMENTS
cc: ' egiona S.uperaysor
Compliance/Enforcement File
Central Files
Public Information Officer

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Environmental
Management dated, , the undersigned, desiring to seek remission of
the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter
and does stipulate that the facts are as alleged in the assessment document.
This the
day of
BY
ADDRESS
TELEPHONE
19_

STATE OF NORTH CAROLINA
COUNTY OF Rowan
IN THE MATTER OF
W. A. Brown & Son, Inc.
OF Rowan County
FOR VIOLATIONS OF:
NPDES PERMIT NO.-NC0045675
AND NORTH CAROLINA GENERAL
STATUTE 143-215.1(a)(6)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. LV 92-25
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.)
143-215.6A, I, George T. Everett, Director of the Division of
Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. W. A. Brown & Son, Inc. is a Corporation (hereafter
Company) organized and existing under the laws of the
State of North Carolina.
B. The Company operates a 0.005 MGD wastewater treatment
plant at Salisbury, North. Carolina, which is located in
Rowan County, North Carolina.
C. The Company was issued NPDES Permit No. NC0045675 on April
17, 1989, effective May 1, 1989, with an expiration date
of March 31, 1994.
D. Said permit contains the following relevant monthly and
weekly average effluent limitations:
Parameter Limitation Units
Mo. Avg. Weekly Avg.
BOD 17.0 25.5 Mg/1
TSS 30.0 45.0 Mg/1
NH3 as N 7.0 10.5 Mg/1
Fecal Coliform --- 2000.0/100ml Ml
D.O. --- 6.0 (minimum) Mg/1
E. Monthly self -monitoring reports since July, 1991 have
revealed the following exceedances of the above -cited
permit effluent limits: (See Attachment A)
F. Notices of Violation concerning the permit monthly
limitation violations at the subject plant were sent to
the Company by DEM's Mooresville Regional Office. NOV's
were not sent to the Company for the weekly average
violations and the D.O. (minimum) violations.

Page Two
G. None of the above-cited'exceedances of the permit
effluent limitations were the result of a bypass or
power failure at the plant as defined in the permit.
H. The costs to the State of the enforcement procedures in
this matter totalled $236.05.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. The Company is a "person" within the meaning of G.S.
143-212(4).
B. NPDES Permit No. NC0045675 is required by G.S. 143-215.1.
C. The effluent limitations contained in'the subject
permit are terms, conditions, or requirements of.said
permit.
D. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of
November, 1991 in the manner and to the extent described
in Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the monthly average permitted effluent limits for BODS.
E. The Company violated G.S. 143.215.1(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of
November, 1991 in the manner and to the extent described
in Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the weekly average permitted effluent limits for BODS.'
F. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of
July, 1991 in the manner and to the extent described in
Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the monthly average permitted effluent limits for TSS.
G. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of
July, 1991 in the manner and to the extent described in
Attachment A,. when the permittee permitted waste to be
discharged into the waters of the State in violation of
the weekly average permitted effluent limits for TSS.

Page Three
H. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on three (3) occasions during the months of
July, November and December, 1991 in the manner and to the
extent described in Attachment A, when the permittee
permitted waste to be discharged into the waters of the
State in violation of the monthly average permitted
effluent limits for NH3 as N.
I. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on six (6) occasions during the months of
July, November and December, 1991 in the manner and to the
extent described in Attachment A, when the permittee
permitted waste to be discharged into the waters of the
State in violation of the weekly average permitted
effluent limits for NH3 as N.
J. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on two (2) occasions during the month of
July, 1991 in the manner and to the extent described in
Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the weekly average permitted effluent limits for D.O.
K. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of .
September, 1991 in the manner and to the extent described
in Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the weekly average permitted effluent limits for Fecal
Coliform.
L. General Statute 143-215.6A(a) provides that a civil
penalty of not more than ten thousand dollars per
violation may be assessed against a person who violates
or fails to act in accordance with the terms,
conditions, or requirements of a permit required by
G.S. 143-215.1.
M. The State's enforcement costs in this matter may be
assessed against the Company pursuant to G.S.
143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
N. The Director, Division of Environmental Management,
pursuant to delegation provided for by G.S. 143-215.6A(h),
has the authority to assess civil penalties.
Based upon the above Findings of Fact and Conclusions of
Law, I make the following:

Page Four
III. -DECISION•
Accordingly, W. A. Brown & Son, Inc. is hereby assessed a civil
penalty of:
$ aboo For S of the five (5) subject violations of
G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0045675, by discharging waste into the waters
of the State in violation of permit monthly
effluent limits.
For g of the eleven (11) subject
violations of G.S. 143-215.1(a)(6) and NPDES
Permit No. 0045675, by discharging waste into
the waters of the State in violation of permit
weekly average permit limits.
$ D or, TOTAL CIVIL PENALTY, which is (�-7J0/6
percent of the maximum penalty authorized by
G.S. 143-215.6A.
$ 236.05 Investigation costs.
$ '70 36 i TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of
the penalty I have taken into account the Findings of Fact
and Conclusions of Law and the factors set forth at G.S.
143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources
of the State, to the public health, or to private
property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or
quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or
intentionally;
(7) The prior record of the violator in complying or
failing to comply with programs over which the
Environmental Management Commission has regulatory
authority; and

Page Five
(8) The cost to the State
(, A, AI Z
14.6
(D te) George T. E
Division of
the enforcement procedures.
ett, Director
vironmental Management

Date
7/91
8/91
9/91
10/91
11/91
12/91
1/92
2/92
3/92
Total
Date
7/91
7/91
8/91
9/91
10/91
11/91
11/91
12/91
12/91
1/92
2/92
3/92
Attachment A
Monthly Average Effluent Limit Violations
BOD m 1
Limit 17 mg/1
42.0
1
TSS (mg/1)
Limit 30 mcq/ 1
38.0
1
NH as N (ma/l
Limit 7.0 ma/1
25.1
18.9
41.3
3
Weekly Average Effluent Limit Violations
BOD,(mg/1) TSS (mg/1) NH3 as N (mg/1)
Limit 25.5 mg/1 Limit 45.0 ma/1 Limit 10.5 mg/l
--- 65.0 18.2 (7/10/91)
--- --- 50.2 (7/17/91)
66.0 --- 14.0 (11/13/91)
--- --- 23.8 (11/19/91)
--- --- 41.2 (12/04/91)
-- --- 41.4 (12/17/91)
Total
1 1
■ems

T
0009<
'Tul OOT O'OOOZ -4TUIT'I
tu.z09:TToO T'eO@
21
'passassp IOM = *
Tle'4os
---
Z6/E
---
Z6/Z
---
Z6/T
---
T6/ZT
---
T6/ZT
---
T6/TT
---
T6/TT
---
T6/OT
---
T6/6
---
T6/8
(T6/i,Z/L)* Z' S
T6/L
(T6/ST/L)* 6' S
T6/L
• uTtu O • g -4TuuTq
T lu 'O'Q
a��Q
ones abL-d
panuT-4uoO

e"` STATE o ✓ � l/"
ti
vuw v®
State of North Carolina
Department of Environment, Health, and Natural Resources
Mooresville Regional Office
James C.- Martin, Governor
William W. Cobey, Jr., Secretary
Albert F. Hilton, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 19, 1992
MEMORANDUM TO: Kent Wiggins
FROM: Brenda J. Smith p§>
THROUGH: D. Rex Gleason
PREPARED BY: Tony R. Parker-14-e
SUBJECT: Fast Track Enforcement (LV)
Violation of NCGS 143-215.1(a)(6) and
NPDES Permit No. NCO045675
W. A. Brown & Son, Inc.
Rowan County, N. C.
Attached please find an enforcement report, which details
violations of the subject general statute and NPDES Permit by W. A.
Brown & Son, Inc.
Should you have any questions or require additional
information, please advise.
Attachment
TRP/kr
P.O Box 950, 919 North Main street, MooTesville, N.C. 28115-0950 • Telephone 704-G63-1699 • FAX [phone]M
An Equal Opportunity Affirmative Action Employer

STATE OF NORTH CAROLINA
COUNTY OF Rowan
IN THE MATTER OF
W. A. Brown & Son, Inc.
_G7 Rowan County
FOR VIOLATIONS OF:
NPDES PERMIT NO. NC0045675
AND NORTH CAROLINA GENERAL
STATUTE 143-215.1(a)(6)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. IV
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.)
143-215.6A, I, George T. Everett, Director of the Division of
Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. W. A. Brown & Son,.,Inc. is a Corporation (hereafter
Company) organized and existing under the laws of the
State of North Carolina.
B. The Company operates a 0.005 MGD wastewater treatment
plant at Salisbury, North Carolina, which is located in
Rowan County, North Carolina.
C. The Company was issued NPDES Permit No. NC0045675 on April
17, 1989, effective May 1, 1989, with an expiration date
of March 31, 1994.
D. Said permit contains the following relevant monthly and
weekly average effluent limitations:
Parameter Limitation Units
Mo. Avg. Weekly Avg.
BOD 17.0 25.5 Mg/l
TSS 30.0 45.0 Mg/l
NH as N 7.0 10.5 Mg/l
Fegal Coliform --- 2000.0/100ml M1
D.O. --- 6.0 (minimum) Mg/l
E. Monthly self -monitoring reports since July, 1991 have
revealed the following exceedances of the above -cited
permit effluent limits: (See Attachment A)
F. Notices of Violation concerning the permit monthly
.limitation violations at the subject plant were sent to
the Company by DEM's Mooresville Regional Office. NOV's
were not sent to the Company for the weekly average
violations and the D.O. (minimum) violations.

Page Two
G. None of the above -cited exceedances of the permit
effluent limitations were the result of a bypass or
power failure at the plant as defined in the permit.
_ H. The costs to the State of the enforcement procedures in
this matter totalled $236.05.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. The Company is a "person" within the meaning of G.S.
143-212(4).
B. NPDES Permit No. NC0045675 is required by G.S. 143-215.1.
C. The effluent limitations contained in the subject
permit are terms, conditions, or requirements of said
permit.
D. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of
November, 1991 in the manner and to the extent described
in Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the monthly average permitted effluent limits for BODS.
E. The Company violated G.S. 143.215.1(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of
November, 1991 in the manner and to the extent described
in Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the weekly average permitted effluent limits for BODS.
F. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of
July, 1991 in the manner and to the extent described in
Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the monthly average permitted effluent limits for TSS.
G. The Company violated G.S. 143-215.1-(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of
July, 1991 in the manner and to the extent described in
Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the weekly average permitted effluent limits for TSS.

Page Three
H. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on three (3) occasions during the months of
July, November and December, 1991 in the manner and to the
extent described in Attachment A, when the permittee
permitted waste to be discharged into the waters of the
State in violation of the monthly average permitted
effluent limits for NH3 as N.
I. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on six (6) occasions during the months of
July, November and December, 1991 in the manner and to the
extent described in Attachment A, when the permittee
permitted waste to be discharged into the waters of the
State in violation of the weekly average permitted
effluent limits for NH3 as N.
J. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on two (2) occasions during the month of
July, 1991 in the manner and to the extent described in
Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the weekly average permitted effluent limits for D.O.
K. The Company violated G.S. 143-215.1(a)(6) and NPDES Permit
No. NC0045675 on one (1) occasion during the month of
September, 1991 in the manner and to the extent described
in Attachment A, when the permittee permitted waste to be
discharged into the waters of the State in violation of
the weekly average permitted effluent limits for Fecal
Coliform.
L. General Statute 143-215.6A(a) provides that a civil
penalty of not more than ten thousand dollars per
violation may be assessed against a person who violates
or fails to actin accordance with the terms,
conditions, or requirements of a permit required by
G.S. 143-215.1.
M. The State's enforcement costs in this matter may be
assessed against the Company pursuant to G.S.
143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
N. The Director, Division of Environmental Management,
pursuant to delegation provided for by G.S. 143-215.6A(h)
has the authority to assess civil penalties.
Based upon the above Findings of Fact and Conclusions of
Law, I make the following:

Page Four
III. DECISION•
Accordingly, W. A. Brown & Son, Inc. is hereby assessed a civil
penalty of:
For . of the five (5) subject violations of
G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0045675, by discharging waste into the waters
of the State in violation of permit monthly
effluent limits.
$ For of the eleven (11) subject
violations of G.S. 143-215.1(a)(6) and NPDES
Permit No. 0045675, by discharging waste into
the waters of the State in violation of permit
weekly average permit limits.
$ TOTAL CIVIL PENALTY, which is
percent of the maximum penalty authorized by
G.S. 143-215.6A.
$ 236.05 Investigation costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of
the penalty I have taken into account the Findings of Fact
and Conclusions of Law and the factors set forth at G.S.
143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources
of the State, to the public health, or to private
property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or
quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or
intentionally;
(7) The prior record of the violator in complying or
failing to comply with programs over which the
Environmental Management Commission has regulatory
authority; and

Page Five
(8) The cost to the State of the enforcement procedures.
1.77 (Date) George T. Everett, Director
Division of Environmental Management

DIVISION OF ENVIRONMENTAL MANAGEMENT
ENFORCEMENT CASE ASSESSMENT FACTORS
Tie: (LV) Limit Violation
Violator: W. A. Brown and Son, Inc.
Address: Mr. Paul Brown
2001 South Main Street
Salisbury, North Carolina 28145
Registered Agent: None listed as of May 14, 1992
Address:
Regional Office: Mooresville
1. The degree and extent of harm to the natural resources of.
the State, to the public health, or to private property
resulting from the violations:
No data exists, which would document harm to the environment or
natural resources.
2. The duration and gravity of the violations:
For the nine -month review period (July, 1991 - April, 1992),
violations occurred in July, September, November, and December,
1991. In addition, all but three (3) of the 16 violations were
technical review criteria violations.
3. The effect on ground or surface water quantity or quality or
on air quality:
Unknown
4. The cost of rectifying the damage:
No damage documented
5. The .amount of money saved by noncompliance:
There is no evidence to suggest any monetary benefit was gained
as a result of the non-compliance; however, expenses for
consultation assistance to improve operation and maintenance
and/or.construction of additional wastewater treatment
facilities to provide for consistent compliance have been
saved.

