200502393_Complete File - Historical_20171231

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Thomas, Owner
Charlotte Site Development
940 Crafters Lane
Pineville, NC 28134
Subject:
Dear Mr. Thomas:
October 22, 2004
7003 2260 0001 3550
William G. Ross, Jr., Secretary
Alan W, Klimek, P.E., Director
55
NOTICE OF VIOLATION
Incident #: 200402393
Tracking #: NOV-2004-OC-0011
G.S. 143-215.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of Diesel Fuel
Charlotte Site Development
940 Crafters Lane, Pineville
Mecklenburg County, NC
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.
On October 5, 2004, Mr. John McCulloch of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation of your property located at 940 Crafters Lane in Pineville, NC.
This investigation was conducted as part of a cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a result of this investigation, the following condition
was found on the property in violation of G.S. 143-215.83(a):
Discharge of diesel fuel to the ground on the subject property. The discharge also
flowed onto and impacted soils on an adjacent property.
To comply with the law, it will be necessary to immediately discontinue all illegal
discharge activity, to collect, remove and properly dispose of the discharge 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
potential for recurrent illegal discharges.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] / Fax: [phone] / Internet: h2o.enr,state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Nome Carolina
atura!!i

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
October 22, 2004
7003 2260 0001 3550 3148
Mr. J. Cliff McCowan, CHMM, Senior Environmental Scientist
Kinder Morgan Southeast Terminals LLC
P.O. Box 18306
Greensboro, NC 27419
Subject: Notice of Violation - Effluent Limitations
Tracking #: NOV-2004-LV-0527
KM ST Charlotte Terminal
NPDES Permit No. NC0032891
Mecklenburg County
Dear Mr. McCowan:
A review of the July 2004 self -monitoring report for the subject facility revealed a violation of the
following parameter:
Pipe Parameter Reported Value Limit
001 Total Suspended Residue 563 mg/L 45.0 mg/L FIN
Remedial actions, if not already implemented, should be taken to correct any problems. The
Division of Water Quality may pursue enforcement actions for this and any additional violations. If the
violations are of a continuing nature, not related to operation and/or maintenance problems, and you
anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent. You may contact Richard Bridgeman of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or
me at 704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
cc: Point Source Branch
Rusty Rozzelle, MCWQP
RMB
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] / Fax: [phone] / Internet: h2o.enr,state.nc,us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
NgnAhCarolina
Naturally

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
CRRTJETED MAP,
RE -ill -RN RECEIPT REIN TESTED
Mr. Rick Nagy, Manager
Commercial Duct Systems
1100 Tuckaseegee Road
Charlotte, NC 28208
Subject:
Dear Mr. Nagy:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E„ Director
October 7, 2004
7003 2260 0001 3550 2868
NOTICE OF VIOLA 110N
Incident #: 200402276
Tracking #: NOV-2004-DV-0045
Violation of G.S. 143-215.1(a)
Discharge of wastewater
Commercial Duct Systems
1100 Tuckaseegee Road, Charlotte
Mecklenburg County, NC
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.
On September 15, 2004, Mr. Jon Beller of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation of your property located at 1100 Tuckaseegee Road. This
investigation was conducted as part of a cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a resuh of this investigation, the following condition
was found on the property in violation of G.S. 143-215.1(a):
Discharge of wastewater to Stewart Creek, a Class C water in the Cata
Basin.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day wthen
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 unperrnitted discharge. You will he odirkesi of
any enforcement recommendation.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] / Fax: [phone] / Internet: haenrstate.nc.us
On
NorthCarohna

Rick Nagy
Page 2
October 7, 2004
To comply with the law, it will be necessary to
It is also recommended that you implement co
illegal discharges.
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 me by pn inter than nether 2, 2004
Also, please send a copy of this response to Mr. Rusty Ro2zelle of MCWQP at 700 North Tryon
Street, Suite 205, Charlotte, NC, 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at
704/663-1699.
D. Rex Gleason, P.E.
Surface Water Protection Regional Superviso
cc: Rusty Roselle, MCWQP
DRG/jb
FILE: H:IENVIEPICI WQINOV 04OO953a.nov

SERVICE REQUESTMORK ORDER
2004-00953
N: VVQS
V1RONKMENTAL8T: JnnathanBe|ler
NATURE QFREQUEST: Administrative Request/Work Order
FILE DESCRIPTOR 1: IC-F(1)-CI
FILE DESCRIPTOR 2:
CONTACT:
coMr*mrmxwRmrLACE:
BUSINESS PHONE NO: (
NOTIFICATION PROMPT:
)
DATE: 09K15/2004 @13:43
TAKEN BY: Jonathan Beller
REQUESTING PARTY INFO
COMPANY CDS
ADDRESS: 1100TUCKASEEGEERD
CHARLO/|ENC28208' '
CONTACT: Rick Nagy
PHONE NO: (704)343'9775
HOME PHONE NO: ( ) '
FACILITY INFO
ACTIVITIES
SERVICE REQUESTED..:
Storm drain system onBenryhU|Rdhas white colored dry weather flow present.
07108113
ACTION TAKEN.......
8M5/04
J. Beller was performing a follow up to an ongoing investigation at Southern Concrete when he noticed a large amount of flow
inthe o0ormduainsystem above the Southern Concrete facility onBonyhiURd. J.BeUnrtracked the flow towhat hmbelieves io
obroken fire hydrant onBonyhiUpdnear TuckaneegneRd. There was asmall amount nfwhite colored discharge present in
the same catch basin coming from apipe onCDSproperty. Aninspection nfthe property revealed that there was mstorm
drain inlet on the facility property that had a white substance entering the system (Photograph #1). J.BoUurmet with the CDS
facility manager, Rick Nagy. Mr. Nagy indicated that the facility cleans out their glue machine (photograph #O)and
discharged the waste water tuthe storm drain inquestion. Mr. Nagy stated the company had followed this practice for some
time and did no know that it was against any regulations because the glue is non -hazardous. lBeUo,instructed Mr. Nagy um
cease any and all discharges tothe stormdnainsystem. J.BeUeralso instructed Mr. Nagy Uuclean the area where the storm
drain is located to prevent future discharges, J. Beller informed Mr. Nagy that he would be receiving a NOV for the discharge
and that he would need to respond to the violation with a letter explaining how the glue discharge would be handled and what
measures would be implemented to prevent future discharges.
COMMENTS.---.:
See attached photographs.

DISPOSITION, ETC.
: Y TIME ON SITE: 1:00
RITTEN: V TRAVEL TIME: 0:30
FIED: 09/16/2004 ADMIN TIME:
ICE OF VIOLATION: N MILEAGE: 0
LEGAL ACTION: N SITE VISITS: 0
WELL SAMPLE: N RECALL DATE: / /
OUTFALL SAMPLE: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOSED: / /
EMERGENCY RESPONSE: N
REVIEWED BY:

Photographs Taken on September 15, 2004, CDS fac
let where glue and wa
Y
Contaminated water and staining on pavement
CDS facility draining to storm drain.
Staining on pavement from adhesive discharge. Wastewater discharge hose leaving CDS building
Discharge hose can be seen on far left of photo.
and going to paved outside lot area.
Discharge hose seen here leaving the adhesive Adhesive machinery where glue and water are
containing machinery.
discharged from.

Close up ofp du
system.
esive that is mixed with water before being discharged tea the sto

Diamond Cob Company
922 Hawthorne lanes
Charlotte, NC 28204
WATER QUALITY REGIONAL SUPERVISOR
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE
DIVISION OF WATER QUALITY
MECKLEMBRUG COUNTY NC.
U.Rex. Caleason, RE.
E V ROMETN NOTICE
Dear: D. REX GLE a S N, P.E.
Sep 19,2004
This is with rc ' t etacc to your notices ('copies enclosed) for clean up and removal of
contaminated soil c t°r. tnt cr Mate that the entire area is cleaned up, Alccted sotl
removed and disposed o:eipt crttachett').Proper container has been placed at the
premises for the preservation o, discharged motor oil.
It is° re quested that the necessary inspection may he arranged catyour convenient.
Sincerely yours
at rtI'Jan
(704)33.3- i3(
Cc. Rosty razzellc , 119 714 ?P
EVERETT L N1) ,119RLEAT 11 H(
700 NORM TRY4N STREET
SU T 205
CHARLOTTE, O7 TE, NC 28202
SEP 2 42

William Ci„ Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P, Ihrector
Division of Water Quality
September 7, 2004
'TIFIED MAIL
R 'TURN RECEIPT REOUESTED
Mr. Nazakat Khan, President
Diamond Cab Company
922 Hawthorne Lane
Charlotte, NC 28204
Subject: NOTICE OF VIOLATION
Incident #: 200401779
Tracking #: NOV-20044)C-0008
G.S. 1.43-215.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of Used Motor Oil
Diamond Cab Company
922 Hawthorne Lane, Charlotte
Mecklenburg County, NC
Dear Mr, Khan:
Chapter 143, Article 21 of the North Carolina General Statutes (Ci„S.) authorizes and
directs the Environmental Management Conunission ofthis .Department to protect and preserve
the water resources of the State. The Division of Water Quality has the delegated authority to
entbree adopted pollution control rules and regulations.
Ort August 23, 2004, Mr. Jeff Mice of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation of your property located at 922 Hawthorne Lane in Charlotte.
This investigation was conducted as part ofa cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a result of this investigation, the tbliowing condition
was found on the property in violation of G.S. 143-21.5.83(a):
Discharge of used motor oil to the ground.
Further, the failures to immediately notthis Department of the discharge and to
immediately undertake to collect and remove the discharge are violations tfG.S, '143-215.85 and
143-215.84(a), respectively.
One „
N
)Vaturaiij,
N, C. Division of Water Quality, Mooresville Regional Office. 919 North Main Street, Mooresville NC 2.81 15 (70,4) 663-1699 Custorner Service
1-877423-6748

Mr. Nazakat Khan
Page 2
September 7, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal
discharge activity, to collect, remove and properly dispose of the discharge 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
potential for recurrent illegal discharges.
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(a), 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(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, wilt be advised ofany, 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 taken
to prevent future discharges. The response should also indicate the disposal location for any
removed discharge material and contaminated soil. Pease address your response to me by no
later than September 24, 004, Also, please send a copy of this response to Mr. Rusty Rozzelle
of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or
me at 704/663-1699,
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Rusty Rozzelle, MCWQP
Everett L. and Marlene H. Huneycutt
DRG/jsp
Ede Nem Diamond Cnb,NOV,0804

5(181 1 MECK.LENBURG LANDPILL INC
15300 tIOSPROOKS RD
FIUNTERSV"II,,LE NC 28078
013150 W L Powell. Con;t of Charlotte
1607 Weststone Dr.
Charlotte NC 28208
Q1"Y.
5.66
Manual Gross Wt. 21540 LB
Stored Tare Wt. 10220 LEI
Net Wezaht 11320 LR
TON .SINGLE C&D
Wanda Barkley Ellis
VEHICLL~~_._._. RlJ1..LOE'u='
09/13/04j 09/13/04109:02 09:02 1 WLP3
s 7:(?Ci7lI 6:Oi3&'I Mon -Fri 7:00AM - Noon Sat
Telephone (704}875 3367 Fax [phone]
This is to certify that this load does not conta.
household garbage, liquids _ -or hazardous waste.,
Inbound - Charge ticket

North Carolina
William G. Ross Jr., Secretary
rortment and Natural Resources
Alan W. Klimek,, P. E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Nazakat Khan, President
Diamond Cab Company
922 Hawthorne Lane
Charlotte, NC 28204
Subject:
Dear Mr. Khan:
September 7, 2004
7003 2260 0001 3550 2813
NOTICE OF VIOLATION
Incident #: 200401779
Tracking #: NOV-2004-OC-0008
G.S. 143-215.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of Used Motor Oil
Diamond Cab Company
922 Hawthorne Lane, Charlotte
Mecklenburg County, NC
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 riles and regulations.
On August 23, 2004, Mr. JeffPrice of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation of your property located at 922 Hawthorne Lane in Charlotte.
This investigation was conducted as part ofa cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a result of this investigation, the following condition
was found on the property in violation of G.S. 143-215.83(a):
Discharge of used motor oil to the ground.
Further, the failures to immediately notify this Department of the discharge and to
immediately undertake to collect and remove the discharge are violations of G.S. 143-215.85 and
143-215.84(a), respectively.
ra/I
Awa
N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Stint, Mooresville NC 28115 (704} 663-1699 Customer Service
1-877-623-6748

Mr. Nazakat Khan
Page 2
September 7, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal
discharge activity, to collect, remove and properly dispose of the discharge 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
potential for recurrent illegal discharges.
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(a), 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(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 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 discharges. The response should also indicate the disposal location for any
removed discharge material and contaminated soil. Please address your response to me by no
later than September 24. 2004. Also, please send a copy of this response to Mr. Rusty Rozzelle
of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or
me at 704/663-1699.
Sincerely,
D. Rex Gleason , P.E.
Water Quality Regional Supervisor
cc: Rusty Rozzelle, MCWQP
Everett L. and Marlene H. Huneycutt
DRG/jsp
File Name: Diamond Cab.N©V.0804

Re: Diamond Cab Co. NOV
Subject: Re: Diamond Cab Co. NOV
From: "Jeff S. Price" <PRICEJS co.mecklenburg.nc.us>
Date: Thu, 02 Sep 2004 12:55:12 -0400
To: Richard.Bridge 'non C ncmail.net
CC: "Derrick Harris" <[e-mail]>
Hi Richard,
That could be typo, but definitely an inconsistency. I can't check because
several files have been lost due to computer server issues. The original
anonymous complaint was for 916 Hawthorne Lane. POLARIS indicated that the Parcel
ID had 2 addresses, 922 and 916 Hawthorne. The Cab Company business license and
cards indicate 922 Hawthorne. Both addresses are the same parcel, same owners*
Everett L and Marlene H Huneycutt * 20410 Island Forest Dr. Cornelius, NC 28031
Anyway, the oil problem was observed at Diamond Cab Co., located at 922 Hawthorne
Ln. I believe that the NOV should be issued to Mr. Khan at his business address,
and cc the Huneycutts (property owners). Sorry about the confusion.
Jeff Price
Environmental Hygienist
Mecklenburg County Government
Land Use and Environmental Services Agency
Water Quality Program
[phone]
it
"Richard Bridgeman" <Richard.Bridgeman@ncmail. net > 9/112004 3:31:44 PM
»>
Draft NOV has 922 Hawthorne Lane as the mailing address and impacted
property address. The investigative report has 819 Central Ave., 819
Hawthorne Lane, and 916 Hawthorne. For clarification, what is proper
mailing address for Mr. Khan and address of property with contaminated soil?
1 of 1
9/7/2004 8:43 AM

704-33 4391
ENV PROTECTION
SERVICE REQUEST/WORK ORDER
PAGE 02
PALih NU: 1
_OG NUMBER:
3ECTION:
iNVIRONMENTALIST:
NATURE OF REQUEST:
7ILE DESCRIPTOR 1:
FILE DESCRIPTOR 2:
2004-00869
WQS
Jeff S. Price
Citizen's Request
IC-F(1)-CI
DIAMOND CAS CO
CONTACT:
COMPANY/WORKPLACE:
ADDRESS:
ANONYMOUS
BUSINESS PHONE NO: ( ) -
NOTIFICATION PROMPT: Phone Book
COMPANY:
ADDRESS:
CONTACT:
PHONE NO:
DATE: 08/19/2004 ©12:32
TAKEN BY: Jeff S. Price
REQUESTING PARTY INFO
DIAMOND CAB COMPANY
819 CENTRAL AV
CHARLOTTE NC 28204- -
Mr. Kahn
[phone]
HOME PHONE NO: )
FACILITY INFO
ACTIVITIE
08021104
SERVICE REQUESTED..:
Anonymous caller suggested we Investigate an abandoned service station located at 916 Hawthorne. The caller indicated
that drums stored on site may be leaking. Please investigate.
ACTION TAKEN„„„.:
8/23/2004
JPrice responded to Anonymous request at 819 Hawthorne Lane. The buildings were not abandoned, but rather home to the
Diamond Cab Co. I spoke to Mr. Nazakat Khan, President of the business and investigated the building grounds. Significant
oil staining was observed. Used oil filters, oil pans, engines and parts were scattered throughout the property, Used oll
drums and an AST were onsite but appeared to be In good shape.
I spoke to Mr. Khan about clean up, pointed out the critical areas and told him that I would issuing a State NOV. He agreed to
get to work cleaning the facility ASAP,
State NOV drafted 8/24/2004.
COMMENTS,...„......:
SAMPLES

2
4 00:53 704-336-4391
4OTIFIEP REQ PARTY:
/ERBAL OR WRITTEN:
)ATE NOTIFIED:
JOTICE OF VIOLATION:
_EGAL ACTION:
IVELL SAMPLE:
DUTFALL SAMPLE:
_AKE/STREAM SAMPLE:
rMERGENCY RESPONSE;
REVIEWED BY:
N
//
N
N
N
N
N
N
ENV. PROTECTION PAGE 03
- DISPOSITION, ETC.
TIME ON SITE:
TRAVEL TIME:
ADMIN TIME:
MILEAGE:
SITE VISITS:
RECALL DATE:
STATUS:
DATE CLOSED:
/1
1:00
0:30
0
0
/1
OPEN
//

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
February 4, 2005
Mr. Ben Campo, Owner
Campos Salvage
9716 Albemarle Road
Charlotte, NC 28227-3445
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: Rescission of Notice of Recommendation
For Enforcement
Incident #: 200401262
Tracking #: NOV-2004-OC-0004
Campos Salvage
9716 Albemarle Road, Charlotte
Mecklenburg County, NC
Dear Mr. Campo:
A Notice of Violation and Recommendation for Enforcement dated June 28, 2004 was
issued for an unpermitted discharge of gasoline to the ground at the subject site. Through that
Notice Campos Salvage was notified that this Office was considering sending a recommendation
for enforcement action to the Director of the Division of Water Quality.
Based on a recent discussion with Christopher Elmore of the Mecklenburg County Water
Quality Program staff, this Office has decided not to forward an enforcement package to Raleigh
for the Director's decision relative to a civil penalty assessment. A request for enforcement from
our Raleigh Office could change the situation; however, we do not anticipate such a request at
this time. Please be advised that, in the event of further documentation ofunpermitted discharge
activities at the subject site, this Office will forward a recommendation for enforcement to the
Director.
Should you have any questions on this matter, please do not hesitate to contact Mr.
Richard Bridgman or me at 704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Cc: Rusty Rozzelle, MCWQP
RMB
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] / Fax: [phone] / Internet: h2o,enr,state.nc,us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
One
NorthCarohna
Naturally

