NCG080959_NOV Acknowledgment_20210219

February 17, 2021
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND E-MAIL
Mr. Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Land Quality Section
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
zahid.khano,ncdenr.gov
Moore&VanAllen
Mary Katherine Stukes
Attorney at Law
T 7043312456
F 704 378 2059
rnarykatherinestukesw valawtom
Moore & Van Allen PLLC
Suite 4700
100 North Tryon Street
Charlotte, NC 28202-4003
Re: Response to February 2, 2021 Notice of Violation (NOV-2021-PC-0061) �
Migway, Inc. (Y
NPDES Certificate of Coverage: NCGO80959
9349 China Grove Church Road, Pineville, Mecklenburg County, NC 28134
Dear Mr. Khan:
I write on behalf of Migway, Inc. ("Migway") with respect to the February 2, 2021 Notice of
Violation ("NOV") that it received from the North Carolina Department of Environmental Quality
("DEQ") related to its coverage under National Pollutant Discharge Elimination System
Stormwater General Permit No. NCG080000 (the "General Permit") for its facility located at 9349
China Grove Church Road, Pineville, North Carolina (the "Facility"). As DEQ stated in the NOV,
a Charlotte -Mecklenburg Storm Water Services employee conducted a site inspection of the
Facility on December 2, 2020. The NOV alleges three General Permit condition violations arising
from the site inspection, related to developing and implementing a Stormwater Pollution
Prevention Plan ("SPPP") and conducting certain monitoring activities. The NOV requests a
written explanation as to these alleged violations and also requests that a SPPP be completed and
sent to your office.
Since the site inspection, Migway has been evaluating options for implementing a program to
ensure compliance with ongoing requirements under the General Permit; however, it was unable
to finalize that process prior to DEQ issuing the NOV. Specifically, Migway has engaged an
environmental consultant for purposes of ensuring compliance with the General Permit conditions
and developing and implementing a SPPP. Migway plans to have a completed SPPP to DEQ by
the April 2, 2021 deadline set forth in the NOV (within sixty calendars of the date of the NOV).
As discussed herein, Migway is taking the actions set forth above to resolve this matter and
reserves the right to make additional arguments or present additional information in connection
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Charleston, SC

with this matter. We look forward to working with your Section to complete the remaining tasks
and bring this matter to a successful completion.
Best regards,
Mary Katherine Stakes
cc: Alex Volk, Migway, Inc.
Matt Bramblett, Hart & Hickman, PC
Annette Lucas, PE Stormwater Program Supervisor
Alaina Morman, Environmental Specialist
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