Assessment Factors
Page Two
6. Whether the violations were committed willfully or
intentionally:
The violations do not appear to be intentional.
7. The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has.regulatory authority:
The Company has had two prior assessments. One was for 19
Permit Limit Violations from 1987-1988 (Case No. WQ 89-007).
The Company was assessed $14,500.00 and a settlement payment of
$5,364.00 was received. The most recent assessment (Case No.
LV 91-21) was for 15 Permit Limit Violations from July, 1990
through June, 1991. The Company was assessed $10,500.00. A
request for remission was granted and the penalty was modified
to the amount of $6,236;05. Payment was received.
8. The cost to the State of the enforcement procedures:
4 hours by investigator (investigation/
drafting report) @ 16.51/hour = $ 66.04
1 hour by Secretary for typing = 13.50
1 hour by Regional Water Quality Supervisor for
review at $31.56/hour = 24.95
1 hour by Regional Supervisor for review at
$24.95 = 24.95
Processing by Raleigh Staff = 100.00
TOTAL = 236.05
9. Type of violator and general nature of business (i.e.
individual vs. large corporation):
The violator is a commercial refrigeration manufacturer and is
a N.C. Corporation.
10. Violator's degree of cooperation (including efforts to
prevent or restore) or recalcitrance:
The Company appears to be trying to some extent to achieve
compliance.

Assessment Factors
Page Three
11. Mitigating Circumstances:
None
12. Assessment Factors:
a. IWC: 1000
b. Receiving Stream: Unnamed tributary to Grants Creek
C. SOC/JOC status/negotiations: N/A
d. Copy of MP Screen: Attached
e. Copy of Limits Page in Permit: Attached
f. Damage: None documented

DagEe
7/91
8/91
9/91
10/91
11/91
12/91
1/92
2/92 .
3/92
Total
Date
7/91
7/91
8/91
9/91
10/91
11/91
11/91
12/91
12/91
1/92
2/92
3/92
Total
Attachment A
Monthly Average Effluent Limit Violations
BOD (MCILU
Limit 17 ma/l
42.0
1
TSS (mcr/11
Limit 20 ma/l
38.0
1
NH_ as N _(ma/l
Limit 7.0 ma/1
25.1
18.9
41.8
3
Weekly Average
Effluent Limit
Violations
BODS (mg/11
TSS (mg/11
NH_ as
N (mg/1)
Limit 25.5 ma/l
Limit 45.0 mg/l
Limit
10.5 mg/1
---
65.0
18.2
(7/10/91)
---
---
50.2
(7/17/91)
66.0
---
14.0
(11/13/91)
23.8 (11/19/91)
41.2 (12/04/91)
41.4 (12/17/91)
1 1 6

H
0
(t
N
F-'
W N p p F•' I- I•j H %o 00 -1IJ
10 lO 1O \ \ \ \ \ 1D 10 10 I
N N N t0 t0 l0 l0 lD F•+ F•' I-�
F•' N F-' I� F•�
1 1 I f 1 1 1 1 1 I UI UI
1 1 1 1 1 1 1 1 1 1
I I I I I I I t I I N %O
I I I I I I I I V 1 1 1
1 1 1 1 1 1 1 1 ON 1 1 1
0
0
w
Di
0) 0
(D
(D ft
0 O
P,
14
(D
0
I-�
n
0
N-
0

A- (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENT'S Final
NPDES No. NC0045675
During the period beginning on the effective date of the Permit and last'
ng un
Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall til expiration,
the
and monitored by the Permittee as specified below: be
Effluent Characteristics Discharge Limitations
Lbs/dav Other Units (Specify)
Monthly Avg. Weekly Avg Monthly Avg. Weekly Avg
Flow
BOD, SDay, 20 Degrees C
Total Suspended Residue
NH3 as N
Dissolved Oxygen (minimum)
Fecal Coliform (geometric mean)
Total Residual Chlorine
Temperature
Conductivity
Monitoring Requirements
Measurement Sample *Sample
Frequency 1"e Location
0.005 MGD
Weekly
Instantaneous
I
or E
17.0 mg/l
25.5 mg/l
2/month
Grab
E
30.0 mg/l
45.0 mg/1
2/month
Grab
E
7.0 mg/1
10.5 mg/1
2/month
Grab
E
6.0 mg/l
6.0 mg/l
Weekly
Grab
E
U D
1000.0/100 ml
2000.0/100 ml
2/month
Grab
E,
U, D
Daily
Grab
E
Weekly
Grab
E,
U, D
Weekly
Grab
U,
D
* Sample locations: E - Effluent, I - Influent, U - Upstream ,
D - Downstream at NCSR 1516.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be
monitored 2/month at the effluent by grab sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
M3 j

e
CERTIFICATION PAGE
I certify that the information in this report is true to the
best of my knowledge. All violations of self -monitoring data have
been verified by hard copy review of the monthly reports and the
appropriate permit.
Signature of Principal Investigator(s):
Date:

, �KEX88/MP
COMPLIANCE EVALUATIGN ANALY%I% REPORT
. PA ... E
` FACILIPERMIT_-NCOO45675 PIPE--O0i REPORT PERIOD� 9iO4-9203 LOC E /r--�.n. BROWN & %ON INC DE%I�N FLOW-- 0O50 .... ....
....
LA%%
LOCATIONBURY
REUyIOfUNTY--O3 ROWAN
MONTH 5O05O 0O3i0 0053O 0O6iO 3i6i6 50060 O0300 008i0
~ ~_ Q/M"D BOD RE% NH3+NH4- FEC COLI CHLORINE DO TEMP
- ~-
LIMIT F OO50 F i7 O0 F 30 O
Cl
(000-
9i/O7 .0004 4.80 38.OF 25.iOFLE%%THAN .5OO 6.iO 32.0O
-
9i/08 .O0O4 6.i5 7.(>3.65 33O.0 .60O 6.40 25.00
9i/09 .0025 2.7O 8.5 i.25 80.O .8OO 6.2O 26.00
9i/iO .O026 6.O5LE%%THAN .9O0 7.70 20.0O
.O004 42.00F i5.O i8.9OF 35.O .5O0 8.O3 i5.O0
9i/i2 .0006 5.25 ii.0 4i.30FLE%%THAN .7iO 7.90 i3.O0
92/Oi .O006 2.85 7.5 3.45 28.0 .8O0 7.80 iO.00
92/02 .00O5 i.30 7.5 i.i5 LE%%THAN .80O 7.40 i�.00
92/O3 .00O5 i.65 i5.O .45 LE%%THAN .7OO 7.8O i6.0O
AVERA�E .0Oi3 7.20 i5.6 8.42 84.7 609 7 65 i9 94
�AXIMUM .O04O 42 OO 38 O 4i 30 33O O ^ ^ ^
^ ^ ^ ^ .90O 9 00 32 O0
MINIMUM .0O04 .9O 7.0 .45 LE%~-�A� 20O 6^i0 i0^0O
�nn � MG/L

` CKEX88/MP
`
05/i4/92
~
COMPLIANCE
EVALUATION
ANALY%I% REPORT
PA�E 2
PERMIT--NC0O45675
PIPE--O0i
REPORT PERIOD� 9iO4-92O3
LOC.... .... .... E
FACILITY--W.A.
BROWN & %ON
INC
DE%I3N FLOW--
.005O CLA%%--2
LOCATION%BURY
RE�ION/COUNTY--03
ROWAN
no=
M�M|H PH
- ~-
LIMIT 9.O 6.0
9i/04 7.O
9i/O5 7.3-7.0
9i/O6 6.8-6.6
9i/07 7.0-6.9
9i/O8 7.i-6.9
9i/O9 7.3-7.3
9i/iO 7.3-6.9
9i/i2 7.5-6.9
92/Oi 6.2-6.i
92/02
6.4-6.2
92/O3
6.5-6.3
MAXIMUiv,
7.5OO
�INIMUM
6.iOO
UNIT
%U

-04-19-:;1j- �pom DEIII i,P-FEE: I-DUAL11 7Y -'E"E(--7 IT 1--it I TO
11,111P.-O
P. 0 I/F-16
+
' 79'S'
State of North Carolina
Depwrtment of
Environment, Health and Natut-al
Resourc-eis,
512 North
Salisbury Sweet Ralcig+, North Ca!-(-Ami
-27611
C,. Martirl, (--,avemor
%Villial-n \V. Cobcy, Jr., Secr-ctaT-y
,Tune 3, iq�l
Edwin L Gamin 11
John P. Rarkkn-
D"id L. Hcrtcj
) PIcr
.1ame, C
Ligli L
Robert R.
MY R. co-dwif!
Eha�th
lay L. 0hL -mc
MEMQ
TO: George E'verett
FROM' Rob Gelbluln/o
Deputy General Counsel
RE Final AssessZent Document
Mr. John Robert Caldwell, Sr. and Mr. John Rob,--rt
Caldwe1-1, Jr.
File No. WQ 91-08
Rowan County
A f-ta ched is the f Inal assessment document f,-,Y-. t-he-
inatter. This docvinent inor— po-ratss
f'e-c-,�ived fron the Regional office and Section.
This case should be puts. on the agenda for 1.-.he nee, �-t-
en-.'Corcement conference..
RG/sd
Attacbxaent
C"C" Steve Tedder
B-renda Smith
Kent Wiggins (WQ)
Harlan Britt
I',' ", �: PA6F cpho
-A h, f4oHl Cqm)llrla 27,611-76U T.4 m 919-733-V.47

-TUH-04-199'11 1�12-09 FROM DEN [JATER QUALIT'ir' EECTIIDh] TO 111RO F. D -O G.
Sc",AT8 OF NORVII CAROLINA Nop�-T-H CILROL-INLA
r-,kP.11R0k1XT'3qTAL !qA-N.AGE44,R.NT WIMXISS-1014'
CO-014TY OF ROW.2-kN -file 140. WQ 91-08
IN THE MATTER OF:
mR, J'OHN ROBERT
CAI,DUMLL, Sr RC. P24D*MR.
TtVI-1'
j()HNROY.jE�LDTWELJJ.) CTL FR1?ALXY ASSESSWDT.
FOR OPERATING A 1rPXATXBNT)
1;40RKS WITHIN THE STATE
WITHOUT A PERMIT
Ac4:.i_ng pursuant to Nox-th Cat--Olil-W Gelr,�-!T-ai Str14-'atc'
143-215-6A, Ts George T. Ever,2tt, D-Tractor of t1le ley vI iz-iOn of
Environmental Management (DEM), 'filak4e 'the fol-lowin,11t.
i bereby find that the following oc.-r-urred:
A . Sept c-mber 25, 1981: D-gPi staff first cbser-,,ie
of animal waste from Caldwel-j- Dairy Pal -III (the Farm) tro a-n
(WS-1-11 Wat& ,
ad n
unnarted tributary to Kerr th�c-- Y ki-
River Basill) The Farm is jocrited in southwe-st 'T'Icsw'an' 001zmtY
alld is operated by Jotm Robert Caldwell, Sr. a*r4d J01-Y-11
Caldwell, Jr. (Ithe cajdwell5)- S10a2l Hill Piilrlc i� 1J0 a t e ICA
on bo,Ch banks of Kerr Creak approxiMat-2-1xY mite W
downstroam of the Fax-m- a dri-nkincl watex intakti fo-- tt-Ic-i Ci"j
iles
of Salisbury lies less than three irL
and other inspections around this ti-Ine fi-nd highly
Fecal. Cal iforn levels in xerr creek downstreaTfi Of -Faryn.
B. October 5, 1981: Certifie-
'd letter to Mr. cal -dwell st-,
from DEN reque-sting an B12forc-e4enit confet-enCe On 15.-
1981. f,-.)r discharges of manure to State- surfaoo wati2:'?-S-
C. October 15, 19814* Letter to Mir- Caldwell, Sr. . frorm D*
-0
coi,,firminq step ---Mr. caldotal1 .L would take
discharges, as dlsouss:'ed 7 M1 Enforce-nient C01-11fSr11Ce dato-
D. March. -65, 19824' ceri--ified warning isttc-r to ME—
Ca DEP, reg-ardinig _&.rs�jj. -roT-q k
Gerieral Statute (G.S.) 143-215.1.
Emarch 30, 1962. Letter to Mr.
% Sr,
that Far*jai had a)--Inten designiated �--oA-jr,:ejjtrated a.-niaNi1L
operation by then Djr�ctor o-.'Lf DVK i-n
NCAC 29 .Oj.2� and 40 CFR (nov" 40
12223), and req-dring sUbmir-sic)11 rJ,-c .114PDLS�l pe--cmit".
10 b
ap"-plication (,�rhlch was encllosed) if dischargr;� cc,,Uld t
inated within Go day&. A 1evo
per-manently 112. 2L itu appl.4
has n<----,jer be�Y,, auix-nitted to C-RM for the Farm.