EPT. F ()WENT
as
D NATURAL RESOURCES
SV LLE REGIONAL OFFICE

NoithCarnIina
e/Vailltaii Division ofWax Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748
Mi
William G. Ross Jr., Secretary
North Carolina Department of Environrnent and Natural Rmources
Alan W. Klimek, P. E. Director
Di 'vision of Water Quality
Colccn Sullins, Deputy Director
Division of Watts Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mitchell Locklear, Manager
Campos Salvage
9716 Albemarle Road
Charlotte, NC 28227-3445
Subject:
Dear Mr. Locklear:
June 28, 2004
7003 2260 0001 3550 1953
NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Incident #: 200401262
Tracking #: NOV-2004-OC-0004
G.S. 143-215.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of Gasoline
Campos Salvage
9716 Albemarle Road, Charlotte
Mecklenburg County, NC
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. -
On June 1, 2004, Christopher Elmore of the MecIdenburg County Water Quality Program (MCWQP)
conducted an investigation of your property located at 9716 Albemarle Road in Charlotte, North Carolina. This
investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the
Division of Water Quality. As a result of this investigation, the following condition was found on the
property in violation of G.S. 143-215.83(a):
Discharge of gasoline to the soil.
Further, the failures to immediately notify this Department of the discharge and to immediately
undertake to collect and remove the discharge are violations of G.S. 143-215.85 and 143-215.84(a),
respectively.
To comply with the law, it will be necessary to immediately discontinue all illegal discharge activity,
to collect, remove and properly dispose of the discharge material, including any contaminated soil, and to
restore all affected areas as nearly as may be to the conditions existing prior to the discharge. Soil samples
will need to be collected from the base of the excavation to confirm the removal of contaminated soil. It is
recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges.
NCDENR

Mr. Mitchell Locklear
Page 2
June 28, 2004
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(a), 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(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 unpennitted 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
discharges. The response should also indicate the disposal location for any removed discharge material,
contaminated soils, or waters and include a copy of the analytical documentation for the site remediation.
Please address your response to me by no later than July 13, 2004. Also, please send a copy of this
response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202.
The purpose of this letter is also to notify you that this Office is considering sending a Recommendation
for Enforcement to the Director of the Division for the subject violation. If you have an explanation for the
violation that you wish to present, please include it 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.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at
704/663-1699.
Sincerely,
D. Rex Gleason , P.E.
Water Quality Regional Supervisor
cc: Mr. Rusty Rozzelle, MCWQP
DRG/cfe
FILE Wenvlepic\wq‘nov‘2004-00495A-carnpos.doc

004 .
SERVICE REQUESTMORK ORDER
,
LbG NUMBER:
SECTION:
ENVIRONMENTALIST:
NATURE OFREQUEST:
FILE DESCRIPTOR i:
FILE DESCRIPTOR 3:
2UU4-004Q5
VVOY
Chris F.Elmore
Citizen's Request
|[-F(1)-C\
CAMPO AUTO PARTS
CONTACT:
COMPANY/WORKPLACE:
BUSINESS PHONE NO:
NOTIFICATION PROMPT:
DATE: 05/27/2004 @10/m8
TAKEN BY: Richard L. Farmer
REQUESTING PARTY INFO
9716 AL8EMARLERD
CHARLOTTE NC28212' '
(704)545'5131
CAMPOS AUTO SALVAGE
9718ALBEMARLERD
CHARLOTTE NC28227'3445'
Mitchell ''BiU^ Lock|ear
HOME PHONE NO: ( ) '
FACILITY INFO
ACTIVITIES
10&381O3
SERVICE REQUESTED.,:
Mrs. Herbert reports that there is a gasoline smell corniong from Campo Auto Parts atD710Albemarle Rd. The facility has
been previously inspected by R. Eubanks. Follow up with him for site details and State NOV that was issued.
ACTION TAKEN ....... :
5/27/04: Spoke with Ron Eubanks about previous incidents at Campo Auto Parts, which is located at871GAlbemarle Road
(see EP|C#u20O2-01339.20O2-0089O.). Also contacted the requesting party and left amessage for them tocontact me so
that could discuss the actions taken with them.
6/1/04: Went out with Ron Eubanks and Trent Lucas Voinspect Compu'sAuto Parts for Water Quality violations. We met the
manager, Mr. Bill Looklear,and heaccompanied usaround the property. |nthe course ofinspection wediscovered that cars
were being crushed inpreparation for removal from the yard, The gasoline tanks were being removed and allowed todrain
onto the ground. At the time of inspection, I estimate that an overall surface of approximately 30 feet of soil was affected by
the discharge (p|nsee attached photoe). |donot know the volume nf the discharge. Mr. LooWoarwas informed that this
discharge was illegal. Mr. Locklear was instructed to cease the discharge immediately, to cover the area in plastic to prevent
the spread of the gasoline due to rain (rain is expected within the next few days), to find a proper method for draining and
containing the gasoline from any other tanks being removed, to properly dispose of that gasoline once it has been dmined,
and to begin the process of determining the extent of the contamination and the process of removing the contaminated soil. I
instructed Mr. Locklear to contact an environmental clean-up company to perform the actual disposal of the soil. |indioated
that Mr. Locklear could use his own business resources to remove the soil and transport it to a facility for disposal. |indinated
that he would be required to present me with documentation of proper disposal for the soil. | inquired asbuthe current
disposal services being used bythe business. Mr. Locklear indicated that he was disposing of his waste fluids at the Pence
Road Mecklenburg County Recycling Center. | indicated that this was not aproper method ofdisposal uathe recycling
centers dnnot accept wastes from businesses. Also, the recycling centers donot generate documentation for the wastes
disposed at their facilities.
6/2/04: 1 discussed the finding of our investigation with Richard Farmer and Rusty Rozzelle of the Mecklenburg County Water
Quality Program (MCVVOP). It was decided that a State of North Carolina Notice of Violation With Recommendation for
Enforcement (NOV/NRE)would besent for this discharge, The discharge violates N.C.G3.143'215J5prohibiting the
discharge ufoil and hazardous substances. | also contacted the requesting party tomake her aware ofour findings and
actions inthis matter. She indicated that she was most concerned about her well water and the vapors of the gasoline

PAGE NO: 2
©04 SERVICE REQUEST/WORK ORDER
reaching her property from Campo's Auto Parts. I gave her the number for Lisa Corbitt of the Mecklenburg County Ground
Water Program and indicated that she should call her if she had further concerns about her well water.
6/3/04: I contacted Detective Dickie Hayes(704-336-6948) of the Charlotte -Mecklenburg Police Department (CMPD) to
coodinated with CMPD on working with the Campo's site. I noted indications in Ron Eubanks's notes that a number of
warrants, criminal investigations, and emergency calls were associated with the site. I obtained the assistance of Detective
Hayes as I felt that the site might represent a threat to the personal safety of Mecklenburg County Water Quality Program
staff. I discussed this with Detective Hayes and he agreed with this assessment. He agreed to accompany me on future
follow-up inspections of the facility.
Detective Hayes and I visited the site around 3:15 in the afternoon. We met with Mr. Locklear and requested to see the site of
the gasoline discharge and to see the rest of the grounds to determine if there were other Water Quality violations on -going.
Mr. Locklear agreed with this and accompanied us during most of our visit.
Mr. Locklear had complied with my directive to cover the stained area in plastic and was utilizing a draining stand to drain
further gasoline tanks (pls. see photos). I gave Mr. Locklear a copy of the brochure "A Storm Water Management Guide for
Automotive Service Operations". I indicated that he would still have to contact a company to determine the extent of the
contaminated soil, to remove the contaminated soil, and to dispose of both the contaminated soil and the gasoline in a proper
fashion with proper documentation. I directed Mr. Locklear to contact me when this process is underway.
6/4/04: Drafted NOV/NRE and submitted it to Richard Farmer of MCWQP for review and revision.
6/5/04: Submitted NOV/NRE draft to Derrick Harris of MCWQP for review and revision.
6/8/04: Received NOV/NRE back and begin making corrections.
6/10/04: NOV/NRE corrected, sent to Rusty Rozzelle of MCWQP for final approval.
6/15/04: NOV/NRE reviewed by Rusty Rozzelle and corrected by C. Elmore.
NOV/NRE Final Draft along with EPIC report and photos submitted to D. Harris.
COMMENTS-:
SAMPLES
DISPOSITION, ETC.
NOTIFIED REQ PARTY: Y TIME ON SITE: 1:00
VERBAL OR WRITTEN: V TRAVEL TIME: 2:00
DATE NOTIFIED: 05/27/2004 ADMIN TIME: 2:00
NOTICE OF VIOLATION: Y MILEAGE: 0
LEGAL ACTION: N SITE VISITS: 0
WELL SAMPLE: N RECALL DATE: / /
OUTFALL SAMPLE: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOSED: / /
EMERGENCY RESPONSE: N
REVIEWED BY:
//

COMMERCIAL REAL ESTATE SERVICES,
September 22, 2004
Mr. D. Rex Gleason, P.E.
Water Quality Regional Supervisor
NCDENR
919 North Main St.
Mooresville, NC 28115
RE: 1.138 N. Tryon St.
Dear Mr. Harris,
IDE
1701 East Third Street
Charlotte; NC 28204
Post Office Box 35309
harlotte, NC 28235-5309
Pursuant to your letter dated August 30, 2004, please be advised that the clean up of the
incidental spill of heating oil has been completed. Attached is the paper work 1 received
from the contractor who performed the work.
After reviewing, if you have any questions, please give me a call.
Sincerely,
NAI SOUTHERN F EA.L ESTATE
W. Steven Banner, CPM® CCIM
Vice President, Property Management
cc: Rusty Rozzelle of MCWQP
Louis L. Rose, Jr.
In over 300 Markets 'C orldwide:: NAI A ica NAI Asia Pacific NAI Canada NAI Europe NAI Latin America
SRE:0005a773.DOC v l
INDIVIDUAL MEMBER OF
14 HART

09/20/2004 MON 9:34 FAX 7Q45989224 HEPACO D
Z001/005
To:
FAX TRANSMISSION
HEPACO, INC.
2711 Burch Drive
Charlotte, North Carolina 28269
Telephone: [phone]
Facsimile: 704 598-9224
Steve Banner
Southern Real Estate
Date: September 20, 2004
Fax #: [phone] Pages: 1 (including this cover sheet)
From: Paul Oxendine
Subject: Report of clean up at 1138 N Tryon Street
Charlotte, North Carolina
Mr. Danner,
On September 16, 2004 HEPACO Inc mobilized equipment and personnel to 1138 N. Tryon
Street and excavated 3.84 tons of oil contaminated soiL Soil was taken to Haz Mat in Charlotte,
NC for disposal. Soil had gravel and asphalt debris with it Asphalt surface areas were there
was oil stains was scraped with back hoe bucket to remove stains also. One sample was taken
from the excavated area and results will be back on September 30, 2004. Those results will be
forwarded to you as soon as we receive them from the lab.
Paul Oxendine
HEPACO, Incorporated

Bob and Brenda Love 803 831 9344
Cost per Sq Ft
7/20
OVB'S P
Tenant Name
Norgetown Cleaners
Express Personnel
Aerus/Electrolux
Merle Norman
lArtistic Dezign
'Allison Love's, LLC
Treehouse
Julie's, Inc. _ N
Southern Charm
0,11 !Cobblers Bench
12 Weight Watchers.
13 Edward Jones
14,1 Eye Contact Exp (Dr. Foust)
16 Lee Shoe Repair
17 iTigerLillies Discount Lin
1B Plug & Play
19 Carlos Cafe
20,21 Beauty Systems Group, It1(Sal1y
22,23,24 Tres Amigos
25A Vacant (Advance Auto)
25B Vacant (Advance Auto)
25C iSub-America (Penn Station)
26 Cutting Edge Pizza (Little Caesars
27 Vacant (Mt. Gallant)
28 Grand Slam
2
1 Sq Ft
2,7761 3585.6715071 1349.85_
1,517! 1439.611.
2,063 1915.061
3,500
Cid-Nic's Antiques & Collectibles
per,So Ft
15.50
10.75
11,39
11.14
1421.69 4.87
5,084 3717.02 8.77
t 3,0391, 2347.63 9.27
1,3681 737.59 6.47
2,050 2029.93 11.88
1,137, 1159.61; 12.24
1283.33 ` 14.00
03.67
1,100
2,2©0
1202.00
329.17
29.17
1,100
1,100
1,100
1,100
3,218
2,905
22753�
3,1801
2,1671 2167.00
Base
0
1,162
91.67
708.22
2905.0©
1566.00
1,680
1,625
50,431
980.00
1218.75
38787.64
Page 1
12.02
13.11
14.50
14.50
13.00
6.37
2.©0
2.00
N/A
7.00 71
9.00 7/`►.J,
p. 1

09/29/2004 ON 9:34 FAX 4
NON -HAZARDOUS
WASTE MANIFEST
pr s i3ame and Mailing Address
E
0 INC
aerator US EPA flD No.
Transporter 1 Company Name _ 6. US EPA ID Number
Tt�arlsptsrtllr 2 Ctn`rpany Nsme
d Facility Name and Site Address
hipping Name and Description
Anal Descriptions for Mtlleri is Listed Abov
Special dling Instructions and Addftlonal in
GENERATtJt1'S CERT1FtCATION.
PrintetllTyped Name v!
7, Transporter t Acknowiettgemant or Receipt
f'rirlt drrypod Name '
Transporter 2 Acknowtodg6rtt6n€ of Receipt of Rae#aria
Printed/Typed Name
cy Indication Space
US EPA tD Numb
Page 1
of
A. Trans Dorter's Phone
Transporter s P
. Facility's Phone
Handlin4 C des for Wastes Li€ed Above
tura47y
Facility Owner or Operator. Certification of receipt of wasto materials covered by this manifest except aS noted in
d Name
ORIGINAL — RETURN TO GENERATOR

AEI 0)\7d3ll 6
c
: s Oh tON/N/60

09/20/2004 MON 9:36 FAX [phone] HEPACO INC Z004/005
1‘.
abnio •
UO1031100
31VUS IVO

CAT SCALE
COLLECTOR
CARD
"k " INSI©E!
Oh tONi0Zi60

09/21/2004 14:34 7043941405
METROL INA
PAGE 01/01
TkETROLINA
LANDSCAPE COMPANY
Amennommonamen
PROPOSAL SUBMITTED TO:
DAlb:
PROJECT NAME:
Southern Real Estate
Attn: Steve Banner
PO Box 35309
Charlotte, NC 28235
9/21/04
Southern Roal Estate Office
Spray out Bermuda spots in Sad
ACCEPTED BY:
Jimrny Dishrnan
DATE 9/21/04
SUBMITTED BY:
NIETROLINA LANDSCAPE 'OMPANY
DATE
$1850.00
P.O. BOX 669003 0 CHARLOTTE, NC 28266 [phone] 0 FAX [phone]

North Caroline. Della
Alan W. ►;,linx , 1'. E. Director
Divisk'n of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Louis Rose Jr., CEO
Southern Real Estate
1701 East Third Street
Charlotte, NC 28204
Subject:
Dear Mr. Rose:
August 30, 2004
7003 2260 0001 3550 2691
NOTICE OF VIOLATION
Incident #: 200401683
Tracking #: NOV-2004-OC-0007
G.S. 143-215.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of #2 Fuel Oil
1138 North Tryon. Street, Charlotte
Mecklenburg County, NC
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.
On August 10, 2004, Mr. Derrick A. Harris of the Mecklenburg County Water Quality
Program (MCWQP) conducted an investigation of your property located at 1138 N. Tryon Street.
This investigation was conducted as part ofa cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a result of this investigation, the following condition
was found on the property in violation of G.S. 143-215.83(a):
Discharge of #2 fuel oil to the ground.
Further, the failures to immediately notify this Department of the discharge and to
immediately undertake to collect and remove the discharge are violations of G.S. 143-215.85 and
143-215.84(a), respectively.
ere rolina
,1va!!y ATA
NMENR
N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Mr. Louis Rose
Page Two
August 30, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal
discharge activity, to collect, remove and properly dispose of the discharge 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
potential for recurrent illegal discharges.
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(a), 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(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 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 discharges. The response should also indicate the disposal location for any
removed discharge material, contaminated soils, or waters. Please address your response to me la
no later than September 17, 2004. Also, please send a copy of this response to Mr. Rusty
Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or
me at 704/663-1699.
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Mr. Rusty Rozzelle, MCWQP
DRG/dah

004
SERVICE REQUESTIWORK ORDER
LOG NUMBER: 2004-00788
SECTION. VVOS
ENVIRONMENTALIST: Derrick A.Harris
NATURE OF REQUEST: Citizen's Request
FILE DESCRIPTOR 1: |{;F(1)'C|
FILE DESCRIPTOR 2: BASIN
CONTACT:
CuMPAmr/xvOmmPmACE:
DATE: 08/09/2004 @13:47
TAKEN BY: P. Ron Eubanks
REQUESTING PARTY INFO
OFFICER GUNTER(CK4PD)
BUSINESS PHONE NO: (704)581'7574 HOME PHONE NO:
< } '
NOTIFICATION PROMPT: Government
COMPANY
ADDRESS:
CONTACT:
PHONE NO:
FACILITY INFO
BASIN 2'UPPER LITTLE SUGAR CRK
1138NTRYDNEJ
CHARLOTTE NC 28202- -
()-
ACTIVITIES
BASIN
SERVICE REQUESTED...
Officer Gunter(Charlotte-Mecklenburg Po|ice Department) contacted MCWUPconcerning afacility located at 1138 N. Tryon
Street. Off icer Gunter indicated that CMPD has been working with the property owner to remove some abandoned gas tanks
o<the site. The facility iolocated adjacent 8othe mon'sshelter onN.Tryon Street. Please contact Officer Gunter at(7O4)
581'7574for additional information, ifneeded. Also, please update Officer Gunter when the gas tanks have been removed,
aohecan include inhis report.
ACTION TAKEN ....... :
8-10-04: 1 visited the site and there was trash, debris, tires, etc. on the grounds of the vacant lot. There were also two fuel
tanks nnsite. The tanks didn't have caps onthem and they were empty. | spoke with CK8PDofficer CXGunter, requesting
party, who indicated that the tanks had been moved from another area of the lot. We visited the area where the tanks were
previoulsy and observed approximately 5-10 gallons of oil spilled on the ground. There was gentleman on site who indicated
that hehad been contracted toremove all the trash, debris, tires, etc. from the lot. | informed him that hnshould contact solid
waste toget proper disposal information for the fuel tanks.
Robert Bowers and Maranda Whitener were listed as who to contact concerning the lot. | spoke with Mr. Bowers and he
informed mothat howas the lawyer for the property owner. | explained the situation 0mhim and heinformed methat howould
have someone get incontact with mofirst thing inthe morning nothe the situation could hotaken care of.
8-11-04: 1 contacted Mr. Bowers and he indicated that the tanks were dumped on the property by someone other than the
owner so he didn't feel as though his client was responsible for the discharge of oil to the ground. I explained to him that the
person who owns orcontrols the property inresponsible inthis case and that ifheknew who caused the discharge then the
property owner could pursue them Uorecoup the cost for clean up. Mr. Bowers said that hewould bmfaxing mouletter
explaining their clients position. | informed Mr. Bowers that because nf the threat ofprecipitation that clean upmeasures
should boexpedited tominimize the impact ofthe discharge.
9-12-04: 1 received a message from Ms. Maranda Whitener restating their clients position and informing me thatshe would be
faxing me a letter. I asked her if she could provide me with a contact number for Southern Real Estate,
9-13-04: 1 called Southern Real Estate and was provided with the name of the highest ranking local official.