`12-1' 113 FROM DEM IkRTEP IDURLITY 23ECTICit-," TO MR.13
may 21, 1982: RecolVITA011dations f Or WaSta management
syt,tent at Farra made, by Dr. jaIji-os T3&r�,nr, 11. C S t at e
UniVersity,
G, a lit 1.98-21. Labwrattory resUI Ls frOlal
shshoo,3,1001100 01 ij7icrease in FaCal C01ifOrM PIeam f
Farm.
'Lp Sr. froro DIFY,
H. June 2115, 1982'. ttCr -to Xr- CaIdWell,
advis4ng t.ha-�_ 60-day grace period as to faedI(--,t
expired June 1, 1982 and requesti.,Iq that Tell. C4-jd-wyail P-,,dviss
as to his plans regarding tIle discharge.
1. june 23, 19s2: Lett -or frorA Mr. caldwell c_o t-,'pm stating
'�'
that discharge had b&eq� Stopped and that P, t a
grassed
nded by A9rIC'AItu!-z:II
w-at�--rway had been recoiraie I
Exten.4jon ats back-up in case of failure -,f rrj -y nur
system.
j. May 4, 1 - 983: W-scharge of wastt-�WcIta--1 r�az-m due tc
broken Pipe
K. may 6, 1982., Letter to 'Mr. cal(.Itwell f roya DEM! not.1,1ulf
management probleirts, ex-plaining the prableric,; f or
caused by discllarge alld agair. reqilestincj that di�,charges
C el a S, P- .
IT. 4 aune 13, 198-1; Discharge of 'Wast-swalt-It"-4-
so ved
during land application of D"s
oxygen eta tc, _r (jujal,ity violation and 0-C d
levels.
M. Dacember 28, 1983-- Mr. CzAaw-"11, sr�
for twice aking outletS tO „Wa'�ers of State w-'tl out a erm iiilk;
P
on May 4 and June 13t 1983,
N. Januanr 25, 1964: payment of c11 j, p C'-.1 a I '�' V
acknowl.edgsd
0. oct&jer 25, 19846 r)ircharge of wactewater froart F.Rrm
due to cverfloWillg 1,190011.
-P. January 29, 10-85: Di6;charqte of Wes-- aWatc-r
due to breach in iagoon.
Q- February 8a 1985.- Lei;t(tir notifyilig
of violation,
R. FebruaxT 3-0, 1965: Discharge ot Wastewater frov., FI-rn;
due to breach in lagoon
S. March 26, Discharg-0 of ',,,T"-stWJat'a :FV0 J,
to breach In lagoQn.

9c)-1 "12: 1 CD FRF-11 DEH CUnLITY SE(710H 'TO MR0 F . 114-
T. i.-prill io, 1985: oischarc om Parr
To. dus
.. je of
to breach Jrj jagoon.
U. May 231, 1985: Civil Pell-NItY
V. October 241985r of Wagt-G>W-ItC-r fram Farm
during land z.Anolicati -or, reported by Mr. Caldwlsll, a,
phoi-ia -to DEM.
tl ITI
WNovember 26, 1985: NPDRS P817rit aPPIica Aga"
to caldwells.
X. FeLirjjary 4, 19867 Recumendatio�ris for vVasts 'IrlaIna-gelaen't
systey.a at farm ionade by Dr� J'ames Barl<ero N v C, sl:_ate
University.
YApril 198 6 z D-3scharge of Wastewater from Fa*zm
duringy land application due to leaki-119 PiPe-
Z April 8, 1986: L,��tter n -atifying the caldwi;-�Ils
violation.
A - A. June 11, 1986; Discharge of wastewslts`c f-VOIrl
duriyiq land application.
BE. June 13, 19861 1,-__ttPr nifyC otinq d I I
violation.
CC. February 1.2t 19874' Discharge of Wastewater fron Par-ni't
due to joaking pipe.
Al
DD. FebrUary 18 1987; L,��tter notifyinq ",-51dWells Of
violation.
BRc lqaroh 13, 19891,
Discharge r m ,) f s t s -.4 7 r f. r o P
caldwell Dahl due to
breach in lagoon
pF. V.-arch 17, 1989"
L.,_,-tter front Rowan Cc UI'ItY Par%,�
�nd
Reor'aation uxe-partment
concerning ongoing prohni-ams W.Ith
c=G_ Harch 27, 1989:
Notice of Viol.ation sent -lc.:`cir-,,
Caldwell, Jr.
Hkyfa February 18 1991'. Discharge of Wastcz-SWzttc.'Z'
due to overflow Of lagUOn-
!I.. Febrvary 27, 1991.' Notice Of 40r. sent
Cal -dwell, Jr.
jJ. March 23, 1991:
Psmindiez Letter *r,-,-- IIIG-8 rat 141.C3f
.P tte
A in rebrua_-y 27, 2-9PI Ve
Violation.

'1-2:1VI FR.CV1 DEN WRTER GUCLITY S:'ECTI0II`,' 1"0 MR.10 05
-4-
jjj.V,-eStigatA_on and inspeCtIOn in thia
maj:ter totalled $401-74-
Based pop the above PiMings Of Factt -L ral�e the Eojiovinq,
* Os Impsau
a opersons4l within t2le meanIf14 of G116.
The Calftellg ar 43-212(4), arid POrs0is reqalrad
143-215.6A pursuant to G,S- I- - -
4-o apply for and secUre J,.�aj-vjjts requlrecl by G,S4
t-
withirs t1le moaning Of GS,6A(a)(2).
4 If
Bw Tho Cald7wre-IIS Operated works. aril -hi -IL
State fOr Pul-POSGS Of G.S. a
In required IDy
&y. be, agtessad ckwlil PerW.I-tizi�vl
The CaldwallG m -provides t-Ilat a
d doll,_�rs Per VLOIat4on
Penalty of not more -than tell thousan
may be a5sessed against a person WhO j8 requi 1! , ,-d but falls
0 a S,
to apply for Ot
tr"
and
The Co i
reasonable and MaY be ass"'Sed'
matter WC-Ars 14,� _2 1!5. 3 (a A. ch
Caldwall:g purs-a- -to
-;t-he IlAlqt GS. .1
pravides that investigation and inSPecti0l) 00st5 Itlay be
Who violates any
a person adopted by -the
standlard.!5,, or limitatiOns
r c-E
Comuission or violates anY
ly uursuant to G,S,
p.enmit. ir,.sued
ardor or otber docu-meat issued D-urs112111t. tO G-S-
of J,,*nvirollrlental
j)jrector, GA (h)
,de.a for by GS,
purz,"arit. to dalagati0f, PrOV;- I
I- Civil Penalties in this -matter
11as 30athority to as5ess
,ria.sc--d upon tho eabove.Findings Of' Fact arld x
-1 gla)-ce the folI0Wi'n9'-
-T-II.. _I2LCaaIm,,
is are hereby assessed a civil Penalty
M me
for operat-Inq
Wjt',h_:Ln the State WithOLtt P�2r' 4-
TOTAL CIVIS, P814AY4TY, 'Jjh1-Qh "I'g
percent of the maxigil:m Penalty
authorized by GS. 143­215,,631
tion costs
Investiga

12-11 FROM DEM WATER I-JUALITY S)EC-TION -10 MR'O
-5-
p,,Vv;jj,-j,rjt to G, S. in dc;�`Cekf-Mirkirlt5 tW-21
the penalty a considerod the factors set r: � U -'r- in G.S.
Vn CrIk., or j- L.Crx Of
14n�-?E,2-1(b) and baS,,2d UIG PSnaltY
them. Those factor--,,, arel-
The degrGO and ewte�it of harm to the lr'Rturdl reS0Urt7x-'z
of the State, to t , q9 public he-altb., or to prtvate-
propia-i-ty resulting frcmi the violatiOne' WIT IJA*
The duration and gravity of the
(3) The effeCt on VaLmd or surface Water qnzantity o'r
quality or on air quality;
(4) The cost of x,p_otjfyjrjq tha damage,
Th%-- amount of money saved by noncolnpliancc--f
w1hether the violation war, cowaitted W.-I'll
intentionally;
o-wplyinq
rhe prior record of the violator In c
failing to copiply with progra= over whic-'#-i kXI"a
zo nvirnmentitl manageaw,,lit c(�zjtjssion haa--, regkIlator'S'
aut.1jority; and
f0rCejatIrA7
I'be Cost to the State of the C"j)
T"j. IMRM -
A �15-'AIIILIAIL I
rp
he Office of General counsel is directed tO
danae With
to the Ca]'Ldwellls' in zwcor
5. 6A (d)
George T� Everett, Dir8ctOr
Division of FI-jV4ronMe-intal
S-2 2 6
TOTAL P. Of--.

DIVISION OF ENVIRONMENTAL MANAGEMENT
March 28, 1991
MEMORANDUM TO: Steve Tedder
FROM: Brenda J . Smith M
C1
THROUGH: D. Rex Gleason
:PREPARED BY: Kim H. Colson
SUBJECT: Recommendation .for Enforcement
Violation of N. C. General Statute. 143-215.1
Caldwell Da.i.ry Farm
Rowan County, North Carolina
Attached is the enforcement report concerning the violation
of the subject General Statute.
The material should be self-explanatory; however, if you
have any questions, please do not hesitate to contact Mr. Gleason
or Mr. Colson, .
Attachment_
KHC:se

SUMMARY
Caldwell Dairy was designated as a concentrated animal
feeding operation March 30, 1982. Since that time, Caldwell
Dairy has had thirteen (including the most recent) documented
discharges of animal wastewater into an unnamed tributary to Kerr
Creek.
Caldwell Dairy has been recommended for enforcement four
previous times, however, Caldwell Dairy has paid only one, $1,000
civil penalty.
Caldwell Dairy has received two recommendations for properly
handling animal waste, dated May 21, 1982 and February 4, 1986,
from Dr. James Barker of the North Carolina -State University's
Department of Biological and Agriculture Engineering. The
discharge violations appear to be caused by a lack of
implementing and maintaining an adequate waste management system.
The enforcement recommendation is for one violation which
occurred on February 18, 1991 when Caldwell Dairy allowed
wastewater to enter an unnamed tributary to Kerr Creek.

NAME AND ADDRESS OF VIOLATOR
Name: Mr. John Robert Caldwell, Sr.
Mr. John Robert Caldwell, Jr.
d/b/a/ Caldwell Dairy Farm
Address: Route 1, Box 70
Mt. Ulla, North Carolina 28125
Telephone: [phone]
Location: Caldwell Dairy Farm
NCSR 1547
Rowan County, North Carolina

1.
2.
3.
4.
5.
6.
CHECKLIST FOR VIOLATIONS
A copy of the designation is attached.
The alleged violator, Caldwell Dairy Farm, is the same as
the designated operation.
This enforcement package does not include effluent
Violations. N/A
A copy of the February 27, 1991 Notice of Violation is
attached.
No chain -of -custody samples.
Violations are not due to power failure of bypass. N/A
7. Are violations chronic and/or due to a single operational
upset? The violation is the last documented discharge at
Caldwell Dairy Farm; there have been twelve previous
documented discharges.
8. Were any specific notifications..submitted concerning
noncompliance? No formal notification was made by Caldwell
Dairy informing this Office of the discharge.
9. Investigation Costs, itemized:
16 Hours by Kim H. Colson for investigation and
enforcement report @ $17.97/hour = $287.52
4 hours by Jeff Fritts for investigation @
$14.42/hour = 57.68
1 hour by Rex Gleason for supervisory review
@ $31.59/hour - 31.59
1 hour by Brenda Smith for supervisory review
@ $24.95/hour = 24.95
TOTAL $401.74

CHRONOLOGICAL ORDER OF EVENTS
March 30, 1982 Caldwell Dairy is designated as a
concentrated animal feeding operation.
May 21, 1982 Recommendations for waste management system
made by Dr. James Barker, N. C. State
University.
May 4, 1983 Discharge of wastewater by Caldwell Dairy due
to a broken pipe..
June 13, 1983 Discharge of wastewater by Caldwell Dairy
during land application of wastewater.
June 21, 1983 Caldwell Dairy recommended for enforcement.
December 28, 1983 Caldwell Dairy assessed a $1000 civil penalty
(WQ 83-15)
January 25, 1984 Payment of $1000 civil penalty by Caldwell
Dairy.
Auqust 31, 1984 Complaint concerning animal waste in Kerr
Creek at Sloan Park by Rowan County Parks
Department - investigation did not reveal
violations.
October 25, 1984 Discharge of wastewater by Caldwell Dairy due
to overflowing lagoon.
November 14, 1984 Caldwell Dairy recommended for enforcement
actions (WQ 84-22). Originally submitted as
an addendum to WQ83-15.
January 29, 1985 Discharge of wastewater by Caldwell Dairy due
to a breach in the lagoon.
February 8, 1985 Letter notifying Mr. Robert Caldwell of
violation.
February 10, 1985 Discharge of wastewater by Caldwell Dairy due
to a breach in the lagoon.
March 26, 1985 Discharge of wastewater by Caldwell Dairy due
to a breach in the lagoon.
March 29, 1985 Caldwell Dairy recommended for enforcement
actions (WQ 85-06).
April 10, 1985 Discharge of wastewater by Caldwell Dairy due
to a breach in the lagoon.

May 15, 1985 Addendum to enforcement action (WQ85-06)
submitted.
May 23, 1985 Caldwell Dairy assessed $1.2,500 in civil
penalties.
July 30, 1.985 Administrative hearing granted.
October 24, 1985 Discharge of wastewater by Caldwell Dairy
during land application. Report by Mr.
Caldwell via phone to the Mooresville
Regional Office.
April 2, 1986 Discharge of wastewater by Caldwell Dairy
during land application and due to a leaking
pipe.
April 8, 1986 Letter notifying Messrs. J. R. Caldwell, Sr.
and J. R. Caldwell, Jr. of violation.
June 2, 1986 Caldwell Dairy recommended for enforcement
actions (WQ 86-31).
June 11, 1986 Discharge of wastewater by Caldwell Dairy
during land application.
June 13, 1986 Letter notifying Messrs. J. R. Caldwell, Sr.
and J. R. Caldwell, Jr. of violation.
February 12, 1987 Discharge of wastewater by Caldwell Dairy due
to a leaking pipe.
February 18, 1987 Letter notifying Messrs. J. R. Caldwell, Sr.
and J. R. Caldwell, Jr. of violation.
November 12,, 1987 Complaint concerning discharge. Lagoon is
full, however, not enough facts to
substantiate a discharge.
March 13, 1989 Discharge of wastewater by Caldwell Dairy due
to a breach in the lagoon.
March 17, 1989 Letter from Rowan County Parks and Recreation
Department concerning the ongoing problems
with Caldwell Dairy.
March 27, 1989 Notice of Violation sent to Mr. J. R.
Caldwell, Jr.
March 29, 1989 Addendum to enforcement actions submitted.
February 18, 1991 Discharge of wastewater by Caldwell Dairy due
to overflow of lagoon..

February 27, 1991 Notice of Violation sent to Mr. J. R.
Caldwell, Jr.
March 21, 1991 Reminder letter requesting written response
as stated in February 27, 1991 NOV.

CIVIL PENALTY ASSESSMENT FACTORS FOR WATER QUALITY CASES
Each factor must be addressed in detail even though other parts
of the report may include this information. If unknown, state
why. If not applicable, state why.
a. Cause of the violation. (State whether it could have
been prevented and how. State whether the cause was
out of the violator's control, i.e.' Act of God, etc.)
The unpermitted discharge was apparently due to
negligence. The lagoon was allowed to overflow. The
discharge could have been prevented by maintaining
adequate freeboard in the lagoon.
b. The degree and extent of harm caused by the violation.
(State how you arrived at your conclusion.)
The impacted stream (Kerr Creek, WS-III) flows through
a Rowan County Park. The Rowan County Parks and
Recreation Department has registered several complaints
due to unpermitted discharges at Caldwell Dairy. There
were no water quality stream violations recorded due to
this most. .recent discharge.
c . Duration of violation..
There was one violation, the unpermitted discharge was
ceased during the on -site investigation. It is unknown
when the discharge began.
d. Effect of violation on water, public health and fish or
wildlife. (Include numbers of wildlife killed or
injured, citizen complaints, how the violation affected
the water.)
No dead fish or wildlife were noted during the
investigation, however, there have been numerous
citizen complaints and complaints from -the Rowan County
Parks and Recreation Department.
e. Effectiveness of any preventive or responsive measures
taken by the violator. (Describe measures, when
taken.)
The violator ceased the discharge during the on -site
investigation. However, future discharges can only be
prevented if the violator adequately implements and
maintains an effective waste management system.
f. Cost of rectifying the damage or information that would
be needed to determine the cost, such as process rates,

cleanup costs.
None known.
g. The alleged violator's previous record of compliance or
noncompliance. (List other enforcement actions, civil
penalties assessed, NOVs, NONs.)
The violator has a history of previous violations.
Caldwell Dairy has been recommended for enforcement on
four previous occasions. In 1983, Caldwell Dairy was
assessed and paid a $1,000 civil penalty (WQ 83-15).
In 1984 Caldwell Dairy was recommended for enforcement
(WQ 84-22). There is no known assessment for the
recommendation. In 1985, Caldwell Dairy was assessed a
$12,500 civil penalty (WQ 85-06), there is no record of
payment. In 1986, Cladwell Dairy was recommended for
enforcement (WQ 86-31). There is no known assessment
for the recommendation. An addendum to this
recommendation was made in 1989.
There have been twelve previous documented unpermitted
discharge violations.
h. Mitigating, aggravating factors, if any. (No way to
prevent the discharge, discharge caused by another
party, immediate removal, etc.).
None known.

n
I certify that the information in this report is true to the
best of my knowledge and that all .violations of self -monitoring data
have been verified by hard copy review of the monthly reports and the
applicable permit.
Signature of: :principal Investigator (s) :
Date: Gt� --
i

State of North Carolina
aq
N f
LACY H. THORNBURG Department of Justice
ATTORNEY GENERAL P.O. BOX 629
RALEIGH OF F�fVI$©°•,'�wT,il ='d
27602-0629 �ilra�i;'�%L Qrf(VE
MEMORANDUM
TO: Kent Wiggins LJD
FROM: Daniel C. Oakley I)
Special Deputy Attorney General
DATE: March 27, 1992 �Q _ �, �� �Ft ��j �✓Q��
RE: Caldwell Dairy Farm
WQ 85-06; WQ 85-13; WQ 86-31
I have reviewed the old OGC files on the above -referenced matters, ' and
you and 1 have attempted to determine the exact status of the cases. Based on
that review, I have the following comments:
WQ 85-06 This action resulted in a $12,500 civil penalty assessment on
May 22, 1985. Caldwell waived hearing on November 21,
1985. The matter should have been submitted for a remission
hearing, but was delayed clue to settlement discussions and the
development of a waste management plan.
WQ 85-13 This involved a separate violation, which was apparently
merged into the above -referenced settlement discussions and
plan development. No additional assessment was made.
WQ 86-31 This action involved another violation, but no additional assess-
ment was made.
There is nothing for our office to collect in the last two cases, and the statute
of limitations has run on the collection of the $12,500 penalty in the first case.
I have closed these files in our office and am returning them to you for
disposition.
Please advise if there is any enforcement action necessary for current
Caldwell operations.
/dw
cc: Bren Smith
:wiggins.do
An Equal Opportunity/Affirmative Action Employer

�STAIr
ESQ�.�EsID State of North Carolina
LACY t faf& tAW91--�� ®� Department of Justice
ATTORNEY GENERAL V P.O. BOX 629
2 T 1992 RALEIGH
Ca
27602-0629
151V1SiDi1 of lia01{Eoiva'RFcEIui�AlH6� 1 April 15, 1992
Mr. John Robert Caldwell, Sr. s
Mr. John Robert Caldwell, Jr.
Route 1, Box 70
Mt. Ulla, N.C. 28125
Re: Civil Penalty for Operation of a Treatment Works
imml -Tv`
Gentlemen: —j�T' e c, C vev-r y
� r y,�y'��gq'. 1F7+ttretaeyimt�e'.•vky�i
APR 21 195-2
WATER QUALITY
SECTION
APR Z i992
I=A{;ILITiFS i�.CSESSAh"t`h� ��''•T
The Department of Environment, Health and Natural Resources has
requested this office to file suit against you to collect an unpaid civil penalty in
the amount of $10,401.74 for operation of a treatment works without a permit
in violation of G.S. 143-215.1. According to the enforcement files, you received
notice of the assessment on June 10, 1991. By statute, you were required to
either appeal the civil penalty or pay the penalty within thirty .(30) days after
receiving the notice. Since you did neither, the penalty became immediately 'due
Oil July 10, 1991.
In negotiations with
your
attorney, Mr. J.
Stephen
Gray, the Department
accepted a proposal to settle
the
mutter for
$1000.00.
Payment was to have
been received by October
1,
1991.
At Mr.
Gray's request,
the Department
agreed to extend the deadline
for
payment to
October
9, 1991. To date no
payment has been received
and
the
Department
has had
no communication with
Mr. Gray since October 14,
1991.
If you do not make payment of the agreed upon $1,000.00 penalty within
ten (10) days (or contact me within that time to establish a schedule for
installment payments), I will be forced to bring an action to collect the civil
penalty; in that action, I will seek interest and court costs as well as the full
amount of the $10,401.74 civil penalty originally assessed against you.
The Department made a good faith effort to respond to your situation, but
given the lack of response now has no choice but to litigate the matter. You
may pay the penalty by mailing a certified check or money order, made payable
to the Department of Environment, Health and Natural Resources, to me at the
letterhead address.
An Equal Opportunity/Affirmative Action Employer

John Robert Caldwell
April 15, 1992
Page 2
Please call me at [phone] if you have any questions.
Sincerely,
LACY H. THORNBURG
Attorney General
Robin W. Smith
Assistant Attorney General
cc: Steve Tedder,

/lN1.1
date of North Carolina
LACY H. THORNBURG Department of Justice
ATTORNEY GENERAL I'•O. BOX 629
J!..l:„ 13ALEIGH
�RIS7.Ifd;1 27602-0629
'199
DLit, - July 26, 1991
• � L
Mr. J. Stephen Gray, Esq.
P.O. Box 4158
Salisbury, NC 28144
LCEI VED
JUL � i 1991
FACILIIIES ASSESSMENT UNIT
RE: Assessment Against Messrs. John R. Caldwell, Sr. & Jr.
Rowan County (WQ 91-08)
Dear Mr. Gray:
Thank you for your letter dated July 10, 1991. This letter
is written because I did not hear back from you after leaving a
message yesterday.
Our response to your letter is as follows: Without
conceding that your letter was timely (we did not receive it
until the 32nd day following the Caldwells' receipt of the
assessment), I repeat what I stated during our telephone
conversation of June 18,. 1991, i.e., that we are unable to
consider any settlement offer in this matter (including the $1000
offer in your July 10th letter) absent documentation of your
claims concerning bankruptcy and liquidation of assets. Further,
for your offer to be considered we must receive the subject
documentation no later than August 9, 1991.
Sincerely,
LACY H. THORNBURG
Attorney Gener 1
Rob Gelblum
Associate Attorney General
RG/ sd

bcc: George T. Everett
Steve Tedder
Brenda Smith

State of North Carolina
LACY H. THORNBURG Department of JusticeIf
ATTORNEY GENERAL, C. DEPT. QE NATURAL
RE.SO UtiUES AND P.O. BOX 629
�871�3i.xiJlv��Y t T:*k'ra:E'tT RALEIGH
27602.0629
JUL 3 1 1991
bIVIS011 OF ;i' ! ;" :' :;eLi1T
14001RES`ti ILL E E Iv y :1 OWE
Mr. J. Stephen Gray, Esq.
P.O. Box 4158
Salisbury, NC 28144
July 26, 1991
t�
RE: Assessment Against Messrs. John R. Caldwell, Sr. & Jr.
Rowan County (WQ 91-08)
Dear Mr. Gray:
Thank you for your letter dated July 10, 1991. This letter
is written because I did not hear back from you after leaving a
message yesterday.
Our response to your letter is as follows: Without
conceding that your letter was timely (we did not receive it
until the 32nd day following the Caldwells' receipt of the
assessment), I repeat what I stated during our telephone
conversation of June 18, 1991; i.e., that we are unable to
consider any settlement offer in this matter (including the $1000
offer in your July loth letter) absent documentation of 'your
claims concerning bankruptcy and liquidation of assets. Further,
for your offer to be considered we must receive the subject
documentation no later than August 9, 1991.
RG/sd
Sincerely,
LACY H. THORNBURG
Attorney 6ener 1
Rob Gelblum
Associate Attorney General
An Equal Opportunity/Affirmative Action Employer

bcc: George T. Everett
Steve Tedder
�-B

State of North Carolina
Department of Environment, Health and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
June 5, 1991
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Messrs. John Robert Caldwell, Sr.
& John Robert Caldwell, Jr.
Route 1, Box 70
Mt. Ulla, North Carolina 28125
John C. Hunter
General Counsel
Office of General Counsel
Edwin L. Gavin II
John P. Barkley
David G. Heeter
J. Peter Rascoe, III
James C. Holloway
Leigh L. Stallings
Robert R. Gelblum
Billy R. Godwin
Elizabeth E.Rouse
Jay L. Osborne
N. C. DEPT. OF NATURAL
RESOURCES AND
COMMUNITY Dr VELOPM NT
JUN 7 - 1991
011'ISi t; S; LI;y! ; V'., i ;L .,' jd,=tv 7 °dL- 1d1
fti7 NEB ILEE itEG aXAL OFFICE
Subject: Assessment of Civil Penalties for
Operating a Treatment Works within the State
without a Permit
Rowan County
File No. WQ 91-08
Dear Messrs. Caldwell:
This letter transmits notice of a civil penalty
and investigative costs assessed against Mr. John Robert
Caldwell, Sr. and Mr. John Robert Caldwell, Jr. in the total
amount of $10,401.74.
Attached is a copy of the assessment document
explaining this penalty. This action was taken by,the
Director, Division of Environmental Management, pursuant to
the delegation authorized by G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
must:
Within thirty (30) days of receipt of this notice, you
(1) Submit payment of the penalty; or
(2) Submit a written request for remission or
mitigation, including a detailed justification for
such request; or
P.O. Box 27687, Raleigh, North Carolina 27611-7697 Telephone [phone]