004
SERVICE REQUEST/WORK ORDER
PAGE NO:
9-16-04:1 received a fax in my mail box from Maranda Whitener. I spoke with J. McCulloch about the situation and we
decided to send a State NOV to Southern Real Estate.
I drafted the State NOV and forwarded it J. McCulloch for his review.
COMMENTS.........
SAMPLES
DISPOSITION, ETC.
NOTIFIED REQ PARTY: TIME ON SITE:
VERBAL OR WRITTEN: TRAVEL TIME:
DATE NOTIFIED: / / ADMIN TIME:
NOTICE OF VIOLATION: N MILEAGE: 0
LEGAL ACTION: N SITE VISITS: 0
WELL SAMPLE: N RECALL DATE: / /
OUTFALL SAMPLE: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOS i2:- . / /
EMERGENCY RESPONSE: N
REVIEWED BY:
//

After three weeks in the Garden of Eden, God came to visit Eve.
"So, how is everything going?" inquired God.
"It is all so beautiful, God," she replied, "the sunrises and sunsets are
breathtaking, the smells, the sights, everything is wonderful, but I have
just one problem. It is these breasts you have given me.
The middle one pushes the other two out and I am constantly knocking them with my
arms, catching them on branches and snagging them on bushes. They are a real pain,"
reported Eve.
And Eve went on to tell God that since many other parts of her body came
in pairs, such as her limbs, eyes, ears, etc., she felt that having only
two breasts might leave her body more "symmetrically balanced," as she put it.
That is a fair point," replied God, "but it was my first shot at this, you
know. I gave the animals six breasts, so I figured that you needed only
half of those, but I see that you are right. I will fix it up rightaway."
And God reached down, removed the middle breast and tossed it into the
bushes.
Three weeks passed and God once again visited Eve in the Garden of Eden.
Well, Eve, how is my favorite creation?"
"Just fantastic," she replied, "but for one oversight on your part. You see, all the animals
are paired off. The ewe has a ram and the cow has her bull; all the animals have a mate
except me. I feel so alone."
God thought for a moment and said, "You know, Eve, you are right.
How could I have overlooked this? You do need a mate and I will immediately create a
man from a part of you. Now let's see....where did I put that useless boob?"

Team Charlotte Motorsports
3004 Freedom Drive
Charlotte, NC 28208
September 16, 2004
Mr. D. Rex Gleason, P.E
NC Division of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville NC 28115
Re: Team Charlotte Motorsports
Notice of Violation
Incident #: 200401688
Tracking #: NOV-2004-DV-0036
Dear Mr. Gleason:
In response to your letter dated August 30, 2004, we have taken the following actions:
1. We worked with Mr. Jeff Price, with the Mecklenburg County, to determine what
needed to be done to correct the situation.
2. We received Plumbing Permit # P1406043, copy attached, to perform the
necessary work to correct the situation.
3. Work has been completed, Mr. Price has inspected it, and we are waiting for the
final inspection from the Code Enforcement Division of Mecklenburg County.
Our understanding is that we do not need to take any further action on this matter.
If there are any questions, please call Steve Negra at 704-394-6666.
Yours truly,
Team Charlotte Motorsports
(v..'.
d
Kathryn H. Johnson

Enclosure:
Cc: Mr. Rusty Rozzelle
MCWQP
700 North Tryon Street, Suite 205
Charlotte, NC 28202
Cc: Mr. Jeff Price
Environmental Hygienist
Water Quality Program
Land Use & Environmental Services Agency
700 North Tryon Street
Charlotte, NC 28202
Cc: Mr. Steve Negra — General Manager - Team Charlotte Motorsports

Pr.
P.O. Box 31097........
700 N Tryon St
Charlotte, NC 28231-1097
[phone]
Property 1
Address: 3004 FREEDOM DR
Subdivision:
Pro)
Plumbing Perm!
Project Number: 97205
Project Name: SEWER REPAIR
Property Use: N/A
USDC: 437 - ALL OTHER BLDGSJSTRUCTURES
Contact Details
Owner
Phone:
Permit: P1406043
Issue Date: September 15, 2004
Parcel: 06502303 Lot:
Tax Jurisdiction: CHARLOTTE
Block:
Building Type: Existing
Equipment Type:N/A
Contract Cost: $2,500
ADDITION TO GARAGE/CPT)
TEAM CLT
[phone]
Address: SAME
CLT, NC 28208
Fees
Permit Fee:
Double Fee:
Charge To Account: Yes
celtaneous
hi
ater/ efi: No
.war/Septic: No
$38.00
$0.00
Fax Fee:
Fee Adjustment:
Public Meter/Connection
I v dual Master
No No
No No
Other
Entry Date: 09/15100q, 11:58 am
issue Date: 09/15/2004 12:00 am
Ready for Inspection: No
Fire Damage Fee:
Total Fee:
Contractor
Contractor ID:
Phone:
License # :
Address:
AMMONS TIMOTHY SCO t I
X36446 Home Owner: No
[phone]
0000000007
PO BOX 17136
CHARLOTTE, NC 28227
$0.00
$0.00
Private Service
lndividuai mmuni
No No
No No
Entered By: Henderson, Linda
Issued By: Henderson, Linda
This permit wpl expire If work either has not started within 6 months or is discondnued fora pew Cal 12 months.
No credit or refund will be given unless applied for within 120 days after a permit has expired.
$0.00
$38.00
Pape 1 of 2

William G. Rats Jr_ Secretary
North Carolina Department of Environment and Natural ResNturccs
Alan W. Klimek, N. L, Director
Division of Water Quality
CERTIFIED MA17,
RF,TITEN RECEIPT REQITESTED
Mr. Steve Negra, Store Manager
Team Charlotte Motorsports
3004 Freedom Drive
Charlotte, NC 28208
Subject:
Dear Mr. Negra:
August 30, 2004
7003 2260 0001 3550 2707
NOTICE OF VIOLA I ION
Incident #: 200401688
Tracking #: NOV-2004-DV-0036
Violation of G.S. 143-215.1(a)
Discharge of Sewage
Team Charlotte Motorsports
3004 Freedom Drive, Charlotte
Mecklenburg County, NC
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.
On August 16, 2004, Mr. Jeff Price of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation of your property located at 3004 Freedom Drive in Charlotte,
NC 28208. This investigation was conducted as part of a cooperative working agreement between
Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following
condition was found on the property in violation of G.S. 143-215.1(a):
Discharge of sewage to a tributary of Stewart Creek, a Class C Water in the Catawba
River Basin.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), 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 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. Von will he advised of
any enforcement rerommendation.
NedfthCamlina
Naturally
N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Mr. Steve Negra
Page 2
August 30, 2004
Tocomplywiththelaw,itwillbe
activity. It is also recommended that you imp
recurrent illegal discharges.
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 me
Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon
Street, Suite 20, Charlotte, NC, 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at
704/663-1699.
D. Rex Gleason, P.E.
Water Quality Regional Superviso
cc: Rusty Rozzelle, MCWQP
DRG/jsp
File Name: Team Charlotte Mra.NOV.01104

SERVICE REQUESTMORK ORDER
LOG NUMBER: 2004-00838
SECTION: VVOS
ENVIRONMENTALIST: Jeff S.Price
NATURE QFREQUEST: Administrative RoqueuufWorkOrder
FILE DESCRIPTOR 1: |C'|(6)-Q
FILE DESCRIPTOR 2: BASIN 17
CONTACT:
CmMPAmnuv*RmrL/u°E:
BUSINESS PHONE NO:
NOTIFICATION PROMPT: Government
DATE: 08/16/2004 @111J1
TAKEN BY: Jeff S.Price
REQUESTING PARTY INFO
HOME PHONE N[]:( ) '
FACILITY INFO
COMPANY: TEAM CHARLOTTE MUT0R8PORTS
ADDRESS: 3004 FREEDOM DR
CHARLOTTE NC202QO'
CONTACT: ShmveNeg,n
PHONE NO: [phone]
ACTIVITIES
06502303
SERVICE REQUESTED..:
Leaking sewer lateral observed nnTMDLstream walk, Located ptend odBonaire Rd. Please investigate and resolve.
ACTION TAKEN .......
�
&dO/200
JPrice and TLucas followed up on a suspected leaking sewer lateral observed during a TMDL stream walk. Gray sewer
matter was observed inthe creek atthe end ofBonaire Dr. According Vomaps, the lateral extends towards business
properties along Freedom Dr,approx. behind two motorcycle dealer shops.
Dyed lines at Team Charlotte Motomports.Positive identification oflateral connection to 3004 Freedom Dr. Green dye
evident in creek,
Contacted Steve NoQnn,Store Manager. Mr. meq,ewas very responsive and contacted aplumber Voinvestigate.
017/2O04
Mr. Negra'scontracted plumber contacted me. Hediscovered that several businesses along Freedom Dr. ^uhared^a
common |atami With the assistance nfChadotte Mecklenburg Utilities (CMU). JPhon and TLunmo proceeded to investigate
other businesses inthe immediate area, VVedyed lines along Freedom Drand watched for results inmanholes and the
creek.
018/2O04
More dyed lines. Discovered that The Thrift Store and Honda Dealership (not dyed) were connected.
8/1Q/2004
More dyed lines, Discovered that QoaumUavdsRestaurant and yNiclan(not dyed) were connected, Miclaswas the end cfthe
line for business connections 0othe private lateral. Anabandoned Burger King iothought tobeconnected, due tolocation
between connected business and excess grease in the manhole, but we were unable to gain entry or locate and external
o|uanouttodye for verification.
CMUoffered to "knock down" the lateral (remove blockage contributing toleak) moacourtesy mMecklenburg County,
although they were not responsible. This eliminated the immediate source ofthe problem and temporarily stopped sewage
flow \othe creek, but the lateral would still have tnberepaired (permanent fix).

PAGE NO: 2
SERVICE REQUESTWORK ORDER
k2O/20N
JPhooconsulted with JK4oCu|lochand RRuzzoUo(K4CVVQP). Rusty determined that the Team Charlotte K4Gproperty (3004
Freedom) was the hghtf u|owner ofthe lateral and the associated leak. |twould botheir responsibility tomake repairs, and
their right t9jpursue compensation from the other business through acivil process. Healso instructed mekzissue mState
NOV to TefCharlotte MS.
State NOV Drafted 8/20/20U4,
| contacted Charlotte Plumbing COdoEnforcement torequest aclarification ofcurrent ^ondo"for laterals crossing acreek.
This info will be passed along to Mr. Negra, along with the information obtained from the dyed lines along Freedom.
DISPOSITION, ETC.
NOTIFIED REQPARTY: TIME ONSITE:
VERBAL OR WRITTEN: TRAVEL TIME:
OAJG NOTIFIED: / / ADK0|NTlK8E:
NOTICE OFVIOLATION: N MILEAGE: U
LEGAL ACTION: N SITE VISITS: O
WELL SAMPLE: N RECALL DATE:
0UTFALLSAMpLG: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOSED:
EMERGENCY RESPONSE: N
REVIEWED BY:
//

FALLING WATER
custom pools, incorporated
custom pools, incorporated
Mr. D. Rex Gleason
NC Division of Water Quality
919 North Main Street
Mooresville, NC 28115
August 16, 2004
RE: Notice of Violation —Incident #: 200401167 —Tracking #: NOV-20
Dear Mr. Gleason:
This letter is in response to the Notice of Violation, which occurred on May 14, 2004, It is our
understanding that white Mr. Burkhard was investigating a project in which we were working on; he
observed an employee discharge plaster waste at a catch basin, which leads to Lake Norman.
Please be advised that once we were notified the following actions were immediately taken:
1. Please understand that the employee which Mr. Burkhard observed in violation was in fact
a hired sub -contractor, and not an actual Falling Water Custom Pools employee.
2. Immediately the employee of Pool Surfaces, stopped disposal of the plaster. They were
able to contain the plaster and prevent it from getting into any drains or water supplies,
We began removing what had already been disposed of, and were able to properly
dispose of the plaster materials in their own containers.
4. Our office conducted a refresher course in OSHA -Basic Safety to teach our employees
the importance of respecting and understanding that sometimes even the basic materials
can in tum become hazardous to the environment if not disposed of properly.
5. We have notified this subcontractor of the seriousness of this problem. They assured us
that it will not happen again.
I believe that all necessary steps were taken to comply within standards. If not, please contact me
immediately.
Sincerely,
41—
Brya O'Neal
President
Falling Water Custom Pools, Inc.
BO/tv
cc: Rusty Rozzelle, MCWQP
Michael Burkhard, MCWQP
5650 Highway 49 South • Suite 202 • Harrisburg, NC 28075
Office: [phone] • Fax: [phone]

FALLING WATER
custom pools, incorpot
Mr. D. Rex Gleason
NC Division of Water Quality
919 North Main Street
Mooresville, NC 28115
August 16, 2004
RE: Notice of Violation --Incident #: 200401167 ---Tracking #: NOV-2004-DV-O021
Dear Mr. Gleason:
This letter is in response to the Notice of Violation, which occurred on May 14, 2004. It is our
understanding that while Mr. Burkhard was investigating a project in which we were working on; he
observed an employee discharge plaster waste at a catch basin, which leads to Lake Norman.
Please be advised that once we were notified the following actions were immediately taken:
1. Please understand that the employee which Mr. Burkhard observed in violation was in fact
a hired sub -contractor, and not an actual Falling Water Custom Pools employee.
2. Immediately the employee of Pool Surfaces, stopped disposal of the plaster. They were
able to contain the plaster and prevent it from getting into any drains or water supplies.
3. We began removing what had already been disposed of, and were able to properly
dispose of the plaster materials in their own containers.
4. Our office conducted a refresher course in OSHA -Basic Safety to teach our employees
the importance of respecting and understanding that sometimes even the basic materials
can in tum become hazardous to the environment if not disposed of properly.
We have notified this subcontractor of the seriousness of this problem. They assured us
that it will not happen again.
believe that all necessary steps were taken to comply within standards. If not, please contact me
immediately.
Sincerely,
President
Falling Water Custom Pools, Inc,
BOtty
cc: Rusty_Rozzelle, MCWQP
Michae Burkhard, MCWQP
5650 Highway 49 South • Suite 202 • Harrisburg, NC 28075
Office: [phone] • Fax: [phone]

F.
William G. Ross Jr., Secretary
North Carolirw Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleco H. Sullins, Dcputy Director
Division of Water Quality
CERAIL
RETURN RECEIPT REOUESTED
Mr. Bryan O'Neal, Owner
Falling Water Custom Pools
5650 Hwy. 49, Suite 202
Harrisburg NC, 28075
Subject:
Dear Mr. O'Neal:
June 14, 2004
CM # 7003 1680 0004 0875 9664
NOTICE OF VIOLATION
Incident #: 200401167
Tracking #: NOV-2004-DV-0021
Violation of G.S. 143-215.1(a)
Illegal Discharge of Plaster Waste
17305 Conner Quay Ct., Cornelius
Mecklenburg County, NC
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.
On May 14, 2004, Michael Burkhard of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation at the Andaas residence at 17305 Conner Quay Ct. in.
Cornelius, NC. This investigation was conducted as part of a cooperative working agreement between
Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following
condition was found on the property in violation of G.S. 143-215.1(a):
Discharge of plaster waste by an employee of Falling Water Custom Pools to a catch
basin, which leads to Lake Norman, a Class WS-IV water in the Catawba River Basin.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), 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 G.S. 143-215.1. Penalties may also be assessed for any darnage to the
surface waters of the State that may result from the unpeimitted discharge. You will be advised of
any enforcement recommendation.
,ter►
One Carolina DE
N
Aaturally Division of Waxer Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-6:3-6748

Mr. Brian O'Neal
Falling Water Custom Pools
Page 2
June 14, 2004
To comply with the law, it will be necessary to
activity. It is also recommended that you implement correc
recurrent illegal discharges.
ntinue all illegal discharge
o eliminate the potential for
It is requested that you rtspond, in writing, to this Notice, indicating the actions you have taken
to correct the violation and prevent future violations. Please address your response to me by no later
than June 2& 2004. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at
700 North Tryon Street, Suite 205, Charlotte, NC, 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at
704/663-1699.
cc: Rusty Rozzelle, MCWQP
DRG/mwb
H:1envlepic\wglnov�ih lling water c
pools
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Superviso

SERVICE REQUESTNVORK ORDER
G NUMBER: 2004-00433
;ECTION: WQC
NVIRONMENTALIST: Michael Burkhard
IATURE OF REQUEST: Administrative Request/Work Order
'ILE DESCRIPTOR 1: ID-6-CR-
'ILE DESCRIPTOR 2:
:ONTACT:
:OM PANY/WORKPLACE:
1DDRESS:
I'RUt NU:
DATE: 05/14/2004 @ 15:24
TAKEN BY: Michael Burkhard
REQUESTING PARTY INFO
MICHAEL BURKHARD
BASIN 94 - LAKE NORMAN
1USINESS PHONE NO: [phone]
JOTIFICATION PROMPT: Government
BASIN 94
HOME PHONE NO: ( ) -
FACILITY INFO
:OMPANY: BASIN 94 - LAKE NORMAN
1DDRESS: 17305 CONNER QUAY CT
CORNELIUS NC 28031- -
:ONTACT: BRIAN O'NEAL POOL CONTRACTOR
HONE NO: [phone]
ACTIVITIES
BASIN 94
;ERVICE REQUESTED..:
icit discharge of waste plaster from swimming pool contractor in to a storm drain.
ACTION TAKEN.......:
15/14/04 Burkhard observed an employee of Falling Water Custom Pools discharging a sludge type material into a storm
rain catch basin at 17305 Conner Quay Ct. Cornelius NC. Burkhard while still in his truck motioned to the worker to stop
that he was doing. The worker complied with Burkhards request and discharged the remaining product on the ground.
lurkhard took photos and met with the site supervisor Mr. Romero. Burkhard explained to Mr. Romero the violation and
orrective actions necessary.
.Do not wash product from storm drain, let this product dry and harden then using a hammer an chisel hand remove all
ebris from the inlet structure.
'.Communicate with each employee and subcontractor of Falling Water Custom Pools that the storm drain system is for
torm water only and these basins are not to be used to dispose of excess products of any sort.
furkhard obtained an empty bag of the product which was discharged to the catch basin. Mother of Pearl Swimming Pool
'taster which is 100% marbleite.
lurkhard told Mr.Romero that the owner would be receiving a State NOV form the Division of Water Quality.
:OMMENTS...........:
SAMPLES

DISPOSITION, ETC.
PARTY:
L OR WRITTEN:
1ATE NOTIFIED:
IOTICE OF VIOLATION:
.EGAL ACTION:
VELL SAMPLE:
)UTFALL SAMPLE:
.AKE/STREAM SAMPLE:
:MERGENCY RESPONSE:
//
N
N
N
N
N
N
TIME ON SITE:
TRAVEL TIME:
ADMIN TIME:
MILEAGE:
SITE VISITS:
RECALL DATE: / /
STATUS: OPEN
DATE CLOSED: / /
IEVIEWED BY: / /

Subject: Re: Falling H20 Custom Pools
Date: Mon, 31 May 2004 09:12:35 -0400
From: "Michael W. Burkhard" <[e-mail]>
To: Richard.Bridgemanicmail.net
Sorry I did not provide this info a. n in my original report.
Gary '&--Teanne AAndaas`
704.895.8858
»> "Richard Bridgeman" <[e-mail]> 5/28/2004
2:43:35 PM » >
For RIMS, I need to know the name/telephone # of the owner of the
17305
Conner Quay Ct. property. This is required info toward creating an
Incident # and NOV #.
Richard Bridgeman [e-mail]
Environmental Chemist II
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
1 of 1 6/11/2004 10:57 AM

MCLEOD COR ORATION
AND NAT
August 9, 2004
Mr. D. Rex Gleason
Division of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
Re: Incident #: 200401401, Tracking #: NOV-2004-OC-0006
Dear Mr. Gleason:
On the Afternoon of July 10th, approximately 10 gallons of boat fuel was pumped out of a
customer's water tank into the area of Lake Norman at our gas docks. To the best of my
knowledge, the customer pumped gas into water tank of a boat he had borrowed, causing
the bilge pump to activate.
Our employees, upon notice of the spill, immediately shut of the fuel tanks and threw out
absorbent booms to collect the gas. The Cornelius-Lemley Fire Department and
Horsepower Unlimited were called. Both respondents proceeded to absorb the fuel and
use Cosmoline to clean up the spill.
Gary Queen, of Horsepower Unlimited [phone], collected all materials used to
clean the spill and stores them to be collected by "Crystal Clean", for incineration,
Our policy is to have customers pump their own gas into their own boats at our gas dock.
We typically have two employees to assist our patrons. We at Holiday Marina strive to
be watchful and preventative for the safety of our customers and the protection of our
natural resources. We believe the accident could have been much worse if not for the
quick thinking and action of our trained employees.
If you have any further questions, please do not hesitate to call me at your convenience.
Thank you,
Kris Kawulok
Holiday Marina
704-896-5552 x105
19701 - D Highway 73 West • Cornelius, NC 28031 • [phone] • Fax [phone]

F,R,OM :" HORSEPOWER UHL I M I TED INC.
A Note
Bom405
bor
EVMTL_ Charge
l el skill cias dock EPA is t
Absorbent Boom 5 inch
FAX NO. : 704 483 0114 Aug.;10 2004 09:47PM P2
INVOICE #
1890
Lake Tow Underwater I ec©very
Tow Boat U5 Lake Norman
443 North Pilot Knob Rd benver, Nc 28037
704-483-0112 Fax [phone]
Holiday
704-892-1415
19701-D West Catawba Avenue
Cornelius, NC. 2€031
nd and replace booms also treat water .50
f casolien
ironmental Service Charge Dispose of th
Visit Our Web Site www.LakeTow.com
ever pay a taw bill again. JOIN 9OAT11.S We will bring you
fuel and jump- start dead batteries any where on LKN
Total
Payments/Credi
0.00
142.50
225.00
51,00
48.b0
n,
Balance Due 41.50
k

1..�- / Ott_6
North Carolina Dcryrrtmcnl offs
vernor
William'G. Rc Jr.. Secretary
nrncnt and Natural Rcsource5
Alan W. Khrnd ,1'. [. I)ucctor
Division of Water Qunlily
Colocn H. Sullins, Deputy Dircclor
Division of W'atcr Quality
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Mr. Alan Black, General Manager
Holiday Marina
20139 Henderson Road
Cornelius, North Carolina 28031
Subject:
Dear Mr. Black:
July 23, 2004
7003 2260 0001 3550 2233
NOTICE OF VIOLATION
Incident #: 200401401
Tracking #: NOV-2004-OC-0006
G.S. 143-215.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of gasoline
Holiday Marina
20139 Henderson Rd., Cornelius
Mecklenburg County, NC
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.
On July 10, 2004, David Rimer of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation of your property located at 20139 Henderson Road. This
investigation was conducted as part ofa cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a result of this investigation, the following condition
was found on the property in violation of G.S. 143-215.83(a):
NorthC,arolina
JVatura!!q
Discharge of gasoline into Lake Norman, a Class WS-IV water within the Catawba
River basin.
iiTra
NCDENR
919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Mr. Alan Black
Page 2
July 23, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal
discharge activity, to collect, remove and properly dispose of the discharge material, including any
contaminated booms and absorbent pads. It is recommended that you implement corrective
actions to eliminate the potential for recurrent illegal discharges.
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(a), 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(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 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 discharges. The response should also indicate the disposal location for any
removed discharge material, including contamin•ted booms and absorbent pads. Please address
your response to me by no later than AuEust 13, 2004. Also, please send a copy of -this
response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC
28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or
me at 704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Mr. Rusty Rozzelle, MCWQP
DRG/djr
0400687A.nov

EPIC - WQ
07/12/2004
SERVICE REQUESTIWQRK ORDER
PAGE NO:
LOG NUMBER: 2004-00687
SECTION: WQC
ENVIRONMENTALIST: David J. Rimer
NATURE OF REQUEST: Emergency Response
FILE DESCRIPTOR 1: ID-7-CR-
FILE DESCRIPTOR 2: HOLIDAY MARINA / LAKE NORMAN
CONTACT:
COMPANY/WORKPLACE:
ADDRESS:
CORNELIUS VFD
BUSINESS PHONE NO: [phone]
NOTIFICATION PROMPT: Government
DATE: 07/12/2004 @09:55
TAKEN BY: David J. Rimer
REQUESTING PARTY INFO
HOME PHONE NO: ( ) -
FACILITY INFO
COMPANY: HOLIDAY MARINA/LAKE NORMAN
ADDRESS: 20139 HENDERSON RD
CORNELIUS NC 28036- -
CONTACT: AL BLACK
PHONE NO: [phone]
ACTIVITIES
001503099
SERVICE REQUESTED..:
Accidental 20-21 gallon gasoline spill into Lake Norman by Holiday Marina employee.
ACTION TAKEN.,.....:
7-10-2004 5:21 PM David Rimer, ER on -call duty person, received page from County Warning Point (MEDIC) regarding a
gasoline spill at Holiday Marina. Cornelius VFD requested that I respond. I spoke with the Cornelius VFD and requested that
they have the spiller hire a cleanup contractor immediately.
When I arrived at Holiday Marina, I met with the Cornelius VFD, Assistant County Fire Marshall Mike Fox, and Holiday
Marina's General Manager, Al Black. The VFD had placed ten oil booms around the fueling docks at Holiday Marina. There
was an odor of gasoline in the air and oil sheens in the water. No cleanup had been attempted and no cleanup contractor
had been called. The spill resulted from a marina employee mistakenly pumping gasoine into a boat's water tank instead of
into the fuel tank. The water tank overflowed into the previously dry bilge which has an automatic bilge pump that pumped all
of the gasoline into the lake.
Horsepower Unlimited of Denver, NC was finally contacted and hired to perform the cleanup. I directed Horsepower
Unlimited to resupply the VFD for the booms used by them.
Met Mr. Gary Queen of Horsepower Unlimited and showed him where the cleanup needed to be performed.
7-11-04 Inspected Holiday Marina fueling station and found that the spilled gasoline had been cleaned up and removed.
7-12-04 Spoke with David Caldwell, WQ Supervisor, and briefed him on the investigation. It was decided to proceed with a
state oil discharge - NOV
Called Barbara Sifford of MRO to report the spill and the issuance of a state NOV for the illegal oil discharge.
COMMENTS......
SAMPLES

DISPOSITION, ETC.
NOTIFIED REQ PARTY: Y TIME ON SITE: 2:00
VERBAL OR WRITTEN: V TRAVEL TIME: 3:00
DATE NOTIFIED: 07/12/2004 ADMIN TIME: 1:30
NOTICE OF VIOLATION: Y MILEAGE: 0
LEGAL ACTION: N SITE VISITS: 0
WELL SAMPLE: N RECALL DATE: / /
OUTFALL SAMPLE: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOSED: / /
EMERGENCY RESPONSE: N
REVIEWED BY:
!/

Spill Date
Reported Date
Reported To (DWQ Staff)
Reported By
Facility
oaa
Collection System SSO 24-Hour Notification
Required Information
36
Time
xac
Incident Number
BIMS APP
Address of Spi
04c
Phone
A0/3 4Neeizolo - &mil. all03
City (Spill Location)
Collection System: SSO WWTP Spill: BYPASS
WQCS ©© NPDES NCOO
Map Location WVVTP
Cause of Spill
Estimated Gallons
Gal to Surface Waters
Stream Fish Kill: No Yes How many

John Setzer Jr
JFS Painting
2555 East Broad Street
Statesville, NC 28265
RE: CM#7003 1680 0004 0875 9657
July 26, 2004
Dear Mr. Gleason:
I received your notice of violation, incident # 200401063, on July 24, 2004 for discharge
of paint into a storm drain. I was unaware that the storm drain in question went into Lake
Norman thus polluting the water. I am deeply sorry for our actions and have corrected
our procedures since the violation was brought to my attention. I immediately brought
this to my employee's attention and put corrective actions into place. We now discharge
all paints by drying the contents with cat litter and delivering to an appropriate dumpsite
for proper disposal. All employees have received a verbal and written notice of the new
procedures and they were put into place immediately.
I appreciate the notice given and will work diligently to make sure the new procedures
are followed.
Sincerely,
Enc: Procedures for disposal of all painting products

Disposal of Painting Products May 8, 2004
JFS Painting has received notice of violation from the Division of Water Quality. This
violation involves disposal of paint into ditches/storm drains. These actions will not be
accepted or tolerated. All paint products are to be disposed of properly as follows:
• Seal all containers
• Discharge paint by pouring cat litter into containers
• Once all liquid is dried, transport to dump for proper disposal
• Do not wash equipment in ditches or drains
If these actions are not followed immediately, this is grounds for termination.
John F Setzer JR
Owner JFS Painting

7
NORTH CAROLNA DEPARTMENT OF
ENVRDNVENT AND NATURAL RESOURCES
MOORESV!LLE REGIONAL. OFFICE
9[9 NORTH MAIN STREET
MOORESVILLE, NC 2.81 15
CERTIFIED MAIL.
RETURN RI:,X'EIPI REQUIRED
JUL, 0 6 2004
7003 1680 0004 0875 96
MR JOHN SEI`ZER -0 ER
JFS PAINTING

1013d013AN3 40 d011V tl3)10US 3aY1d
tiTIIZ JOI IN SETZI'K - UW'NI°:IZ
.IIF'> MINTING
1 RLVr
NC ` ti26,
rml',;061`I4/U4 vvLi
7003 1680 0004 0875 9657

Michael F. Easl
William G. Rosy Jr- Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek_ P. E. Director
Division of Water Quality
Colecn H. Sullins. Deputy Director
Division of Water Quality
June 14, 2004
CERTI> IED MAIL CM # 7003 1680 0004 0875 9657
RETURN RE REQUESTED
Mr. John Setzer, Owner
JFS Painting
2555 E. Broad Street
Statesville, NC 28265
Subject: NOTICE OF VIOLATION
Incident #: 200401063
Tracking #: NOV-2004-DV-0022
Violation of G.S. 143-215.1(a)
Illegal Discharge
19937 Catamaran Ct., Huntersville
Mecklenburg County, NC
Dear Mr. Setzer:
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.
On May 7, 2004, Michael Burkhard of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation at the McKay residence, located at 19937 Catamaran Ct. in
Huntersville, NC. This investigation was conducted as part of a cooperative working agreement
between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the
following condition was found on the property in violation of G.S. 143-215.1(a):
Discharge of paint by JFS Painting employees into a catch basin which leads to Lake
Noft1'lan, a Class WS-IV water in the Catawba River Basin.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), 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 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. You will be advised of
any enforcement recommendation.
©rthCarolina'
J 7aturaIIy Division of Water Quality, M
DE
Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Mr. John Setzer
JFS Painting
Page 2
June 14, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal discharge
activity. It is also recommended that you implement corrective actions to eliminate the potential for
recurrent illegal discharges.
It is requested that you respond, in writing, to this Notice, indicating the actions you have taken
to correct the violation and prevent future violations. Please address your response to me by no later
than June 28, 2004. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at
700 North Tryon Street, Suite 205, Charlotte, NC, 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at
704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Superviso
cc: Rusty Rozzelle, MCWQP
DRG/mwb
H:\env\epic\wq\nov\jfs painting

05/18/2003 06:34
EPIC - WQ
©5126/2©04
704432252323
LUESA NORTH
SERVICE REQUEST/WORK ORDER
PAGE 02/03
PAGE NO: 1
LOG NUMF nR;
SECTION:
ENVIRONMENTALIST:
NATURE OF REQUEST:
FILE DESCRIPTOR 1:
FILE DESCRIPTOR 2:
2004-0©422
WQC
Michael Burkhard
Citizen's Request
ID-6-CR.
BASIN 94
CONTACT:
COMPANY/WORKPLACE:
ADDRESS:
RATE: 05/13/2004 t ©9:O3
TAKEN BY: Michael Burkhard
REQUESTING PARTY INFO
MICHAEL BURKHARD
BASIN 94 - LAKE NORMAN
F3USINtSS PHONE NO: [phone]
NOTIFICATION PROMPT: Word of Mouth
COMPANY:
ADDRESS:
CONTACT;
PHONE NO:
BASIN 94 - LAKE NORMAN
19937 CATAMARAN CT
CORNELIUS NC 28031- -
DAN MCKAY OWNER
[phone]
BASIN 94
HOME PHONE NO: ( ) -
FACILITY INFO
ACTIVITIES
BASIN 94
SERVICE REQUESTED..:
Investigate illict paint discharge in storm drain at Blue Stone Harbor, JFS Painting
ACTION TAKEN.......:
517/04 Burkhard observed paint in the flared end section of a storm drain pipe discharging directly into Lake Norman. This
pipe is located below the Blue Stone Harbor ci,hrllvisinn pool end pool house and adjacent to the community boat ramp.
Burkhard then drove through the subdivision and found pointers working at 19937 Catamaran Ct. Cornelius NC. Further
investigation revealed that JFS Painting was in fact the violator. Photographs were taken of the catch basin showing paint on
the CB grate and in the basin. Burkhard met with the home owner and the owner of the painting company to discussed the
violation and the fines which Could be levied. An environmental notice was given to the owner of the painting company and
informed him theta NOV would be issued,
Paint Contractor:
John Setzer, Owner
JFS Painting
2653E Broad St.
Statesville NC 28625
Off/Mohilp 704,902.8372
Property Owner:
Mr. Dan McKay
19937 Catamaran Ct
Cornelius NC 28031
704.895.2522
05108/04 Burkhard sent State NUV to David Caldwell for review.
COMMENTS.,...

05/10/2003 06:34 704432252323
EPIC • WO
05/26/2004
SERVI
LUESA NORTH
E REQUESTNVQRK ORDER
PAGE 03/03
PAGE NO: 2
NOTIFIED REQ PARTY:
VERBAL OR WRITTEN:
DATE NOTIFIED: / /
NOTICE OF VIOLATION: N
LEGAL ACTION: N
WELL SAMPLE: N
OUTFALL SAMPLE: N
LAKE/STREAM SAMPLE: N
EMERGENCY RESPONSE: N
REVIEWED BY:
SAMPLES -
DISPOSITION, ETC,
TIME ON SITE:
TRAVEL TIME:
ADMIN TIME:
MILEAGE: 0
SITE VISITS: 0
RECALL ©ATE: / /
STATUS: ()PEN
DATE CLOSED: / /
/I

ntr;;;,,;

4828 BURTON LN
DENVER, NC 28037
Phone [phone]
Fax [phone]
DIVISION OF WATER QUALITY
919 N MAIN ST
MOORESVILLE, NC 28115
INCIDENT: 200401309
A
face
D- 'T. OF ENV1RONME
JUL 2 7 20
July 22, 2004
ON JUNE 22, 2004, ONE OF OUR DUMP TRUCKS BLEW A HOSE WHILE DUMPING DIRT. THIS EVENT
UNFORTUNATELY WAS AN ACCIDENT, IN THAT THERE IS NO WAY OF KNOWING WHEN A LINE
WILL BREAK. I AM SORRY THAT THIS EVENT TOOK PLACE. WE IMMEDIATELY PURCHASED
SPEEDY DRY FROM NAPA AND SPREAD IT ALL OVER THE AREAS THAT WERE AFFECTED, IN THE
AREA WHERE WE COULD NOT CLEAN, WE CALLED SPECTRUM ENVIROMENTAL. THEY COULD
NOT GET OUT THERE THAT DAY, SO THEY TOLD US TO PUT PLASTIC OVER THE SPILL, WHICH WE
DID. THEY CAME OUT THE NEXT DAY AND TOOK CARE OF THE SPILL. WE NOW KEEP SPEEDY
DRY IN THE TRUCKS, ALONGP4TH INSTRUCTIONS ON WHAT TO DO IN CASE OF A SPILL.
THANK YOU
JENNIFER PENWARDEN

A . Michael F, Easley, Governor
William G, Ross Jr,. Secretary
North Carolina Department of Environment and Natural Resources
Alan W, l:lirndc. F. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 6, 2004
CERTIFIED MAIL CM # 7003 1680 0004 0875 9848
RETURN RECEIPT REQUESTED
Mr. Walter Penwarden, Owner
Penwarden Construction
4828 Burton Lane
Denver, NC 28037
Subject: NOTICE OF VIOLATION
Incident #: 200401309
Tracking #: NOV-2004-OC-0005
G.S. 143-215.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of Hydraulic Fluid and Oil
Penwarden Construction
19900 West Catawba Avenue, Cornelius
Mecklenburg County
Dear Mr. Penwarden:
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.
On June 22, 2004, Mr. Michael Burkhard of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation on the property owned by Fountain Plaza LLC, located at
19900 West Catawba Avenue in Cornelius, NC. This investigation was conducted as part of a
cooperative working agreement between Mecklenburg County and the Division of Water Quality. As
a result of this investigation, the following condition was found on the property in violation of
G.S. 143-215.83(a):
No thCarolin
Discharge of oil and hydraulic fluid by Penwarden employees into a catch basin
which leads to McDowell Creek, a Class WS-IV water in the Catawba River
Basin.
of Water Ouaiitt; Mooresville Rt
rat €)Epic
919 North Main Street, Mooresville NC 28115 (704) 663-1.699 Customer Service
1-877-623.6748

Mr. Walter Penwarden, President
Page 2
July 6, 2004
Further, the failures to immediately notify this Department of the discharge and to
immediately undertake to collect and remove the discharge are violations of G.S. 143-215.85 and
143-215.84(a), respectively.
To comply with the law, it v+ ill be necessary to immediately discontinue all illegal
discharge activity, to collect, remove and properly dispose of the discharge 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
potential for recurrent illegal discharges.
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(a), 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(a), shall incur, in addition to any other penalty provided by law, a penalty in an amount
not to exceed five thoncand 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 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 discharges. The response should also indicate the disposal location for any
removed discharge material, contaminated soils, or waters. Please address your response to me
by no later than July 23, 2004. Also, please send a copy of this response to Mr. Rusty Rozzelle
of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or
me at 704/663-1699.
Sincerely,
D. Rex Gleason , P.E.
Water Quality Regional Supervisor
Rusty Roelle, MCWQP
H:1cnvlepictwglnov1penwater construction