(3) Submit a written request for an administrative
hearing.
Additional information about your options is as
follows:
(1) Payment should be made directly to this office.
Payment of the penalty will not foreclose further
enforcement action for any continuing or new
violation(s). ,
(2) A request for remission or mitigation is limited
to consideration of the reasonableness of the
amount of the penalty and is not the proper
procedure for contesting the accuracy of any of
the statements contained in the attached
assessment document. Because a remission request
forecloses the option of an administrative
hearing, such a request must be accompanied by a
waiver of your right to an administrative hearing
and a stipulation that there are no factual or
legal issues in dispute. You must execute and
return the attached waiver and stipulation form to
this office. Finally, your detailed justification
should include any relevant documentation, and
state.a case that:
-one or more of the civil penalty assessment
factors in G.S. 143B-282.1(b) were wrongly
applied to the detriment of the petitioner;
-continuing environmental damage resulting
from the violation was promptly abated;
-the violation was inadvertent or a result of
an accident;
-the violator has not been assessed civil
penalties for any previous violations; and/or
-payment of the civil penalty will prevent
payment for the remaining necessary remedial
actions.
(3) If you wish to contest any statements in the
attached assessment document, you must request an
administrative hearing. This request must be in
the form of a written petition, conforming to
Chapter 150E of the North Carolina General
Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 27447,
Raleigh, North Carolina 27611-7447. A copy of the
petition must be served on the Department as

follows:
Mr. John C. Hunter
Registered Agent
Office of General Counsel
Department of Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611
Failure to timely make payment or exercise one of your
options will result in this matter being referred to the
Attorney General with a request to initiate a civil action
to collect the penalty.
Sincerely,
dL.-
Rob Gelblum
Deputy General Counsel
RG\rbw
Attachments
cc: George T. Everett
Steve Tedder

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
ENVIRONMENTAL MANAGEMENT
COMMISSION
FILE NO. WQ 91-08
IN THE MATTER OF ASSESSMENT) REQUEST FOR REMISSION OF
OF CIVIL PENALTIES AGAINST ) CIVIL PENALTIES; WAIVER OF
MR. JOHN ROBERT CALDWELL, ) RIGHT TO AN ADMINISTRATIVE
SR. AND MR. JOHN ROBERT ) HEARING AND STIPULATION OF
CALDWELL, JR. ) FACTS
Having been assessed civil penalties totalling
$10,401.74 for Operating a Treatment Works within the State
without a Permit as set forth in the assessment document of
the Director,. Division of Environmental Management dated
June 5, 1991, the undersigned, desiring to seek remission of
the civil penalties, does hereby waive their right to an
administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment
document.
This the day of
BY
ADDRESS
TELEPHONE
1991.
/i

V, "
STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF:
MR. JOHN ROBERT )
CALDWELL, SR. AND MR. )
JOHN ROBERT CALDWELL, JR.)
FOR OPERATING A TREATMENT)
WORKS WITHIN THE STATE )
WITHOUT A PERMIT )
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. WQ 91-08
CIVIL PENALTY ASSESSMENT
Acting pursuant to North Carolina General Statute (G.S.)
143-215.6A, I, George T. Everett, Director of the Division of
Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
I hereby find that the following occurred:
A. September 25, 1981: DEM staff first observe discharge
of animal waste from Caldwell Dairy Farm (the Farm) to an
unnamed tributary to Kerr Creek (WS-III waters in the Yadkin
River Basin). The Farm is located in southwest Rowan County
and is operated by John Robert Caldwell, Sr. and John Robert
Caldwell, Jr. (the Caldwells). Sloan Mill Park is located
on both banks of Kerr Creek approximately one mile
downstream of the Farm; a drinking water intake for the City
of Salisbury lies less than three miles downstream. This
and other inspections around this time find highly elevated
Fecal Coliform levels in Kerr Creek downstream of Farm.
B. October 5, 1981,: Certified letter to Mr. Caldwell, Sr.
from DEM requesting an Enforcement*Conference on October 15,
1981 for discharges of manure to State surface waters.
C. October 15, 1981: Letter to Mr. Caldwell, Sr. from DEM
confirming steps Mr. Caldwell would take to prevent future
discharges as discussed in Enforcement Conference this date.
D. March 25, 1982: Certified warning letter to Mr.
Caldwell from DEM regarding violations of North Carolina
General Statute (G.S.) 143-215.1.
E. March 30, 1982: Letter to Mr. Caldwell, Sr. stating
that Farm had been designated concentrated animal, feeding
operation by then Director of DEM in accordance with 15A
NCAC 2H .0123 and 40 CFR 124.82 (a) (2) (ii) (now 40 CFR
122.23), and requiring .submission of NPDES permit
application (which was enclosed) if discharge could not be
permanently eliminated within 60 days. A permit application
has never been submitted to DEM for the Farm.

F. May 21, 1982: Recommendations for waste management
system at Farm made by Dr. James Barker, N.C. State
University.
G. June 1, 1982: Laboratory results from samples taken
show 3,100/100 ml increase in Fecal Coliform downstream of
Farm.
H. June 25, 1982: Letter to Mr. Caldwell, Sr. from DEM
advising that 60-day grace period as to feedlot designation
expired June 1, 1982 and requesting that Mr. Caldwell advise
as to his plans regarding the discharge.
I. June 28, 1982: Letter from Mr. Caldwell to DEM stating
that discharge had been stopped and that collection pit and
grassed waterway had been recommended by Agricultural
Extension as backup in case of failure of primary manure
system.
J. May 4, 1983: Discharge of wastewater from Farm due to
broken pipe.
K. May 6, 1983: Letter to Mr. Caldwell from DEM noting
management problems, explaining the problems for stream
caused by discharge and again requesting that discharges
cease.
L. June 13, 1983: Discharge of wastewater from Farm
during land application of wastewater causes Dissolved
Oxygen water quality violation and elevated Fecal Coliform
levels.
M. December 28, 1983: Mr. Caldwell, Sr. assessed $1000
for twice making outlets to waters of State without a permit
on May 4 and June 13, 1983.
N. January 25, 1984: Payment of civil penalty
acknowledged.
O. October 25, 1984: Discharge of wastewater from Farm
due to overflowing lagoon.
P. January 29, 1985: Discharge of wastewater from Farm
due to breach in lagoon.
Q. February 8, 1985: Letter notifying Mr. Caldwell, Sr.
of violation.
R. February 10, 1985: Discharge of wastewater from Farm
due to breach in lagoon.
S. March 26, 1985: Discharge of wastewater from Farm due
to breach in lagoon.

-3-
T. April 10, 1985: Discharge of wastewater from Farm due
to breach in lagoon.
U. May 23, 1985: Civil penalty of $12,500 assessed.
V. October 24, 1985: Discharge of wastewater from Farm
during land application reported by Mr. Caldwell, Sr. via
phone to DEM.
W. November 26, 1985: NPDES permit application again sent
to Caldwells.
X. February 4, 1986: Recommendations for waste management
system at Farm made by Dr. James Barker, N.C. State
University.
Y. April 2, 1986: Discharge of wastewater from Farm
during land application due to leaking pipe.
Z. April 8, 1986: Letter notifying the Caldwells of
violation.
AA. June 11, 1986: Discharge of wastewater from Farm
during land application.
BB. June 13, 1986: Letter notifying Caldwells of
violation.
CC. February 12, 1987: Discharge of wastewater from Farm
due to leaking pipe.
DD. February 18, 1987: Letter notifying Caldwells of
violation.
EE. March 13, 1989: Discharge. of wastewater from Farm by
Caldwell Dairy due to breach in lagoon.
FF. March 17, 1989: Letter from Rowan County Parks and
Recreation Department concerning ongoing problems with Farm.
GG. March 27, 1989: Notice of Violation sent to Mr.
Caldwell, Jr.
HH. February 18, 1991: Discharge of wastewater from Farm
due to overflow of lagoon.
II. February 27, 1991: Notice of Violation sent to Mr.
Caldwell, Jr.
JJ. March 21, 1991: Reminder Letter reiterating request
for written response made in February 27, 1991 Notice of
Violation.

0
-4-
II.
KK. The costs of investigation and inspection in this
matter totalled $401.74.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. The Caldwells are "persons" within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212(4), and persons required
to apply for and secure permits required by G.S. 143-215.1
within the meaning of G.S. 143-215.6A(a)(2).
B. The Caldwells operated a treatment works within the
State for purposes of G.S. 143-213(17), for which a permit
is required by G.S. 143-215.1.
C. The Caldwells may be assessed civil penalties pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil
penalty of not more than ten thousand dollars per violation
may be assessed against a person who is required but fails
to apply for or to secure a permit required by G.S.
143-215.1.
D. The costs of, investigation and inspection in this
matter were reasonable and may be assessed against
the Caldwells pursuant to G.S. 143-215.3(a)(9), which
provides that investigation and inspection costs may be
assessed against a person who violates any regulations,
standards, or limitations adopted by the Environmental
Management Commission or violates any terms or conditions of
any permit issued pursuant to G.S. 143-215.1, or special
order or other document issued pursuant to G.S. 143-215.2.
E. The Director, Division of Environmental Management,
pursuant to delegation provided for by G.S. 143-215.6A(h),
has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of
Law, I make the following:
III. DECISION•
The' Caldwells are hereby assessed a civil penalty of:
for operating a treatment works
within the State without a permit
$ /U,00O TOTAL CIVIL PENALTY, which is
percent of the maximum penalty
authorized by G.S. 143-215.6A
$ 401.74
$ 10.5Lo�.7�
Investigation costs
TOTAL AMOUNT DUE

Pursuant to G.S. 143-215.6A(c), in determining the amount of
the penalty I considered the factors set , out in G.S.
143B-282.1(b) and based the penalty on one or a combination of
them. Those factors are:
(1) The degree and extent of harm to the natural resources
of the State, to the public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or
quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or
failing to comply with programs over which the
Environmental Management Commission has regulatory
authority; and
(8) The cost to the State of the enforcement procedures.
IV. TRANSMITTAL•
The Office of General Counsel is directed to transmit this
Civil Penalty Assessment to the Caldwells in accordance with G.S.
143-215.6A(d).
S �
�batjeo) George T. rett, Director
Division oiAEnvironmental Management
S-226

(LP�1 0PPPFrP__
N. C. DEPT. or, NATUP_4Z
!) ti
Coll!)
ollr-CIP AIENT
MAY Q 1991
DIV1SU or •z;Pt9^Ei4 ,
� /tirl e - t.:.r:,u.�:;1Et,7Al P+:Eif?k6E6fENT
State of North Carolina 6aCf<hE'J)t�£ RcufDlilfiL OFFICE
of Environment, Health and Natural resources
512 North Salisbury Street • Raleigh, North Carolina 27611
�)y James G. Martin, Governor
William W. Cobey, Jr., Secretary
�tJ ,
*D��v �I3 May 24, 1991
Jot`
J�P
M E M O R A N D U M
Br TO: enda egiiri _th'
Regional Supervisor
Steve Tedder
Section Chief
FROM: Rob Gelblum
RE: Draft Assessment Document
Caldwell Dairy Farm
File No. WQ 91-08
Rowan County
5�31.
John C. Hunter
General Counsel
Office of General Counsel
Edwin L. Gavin 11
John P. Barkley
David G. Heeter
J. Peter Rascoe, III
James C. Holloway
Leigh L. Stallings
Robert R. Gelblum
Billy R. Godwin
Elizabeth E.Rouse
Jay L. Osborne
Please coordinate review of the attached draft
assessment document in the above -referenced matter.
Careful review of the document is requested. In
addition, it would be advisable to review the enforcement
report again. Testimony as to the accuracy of the facts
contained in the assessment document and enforcement report
may be necessary at an administrative hearing. 0-1
sub- it any ee3 �� �sithin tcr9—w� S 0 �F6t3Y �� 'r' —ei�-- its-
-s—
Should you have any questions, please contact this
office.
RG/ sd
attachment
cc: George Everett (w/out attachment)
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Eoual Opportunity Affirmative Action Employer

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF:
MR. JOHN ROBERT )
CALDWELL, SR. AND MR. )
JOHN ROBERT CALDWELL, JR.)
FOR OPERATING A TREATMENT)
WORKS WITHIN THE STATE )
WITHOUT A PERMIT )
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. WQ 91-08
CIVIL PENALTY ASSESSMENT
Acting pursuant to North Carolina General Statute (G.S.)
143-215.6A, I, George T. Everett, Director of the Division of
Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
I hereby find that the following occurred:
A. September 25, 1981: DEM staff first observe discharge
of animal waste from Caldwell Dairy Farm (the Farm)
unnamed tributary to Kerr Creek (WS-III wasters
Yadkin River Basin). The Farm is located in southwest Rowan
County and is operated by John Robert Caldwell, Sr. and John
Robert Caldwell, Jr. (the Caldwells). Sloan Mill Park is
located on both banks of Kerr Creek approximately one mile
downstream of the Farm; a drinking water intake for the City
of Salisbury lies less than three miles downstream. This
�� and other inspections around this time find highly elevated
\ �ys Fecal Coliform levels in Kerr Creek downstream of Farm.
B. October 5, 1981: Certified letter to Mr. Caldwell, Sr.
from DEM requesting an Enforcement Conference on October 15,
i 1981 for discharges of manure to State surface waters.
C. October 15, 1981: Letter to Mr. Caldwell, Sr. from DEM
confirming steps Mr. Caldwell would take to prevent future
i discharges as discussed in Enforcement Conference this date.
D. March 25, 1982: Certified warning letter to Mr.
Caldwell from DEM regarding violations of North Carolina
General Statute (G.S.) 143-215.1.
E. March 30, 1982: Letter to Mr. Caldwell, Sr. stating
that Farm had been designated concentrated animal feeding
operation by then Director of DEM in accordance with 15A
NCAC 2H .0123 and 40 CFR 124.82 (a) (2) (ii) (now 40 CFR
122.23), and requiring submission of NPDES permit
application (which was enclosed) if discharge could not be
permanently eliminated within 60 days. March 30, 1982: A
permit application has never been
submitted for the Farm.