:rn;'vvm
SERVICE REOUEST/WORK ORDER
.OG NUMBER: 2004-00618
����0�� VVO
'
iNV|R0NNYGNTALuST: K8ichaeiBurkhard
JATWRE«]FREQUEST: Citizen's Request
lLEDESCRIPTOR 1: |D-O'CR'
lLEDESCB|PTgR2:
'ONTACT:
'OM 9ANY8mOR KPLACE: ANONYMOUS
QODREGS:
N0SUNESSPHONE NO:
JOTIFICATION PROMPT:
DATE: 06/23/2004 @10:0V
TAKEN BY- Michael Burkhard
REOUESTING PARTY INFO
HOME PHONE NO: ( ) '
FACILITY INFO
'ONPANY: BASIN 79'MCDDVVELLCREEK
kDDRESS: 19900VVCAT4WAAV
CORNEL|USNCO8031' '
'0NTACT: DR. STEPHENFR|EDK4AN
'HONE NO: [phone]
ACTIVITIES
'ERVICEREOUESTED':
'oxnpointregarding sediment unWest Catawba and JettonRd. Extension
VCTK]NTAKEN ....... :
;/22/04Burkhnrd responded toacomplaint regarding sediment on the road, however upon arrival Burkhard observed mnoil
rail off of Jetton Rd. Extension into the job site. In addition, Burkhard observed a large fresh oil stain inthe parking lot next to
tdump truck along with stains under the truck. 8urkhandalso observed alarge puddle ofanunknown oil substance
:ontaining approximately 15 to 20 gallons along with a small sump pump connected to a portable generator with the
lischarge pipe directed to and discharging into the storm drain system. (Photos were taken) Burkhard instructed the workers
ushut off the generator immediately and contact the owner cf the company,
'hey called Mr. Walter Panwmndon(Owner)and Mr. Ponwmnjanarrived mkthe site shortly afterwards. Mr. Penwundantold
lurkhard that he was not aware of the truck breakdown nor the unknown substance which had ponded up and being pumped
itothe storm drain system. Burkhandinotruc1md Mr. Penwmndontopurchase an "oil dry" type product and immediately clean
/pthe oil spill along JettonRdand the oil inthe parking lot. BuMkhenjalso instructed Mr. PenwanJontocontact an
invironmental clean up company to preform clean up of the unknown oil substance. While Bu,kha,dwas talking with Keith in
�eMeukCo, lab toget instructions onhow tnsample the unknown oil product Mr. Penwardantold Burkhandthat the
,ubstance was hydraulic fluid and that no more than 5 gallons had been spilled, Mr. Penwarden contacted Spectrum and
/iredthem topreform the clean up. Burkhard instructed Mr. Penwarden to have Spectrum contact him immediately upon
`rhva|ot the site. Later Larry with Spectrum called Burkhmrd to inform him that they would not beable toclean upthe site
/nh|the morning ofthe 23ndand that they would call as soon as they arrived at the site. Larry also told Burkhard that he had
istructed Mr. Penwarden to cover the fluid with plastic in case we had rain. Burkhard thanked Larry and confirmed that they
vould send their disposal manifest to him when the clean up had been completed.
>u,kherdvisited the site atO:3Q Pk8on his way home and found the hydraulic fluid tnbesecurely covered and the site
leaned upand all oil stains \obmaddressed.
J|the sediment was also cleaned upand the site was ingood shape.
'enwanjonConstmodun
828 BurtonLn
xmnvorNC28O37
ffine784.48O.S55S
iobUo704.3O3.5217

- W41
i6/28/20M
SERVICE REQUEST/WORK ORDER
rain NV:
'roperty:
oUntain Optical
'ountain Plaza LLC
9900 West Catawba Av.
ornelius NC
ffice 704.892.1000
SAMPLES
DISPOSITION, ETC.
IOTIFIED REQ PARTY: TIME ON SITE:
FERBAL OR WRITTEN: TRAVEL TIME:
)ATE NOTIFIED: / / ADMIN TIME:
IOTICE OF VIOLATION: N MILEAGE: 0
.EGAL ACTION: N SITE VISITS: 0
VELL SAMPLE: N RECALL DATE: / /
)UTFALL SAMPLE: N STATUS: OPEN
.AKEJSTREAM SAMPLE: N DATE CLOSED: / /
iMERGENCY RESPONSE: N
lEVIEWED BY:
/ /

?,p,w
', ° ,,,

M
w
YnM
44^

,, ."w ,
�aw��

June 30, 2004
Mr. D. Rex Gleason, P.F.
North Carolina, Mooresville Regional
Water Quality Division
919 North Main Street
Mooresville, NC 28115
RE: Notice of Violation/Penalty
Dear Mr. Gleason:
Nu DEPT, NT r
Mo NA,
MOORESTT
JUL
On Saturday, April 24, 2004, HAI—MAT personnel mobilized to the Morrocroft pond
located in the Morrocroft Subdivision on Fairview Road to prepare the site for routine
maintenance of the Morrocroft Water Feature. The Water Feature is a self-contained.
stream system where water is pumped from the Water Feature Recovery System Supply
(WFRSS) Pond (Morrocroft Pond) to the man-made streambeds located throughout the
development. The water is pumped from the pond to the heads of the man-made
streambeds and :flows back down to the pond. The Water Feature requires routine
maintenance approximately every four years. During the maintenance event, the pond
must be drained and the heavy sediment that is composed of decaying leaves, decaying
grass clippings, pine needles and algae must be removed from the pond bottom.
To prepare for this maintenance event, HAZ—MAT personnel installed 530-linear feet of
silt fence and placed 40 bales of straw on the working side of the fencing. The straw
bales were staked in place. The bales were then secured by rope to both each other and
the silt fencing to form a solid connective barrier down gradient from the working area.
After completing the pre -project setup. HAZ—MAT requested that Fountain Services shut
off all of the pumps operating the Water Feature and let the circulated water run down the
streams and collect in the Water Feature Supply Pond.
On Monday, April 26, 2004, HAZ—MAT personnel opened the 4-inch Water Feature
drain valve and released the water supply into the dry streambed below which drains to
McMullen Creek as the unit was designed. A small amount of the pond sediment
accumulated in the dry streambed as water made its way from the pond.
tic DEPT. OF
AND NATURAL RESOURCES
1RF"- -mAL„ t:"TilcE
JUL 0 1 2004
HAZ-MAT
P. 0, BOX 37392, 221 DALTON AVE., CHARLOTTE, N.C. 28237, [phone], FAX [phone]

On Tuesday, HAZ—MAT pumped approximately (3) three loads of heavy sediment from
the pond and moved it approximately 100-feet to the planned sediment receiving area
behind the straw bales and the silt fence retaining wall. This area was the only suitable
area to off-load the sediment on the Morrocroft Development owned property. The
sediment had to be moved via truck in order to complete the planned project. The
sediment once collected and deposited did not leave the Morrocroft owned property.
On previous maintenance events, the silt fencing and straw bale retaining wall was
suitable for containing the sediment removed from the pond. Historically, no sediment
had ever made its way beyond the retaining wall. Typically, the sediment, once the water
had made its way out of the pond by way of the drainage valve, is a mucky semi -solid
material that could be shoveled to a vacuum hose of a vacuum truck. This was the case
on the first day of work at the site. During the night, due to the active sprinkler systems
in the development, the pond accumulated an estimated 3,000-gallons of water that was
commingled with the heavy sediment, creating a soupy mixture that was less viscous than
the original sediment on the previous day.
After about 2:00pm on Wednesday when the sediment was placed behind the retaining
wall, the retaining wall leaked due to the excessive amount of water and approximately
400-gallons of residue was discharged into the dry streambed as well as the culvert
beneath Fairview Road. At the time of unloading, Steve Gucciardi was driving down
Fairview Road and got the impression that HAZ—MAT was discharging hazardous
materials into the dry streambed. At that time, Mr. Gucciardi notified representatives of
Mecklenburg County to comeinvestigate the scene.
After a thorough inspection of the area, all agencies that visited the site left with
confidence knowing that there were no hazardous substances being off-loaded from the
vacuum trucks. Prior to mobilization to the site, both vacuum trucks had their back doors
opened and the interior of the truck tanks cleaned via steam power washing. HAZ—MAT
used a non -hazardous environmentally friendly cleaner/degreaser to ensure that all
residues on the truck interiors were completely removed prior to using the trucks on this
project
After we were stopped from depositing the sediment onsite, HAZ—MAT personnel
removed the remaining sediment (approximately 1,500-gallons) from the pond via
vacuum truck. HAZ—MAT personnel then started identifying and vacuuming any
sediment that had made its way into the dry streambed and worked until approximately
8:00pm Wednesday night.
Upon arrival to the site on Thursday morning, April 29, 2004, HAZ—MAT personnel
observed that the heavy sediment was becoming a semi -dry semi -solid material as
planned.
HAZ—MAT personnel placed 50-pounds of Rye grass seed over the settled sediment then
covered the area with straw to absorb excess moisture and to act as a mulch. cover to aid
in new grass growth.
HAZ-MAT
P. O. BOX 37392, 221 DALTON AVE„ CHARLOTTE, N.C. 28237, [phone], FAX [phone]

Once HAZ—MAT personnel received permission from Ron Eubanks, City of Charlotte
Water Quality Division, HAZ—MAT personnel opened the pond valve to flush small
amounts of water at a time down the dry streambed to aid in the removal of any sediment.
HAZ—MAT personnel also used a power washer to aid in the removal of any
accumulated sediment in the dry streambed leading all the way down to the far end of the
culvert beneath Fairview Road. All work was completed on this day and Jack Holder
notified Steve Gucciardi of our activities in the letter addressed to him dated April 29.
2004. Ron Eubanks inspected the entire area as stated in the referenced letter.
On Friday morning, April 30, 2004, after the sediment had dried further, HAZ—MAT
personnel purchased and placed (2) two pallets of fescue sod over the entire sediment
laden area to completely encapsulate the heavy sediment that was removed from the
Water Feature System. Again, at the direction of Ron Eubanks, HAZ—MAT flushed the
dry streambed to ensure that no sediment remained.
HAZ—MAT constructed a containment boom made with wire mesh, riprap and straw
bales and placed it below the culvert under Fairview road to ensure that no sediment
made its way to McMullen Creek during the flushing of the dry streambed..
HAZ—MAT personnel identified and removed approximately 20-gallons of heavy
sediment that was located immediately at the end of the culvert where the creek ran out
from underneath the road.
Ron Eubanks monitored the oxygen levels of the water both above and below the
impacted area in McMullen Creek. Oxygen levels in both areas were found to be normal
and no oxygen demand was present below the point of discharge into the stream.
HAZ—MAT has in good faith removed any sediment from the dry streambed and
removed all liquids and sediment prior to reaching the stream.
During the site operations, HAZ-MAT personnel noticed a mother Canadian Goose
nesting on the edge of the Water Feature Pond. She has been nesting at the pond for the
past 2-3 years and raising her goslings. Canadian Geese are frequently seen swimming in
the Water Feature Pond. Mud turtles have made their homes in the pond as well. These
activities suggest a healthy aquatic environment.
Jack Holder
CEO
Attachments: Photo Notations
Photos
cc: Rusty Rozzelle, MCWQP
HAZ-MAT
P.O. BOX 37392, 221 DALTON AVE., CHARLOTTE, N.C. 28237, [phone], FAX [phone]

PHOTO NOTATIONS (each photo is labeled)
PHOTO 1)
PHOTO 2)
PHOTO 3)
PHOTO 4)
PHOTO 5)
Photo shows previous maintenance event silt fencing and straw bale
retaining wall. You can see the new silt fence is built in front of the old
silt fence. Evidence shows that the retaining wall contained the sediment
migration for past events.
This photo depicts sediment located behind the silt fence and that the
retaining wall is working as it was intended.
Again, the photo shows the silt fencing working as intended and evidence
of the old silt fence from previous events.
This photo shows the end of the silt fence and you can see that it is
holding the sediment as intended with no discharge out from behind or
beneath the wall at all.
This containment boom constructed of wire mesh, riprap and straw bales
was installed prior to the time that HAZ—MAT personnel started flushing
the dry streambed. All materials that came down the dry streambed would
be filtered through the straw bales. The containment boom was placed
down below the dry streambed immediately before McMullen. Creek as
directed by Mr. Gucciardi.
PHOTOS 6-8) Visible signs of HAZ—MAT personnel rinsing and flushing the dry
streambed with water from the Water Feature System and letting out a
little water at a time. This water was removed from the dry streambed
with the vacuum truck. Water was taken to HAZ—MAT's facility at 210
Dalton Avenue and placed into the wastewater treatment system. All
solids and sediment removed from the dry streambed and the final load of
sediment removed from the Water Feature Pond was taken to
HAZ—MAT's facility where it was solidified with saw dust and taken to
the BFI landfill in Harrisburg, North Carolina for disposal.
PHOTOS 9-13)
PHOTOS 14-17)
PHOTO 18)
Shows the area where sediment was placed and entire area was
seeded with rye grass then covered with straw as done on past
events.
Area where HAZ—MAT personnel placed the fescue sod over the
rye seed and straw to encapsulate the area. Area is almost dry
enough to walk on at the time of sod placement.
Shows the Canadian Goose nesting on the hank of the Water Feature
System Supply pond where she has raised many goslings over the past few
years.
HAZ-MAT
4 -
P O. BOX 37392, 221 DALTON AVE„ CHARLOTTE, N.C. 28237, [phone], FAX [phone]

CER FIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jack Holder, CEO
Haz-Mat Transportation & Disposal, Inc.
221 Dalton Avenue
Charlotte, NC 28237
Subject:
Dear Mr. Holder:
W]ijainG, Ross .1r„ Secretary
North Carolina Department of Environment and Natural Resources
Alan W, Klimek, P. E. Director
Division of Water Quality
June 22, gig
Coleen H. Sullins, Deputy Director
Division of Water Quality
7003 2260 0001 3550 1885
NOTICE OF VIOLATION
Violation of G.S. 143-215.1(a)
Discharge of Sediimmt and Organic Waste
Haz-Mat Transportation & Disposal, Inc.
7500 Fairview Road, Charlotte
Mecklenburg County, NC
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.
On April 28, 2004, Mr. Ron Eubanks of the Mecklenburg County Water Quality Program
(MCWQP) and Mr. Steve Gucciardi of the Charlotte Engineering & Property Management
Department conducted an investigation of the Morrocroft property located at the 7500 block of
Fairview Road in Charlotte, North Carolina. This investigation was conducted as part of a cooperative
working agreement between Mecklenburg County and the Division of Water Quality. As a result of
this investigation, the following condition was found on the property in violation of G.S. 143-215.1(a):
Sediment and organic waste discharged from a vacuum truck to an unnamed
tributary to McMullen Creek.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
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 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. You will be advised of
any enforcement recommendation.
„(hIc
No-thCarolina
,Vaturally Division of Water Quality, Mooresville Regional Office. 9 l9 North Main Street, Mooresville NC 28115 [phone]
0MA
-11/14,
Customer Service
1-877-623-6748

Mr. Jack Holder
Haz-Mat Transportation & Disposal, Inc.
Page 2
June 22, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal discharge
activity. It is also recommended that you implement corrective actions to eliminate the potential for
recurrent illegal discharges.
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 me by no later than July 9, 2004. Also,
please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street,
Suite 205, Charlotte, NC, 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at
704/663- l 699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional S
cc: Rusty Rozzelle, MCWQP
DRG/pre
FILE: H:1ENV\EPTCIWQ\NOW 4Qp4©8anov

ENVIRONMENTALIST:
NATURE 0FREQUEST:
FILE DESCRIPTOR 1:
FILE DESCRIPTOR 2:
SERVICE REQUESTIWORK ORDER
2OO4'OO4O8
WOY
P. Ron Eubanks
Emergency Response
|C'F(1YC|
BASIN 45
CONTACT:
CuMremmvvwwwrumCE:
BUSINESS PHONE NO:
NOTIFICATION PROMPT:
DATE: 05/07/2O84 @O8:51
TAKEN BY: P. Ron Eubanks
REQUESTING PARTY INFO
STEVEGUCCIAJRD|(CHARLD})E)
000E4THST
CHARLOTTE NC282Q2- -
(704)386'3632
Government
COMPANY:
ADDRESS:
CONTACT:
PHONE NO:
FACILITY INFO
BASIN 45'MCMULLENCREEK
7500 FAIRVIEW RD
CHARLOTTE NC2821O' '
JACK HOLDER (HAZ-MAT)
[phone]
ACTIVITIES
SERVICE REQUESTED.,:
Mr. Steve Gucciardi (Charlotte Land Development) contacted MCWQP regarding an illicit discharge at the 7500 block of
Fairview Road into anunnamed tributary UmMcMullen Creek.
ACTION TAKEN .......
�
04/28/20N4
Drove 1nthe 750Oblock ofFairview Road tomeet Mr. Steve Gucciardi(Charlotte Land Development) regarding anillicit
discharge into anunnamed tributary hmMcMullen Creek. Upon arrival a$the site, | met with Mr. Steve Guodanjiand Mr. David
Hodges (Charlotte Land Dovn|npmmnt). Mr. Guooiandishowed methe area ofconcern, which was avacuum truck
discharging into utributary tmMcMullen Creek (see attached photoo).
Since the contents of the vacuum truck were unknown, Mr. Gucciardi contacted Mr. Ivan Vikin (US EPA CID Special Agent).
Mr. Guonard|also contacted the Charlotte -Mecklenburg Police Department. | contacted the Charlotte Fire Department (CFD),
After contacting CFD, I contacted MCWQP and arranged for sampling bottles to be delivered to the site,
After the appropriate authorities were contacted, Mr. Gucciardi and I met with Mr. Jack Holder (Haz-Mat, CEO). Mr, Holder
explained what Haz-Mat was doing at the site. Mr. Holder indicated that Haz-Mat had been contracted by the Morrocroft HOA
toclean out the Mnrmomftpond. Mr. Holder indicated that Hoz-K4atbegan work atthe site onApril 24.2OD4' Mr. Holder
explained that the pond requires routine maintenance approximately every four years, During the maintenance, the pond in
drained and the sediment isremoved via vacuum trucks.
In preparation for the maintenance, Mr. Holder indicated that Haz-Mat personnel installed silt fence and straw bales on the
working side ofthe fencing &mprevent the sediment from entering the stream channel. [}nprevious maintenance events, the
silt fencing and straw bale retaining wall was suitable for containing the sediment removed from the pond. However, the
sediment placed behind the retaining wall on 04/28/04 leaked due to an excessive amount of water, Approximately 4U0
gallons of sediment and turbid water were discharged into the dry stream bed and culvert under Fairview Road,
After meeting with Mr. Holder, Mr. Gucclardi and I inspected the stream and determined the extent of the impact from the
discharged sediment. Since there was no flow in the tributary, most of the sediment and turbid water remained in the tributary
and did not reach McMullen Creek. After inspecting the tributary and McMullen Creek, ( requested Haz-Mot-toremove the
sediment and turbid water from the tributary via vacuum trucks,

PAGE NO: 2
SERVICE REQUESTWORK ORDER
and Kim Garrett (MCWQP) arrived at the site at approximately 3:45 pm with sample bottles and chain of custody
' Samples were collected upstream and downstream of the pond, and upstream and downstream of the tributary in
McMullen Creek.
In addition to the samples, MCWQP also measured water quality data with a YSI meter. The water temperature upstream nf
the pond was 15.86 degrees Celsius; the dissolved oxygen was 5.82 mg/L-, the specific conductivity was 310.0 um/cm; and
the pHwas 7.72. The water temperature downstream of the pond was 18,31 degrees Celsius; the dissolved oxygen was 1. 12
mD/L; the specific conductivity was 355.Oum/tm;and the pHwas 7.44- The water temperature approximately 5Ofeet
upstream of the tributary in McMullen Creek was 18.04 degrees Celsius; the dissolved oxygen was 9.05 mg/L; the specific
conductivity was 22S.0um/cm; and the pHwas 7.74. The water temperature approximately 15feet downstream ufthe
tributary inMcMullen Creek was 18.O7degrees Celsius; the dissolved oxygen was 3'54mg/L;the specific conductivity was
3O2.Uum/nm;and the pHwas 7.51. After the samples were collected, they were delivered in a chilled cooler to the MCWQP
laboratory for analyses,
Before leaving the site, MCWQP personnel met with Mr. Jack Holder (Haz-Mat) and discussed the additional clean up of the
tributary. Haz-Mat installed a containment boom in the tributary to minimize the amount of sediment entering McMullen Creek
during the remaining clean up(see attached pho0oo).
04/29/2004:
Calibrated the YS meter and drove back to 7500 Fairview Road and met with Mr. Jack Holder (Haz-Mat) to inspect the clean
up. Haz-Matpersonnel were observed stabilizing the stream bank with grass seed and straw. The remaining sediment inthe
tributary was flushed downstream and collected with evacuum truck.
After visually inspecting the creek, water quality data was measured in McMullen Creek upstream and downstream of the
tributary. The water temperature approximately 50feet upstream cfthe tributary was 18.28degrees Celsius; the dissolved
oxygen concentration was 8.55 mg/L; the specific conductivity was 238.0 um/cm; and the pH was 7.80. The water
temperature approximately 10 feet downstream of the tributary was 17.28 degrees Celsius; the dissolved oxygen
concentration was 7.52mg/L; the specific conductivity was 465.Oum/cm;and the pHwas 7.58. The water temperature
approximately 5Ofeet downstream cf the tributary was 17.50 degrees Celsius; the dissolved oxygen concentration was 7.05
mg/L; the specific conductivity was 380.Oum/tm;and the pHwas 7.GO.
04/30/2004:
Drove back <nthe site and met with Mr. Jack Holder rminspect the remaining clean up. After the sediment had dried further,
Hor-Matplaced fescue sod over the remaining sediment to stabilize the bank and prevent additional sediment from entering
the tributary. After inspecting the tributary, McMullen Creek was inspected. The containment booms appear Vobaworking
effectively. There was very little sediment observed in McMullen Creek downstream of the tributary.
Before leaving the site, | met with Mr. Holder. Since itwas forecasted to rain this weekend. Woagreed that the containment
booms should remain in the tributary over the weekend.
05104/2004-
DnovebaukUo75OOFo|miewRoadtopmrfunnfnUow'upinspeohoncfMhedeonup. The stream bank and tributary appeared
fine. After visually inspecting the tributary and McMullen Cnamk. | collected Y8| measurements in McMullen Creek downstream
nfthe tributary with uYS}meter. The water temperature was 1552degrees Celsius; the dissolved oxygen was 8.D8mg/L;
the specific conductivity was 157.Oum/cm;and the pH825, From ovisual inspection nfthe McMullen Creek and the YS|
data, the tributary has been properly cleaned upbyHez'K4et. / will request Haz-K8mthoremove the containment booms from
the tributary.
After inspecting the area, I contacted Mr. Jack Holder (Haz-Mat) and indicated that the tributary had been properly cleaned
up. | requested Haz-Ma ooremove the two containment booms from the tributary. Mr. Holder indicated that howould send u
clean up report to MCWQP and to Mr. Steve Gucciardi (Charlotte Land Development),
05/ 4/20O4:
Received aclean upreport from Haz-K4o¢(attunhed).
0517/2UD4:

PAGE NO: 3
SERVICE REQUEST/WORK ORDER
py of he Haz-Mat clean up report to Mr. Rusty Rozzelle to review.
05/25/2004:
Met with Mr. Rozzelle to discuss the Haz-Mat illicit discharge. Mr. Rozzelle requested that I draft a State NOV. However,
since the discharge was not intentional, Mr. Rozzelle did not want to issue a Notice for Regulatory Enforcement (NRE).
05/26/2004:
Drafted NOV and sent to Mr. Rozzelle and Mr. Derrick Harris to review.
06/08/2004:
After making the requested revisions, I sent the NOV to Mr. Derrick Harris for submittal to the NCDENR-Mooresville Regional
Office (attached).
COMMENTS
Attachments: Analytical data; Photos from site inspections; Cleanup report from Haz-Mat
SAMPLES
DISPOSITION, ETC.
NOTIFIED REQ PARTY: Y TIME ON SITE: 14:00
VERBAL OR WRITTEN: V TRAVEL TIME: 6:00
DATE NOTIFIED: 05/04/2004 ADMIN TIME: 9:00
NOTICE OF VIOLATION: Y MILEAGE: 0
LEGAL ACTION: N SITE VISITS: 0
WELL SAMPLE: N RECALL DATE: / /
OUTFALL SAMPLE: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOSED: / /
EMERGENCY RESPONSE: N
REVIEWED BY: / /

1,0
MAY 2 5 2004
NC DEPT. OF
AND NATU
MOORESVILLE R
May 24, 2004
Mr. Richard M. Bridgeman
Division of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
MENT
RCE$
OFFICE
Ref: Charlotte Block, Inc., Tracking # NOV-2004-PC-0031
Copy: Mr, Rusty Rozzelle, Mr. Jay Wilson, file
Dear Sir;
Thank you for your letter of May 7, 2004. I was not aware that we were so deficient in
our stormwater program. As of this date Charlotte Block has corrected the noted
violations with the help of Mr. Jay Wilson from Mecklenburg County, Water Quality.
We welcome a re -inspection of our facility to verify we are now in compliance with our
permit.
Areas of attention:
Records/Reports:
All records are now on file at Lightweight Block (Charlotte Block) and are available for
review.
On.

Page 2
Effluent/Receiving Waters;
Charlotte Block has constructed and will maintain a silt fence around the outflow area of
the sediment basin. This will help control the sheet flow silts from the property. The
driveway leading to the outflow area, (which carries much of the storm waters) has had
two layers of washed stone applied to filter sediments. This will also be monitored and
replaced as necessary.
Self -Monitoring Program:
Marvin Brown will collect water samples from the outflow area during each storm event,
when practical or at least twice a year as required in our permit. All samples will be
checked for sediments and presence of petroleum products. Results form these test will
be logged in the storm water file.
Pollution Prevention:
We now have scheduled training to make all employees aware of what do, incase of a
spill at this property. We will be monitoring our own business in a new way to insure
compliance with state and local governments to better the quality of our streams and.
lakes.
As stated earlier, these programs have been initiated and again I would like to thank Mr.
Jay Wilson for his help and guidance.
I am respectfully yours;
Thomas W. Hart
Lightweight Block Co.

Michael F
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Colon H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL,
RETURN RECEIPT REOUES'1`ED
Mr. Tom Hart, Vice President
Lightweight Block Co., Inc.
P.O. Box 555
Lexington, NC 27293
SUBJECT:
Dear Mr. Hart:
May 7, 2004
7003 2260 0001 3550 1359
NOTICE OF VIOLATION
Tracking No: NOV-2004-PC-0031
Compliance Evaluation Inspection
Charlotte Block, 5125 Rozzelles Ferry Rd.
Certificate of Coverage NCGO70010
Mecklenburg County, N.C.
On March 23, 2004, Messrs. James P. Wilson and Jonathon Beller of the Mecklenburg
County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This
inspection was conducted as part of a cooperative working agreement between Mecklenburg
County and the Division of Water Quality. The enclosed report should be self-explanatory.
This report is being issued as a Notice of Violation (NOV) because of violations of the
subject permit and North Carolina General Statute (G.S.) 143-215.1, as detailed under the
Records/Reports, Effluent/Receiving Waters, Self -Monitoring Program, Pollution
Prevention and Operations and Maintenance headings of this report.
It is requested that a written response, which addresses the noted violationsldeficiencies,
be submitted to this Office by no later than May 26, 2004. Please direct your response to Mr.
Richard Bridgeman of this Office. Additionally, please send a copy of this response to Mr. Rusty
Rozzelle of MCWQP at 700 N. Tryon St., Suite 205, Charlotte, NC 28202.
SIthCarolina
atura/fg Division of Water
`,rCDENR
Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Mr. Tom Hart
Lightweight Block Co., Inc.
Page Two
May 7, 2004
If you have any questions concerning this report or any other matters, please do not
hesitate to call Mr. Richard Bridgeman or me at this office.
Sincerely,
it)/
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Rusty Rozzelle, MCWQP
DRG/jpw
FILE: H:\ENV\EPICWQ1hiC?V\C arItrttcBlock0301423a.nov

United States Environmental Protection Agency, Washington, DC 20460
NPDES Compliance Inspection Report
North Carolina Department of Environment and Natural Resources --*-- Approval Expires
Division of Water Quality, Mooresville Regional. Office NCDENR 7/31/85
A A
Form Approved
OMB No. 2040-0003
Transaction
N
Code
5
Section A: National Data System Co
NPDES Permit No. YR/M©/DAY
NCG070010 04/03/23
Inspection Type Inspector Facility Type
C C 2
ion Work Days
2.2
nspec
Rema
klenburg County Water Quality Pro
Facility Self -Monitoring Evaluation Rating l31
1 N
QA
N
Section 13: FaData
Name and Location of Facili
Charlotte Block, Inc.
5125 Rozzelles Ferry Road
Mecklenburg County, NC
Entry Time:
14:30
Exit Time:
15:50
Date:
March 23. 2004
Permit Ef ecttve
y 1, 2003
Permit Expira
April 30, 2008
n Date:
Name(s) of On -Site Representative / Title(s) / Phone No(s):
Pete Brown / Plant Co -Manager / [phone]
Name and Address of Responsible
Mr. Tom Hart
Lightweight Block Co., Inc.
P.O. Box 555
Lexington, NC 2729
C:
uate L?u rtn
Title:
Vice President
Phone o.
[phone]
0
Contac
No
Permit
® Records/Reports
Facility Site Review
ftluent/Receiving Wa
® Flow
ent
® Self -Monitoring Program
© Compliance Schedules
® Operations & Maintenance © Sewer Overflow
El Sludge Handling/Disposal Pollution Prevention
© Pretreatment Program © Multimedia
© Stormwater © Other:
Su
of Findittss/Co
All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary
es P
n Bet
Signature of Reviewer.
'chard M. Bridgeman
ency/©
DWQ/MRO/704-66
699
Date:
April 22, 2004
April 22, 2004
Date:
EPA Form. 3560-3 (Revised 3-85) Previous
ditions are Obsolete

PERMIT:
Charlotte Block, Inc. holds General NPDES Stormwater Permit, NCG070010. The
permit was issued on May 1, 2003 and will expire on April 30, 2008. This permit authorizes the
permittee to discharge stormwater to the surface waters of the State or to the Municipal Separate
Storm Sewer System (MS4), providing that the permittee treats, controls, limits and monitors the
discharge as specified in the permit.
RECORDS/REPORTS:
A record of MCWQP databases and files was conducted prior to the inspection. There
was no relevant information noted.
Charlotte Block, Inc. was unable to provide any documentation or records indicating that
they were adhering to any section of the permit.
RATING: Unsatisfactory
FACILITY SITE REVIEW:
The facility is located at 5125 Rozzelles Ferry Road in Charlotte, NC and is engaged in the
manufacturing and distribution of concrete block products. The facility sits on a 3.7-acre tract in
west Charlotte, of which approximately 2.74 acres is impervious. Washed aggregate and cement
are delivered by truck and stored on site for mixing and production. The aggregate is stored
outdoors in large piles and the cement is stored in a hopper adjacent to the manufacturing
building. Manufactured block is stored outdoors on pallets.
There is an above ground diesel storage tank on site, which is protected by secondary
containment. Mr. Brown informed me that drain valve remains in the closed position and he
observes collected stormwater before it is released to the ground.
There is no MS4 on the site and all stormwater is conveyed as sheet flow to a single inlet
on the southeast corner of the property, which conveys it from the site, under the adjacent
railroad right of way and to an unnamed tributary to Paw Creek, a Class C water in the Catawba
River basin. Immediately before the inlet is a small settling basin. There is a constant flow
through the outfall pipe that originates as condensate from the manufacturing process and is
conveyed as sheet flow from the manufacturing building to the settling basin.
All vehicle maintenance is contracted out and activities associated with this process are
not conducted on site.

EFFLUENT/RECEIVING WATERS:
The outfall serving Charlotte Block was flowing during the inspection. The receiving
stream, an unnamed tributary to Paw Creek, a Class C water in the Catawba River basin, was very
turbid and concrete colored sediment was abundant in the stream channel and along the banks
(see attached pictures).
RATING: Unsatisfactory
SELF -MONITORING PROGRAM:
No records, documents or accounts were given for mandatory qualitative and quantitative
monitoring requirements.
RATING: Unsatisfactory
POLLUTION PREVENTION:
There is no Stormwater Pollution Prevention Plan (SPPP) for the facility according to Mr.
Brown. I was provided a small site map which may fulfill one requirement of the SPPP, but no
other components were provided or accounted for.
RATING: Unsatisfactory
OPERATIONS & MAINTENANCE:
Other than having the lot swept on an as -needed basis, there is little that was observed or
discussed that would indicate that the property is maintained to ini= i e stormwater impacts.
RATING: Unsatisfactory

Outfall Serving Charlotte Block, Inc. 3/23/04

16608 Grapperhall Drive
Hunttersville, N.C. 28078
May 10, 2004
Mr. D. Rex Gleason, P.E.
Water Quality Regional Supervisor
North Carolina Department of
Environment and. Natural Resources
Mooresville Regional Office
919 North Main Street
Mooresville, N.C. 28115
Dear Mr. Gleason:
MAY 1 2 200
I apologize about the waste of motor oil on my property. I tried to discard the used motor
oil at the landfill on Statesville Road (Hwy. 21) but the landfill was closed when I
arrived, so I took it back home to take later. Unfortunately, it rained very hard that night
and I work during the week when the landfill is open.
I have done the following to eliminate the problem:
1) Remove can of oil from my property.
2) Dug up contaminated soil.
3) Bagged the contaminated soil.
4) Taken the contaminated soil to Piedmont Landfill.
5) Picked up soil from the landfill.
6) Spread soil over dugged up area.
7) Planted grass seeds and added fertilizer
8) Watered the area.
I will closely monitor area progress over the next few weeks. Again, I am deeply sorry
for the inconvenience.
Sincerely,
immy Rodgers
cc: Mr. Rusty Rozzelle,MCWQP

Michael F, Easley,
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H, Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jimmy Rodgers, Owner
16608 Grapperhall Dr.
Huntersville, NC 28078
Subject:
Dear Mr. Rodgers:
April 28, 2004
7001 2510 0004 8286 3616
a
NOTICE OF VIOLATION
Incident No. 200400886
G.S. 143-215.75 - Oil Pollution and Ha7ardous
Substances Control Act of 1978
Discharge of Used Oil
16608 Grapperhall Dr., Charlotte
Mecklenburg County, N.C.
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.
On April 5, 2004, Mr. Michael W. Burkhard of the Mecklenburg County Water Quality
Program (MCWQP) conducted an investigation of your property located at 16608 Grapperhall Dr.
Huntersville, NC 28078. This investigation was conducted as part ofa cooperative working agreement
between Mecklenburg County and the Division of Water Quality. As a result of this investigation,
the following condition was found on the property in violation of G.S. 143-215.83(a):
Discharge of waste motor oil to the ground.
Further, the failures to immediately notify this Department of the discharge and to immediately
undertake to collect and remove the discharge are violations of G.S. 143-215.85 and 143-
215.84(a), respectively.
A
One
NiprthCarolina ENR
Adurally Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Mr. Jimmy Rodgers, Owner
Page 2
April 28, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal
discharge activity, to collect, remove and properly dispose of the discharge 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
potential for recurrent illegal discharges.
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(a), 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(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 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 discharges. The response should also indicate the disposal location for any
removed discharge material, contaminated soils, or waters. Please address your response to me
by no later than May 14, 2004, Also, please send a copy of this response to Mr. Rusty Rozzelle
of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or
me at 704/663-1699.
Sincerely,
D. Rex Gleason , P.E.
Water Quality Regional Supervisor
cc: Mr. Rusty Rozzelle, MCWQP
DRG/mwb
file h:/env/epiewq/nov/04-003 12

PIC-WQ.
1/12/2©04
SERVICE REQUEST/WORK ORDER
OG NUMBER: 2004-00312
ECTION: WQC
NVIRONMENTALIST: Michael Burkhard
IATURE OF REQUEST: Citizen's Request
ILE DESCRIPTOR 1: ID-6-HU-
'ILE DESCRIPTOR 2: BASIN 82
:ONTACT:
:OMPANY/WORKPLACE:
DDRESS:
SERENA RICARDEZ
DATE: 04/05/2004 OP 08:57
TAKEN BY: David Buetow
REQUESTING PARTY INFO
IUSINESS PHONE NO: [phone] HOME PHONE NO: [phone]
IOTIFICATION PROMPT:
FACILITY INFO
:OMPANY: BASIN 82 - MCDOWELL CREEK
1DDRESS: 16608 GRAPPERHALL DR
HUNTERSVILLE NC 28078-
:ONTACT: MR. JIMMY RODGERS
HONE NO: ( ) -
ACTIVITIES
BASIN 82
;ERVICE REQUESTED..:
;erena Ricardez (cell phone: [phone]) suspects that Jimmy Rodgers at 16608 Grapper Hall Dr. is dumping motor oil
ehind house on left side. She visits the house every few weeks for Energy United and has noticed a black puddle there and
concerned that oil will get into nearby creek. House is off Hwy 73 near David Kenney Farm Rd.
ACTION TAKEN.......:
lurkhard investigated complaint at 1:00 on 04/05/04. Photos were taken of the illicit waste oil discharge. The impacted area
approximately 4 feet wide and 20' long and is located at rear of property extending down toward an unnamed trib. of
lcDowell Crk. An oil pan and 2 five gallon buckets were observed next to the stained area. One bucket was 3/4 full of rain
rater.
state NOV will be sent to the owner Mr. Jimmy Rodgers.
'hotos were taken
:OMMENTS......
,ttachments
SAMPLES

OSv
PI Pine© l

THE LAW OFFICES OF
DANIEL A. FULCO, PLLC
215 Queens Road, Suite 200
Charlotte, NC 28204
[phone] - phone
[phone]— fax
DANIEL A. FULCO
PATRICK A. PITTS
KIMBERLY L. POE
LEAH N. GATES
December 10, 2003
North Carolina Department of Environment and Natural Resources
Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Attn: D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Re: Andy's Transmission Shop; 11 Beech Way Circle, Charlotte,
Mecklenburg County
Dear Mr. Gleason:
DEC 1 2 2003
I represent Andy Deramgazin, owner of Andy's Transmission Shop with regard to the
Notice of Violation letter you mailed November 17, 2003.
I understand the violation includes discharge of transmission fluid and oil to the ground
and the remedy includes collecting, removing and properly disposing of the discharge
material.
I have discussed this matter with my client and he intends to remedy the situation within
thirty (30) days of the date of this letter. He will remove the old transmissions from their
ground location and store them in a covered tractor trailer bed so that no further
discharges occur on the ground. As to the existing discharge on the soil, my client will
properly dispose of the topsoil and replace the same with fresh topsoil. These measures
will be complete within thirty days.