-2-
0
J\-
F. May 21, 1982: Recommendations for waste management
system at Farm made by Dr. James Barker, N.C. State
University.
G. June 1, 1982: Laboratory results from samples taken
show 3,100/100 ml increase in Fecal Coliform downstream of
Farm. i
H. June 25, 1982: Letter to Mr. Caldwell, Sr. from DEM
advising that 60-day grace period as to feedlot designation
expired June 1, 1982 and requesting that Mr. Caldwell advise
as to his plans regarding the discharge.
I. June 28, 1982: Letter from Mr. Caldwell to DEM stating
that discharge had been stopped and that collection pit and
grassed waterway had been recommended by Agricultural
Extension as backup in case of failure of primary manure
system.
J. May 4, 1983: "Discharge of wastewater from Farm due to
broken pipe. /
K. May 6, 1983: Letter to Mr. Caldwell from DEM noting
management problems, explaining the problems for stream
caused by discharge and again requesting that discharges
cease.
L. June 13, 1983: Discharge of wastewater from Farm
during land application of wastewater causes Dissolved
Oxygen and Fecal Coliform water quality violations.
M. DecembE` ,- Mr. Caldwell, Sr. assessed $1000
for twice making outlets to waters of State without a permit
on May 4 and June 13, 1983.
N. January 25, 1984: Payment of civil penalty
acknowledged.
O. October 25, 1984: Discharge of wastewater from Farm
due to overflowing lagoon.
P. January 29, 1985: Discharge of wastewater from Farm
due to breach in lagoon.
Q. February 8, 1985: Letter notifying Mr. Caldwell, Sr.
of violation.
R. February 10, 1985: Discharge. of wastewater from Farm
due to breach in lagoon.
S. March 26, 1985: Discharge of wastewater from Farm due
to breach in lagoon.

-AA
-3-
T. April 10, 1985: Discharge of wastewater from Farm due
to breach in lagoon.
U. May.23, 1985: Civil penalty of $12,500 assessed.
V. October 24, 1985: Discharge of wastewater from Farm
during land application reported by Mr. Caldwell, Sr. via
phone to DEM.
7-7 "O\/, P, 65-- �GII n,T ��• S S T l`t� Gr��u W�L 5
April 2, 1986: Discharge of wastewater from Farm
during land application due to leaking pipe.
�i X. April 8, 1986:. Letter notifying the Caldwells of
violation.
Y.- June 11, 1986: Discharge of wastewater from Farm
during land application.
Z. June 13, 1986: Letter notifying Caldwells of
violation.
AA. February 12, '1987: Discharge of wastewater from Farm
due to leaking pipe.
BB. February 18, 1987: Letter notifying Caldwells of
violation.
CC. March 13, 1989: Discharge of wastewater from Farm by
Caldwell Dairy due to breach in lagoon.
DD.. March 17, 1989: Letter from Rowan County Parks and
Recreation Department concerning ongoing problems with Farm.
EE. March 27, 1989: Notice of Violation sent to Mr.
Caldwell,.Jr.
FF. February 18, 1981:� Discharge of wastewater from Farm
due to overflow W' jc q
GG. February 27, 1991: Notice of Violation sent to Mr.
Caldwell, Jr.
HH. March 21, 1991: Reminder Letter reiterating request
for written response made in February 27, 1991 Notice of
Violation.
II. The costs of investigation and inspection in this
matter totalled $401.74.
Based upon the above Findings of Fact, I make the following:

-4-
II. CONCLUSIONS OF LAW:
A. The Caldwells are "persons" within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212(4), and persons required
to apply for and secure permits required by G.S. 143-215.1
within the meaning of G.S. 143-215.6A(a)(2).
B. The Caldwells operated a treatment works within the
State for purposes of G.S. 143-213(17), for which a permit
is required by G.S. 143-215.1.
C. The Caldwells may be assessed civil penalties pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil
penalty of not more than ten thousand dollars per violation
may be assessed against a person who is required but fails
to apply for or to secure a permit required by G.S.
143-215.1.
D. The costs of investigation and inspection in this
matter were reasonable and may be assessed against
the Caldwells pursuant to G.S. 143-215.3*(a)(9), which
provides that investigation and inspection costs may be
assessed against a person who violates any regulations,
standards, or limitations adopted by the Environmental
Management Commission or violates any terms or conditions of
any permit issued pursuant to G.S. 143-215.1, or special
order or other document issued pursuant to G.S. 143-215.2.
E. The Director, Division of Environmental Management,
pursuant to delegation provided for by G.S. 143-215.6A(h),
has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of
Law, I make the following:
III. DECISION•
The Caldwells are hereby assessed a civil penalty of:
$ 401.74
for operating a treatment works
within the State without a permit
TOTAL CIVIL PENALTY, which is
percent of the maximum penalty
authorized by G.S. 143-215.6A
Investigation costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of
the penalty I considered the factors set out in G.S.
143B-282.1(b) and based the penalty on one or a combination of
them. Those factors are:

-5-
(1) The degree and extent of harm to the natural resources
of the State, to the public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity, or
quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or
failing to comply with programs over which the
Environmental Management Commission has regulatory
authority; and
(8) The cost to the State of the enforcement procedures.
IV. TRANSMITTAL•
The Office of General Counsel is directed to transmit this
Civil Penalty Assessment to the Caldwells in accordance with G.S.
143-215.6A(d) .
Date) George T. Everett, Director
Division of Environmental Management
S-226

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL Z 587 834 269
RETURN RECEIPT REQUESTED
Mayor Jim Brown
CLEVELAND, TOWN - WWTP
P.O. BOX 429
CLEVELAND, NC 27013
Dear Mayor Brown:
N1.9;WA
D E N R
AUG 1 2 1999
�3 G 1999
A
Subject: Remission Request of
Civil Penalty Assessment
NPDES Permit Number NCO049867
CLEVELAND, TOWN - WWTP
ROWAN County
Case Number LV 99-211
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and have not found grounds to modify the assessment of
$1,073.33.
Should you choose to pay the full penalties, payment should be tendered to me at the
letterhead address within 30 days of the receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the committee and Division staff will argue against
any reduction of the assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address within 30 days of the receipt of this letter. Your request will be scheduled to
be heard on the agenda of the next scheduled committee meeting and you will be notified of the
date and time. If a response is not received by the Division regarding this notice, your request
will be scheduled on the agenda for an upcoming committee meeting.
1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

If you have any questions about this letter, please do not hesitate to contact Bob Sledge at
[phone], extension 547.
Thank you for your cooperation in this matter.
Sincerely,
Kerr T. Stevens
cc: M.00resville_Regional -Office,
Enforcement File
Central Files

L/ DIVISION OF WATER QUALITY
July 12, 1999
Memorandum:
TO: Rea Gleason
FROM: John Lesle
Y
SUBJECT: Request for Remission of Civil Penalties
Case Numbers LV 99-160 (1/99) and LV 99-211 (2/99)
Town of Cleveland WWTP
NPDES Permit No. NC0049867
Rowan County
A review of the subject Request for Remission of Civil Penalties has been completed. The Town of Cleveland
does not dispute the violations. Furthermore, the letter refers to the Town's failure to properly operate the
WWTP as a cause of the noncompliance. Some Pretreatment Program deficiencies may also contribute to the
ongoing problem. Dxlt
Civil Penalties were assessed for the March 1999 in the amount of $1323.33 (Case No. 99-236). The
facility is also in violation of the weekly and monthly average BOD permit limits in April 1999. It is
recommended that the request for remission be denied.

State of North Carolina
Department of Environment •
and Natural Resources �l!- &A
� �f
Division of Water Quality �_
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary e.,NCDENR
C/ � NORTH cAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
July 1, 1999
The Honorable Jim Brown, Mayor
Town of Cleveland.
P.O. Box 401
Cleveland, NC 27013
Subject : Request for Remission of Civil Penalty
Town of Cleveland
Case Numbers LV 99-211 and LV 99-160
NPDES Permit Number NC0049867
Rowan County
Dear Mayor Brown:
The Division of Water Quality has received your request for remission of the civil penalties,
with accompanying support information. Your request will be placed on the agenda of the
Director's next scheduled enforcement conference, and you will be notified of the results.
Should you have any questions, please feel free to contact Bob Sledge at 919/733-5083,
extension 547.
Sincerely,
Bob Sledge
Environmental Specialist
Point Source Compliance/Enforcement Unit
B S/sl
cc: .os-= Mooresville::Reg--ionaLW, Supervasorr v/ t chtnents
Enforcement File w/ 3 attachments
Central Files w/ attachments
1617 Mail Service Center, Raleigh, N.C. 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

V_�
Town of Cleveland
100 North Depot Street
P.O. Box 429
Cleveland, N.C. 27013
[phone]
June 24, 1999
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
P. O. Box 29535
Raleigh, NC 27626-0535
Dear Ms. Sullins:
We are writing in response to the April 30, 1999 and the May 28, 1999 letters
regarding the Assessment of Civil Penalties for monthly Ammonia Nitrogen violations
at the Town of Cleveland Wastewater Treatment Plant for January 1999 (Case No.
LV 99-160) and February 1999 (Case No. LV 99-211). We acknowledge that the
wastewater treatment plant experienced violations for Ammonia Nitrogen during
these sampling periods; however, the Town has always made every effort to correct
all problems as expeditiously as possible.
The Town has elected to pursue option two detailed in the letters. We respectfully
request remission and/or mitigation for the noted violations. Our request for
remission includes information detailing the Town's effort to abate this problem. The
Town is dedicated to correcting this problem. However, payment of civil penalties will
financially hinder this process. We have included the completed "Waiver of Right to
An Administrative Hearing and Stipulation of Facts" for both violations. Information
regarding these Ammonia Nitrogen violations and request for remission are
presented subsequently.
Several modifications have been made both at Freightliner and by the Town in
operating the WWTP to reduce the problem with Ammonia Nitrogen violations.
These modifications are presented subsequently.
Freightliner implemented in-house modifications to reduce or eliminate the
Ammonia Nitrogen spikes -discharged.
2. Freightliner implemented adjustments in their wastestream to increase
alkalinity to optimize the efficiency of nitrification in the WWTP.
3. Freightliner provided a nitrifying bacterial culture additive to reseed and further
optimize the nitrification process.
�� Jt+N 2 5 1999 ���

Page 2
June 24, 1999
4. The aerators were switched from low speed to high speed in order to meet or
exceed the minimum oxygen required for biological nitrification.
The above mentioned modifications have significantly improved the Effluent
compliance with Ammonia Nitrogen. The most recent data received indicates that
the VWVfP continues to properly nitrify with effluent Ammonia Nitrogen levels of less
than 1.0 mg/I.
The payment of civil penalties is extremely burdensome on the Town of Cleveland as
it complicates the Tom's ability to make any necessary corrective measures. As you
can see, we have worked along with Freightliner to agressively address the
Ammonia Nitrogen problem and both the Town and Freightliner have expended large
amounts of money to research and rectify the problem. From all indications, we feel
that we have successfully addressed and corrected any issues that would cause any
violations of these parameters in the future. Therefore, the Town respectfully
requests remission of the associated penalties.
I trust this information demonstrates our commitment to regulatory compliance and
the correction of these problems. Thank you for your consideration of this matter.
Sincerely,
Jim Brown
Mayor
cc: Hydro Management Services
.Freightliner Corporation

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
THE TOWN OF CLEVELAND
PERMIT NO. NC0049876
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 99-211
Having been assessed civil penalties totaling "Z Q 73 , 3 _15 - for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated M ck d a � , I f'F 9 , the undersigned, desiring to seek remission of the civil
penalties, does hereby aive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
the receipt of the notice of assessment.
This the r-'R L[ day of n -cl- , 19�
BY
ADDRESS
::ED L o L� 0--�- C (e 4 e (M-,-\ 4
�6x `aC,
TELEPHONE
0 ���g-4-7-7

STATE OF NORTH CAROLINA
COLINTY OF ROWAN,
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
THE TOWN OF CLEVELAND
PERMIT NO. NCO049867
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
. WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 99-160
Having been assessed civil penalties totaling 3 3 for
iriolation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated r, 3O 1 1 c o , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive .the right to an administrative hearing in the above=stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
the receipt of the notice of assessment.
This the o"Z,� day of 19�
10
sY
ADDRESS
1 C ck) n n--C C
TELEPHONE
/70q1 a78- 4777