D. Rex Gleason, P.E.
December 10, 2003
Page 2
Please advise if this remedy plan is sufficient. If not, please advise what other measures
you require of my client at your earliest convenience. I thank you in advance for your
patience in this matter.
Very truly yours,
Kimberly Led Poe
Attorney at Law
cc: Rusty Rozzelle, MCWQP

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
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 17, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, Andy Dermmgazin, Owner
Andy's Transmission Shop
111-1 Beechway Circle
Charlotte, NC 28213
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
G.S. 143-215.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of Automotive Fluids
Andy's Transmission Shop
111-1 Beechway Circle, Charlotte
Mecklenburg County
Dear Mr. Dermagazin:
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.
On October 31, 2003, Mr. Derrick A. Harris of the Mecklenburg County Water Quality
Program (MCWQP) conducted an investigation of your property located at 111-1 Beechway Circle.
This investigation was conducted as part of a cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a result of this investigation, the following condition
was found on the property in violation of G.S. 143-215.83(a):
Discharge of transmission fluid and oil to the ground.
Further, the failures to immediately notify this Department of the discharge and to
immediately undertake to collect and remove the discharge are violations of G.S. 143-215.85 and
143-215.84(a), respectively.
wQ
NCDENR
Mooresville Reg
al 0fice.919 North Main Street, Mooresville, North Carolina 28116
Phone [phone]
Fax [phone]
Customer Service
1-877-623-6748

Mr. Andy Deramgazin, Owner
Page 2
November 17, 2003
To comply with the law, it will be necessary to immediately discontinue all illegal
discharge activity, to collect, remove and properly dispose of the discharge 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
potential for recurrent illegal discharges.
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(a), 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(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.
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 discharges. The response should also indicate the disposal location for any
removed discharge material, contaminated soils, or waters and include a copy of the analytical
documentation for the site remediation. Please address your response to me by no later that
December 5, 2003. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP
at 700 North Tryon Street, Suite 205, Charlotte, NC 28202.
The purpose of this letter is also to notify you that this Office is considering sending a
Recommendation for Enforcement to the Director of the Division for the subject violation. If you
have an explanation for the violation that you wish to present, please include it 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.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or
me at 704/663-1699.
Sincerely,
D. Rex G eason , P.E.
Water Quality Regional Supervisor
cc: Mr. Rusty Rozzelle, MCWQP
DRG/dah
File:H/env/epiciwq/nov/andy's trans03-0 1381

SERVICE REQUEST/WORK ORDER
PAGE NO:
LOG NUMBER:
SECTION:
ENVIRONMENTALIST:
NATURE OF REQUEST:
FILE DESCRIPTOR 1:
FILE DESCRIPTOR 2:
2003-01381
WQS
Derrick A. Harris
Citizen's Request
IC-F(1)-CI
CONTACT:
COMPANY/WORKPLACE:
ADDRESS:
MRGI, TANCE
BUSINESS PHONE NO: [phone]
NOTIFICATION PROMPT: Phone Book
DATE: 10/31/2003 @10:15
TAKEN BY: Derrick A. Harris
1 eDEPT. t3F
NATURAL RE
fillOORESViLt F PFGioNAL t7FpQe
REQUESTING PARTY INFO
COMPANY:
ADDRESS:
CONTACT:
PHONE NO:
HOME PHONE NO: (NA
FACILITY INFO
ANDY'S TRANSMISSION SERVICE
111 BEECHWAY CR, UNIT 1
CHARLOTTE NC 28213- -
Mr. Andy Deramgazin
( ) 535-4300
ACTIVITIES
2005
08901305
SERVICE REQUESTED..:
Tance Mrgi indicates that Andy's Transmission on 111 Beechway Circle dumps automotive fluids on the ground at the facility.
ACTION TAKEN.......:
10-31-03: I completed a file review and found that the facility had been inspected by C. Miller under the used oil program. The
facility had been issued two NOV's for discharge of automotive fluids to the ground.
I visited the site and found an abundance of transmissions sitting on a concrete pad in front of the facility. There was
automotive fluids on the concrete pad and also on the ground around the pad. I spoke with Mr. Andy Deramgazin, owner, and
informed him that he was in violation of the City of Charlotte Storm Water Ordiance and also N.C. General Statues for the
discharge of automotive fluids to the ground. I informed him that he has to keep automotive parts covered with a tarp or
canopy, or keep them inside to avoid their exposure to precipatation. I reminded him that he had been in violation on two prior
occasions and that I would be drafting a NOV with recommedations for enforcement because of the repeat nature of the
offense.
COMMENTS...........:
SAMPLES

T41/

, 4,
•
-
Michael F.
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleco H. Sullins, Deputy Director
Division of Water Quality
March 15, 2004
7003 2260 0001 3491 2118
Mr. Morris Alexander, Owner
University Carwash Oil & Lube
7723 University City Boulevard
Charlotte, NC 28213
Subject: NOTICE OF VIOLATION
Violation of G.S. 143-215.1(a)
Discharge of Wastewater
University Carwash Oil/Lube
7723 University City Boulevard
NOV-2004-DV-0004
Mecklenburg County, NC
Dear Mr, Alexander:
Chapter 143, Article 21 ofthe 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.
On February 23, 2004, Mr. Christopher Elmore of the Mecklenburg County Water Quality
Program (MCWQP) conducted an investigation ofyour property located at 7723 University City
Boulevard in Charlotte, NC. This investigation was conducted as part of a cooperative working
agreement between Mecklenburg County and the Division of Water Quality. As a result of this
investigation, the following condition was fotmd on the property in violation of G.S. 143-215.ka):
Disharge of wastewater to the stormwater collection system.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
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 falls 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. You will be advised of
anv enforcement recommendation.
N.KthCarolina
Aaturally Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115
[phone]
Av;Z.
NCDENR
Customer Sravice
1-877-623-6748

Mr. Morris Alexander
Page 2
March 15, 2004
To comply cth the law, it will be necessary to immediately discontinue all illegal discharge
acts. it is also recommended that you implement corrective actions to eliminate the potential for
recurrent illegal discharges.
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 me by no later than March 31, 2004. Also,
please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street,
Suite 205, Charlotte, NC, 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at
704/663-1699.
D. Rex Gleason, P.E.
Water Quality Regional Superviso
cc: Rusty Rozzelle, MCWQP
DRG/cfe
File name: 2004001 87A.nov.doc

EPIC - WC/
' 03/04/2©04
ACTIVITY REPORT
PAGE NO: 1
LOG NUMBER:
TYPE OF ACTIVITY:
FILE DESCRIPTOR:
2004-00187
Field Report
IC-F(1)-CIUNIVERSITY CAR WASH OIL & LUBE
SITE INFO
SITE
UNIVERSITY CAR WASH, OIL & LUBE
ADDRESS: 7723 UNIVERSITY CITY BV
CHARLOTTE NC 28213- -
CONTACT: Morris Alexander
BUSINESS PHONE NO: ( ) -
ACTIVITY
ACTIVITY DATE:02/19/2004
PARCEL ID: 04924107
2/19/04: I saw a sump pump discharging water from the water pits at the subject facility into the parking lot, and subsequently into a
storm drain located on the property. This water is recycled water used in the washing process. I made the property owner, Mr. Morris
Alexander, aware that this was against the Charlotte City Stormwater Ordinance and also that it was against N.C.G.S. 143.215.1. I
informed him that he would be receiving a NOV from the City of Charlotte for the discharge. I directed him to cease the discharge
immediately, which he did by unplugging the pump and removing it from the pit.(Pls. see attached photos of violation) Mr. Alexander
indicated at the time that he did not know that this was illegal and that some member of the Mecklenburg County Government had told
him that what he was doing was legal as long as it was only soap and water going down the drain. I informed him that this was
incorrect and asked who this person was. Mr. Alexander was unable to tell me, but indicated that it was a woman with the
Mecklenburg County Department of Environmental Protection.
Mr. Alexander indicated that the pump was discharging water to prevent his wash tunnel from flooding due to poor drainage. I told him
that this was not an acceptable measure to prevent that flooding. I contacted Scott Clark with Charlotte Mecklenburg Utilities and he
inspected the city lines that drain that facility. He indicated that the city lines were clear and that any drainage problem with on the
facility's portion of the sewer line. We made Mr. Alexander aware of these findings before we left the property.
I reviewed the records with the Mecklenburg County Water Quality Program on this facility. This facility was issued a City of Charlotte
NOV (pls. see attached copy) for violating Chapter 18, Article III, Section 18-55, Illicit Connections.
I discussed this situation with my supervisor Richard Farmer, and it was decided that the Mecklenburg County Water Quality Program
(MCWQP) would issue another City of Charlotte NOV.
2/23/04: I retumed to the subject facility and discovered that the sump pump had been returned to the water pit and that the facility
was discharging its wastewater illegally in exactly the same fashion as on 2/19/04. I confronted Mr. Alexander about this situation and
he claimed to have no knowledge of the illegal discharge. I took him around to the side of the building to show him the discharge. He
claimed that one of his employees must have put the pump back into the pit without his knowledge. I directed him to cease the
discharge, and to store the pump in an area of the facility well away from the water pit. Mr. Alexander did this as I watched. He was
then directed to cover the open access to the water pit so that it would not be accessible.
3/03/2004: Completed draft of State NOV and submitted it to Richard Farmer of MCWQP for review. Also submitted draft to Derrick
Harris of MCWQP for review.
3/04/2004: Corrected draft of NOV and submitted to Rusty Rozzelle of MCWQP for review.
ATTACHMENTS
SAMPLES

EPIC - WQ
03/04/2©04
ACTIVITY REPORT
PAGE NO: 2
STATUS: OPEN
DATE CLOSED: / /
TIME ON SITE: 5:00
TRAVEL TIME: 2:15
ADMIN TIME: 1:00
MILEAGE: 0
SITE VISITS: 0
ENVIRONMENTALIST:
REVIEWED BY:
SUMMARY
SIGNATURES
Chris F. Elmore
DATE
02/24/2004
DATE
//

PffBd

§
.a_

March 19, 2004
North Carolina Department of
Environment and Natural Resources
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
Subject: Contaminated Soil
Dear Sir:
MAR 2
Attached you will find the results of the soil testing at 501 Bowman Rd.
My intensions are to gather more soil at different depths to get additional testing.
The liquid water and kerosene have been disposed. Please find the receipts attached.
As soon as I extract additional soil samples, 1 will call Mr. Fiori of Autra and have him
send the soil samples off for further testing.
Yours truly,

FROM :RL.TURA ENVIRONMENTAL INC
FAX NO. :704 358 8196 Mar. 19 2004 01:13PM P1
FAX
Date
Number of pages Including cover
sheet
To:
btliffritiFi µC
Phone
Fax Phone
CC:
Urgent 1`/ For your review
Altura Environmental, Inc.
1300 South Mint Street
Suite 150
Charlotte, NC 28203
Phone [phone]
Fax Phone _g_04) 358-8196
eply ASAP �,j Please comment
- Confidentiality Note -
The pages accompanying this facsimile transmission contain information from Altura Environmental, Inc., which
is confidential or privileged. The information is intended to be for the use of the individual or entity named on
this cover letter. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or
use of the contents of this information is prohibited. If you have received this facsimile in error, please notify
us by telephone immediately so that we can arrange for the retrieval of the original documents at no cost to
you,

, FROM : ALTURt EN4 1 RCINMENTRL 1 NC FF1X NO. : 704 358 8196 Mar. 1.9 2004 01: t.3PM P2
h 19, 2004
ir. We A. McCullough
1107 Log Cabin Road
Charlotte, North Carolina 28213
'Analytical Results of Soil Samples
SO1 Rdwman Avenue
Charlotte, North Carolina
Altura Project No. 1203.001
Cull©ugh,
According to information provided by you, Mecklenburg County Land Use and EnvironmentalfScrvic s Agency
(LUESA), and,the North Carolina Department of Environment and Natural Resources (NCDENR), a container of
kerosene was left on the above referenced property and was open to the elements. As a result, precipitation tilled the
container and allowed the kerosene to spill onto' the ground staining the area around the container and impacting the
adjacent soils. It is Altura's'understanding that a representative of LUESA identified the spill, and along with the, '
NCDENR issued correspondence to you requesting that the impacted soils be removed from the site and properly
disposed. This container has been removed from the site and disposed by Eco-Flo. A receipt confirming disposal of
five gallons of kerosene and water is attached.
Per your request, Altura Environmental, Inc. (Altura) visited the above referenced residential property an March• ! 2,
2004 to eciI1ect soil samples. The stained sod, or area of impact, was removed with a baeklto and shrivel and
placed into two, ASS -gallon steel drums. Using a hand trowel and latex gloves, Altura collected a soil sample, fro
center of the excavation and placed the soil into laboratory supplied 4-ounce jars: 'The soil sample waspi
o an iced cooler and transported to Pace Analytical in Huntersville for analysis of gasoline and diesel ran
le* hydrocarbons (TPH), The sampling location is shown on the attached figure,
-cal results indicate that the soil remains impacted with kerosene as the diesel range: TPH anal
parts per million. Gasoline -range TPH were not detected in the soil sample as the results aver
method detection limit. A copy of the analytical report is attached. ,
We appreciate the opportunity to provide environmental consulting services to you. Should you r
information, please do not hesitate to call.
ONMENTAL, INC.
Michael A, Fiori, L.G.
Senior I1'drogealogist
Attachments
uire additiona

FROTURA ENVIRONMENTAL INC FAX NO. :704
Mar. 19 2004 01:14PM P3
a
rf 0
Al au44
'hi
t,
uP FCR REFERENCE

. FROM TURA ENV SRONMENTAL INC
FAX NO. :704 358 8196 Mar. 19 2004 01:14PM P4
Soil Drums
n
Area of Ecavafion
Soil Sample SS1
Altura
onmcntal, Inc.
So
ironmcntal, Inc.
41,
to Scale
Concrete Pad
W.A. McCullough
501 Bowman Avenue
Charlotte, North Carolina
olect No. '17.00
Figure 1.
Soil Sample Location
Map

FROM :RLTURR ENVIR©NMENTRL INC
FRX NO. :704 358 8196 Mar. 19 2804 01:15PM P5
aceAnalytical"
wtm:paCselebS,COm
March 17,
ter, Mike ►Sort,
Altura Environmental, INC.
1300 South Mint Street
Suite 150
Charlotte, MC 20203
RRt
pear Er. riorit
03623311
Boman Rd.
Pace Analytical Sarvins, Inc.
98©D Kincey Avenue, Suite 100
Fhe7WsvllIe, NC 28078
Phone; 704.8759092
Fax: 704,875.9091
Buclosed
Pe analytical result!' for aaspleial reeeived by the laboratory on March 12, 2004. Results reported
herein confoim to the soot current NsLAC standards, where epplicobler enle.s otherwise nsrrete4 in the body of
the report.
It you have piny iteatihna concerning this report please feel free to Contact me.
einc.rsly,
tlncioenra.
for
M vlllaCeul1108tlonJDo
NC Wastewater 40
NC DrInkIna Water 97712
SC Environmental 001390
EL NELAP g:876e0
REPORT QF LABORAATQRi ANALYSIS
This report Man !rot be reprottutea, sweep In fel,
titnout the wimp mien! at Paw erryswl Seviea, Inc,
Charlotte CettltloatI00.ID;
MC Wastewater 12
WC Drinkln0 Water 37706
SC M4000
FL NELAP E67627

FROM :ALTURA ENVIRONMENTAL INC
FRX NO. :704 358 8196
Mar. 19 2004 01:15PM P6
aceAnalytical
tvww.p.cel o..5m
Paco Analylklal Sirvl4u, Inc.
9808 Klncay Avenue, Suite 100
Nuntersvllle, NC 25078
Phone: [phone]
Fax [phone]
Lab Project Number* 9262238
client Project IPt Bowman lid.
A015%011te Certification 109
NC Wastewater 40
NC Prinking Water 37712
SC Env1ronrnorital 99030
FL NELAP E87048
• • •ALL QC IS t1D4' COMM POR QC 8.611PLE (8) :
WM 933969032 BA1c8 94136
REPORT OF LABORATORY ANM.YSIS
net We thlA n De r•pcdacad, eaeepl fn TA
*VW trwr ■rsrwI consent of Me Art rat Smla f, fna.
GtiallOtte CBniIIea1Itxt ii1
NC Wastewater 12
NC Prinking Water 57706
SC 99006
FL NELAP 6117827

FROM :ALTURA ENVIRONMENTAL INC
FAX NO. :704 358 8196 Mar. 19 2004 01:15PM P7
ace Analytical'"
W vhv. pacelebS, cOm
Solid results are reported on a dry weight basis
tab Semple Not 923975155
Client Sample TM 0S1
Parameters
Wet Chemistry
Percent Moisture
Percent Moisture
Pace Analytical Serial, Inc.
9800 Klncey Avenue, Suits 100
Huntersrllle, NC 28078
Phone, 704.875.9092
Fax 7004,8759091
Lab Project Number: 9262238
Client Project ID1 Bowman Rd.
Method: % Moisture
17.4
94
001 Date Collected: 03/12/04 11:30
Date Received' 03/12/04 16t55
03/15/04 09t47 DfW
GC Semivolatiles
TPR in Soil by 3545/5015 grip/$ethodt DP1 3545 / IPA 0015
Diesel 111e1 5300 1161/kg 610 03/16/04 16f33 RS0 66334-30-5
D-Pentaa©teae i0) 0 k 03/16/04 16:33 !SR 629-99-2
Data Extracted 03/13/04 03/13/04
GC V©latiles
GAB, Boil method: EPA 0015
©nv:li.no MD mg/kg
4-eromofluorobellaeme (S) 74 '4
AB*1114_CSNticattnn IDe
NC WRnowatar 40
NC Drinking Watnr 37712
SC Environmental 49030
FL NELAP E07G48
7,3 03/15/04 19t30 RTC
03/15/04 19130 STC 460-00-4
REPORT OF LABORATORY ANALYSIS
Ties owl enaf not be rrovvdead, roopt Intuit
without OR *sign r+orRane of Pm Meow Services, Inc.
=A UaLct.
Chatatasr uncatlnn ID4
NC W4stawater 12
NC Drinking Water 37706
sC 91000
FL NELAP E97627
Papa 1 of 7

FROM .:ALTURA ENVIRONMENTAL INC
FAX NO, :784 358 8196
Mar. 19 2884 81:15PM P8
Lab Sample No: 923975163
Client 0ataple XD; DRUM
parameters
wet Chemistry
Percent Moisture
Percent Moisture
Pace Analytical $uvknl, taa.
9800 !limey Amnia Suite 100
/nuuerswlle, NC 28078
MOM: 704,8759092
Fax: [phone]
Lab Project Mtaber: 9262238
Client Project ID: Bowman Rd.
Results Units Report Limit Analraed.
Method, 4 Moisture
16,2 ><
03/15/04 09:48 DIM
nets Collected; 03/12/04 11:25
Date Received: 03/12/04 1605
GC Bemivolatiles
TPH in Soil by 3545/8015 Prep/Method: IPA 3545 / IPA 8015
fieeel Suel 2600 og/kg 120 03/16/04 16:05 aS9 68334-30-5
n-Pentacvaene (8) 0 % 03/16/04 16:05 ROB 629-99-2
pate axtractekl 03/13/04 03/13/04
GC V©latilea
GAA, 80i1 Method: IPA 8015
Gasoline MD mg/kg
4-Bronofluorobenaene (9) 71
Datel d3/17
Mh v1ne Cet0Iptt8igflJQ3
NC Wnslewatbr 40
NC Drinking Wier 37712
SC Fnvlrenmencal 61030
rt.NELRP E87646
7.2 03/16/04 1300 OTC
03/16/04 13:20 arc 460-00-4
REPORT OF LABORATORY ANALY$I$
Ns wort shin net be repvadeael, except Pn tu4
wow Ine P/011en =WI of Pea enMy6ral Serrkrs, Mc,
t3ua1 BIar
Cam'6t cer 1 �fl niD4
NC Wastewater 12
NC Clinking Wator 37706
5C 90006
NFLAP E87627
Peg I 2 of 7