JAMES E. HUNT JR.
GOVERNOR
1 �'ul6
NORTH CAROLIN[A DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 28, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WAYNE NICDEVI7- The Honorable Jim Brown, Mayor
SECRETARY Town of Cleveland
Post Office Box 401
Cleveland, North Carolina 27013
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and
NPDES Permit No. NCO049867
Town of Cleveland
Case No. LV 99-211
Rowan County
Dear Mayor Brown:
This letter transmits a Notice of Violation and assessment of civil penalty in
`. the amount of $1073.33 ( $1000 civil penalty + $73.33 enforcement costs) against the
Town of Cleveland (the Town).
This assessment is based upon the following facts: A review has been
conducted of the discharge monitoring report (DMR) submitted for the month of
February 1999. This review has shown the subject facility to be in violation of the
discharge limitations found in NPDES Permit No. NCO049867 for the monthly
average limit violation for ammonia as nitrogen. The violation that occurred is
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town
violated the terms, conditions or requirements of NPDES Permit No. NCO049867 and
North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent
described in Attachment A. Pursuant to G.S. 143-215.6A(a)(2), a civil penalty of not
more than ten thousand dollars ($10,000.00) per violation, per day, if the violations are
of a continuing nature, may be assessed against a person who violates the terms,
b. conditions or requirements of a permit required by N.C.G.S. 143-215.1(a).
919 NORTH MAIN STREET, MDORESV I LLE, NORTH CAROLI NA 26115
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE D/10% POST -CONSUMER PAPER

Based upon the above findings of fact and conclusions of law, and in accordance with
authority provided by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment
against the Town:
a :�
$ /G�DJ.
For
% of the one violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0049867 by
discharging waste into the waters of the State in
violation of the permitted monthly average effluent
limit for ammonia as nitrogen.
TOTAL CIVIL PENALTY, which is $ 1060. ��� 6
percent of the maximum penalty.authorized by G.S.
143- 215.6A.
$ 73.33
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to.private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) _ The cost to the State of the enforcement procedures.
2

Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of -
Point Source Compliance/Enforcement Unit
Division of Water Quality -
P.O. Box 29535
Raleigh, North Carolina 27626-0535
2. Submit a written .request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses -the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement that you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of -
Ms. Colleen Sullins
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
3

Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will review
the information during a bimonthly enforcement conference and inform you of his
decision in the matter of the remission request. His response will provide details
regarding case status, directions for payment and provision for further appeal of the
penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions. Please be advised that the Committee cannot consider information that was
not part of the original remission request considered by the Director and therefore, it is
very important that you prepare a complete and thorough statement in support of your
request for remission.
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn, General Counsel
Department of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty.
El

Please be advised that any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty. If you have any questions about this civil
penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional
Office at 704/663-1699.
(Date)
ATTACHMENTS
D. Rex Gle4Won, P.E.
Water Quality Regional Supervisor
Mooresville Regional Office
Division of Water Quality
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
JL

ATTACHMENT A
February 1999
Town of Cleveland NCO049867
Monthly Average Limit Violation
Date
Parameter
R orted Value
Permit Limit
February 1999
Ammonia as N
34.85 m *
1 12.00 m l
* assessed

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
THE TOWN OF CLEVELAND
PERMIT NO. NC0049876
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 99-211
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
the receipt of the notice of assessment.
This the day of , 19.
ADDRESS
TELEPHONE

EFFLUENT
NPDES PERMIT NO: NCOD49B67 DISCHARGE NO: DQ1 MONTH: FEBRUARY YEAR: IUV
FACILITY NAME: ZQYVLL_QE_Q-LEVELAND WWiP CLASS: IL, COUNTY: ROWAN
OPERATOR IN RESPONSIBLE CHARGE (ORC): CLYDE KIVETT GRADE: LV_ PHONE: 904127B-004)
CERTIFIED ORATORY: (1) HYDRO ANALYTICALIABORATORIES. INC
PERSON(s) COLLECTING SAMPLES: Cl YDE KIVETT ROBI=RT MARSHALL
CHECK-51 OCK IF ORC HAS CHANGED - -
Mail original and one copy to: • - ••
ATT: Central Files
L)ivision of+-nvironmental Management-
DEHNR /� �✓ ��..f �L 0- '�
P. O. BOX 29535 --• -
Raleioh. North Carolina 27626-0535 - •(SIG ATUtpe OF RESPONSIBLE.CHARGE)
BY THIS SIGNATURE, 1 CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
50050 1000101 004001 50060 . 00310 1 00610 005301 31616 ' 00300 1 006001 00665i 00545 00625 i 00340OOD95
D 'i operator I FLOW 1 j GMETRIC I I 1
A I Arrival I Operator ORC EFF [XI 1 MEAN 1 '
T Time: I Time on On INF 1 RES. BOD 5 I j FECAL SETT. !
E 2400 ClocY. Site Site? RATE 1 TEMP 1 pH I CL2 2ODEG.C' NH3-N 1 TSS COLIF. D.O. I T -NIT. 1 T: PHO. I MATTER' TKN COD I COND.
MGD IDEG C.I UNITS 1 UG/L l MG/L MG/L 1 MG/L /100 ML 1 MG/L ! MG/L I MG/L ! MG/L MG/L ! MG/L ! umhos/cm
2 730 8.0! Y ! 0.14201 13.0 1 6.8 : < 20.00 6.01 < 0.1
3.. 730.' <8>D !. Y (D:1222.1 14.01: >'.6 8;:f < ::20:DD i - .;: 6.8.1:>
4 730; 8.0 i Y 1 0.11681 15.0 1 6.9 1- 20.001 6.51 < 0.11
Y::.:: .; 0:1521'I;.1.5.01.;:68
6 930 2.01 N i 0.11071 1
7 Z30, 2s0 N.,.:I':D0915:1[: i
8 7001 8.51 Y 1 0.12451 15.01 7.01 1 62.601 19.0 : < 1.01 6.91 1 I < 0.1 1 141.0 138 '
:9 70D . 7<:5 t Y : i D 1268:;' 15.0 ::::6 9 ; I ::::. 7.D j3: I < 0.1
10 730: 8.0 i Y 1 0.12081 15.01 7.0 ! < 20.00: 21.0 I 6.8 i1 < 0.1 1 1 < 25.0
7 1 700>20;00
12 1 73D i 8.01 Y ! 0.0984 ! 17.01 6.61 6.61 1 < 0.1
• � `5D 1 Y . ai 1.3
42
14 7301 3.01 Y 0 0756 i I
0.1378 12.0 , B' <`<20;00 :.<;:15.D 1 �:23.60 < 1.D:1 25>6a :1230
16 i 730; 5.0 ! Y 0.1298 ! 14.0 6.8 ! ! 7.8 i < 0.1
17'' 73D 8`0 Y D 8'3331> 15 0 `'` r 3 1 < :20 00'• .. ".
18 730 ' 7.0 i Y 0 13521 15 0 '' 7.31 < 20.00 7.311 < 0.1 !
19' 730' 8'Dt Y i'077691 1S0 73 7.3i
1.;
20 830 2.0 , N 0.1233 1
4 > : :s1 t
22 7301 801 Y 1 013921 1201 741< 2D00 26001 70-< 10; 711 1< 011 1 2601 11751
23 l 73D- 8 D' ..Y:::*:.*:,.`0.7123:iE .1:3:D't' ::7.6, :....
24 7301 8.01 B 0.13401 13.01 7.51 i 7.31 1 < 0.1 1
:25';... .730 .:::8s01 Y r i;: 0.13D.6i:1,13-0
26 73D i 8.01 Y 1 0.1076 I 14.0 1 7.3 1< 20.00 1 / 01 I < 0.1 1 I
' 27:.
28 7001 4.01 B 0.09241 1
o <
30 !
I
AVERAGE ; 0 1196 ` 14 1 1 67 24 3 34 85 7 0 < 1.0 7.0 0.0 ! 41-6 957
MAXIMUM:20.00
'MINIMUM 1 0.06421 12.0 i 6.6 !< 20.00 15.0 !<� D !< 1.0 !< 1.01 6.0 I< 0.1 i 25.1)' 138
Cornp`(C)1Grab(G) ..., t G G G C C t. C G a C ::i C C ;. C. ;:1 .0
?MONTHLY AVG. LIMIT 1 0.30001 3D.0 1 12.00 30.0 200.0
1/11EEKLY AVG .LIMIT �: ' 45 D.I_ .> 45 0 i' 40D.D; . . ,..:P:..... :. I
`.DAILY MAXIMUM LIMIT i 6-9 28.00 1
REPLICA DEM FORM MR-1 (12/93) ' Minimum 5mg/l
NOTE: A numerical value of zero (one for Fecal Colifonns) was used for calculation on those
numbers reoorted as "less than" (<).

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet permit requirements
Compliant
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.,
and a time table for improvements to be made.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are siognificant
penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."
Town of Cleveland
Permittee Address
Gary Stainba
Ire of Pe -* Date
(704) 8-4.777 December 31, 1999
Phone Number Permit Exp. Date
P.O. Boy, 401 Cleveland NC 27103
PARAMETER CODES
00010
Temperature
00556
00076
Turbidity
00600
00080
Color (Pt -Co)
00610
00082
Color (ADMI)
00625
00095 Conductivity 00630
00300 Dissolved Oxygen
00310
BODS
00665
00340
COD
00720
00400
pH
00745
00530 Total Suspended
00927
Residue
00929
00545
Settleable Matter
00940
Oil & Grease 00951 Total Fluoride
01067 Nickel 50060 Total
Total Nitrogen 01002 Total Arsenic
01077 Silver Residual
Ammonia Nitrogen
01092 Zinc Chlorine
Total Kjeldhal 01027 Cadmium
01105 Aluminum
Nitrogen
Nitrates/Nitrites 01032 Hexavalent Chromium
01034 Chromium
Total Phosphorous
Cyanide
Total Sulfide
Total Magnesium
Total Sodium
Total Chloride
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lead -
01147
Total Selenium
71880 Formaldehyde
31616
Fecal Coliform
71900 Mercury
32730
Total Phenolics
81551 Xylene
34235
Benzene
34481
Toluene
38260
MBAS
39516
PCBs
50050
Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
* ORC must visit facility and document visitation of facility as required per 15A NCAC 8A .0202 (b) (5) (B).
** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b)
(2) (D).

Fast Track W®rksheet
Case Number LV 99 211
Facility Name CLEVELAND, TOWN - WWTP
Permit Number NCO049867
Response Received 0 Yes 0 No
IWC
Permitted Flow
MGD Document
Environmental
Number of Offenses Damage
Facts O SOC/JOC O Permit O 1st O 2nd O 3rd O 4th O 5th JOYes O No
Assessment Factor
Total Assessment Factor
Total
Number Number Penalty/ Assessment
Violations Assessed Parameter Violation Violation Factor Total Penalty
Percent of the Maximum Penalty
Authorized by G.S. 143-215.6A. 10.00
Comments

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
L Kerr T. Stevens, Director
AUG 12 1999
CERTIFIED MAIL Z 587 834 269
RETURN RECEIPT REQUESTED
Mayor Jim Brown
CLEVELAND, TOWN - WWTP
P.O. BOX 429
CLEVELAND, NC 27013
"4
,&rql*
D E N R
ift 1 0 9
i{�lis tiJih i.i` 'r •in�J
Subject: Remission Request of
Civil Penalty Assessment
NPDES Permit Number NCO049867
CLEVELAND, TOWN - WWTP
ROWAN County
Case Number LV 99-160
Dear Mayor Brown:
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and have not found grounds to modify the assessment of
$1,073.33.
Should you choose to pay the full penalties, payment should be tendered to me at the
letterhead address within 30 days of the receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the committee and Division staff will argue against
any reduction of the assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address within 30 days of the receipt of this letter. Your request will be scheduled to
be heard on the agenda of the next scheduled committee meeting and you will be notified of the
date and time. If a response is not received by the Division regarding this notice, your request
will be scheduled on the agenda for an upcoming committee meeting.
1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

If you have any questions about this letter, please do not hesitate to contact Bob Sledge at
[phone], extension 547.
Thank you for your cooperation in this matter.
Sincerely,
�=��=
Kerr T. Stevens
cc: Moor�sville�Regional Off ci e
Enforcement File
Central Files

f J DIVISION OF WATER QUALITY
July 12, 1999
Memorandum:
TO: Rex Gleason
FROM: John Lesle4—
SUBJECT: Request for Remission of Civil Penalties
Case Numbers LV 99-160 (1/99) and LV 99-211 (2/99)
Town of Cleveland WWTP
NPDES Permit No. NC0049867
Rowan County
A review of the subject Request for Remission of Civil Penalties has been completed. The Town of Cleveland
does not dispute the violations. Furthermore, the letter refers to the Town's failure to properly operate the
WWTP as a cause of the noncompliance. Some Pretreatment Program deficiencies may also contribute to the
ongoing problem.
Civil Penalties were assessed for the March 1999 in the amount of $1323.33 (Case No. 99-236). The
facility is also in violation of the weekly and monthly average BOD permit limits in April 1999. It is
recommended that the request for remission be denied.

State of North Carolina
Department of Environment
and Natural Resources / ,1 M ►�
Division of Water Quality V
v James B. Hunt, Jr., Governor evrp�INCDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
July 1, 1999
The Honorable Jim Brown, Mayor
Town of Cleveland
P.O. Box 401
Cleveland, NC 27013
Subject : Request for Remission of Civil Penalty
Town of Cleveland
Case Numbers LV 99-211 and LV 99-160
NPDES Permit Number NCO049867
Rowan County
Dear Mayor Brown:
The Division of Water Quality has received your request for remission of the civil penalties,
with accompanying support information. Your request will be placed on the agenda of the
Director's next scheduled enforcement conference, and you will be notified of the results.
Should you have any questions, please feel free to contact Bob Sledge at 919/733-5083,
extension 547.
Sincerely,
Bob Sledge
Environmental Specialist
Point Source Compliance/Enforcement Unit
BS/sl
cc:.-_�- -Moore_sville_-Region4WQ:Supe -isor-_w/_attachments
Enforcement File w/ 3 attachments
Central Files w/ attachments
1617 Mail Service Center, Raleigh, N.C. 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Town of Cleveland
100 North Depot Street f qD�
P.O. Box 429
Cleveland, N.C. 27013i/�
[phone]
June 24, 1999
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
P. O. Box 29535
Raleigh, NC 27626-0535
Dear Ms. Sullins:
We are writing in response to the April 30, 1999 and the May 28, 1999 letters
regarding the Assessment of Civil Penalties for monthly Ammonia Nitrogen violations
at the Town of Cleveland Wastewater Treatment Plant for January 1999 (Case No.
LV 99-160) and February 1999 (Case No. LV 99-211). We acknowledge that the
wastewater treatment plant experienced violations for Ammonia Nitrogen during
these sampling periods; however, the Town has always made every effort to correct
all problems as expeditiously as possible.
The Town has elected to pursue option two detailed in the letters. We respectfully
request remission and/or mitigation for the noted violations. Our request for
remission includes information detailing the Town's effort to abate this problem. The
Town is dedicated to correcting this problem. However, payment of civil penalties will
financially hinder this process. We have included the completed "Waiver of Right to
An Administrative Hearing and Stipulation of Facts" for both violations. Information
regarding these Ammonia Nitrogen violations and request for remission are
presented subsequently.
Several modifications have been made both at Freightliner and by the Town in
operating the WWTP to reduce the problem with Ammonia Nitrogen violations.
These modifications are presented subsequently.
Freightliner implemented in-house modifications to reduce or eliminate the
Ammonia Nitrogen spikes. discharged.
2. Freightliner implemented adjustments in their wastestream to increase
alkalinity to optimize the efficiency of nitrification in the WWTP.
3. Freightliner provided a nitrifying bacterial culture additive to reseed and further
optimize the nitrification process. _
xll
JUN 2 5 1999

• Page 2
June 24, 1999
4. The aerators were switched from low speed to high speed in order to meet or
exceed the minimum oxygen required for biological nitrification.
The above mentioned modifications have significantly improved the Effluent
compliance with Ammonia Nitrogen. The most recent data received indicates that
the WWTP continues to properly nitrify with effluent Ammonia Nitrogen levels of less
than 1.0 mg/l.
The payment of civil penalties is extremely burdensome on the Town of Cleveland as
it complicates the Town's ability to make any necessary corrective measures. As you
can see, we have worked along with Freightliner to agressively address the
Ammonia Nitrogen problem and both the Town and Freightliner have expended large
amounts of money to research and rectify the problem. From all indications, we feel
that we have successfully addressed and corrected any issues that would cause any
violations of these parameters in the future. Therefore, the Town respectfully
requests remission of the associated penalties.
I trust this information demonstrates our commitment to regulatory compliance and
the correction of these problems. Thank you for your consideration of this matter.
Sincerely,
Jim Brown
Mayor
cc: Hydro Management Services
Freightliner Corporation

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
THE TOWN OF CLEVELAND
PERMIT NO. NC0049876
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 99-211
Having been assessed civil penalties totaling P l 0 `7 3, 3 _15 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated M ck q a 8 , 11' y , the undersigned, desiring to seek remission of the civil
penalties, does hereby N4aive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
the receipt of the notice of assessment.
This the rR Li ' day of �u n -c- , 19�
BY M0)`'
ADDRESS
L3
TELEPHONE
) � a-7 4,77

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
THE TOWN OF CLEVELAND
PERMIT NO. NCO049867
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 99-160
Having been assessed civil penalties totaling �'� 3 3 for
iriolation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated r�� 30 c o , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned Rather
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
the receipt of the notice of assessment.
This the oR �—a� day of 19
e
10
tiles,
BY OF
ADDRESS
B ew
C ie � 'e ��� ► � a7c11-3
TELEPHONE
�7041 ez7&— 4777

1�me
NORTH CAROLINA DEPARTMENT OF
(ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE'
DIVISION OF WATER QUALITY
April 30, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Gary Stainback
Town of Cleveland
Post Office Box 401
Cleveland, North Carolina 27103
SUBJECT: Notice of Violation and Assessment of Civil.
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and
NPDES Permit No. NCO049867
Town of Cleveland
Case No. LV 99-160
Rowan County
Dear Mr. Stainback:
This letter transmits a Notice of Violation and assessment of civil penalty in
the amount of $1073.33 ( $1000 civil penalty + $73.33 enforcement costs) against the
Town of Cleveland (the Town).
This assessment is based upon the following facts: A review has been
conducted of the discharge monitoring report (DMR) submitted for the month of
January 1999. This review has shown the subject facility to be in violation of the
discharge limitations found in NPDES Permit No. NCO049867 for the monthly
average limit violation for ammonia as nitrogen. The violation that occurred is
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town
violated the terms, conditions or requirements of NPDES Permit No. NCO049867 and
North Carolina General Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent
described in Attachment A. Pursuant to G.S. 143-215.6A(a)(2), a civil penalty of not
more than ten thousand dollars ($10,000.00) per violation, per day, if the violations are
of a continuing nature, may be assessed against a person who violates the terms,
conditions or requirements of a permit required by N.C.G.S. 143-215.1(a).
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 1 S
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

Based upon the above findings of fact and conclusions of law, and in accordance with
authority provided by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment
against the Town:
$ /CI0 ©, For of the one violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0049867 by
discharging waste into the waters of the State in
violation of the permitted monthly average effluent
limit for ammonia as nitrogen.
$ ! 6 D b, p TOTAL CIVIL PENALTY, which is /6
percent of the maximum penalty authorized by G.S.
143- 215.6A.
$ 73.33 Enforcement costs.
$ l %3. �--3 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
2
AD

Within thirty days of receipt of this notice, you must do one of the following: `
1.. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of -
Point Source Compliance/Enforcement Unit
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement that you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator'had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions. .
Please submit this information to the attention of:
Ms. Colleen Sullins
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
3

Please note that all information presented in support of a request for remission Ap
must be submitted in writing. The Director of the Division of Water Quality will review
the information during a bimonthly enforcement conference and inform you of his
decision in the matter of the remission request. His response will provide details
regarding case status, directions for payment and provision for further appeal of the
penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions. Please be advised that the Committee cannot consider information that was
not part of the original remission request considered by the Director and therefore, it is
very important that you prepare a complete and thorough statement in support of your
request for remission.
X;
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn, General Counsel
Department of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty.
4

b
Please be advised that any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty. If you have any questions about this civil
penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional
Office at 704/663-1699.
g/ 06'
(Date)
ATTACHMENTS
Z? //?,
D. Rex G ason, P.E.
Water Quality Regional Supervisor
Mooresville Regional Office
Division of Water Quality
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
JL

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
THE TOWN OF CLEVELAND
PERMIT NO. NC0049867
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 99-160
Having been assessed civil penalties totaling _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after 30 days from
the receipt of the notice of assessment.
This the day of , 19
BY
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Cleveland Permit No. NCO049867
Monthly Average Limit Violation
Date
Parameter
Reported Value
Permit Limit
January 1999
Ammonia as N
25.64 mg/1
12.00 mg/1

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling firquencies do NOT meet Permit requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.
and a time table for improvements to be made.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information; the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."
Town of Cleveland
1999
Permittee Address Phone Number Permit Exp. Date
P.O. Box 401, Cleveland, NC 27103
PARAMETER CODES
00010
Temperature
00556
00076
Turbidity
00600
00080
Color (Pt -Co)
00610
00082
Color (ADMI)
00625
00095 Conductivity 00630
00300 Dissolved Oxygen
00310 BOD5 00665
00340 COD 00720
00400 pH 00745
00530 Total Suspended 00927
Residue .00929
00545 Settleable Matter 00940
Oil & Grease 00951 Total Fluoride
Total Nitrogen 01002 Total Arsenic
Ammonia Nitrogen
Total Kjeldhal 01027 Cadmium
Nitrogen
Nitrates/Nitrites 01032 Hexavalent Chromium
01034 Chromium
Total Phosphorous
Cyanide
Total Sulfide
Total Magnesium
Total Sodium
Total Chloride
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total
Residual
Chlorine
71880 Formaldehyd
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
* ORC must visit facility and document visitation of facility as required per 15A NCAC 8A .0202 (b) (5) (B).
** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b)
(2) (D).

IWAP fl i c
Ip
EFFLUENT
k4P
NPDES
PERMIT N0:
NC0049867
DISCHARGE NO:
201
MONTH: JANUARY
YEAR: 1499.
FACILITY
NAME: ZOWN 0= CLEVELAND
WWTP
CLASS:
u.
COUNTY: BQW6N
OPERATOR
IN RESPONSIBLE
CHARGE (ORC):
CLYDE KIV
TT
GRADE: LL/
PHONE:
r041 278-0042
PD.
y,
r%ir
CERTIFIED
LABORATORY:
(1) HYDRO
ANALYTICAL
IA80RATORIES•INC
PERSON(s) COLLECTING SAMPLES:
CLYDE !UVEn $9gERT MARSHALL
"
CHECK BLOCK rF ORC HA[ CHANCED i
Mail original and one
copy to:
ATT: Central Files
J
Division of Environmental
DEHNR
Management
x
,
L
P. 0. BOX 29535
(SIGWATUPVOP RESPONSIBLE CHARGE)
Raleigh. North Carolina 27626-0535
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE
TO THE BEST OF MY
KNOWLEDGE
'
1 50050 ;00010
00400'
50060
00310
00610
00530 31616 1 00300 1
006001 00665
00545
00625
00340i
00095
D
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FLOW I
i'
GMETRIC
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Time: i Time On
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2400Clock I Site
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RATE 'TEMP..
H
CL2
20DEG.0
NH3-N
TSS COLIF. D.O. I
T.-NIT. i T: PHO.' MATTER
TKN
COD
COND.
MGD !DEG C. UNITS
UG/L
MG/L '
MG/L
MG/L /100 ML MG/L
MG/L MG/L
MG/L
MGIL
MG/L i umhos/cm
1
700 5.0 r-
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<:0_0593 :
..:
2
700. 2.0
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0.1801
3
300 :..2.0:
N
` :0.0498:
4
730 8.0
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0.0889
10.0
6.3
20.00
9.04
< 1.0 2.0; 7.5 -
<
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107 0
466
5
730; -8.0
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: "0.0660 i
10.0 :
6.5
6.9 i
i,<
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6
730: 8.0
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0.0787 `
10.0
6.6 - <
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6.8
<
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92 0
/
730:. :8.0
Y ^:D.0984
:::12.0'
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.6.2
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730' 8.0
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13.0
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9
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6.8 '
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::6.8
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< 1:0 < .;.':1 D :::.-.'6:4
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7301 8.0
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14.0
6.7
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105.0 i
1083
19
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6.6 <
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21.40 :
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<
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26
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4.0 < 1.0 ; 7.01
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::: 730 I :_ .
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900 I 4.5
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AVERAGE
10.1100'
12.9
6.43
21.0
25.64
7.3 4 8 ! 6.61
0.0
87 95
75 91
879
MAXIMUM
Or2243 ..1.5:0
.
.6.8 ;
20:00
; .::34:0,.
,62r40
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....: <
1..0
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...
0
91.08
!MINIMUM
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10.0
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24.01< 1.00 i< 1.0'< 1.01 6.2
<
1.0
54.901
27.01
466
:MONTHLY AVG. LIMIT 0.3000 30.0 12.00 30 n inn n i
Cr L-M U-1 rUMA MM-1 t Ift0j) ' Minimum 5mgll
NOTE: A numerical value of zero (one for Fecal Colifonns) was used for calculation on those
numbers reported as "less than" (<).

Fast Track Worksheet
Case Number LV 99 160
Facility Name CLEVELAND, TOWN - WWTP
Permit Number NCO049867
Response Received p Yes p No
IWC
Permitted Flow
MGD Document
Environmental
Number of Offenses Damage
Facts 10 p Permit 10 1 st p 2nd ® 3rd® 4tri O bth 10 Yes p No
Assessment Factor
Total Assessment Factor =
Total
Number Number Penalty/ Assessment
Violations Assessed Parameter Violation Violation Factor Total Penalty
Percent of the Maximum Penalty
Authorized by G.S. 143-215.6A. 10.00
Comments

Violat�cn;M[c�nthl'�'�ear anuar s9
y Remission Request
Letter Date 1411011Euf. Conf bate
Fena_ liyAmount $ 6 b�('
MainPayn