FROM :ALTURA ENVIRONMENTAL INC
FAX NO. :704 358 8196 Mar. 19 2004 01:15PM P9
aceAnalytical
wwnv.pacelacs.cvrn
Nee An*Iytkel Servlcss, hfo.
9800 k7ncey Avow%, Suite 100
Nunfersville NC 29070
704,675,9992
Fax:: 704$75.9091
Lab Project Ntnober: 9262238
Client Project ID: Doorman Rd.
LnorganiC Wet Chemistry and Motels Analyses were performed at our Pace Asheville laboratory and Organic
testing wee performed at our Pace Charlotte laboratory unless otherwise footnoted.
so mot detected at or above adjusted reporting limit
WC Not Calculable
Mstimated concentration above the adjusted method detection limit and below the adjusted reporting limit
lfeD6 Adjusted Method Detection Limit
(S) Surrogate
[I) surrogate etandardr were not recovered doe to sample dilution.
NC Wastowefer 40
NC Drinking Water 31712
SC Environmental 990330
FL NELAP E87648
REPORT OF LABORATORY ANALYST$
This report 0.16 nQ be reeroer 888. firee8t e ML
vonn00 rM Mattel cenerr ai Pan Mayon( Senoceg, inC,
G)LVtctte CertlIi$)Jon IDg
NC Wastewater 12
NC Drinking Water 37706
SC 9 0©6
FL NELAP 667627
tit 3of7

FROM :ALTURA ENVIRONMENTAL INC
FAX NO. :704 358 8196 Mar. 19 2004 O1:16PM P10
Pica Analytical Sanlcrs, Ina.
98t3 J Kinney kenos, Suite 100
HuniersWIM, NC 28078
Phone [phone]
Etc 704.8759081
QUALITY CONTROL DATA
Lab Project Number$ 9262230
Client Project TAt Bowman Rd.
QC Batch' 9d326
QC Batch Methods !PA 3545
Associated Lab Samuleat
Analysis Net
Analysis Doweript
923975155 923975163
METHOD BLAME: 923976062
Associated Lab 0ampleae 923975155 923975163
n-Pentecoaane (0)
015
4110110111.
Blank Reporting
VA1te Result Limit ""etnoLp1A..
tagtkg IND 5.0
3t 511
LABORATORY CONTROL 6A16PL62 923976070
Spike LCS LCS
Vat' Cone. Reeuit NAlt; Fveitmtea
mg/kg 166.70 112.6 68
t6
923975143 Dt3P
Parameter =its Ramat Result RR Footnotes
Diesel Peel mg/kg 2600 2400 9
n-Pentacoaane (9) k 0 0 1
AllUeLliktlaitaatalfa
NC Wastewater 40
NC Drinking Water 37712
SC EiwIr avniirtal "7"FL NELAP E87848
REPORT OF LABORATORY ANALYSIS
TMs tepon snit not to ntprodrwtl, awn in lun,
without 8Y WOttan renr4 of Piw AkM$ iI Unto, Int.
C0ark1Ite Cnrt t .flon.l2
NC Wastewater 12
NC Drinking 4W310r 37706
SC 01000e
FI, NELAP E87621
Puget 4 nt 7

FROM :ALTURA ENUIR©NMENTRL INC
FRX NO. :704 358 8196 Mar. 19 2004 01:16PM P11
INTAvpec, 1aas.com
Qc Batch: 94454
QC Batch Nethodt EPA 8015
Ammoniated Lab 5a*p1si1
MSTBbD BLAND; 423980023
Associated Lab 9anples:
Parameter _.
Gasoline
4-Bromntluorobensene (0)
0
Pace An,ly lc*I Services, Inc.
9800 Kiogey Avenue, Suite 100
►iunterevine, MC 29078
Phone: 704 875,9092
Fac 704175,9091
QUALITY CONTROL DATA
Lab Project Amber; 9262238
Client Project ID; Bowman Rd.
Aaalysie Isthodr EPA 8015
Analysis Description: OAS, Soil
923075155 923975163
923975155
s6
0
923975163
Blank Reportiup
Result Unit Pootnvtee
MD 6.0
79
Spike LC8 LCS
ParameteX__ Vnita Conc. Result +N.Rov
Gasoline 14ii/k0 50.00 55.12 110
77
4-Bronaluorcbenzene (9)
Parameter
Gasoline
4-Bronofluorobahtaene (8)
oakr•i 03/L7/04
SC Fmnr©nmental
FL NEAP
00155 923980163
Footnotes
923970225 Spike KB NSD NS N8D
mite Result, • _Luau. All • 1L. Aeault '&.11R 9& III footnote■
ma/kp 14.87 66.50 71.35 74.50 85 90 4
81 73
REPORT OF LABORATORY ANALYSIS
This report !MINA be reprOdmrd. awl In TO,
wllhoot the wmisn cartgnl of Pm Me ekil Sm one, bon.
Paver $ on 7

FROM :ALTURA ENVIRONMENTAL INC
FAX NO. :704 358 8196 Mar. 19 2004 01:16PM P12
Analytica
www.pecela©a.com
QC Hatch: 94384
QC match method:
Aae©ciated Lab r3amplee,
923975155
Paco Ansi)*El Sirvlcrs, inc,
9800 Kinct7r Avenue, Sults 100
NunteiSville, NC28078
Pharr 704.875.9082
Far,° 704.8759091
QUALITY CONTROL DATA
Lab Project number: 9262238
Client Project ID, Bowman Rd.
UMW Di7PLICATt: 923978175
Parameter
Percent moisture
pater 03/17/
923975155 DUP
Pate Result Result RPP Tootnotes.
% 17.40 26.70 42
Aahavllb.G9ruticatlaa !©6
NG Wastewater 40
NC Drinking Water 37712.
SC Kmlronmental 09030
FL NELAP E87648
REPORT OF LABORATORY ANALYSIS
Toe :aeon was not 4 ropredoc d, eccgrt In tuft
mirfeN the wrhron consent of Pas Araryiical Services, Ix.
OhadtSla.Qnrmlcanen Ids
NC Wastewater 12
NC 0rinldn9 Water 37706
SC OB006
FL NELAP E87627
1111011 6 at 7

,FROM »ALTURA ENVIRONMENTAL INC
FAX NO. :704 358 8196 Mar. 19 2084 81:16PM P13
Pave Anel$ics► Serdees, Inc.
9800 Klncey Avenue, Suite 100
Hunterslnille, NC 29078
Phone: [phone]
Far 791,875.9091
I.eb Project Numbers 9262238
Client Project ID: Bowmen Rd.
QUALITY CONTROL DATA PARAMI"I'ER FOOTNOTES
Consistent with RPk Quidelineu, unrounde4 aoxlaentretions are displayed and have been used to calculate % Rem and RFD values,
LCS(P) Laboratory Control Sample (Duplicate)
KS(D) Matrix Spike (Duplicate)
DUP 9anple Duplicate
MD Not detected at or above adjuatrd reporting limit
NC Not Calculable
a r.etimated concentration above the adjusted method detection limit and below the adjusted reporting limit
ISL1L Adjusted method Detection Limit
RFD Relative Percent Difference
(8) Surrogate
[1) Surrogate standards were not recovered due to sample dilution.
Date, 0347/04 Pager 7 at 7
/ailtavWuConHloOlosIDa
NC Wastewater 40
NQ Rrfnkin0 Water 27712
SC Errwirr+nmmrlal 99030
fL NELAP E87649
REPORT OF LAIORATORY ANALYSIS
isle raped shall ewer be reprWwamp, Prim In tam.
wrthrwt the wean carafe of Paw AnsheYcrl Seem tr'v
1601 ..co tU1Gi11on 10a
NO Wastewater 12
NC DrInkIn33 Water 37706
SC 60000
Ft. NELAP E97627

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kern COCV Rev 0901;

Michael F. Easley,
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleco H. Sullins. Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUES'I'ED
Mr. William McCullough, Property Owner
1107 Log Cabin Road
Charlotte, NC 28213
Subject:
Dear Mr. McCullough:
March 5, 2004
7003 2260 0001 3491 2033
NOTICE OF VIOLATION
G.S. 143-215.75 - Oil Pollution and Hazardous
Substances Control. Act of 1978
Discharge of Home Heating Oil
501 Bowman Road, Charlotte, NC
Mecklenburg County
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.
On February 10, 2004, Mr. Jonathan Beller of the Mecklenburg County Water Qtlity
Program (MCWQP) conducted an investigation of your property located at 501 Bowman Road. This
investigation was conducted as part of a cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a result of this investigation, the following condition
was found on the property in violation of G.S. 143-215.83(a):
Discharge of home heating oil to the ground at 501 Bowman Road.
The failures to immediately notify this Department of the discharge and to immediately
undertake to collect and remove the discharge are violations of G.S. 143-215.85 and 143-
215.84(a), respectively.
No tlt rolin
on of Water
AtstA
"CDENR
lle Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

William McCullough, Owner
Page 2
March 5, 2004
Tq comply with the law, it will be necessary 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 potential for recurrent illegal discharges.
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(a), 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(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 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 discharges. The response should also indicate the disposal location for any
removed discharged material, contaminated soils, or waters. Please address your response to me
by no later than March 22, 2004. Also, please send a copy of this response to Mr. Rusty
Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or
me at 704/663-1699.
Sincerely,
D. Rex Gleason , P.E.
Water Quality Regional Supervisor
cc: Mr. Rusty Rozzelle, MCWQP
DRG/jb
FILE: H:: PC 0 0 6 n v

Pri"
SERVICE REQUEST/WORK ORDER
PAGE NO:
LOG NUMBER: 2003-01169
SECTION: WQS
ENVIRONMENTALIST: Jonathan Beller
NATURE OF REQUEST: Citizen's Request
FILE DESCRIPTOR 1: IC-F(1)-CI
FILE DESCRIPTOR 2: BASIN 18
CONTACT:
COMPANY/WORKPLACE:
ADDRESS:
GIST, MARNEY
DATE: 08/25/2003 @ 16:03
TAKEN BY: David M. Caldwell
REQUESTING PARTY INFO
BUSINESS PHONE NO: ( ) - HOME PHONE NO: [phone]
NOTIFICATION PROMPT: Phone Book
FACILITY INFO
COMPANY: BASIN 18 - UPPER IRWIN CREEK
ADDRESS: 501 BOWMAN RD
CHARLOTTE NC 28217- -
CONTACT: WILLIAM MCCULLOUGH
PHONE NO: [phone]
SERVICE REQUESTED..:
home heating oil tank leaking oil to ground at 501 Bowman Rd.
ACTIVITIES
BASIN 18
ACTION TAKEN.......:
8/26/03
J. Beller investigated the claim that a heating oil tank was discharging to the ground at 501 Bowman Rd. The incident was
phoned in by Nornnie Gist who is the current resident at the address. Ms. Gist son showed J. Beller to the back of the
property were there was a 500 gallon AST stored in the comer of the yard. The AST had been pumped out and approximately
40 gallons of heating oil was contained inside a plastic trash can near the AST. There was no lid on the trash can and it was
not under cover. Ms. Gist son did not know the phone number to the landlord but stated that his last name was McCullough.
J. Beller looked up the residents address on Polaris and found that William McCullough owned the property and currently
resides at 1107 Log Cabin Rd. There was no listing in the phone book for a Mr, William McCullough at 1107 Log Cabin Rd.
J. Beller left a message on Ms. Gist answering machine asking her to please find a contact number for Mr. McCullough and
call back with the information,
8/27/03
J. Beller spoke with Ms. Gist and she stated that she still did not have any phone numbers for her landlord but that they pay
rent to Janice McCullough who works at Nations Bank on S. Tryon St. J. Beller called Nations Bank and spoke with a
representative who stated that Mrs, McCullough was on vacation and would not return until Sept. 8th.
9/8/03
J. Beller left a voicemail to Mrs. McCullough in regard to the problem at 501 Bowman Rd.
9/10/03
J. Beller called Nations Bank @ [phone] where Mrs. McCullough works and was informed that she is out sick for the
rest of the week.
9/30/03
J. Beller spoke with Ms. Gist again and she stated that the heating oil was still being stored in her back yard. J. Beller called
and left another message with Mrs. McCullough at Nations Bank,

PAGE NO: 2
SERVICE REQUEST/WORK ORDER
10/15/03
J. Beller left a message with Mrs. McCullough at Nations Bank,
10/26/03
J. Beller left a message with Mrs. McCullough at Nations Bank.
11 /18/03
J. Beller went to the property at Bowman Rd. and the container of heating oil was still being stored uncovered near a shed on
the property.
J. Beller left a message with Mrs. McCullough at Nations Bank.
12/10/03
J. McCulloch called Jan McCullough at and left her a voicemail explaining the possible penalties if the drum containing the
heating oil was to spill onto the ground. J. McCulloch asked Mrs. McCullough to call Mr. Beller or himself ASAP so that we
can resolve the situation.
2/10/04
J. Beller went to the Bowman Rd. to place a lid on the trash can with the fuel in it to prevent rainwater from overflowing and
spilling the fuel to the ground. The fuel had reached the level of the handles and was leaking to the ground. The ground was
stained and had an odor of heating oil. J. Beller took photographs of the trash can and affected area.
2/11/04
J. Beller prepared a State NOV for the discharge of heating oil to the ground.
2/12/04
J. McCulloch contacted Mrs. McCullough and informed her that a State NOV was being sent to her residence for the oil spill,
J. Beller and J. McCulloch spoke with Mr. McCullough and informed him that he needed to dispose of the soil and
contaminated oil and water properly and provide this office with disposal manifests for the materials.
2/13/04
J. Beller went to 501 Bowman Rd, to meet with Mr, McCullough, Mr. McCullough had already left the scene when J. Beller
arrived. J. Beller investigated the area and found that the drum containing the heating oil had been removed. J. Beller
contacted Mr. McCullough and reinterated the fact that this office needed a disposal manifest for the oil. Mr. McCullough
stated that he would provide the information and that he was highering a clean-up company to do the rest of the clean-up. Mr.
McCullough stated that he would call once he had chosen a clean-up company.
2/17/03
J. Beller recieved a call from Mike Fiori with Altura Environmental. Mr. Fiori stated that Mr. McCullough contacted him for a
clean up estimate for the contaminated soil.
COMMENTS...........:
See attached photos.
See attached NOV.
SAMPLES

DISPOSITION, ETC.
FIED REQ PARTY: Y TIME ON SITE: 0:30
VERBAL OR WRITTEN: V TRAVEL TIME: 0:30
DATE NOTIFIED: 09/08/2003 ADMIN TIME: 1:00
NOTICE OF VIOLATION: Y MILEAGE: 0
LEGAL ACTION: N SITE VISITS: 0
WELL SAMPLE: N RECALL DATE: / /
OUTFALL SAMPLE: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOSED: / /
EMERGENCY RESPONSE: N
REVIEWED BY:
//

TEREX
March 6, 2004
D. Rex Gleason, PE
Water Quality Regional Supervisor, Division of Water Quality
North Carolina Department of Environment and Natural Resources
919 North Main Street
Mooresville, NC 28206
Subject: Notice of Violation at Terex Utilities South — 1238 Amble Dr, Charlotte NC
Dear Mr. Gleason:
NC DEPT. OF
tTURAL RESOUR
MAR 1 5 2004
Thank you for your letter of February 23 regarding the Terex Utilities South facility, located at
1238 Amble Drive in Charlotte. The Notice of Violation concerned flow from an exterior
pressure washer onto the ground. The facility discontinued operation of the exterior pressure
washer on February 12, immediately after the problem was identified.
Terex has contacted both Mecklenburg County and the City of Charlotte regarding requirements
for discharge authorization of the pressure washer effluent to the Charlotte -Mecklenburg County
Utility District (CMUD) Publicly Owned Treatment Works. At this writing, it is Terex's
intention to construct a wash pad inside of the existing building according to the guidelines
provided by Ms. Ruby Tarver of Charlotte -Mecklenburg Utilities' Environmental Management
Division.
The proposed wash pad will be designed to prevent any contact of wash water with the building
exterior, the ground, surface water or stormwater. The wash pad will also incorporate an
oil/water separator and grit removal approved by the CMUD Environmental Management
Division. Construction will conform to the Mecklenburg County Construction Building
Standards.
In addition to constructing a wash pad inside the building, all employees will receive refresher
training in stormwater regulations. The training will be complete by March 24, 2004.
Documentation of the training, details of wash pad construction and an Operations and
Maintenance Manual will be forwarded to the DWQ on request.
Terex takes its environmental responsibilities seriously, and we look forward to resolving the
problem quickly and effectively. Please feel free to contact me if you have comments or
questions.
Sincerely,
14441
on, PE
nvironmental Services
498-7313
cc: Rusty Rozelle, MCWQP
18340 NE 76" Street * Redmond, WA 98502

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
Coleen H. Sullins. Deputy Director
Division of Water Quality
CERTICII* WD
RETURN RECEIPT REO
February 23, 2004
D 7003 2260 0001 3491 1968
Mr. Bill Goodnight, Branch Manager
Telelect Southeast
1238 Amble Drive
Charlotte, NC 28206
Subject: NOTICE OF VIOLATION
Violation of G.S. 143-215.1(a)
Discharge of Wastewater
Telelect Southeast
1238 Amble Dr., Charlotte
Mecklenburg County, NC
Dear Mr. Goodnight:
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.
On February 12, 2004, Mr. Derrick A_ Harris of the Mecklenburg County Water Quality
Program (MCWQP) conducted an investigation of your property located at 1238 Amble Drive. This
investigation was conducted as part of a cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a result of this investigation, the following condition
was found on the property in violation of G.S. 143-215.1(a):
Discharge of wastewater to the ground.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
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 G.S. 143-215.1. Penalties may also be aesxed 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.
No thCarolina
Naturally Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115
[phone] Customer Service
1-87 7-623-6748

Mr. Bill Goodnight
Telelect Southeast
Page 2
February 23, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal discharge
activity. It is also recommended that you implement corrective actions to eliminate the potential for
recurrent illegal discharges.
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 me by no later than March 12, 2004. Also,
please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street,
Suite 205, Charlotte, NC, 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at
704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervise
cc: Rusty Rozzelle, MCWQP
DRG/dah
HAENv\wcyNovlreideasm

EPIC - WQ
02/13/2004
SERVICE REQUESTCORK ORDER
PAGE NO:
LOG NUMBER: 2004-00144
SECTION: WQS
ENVIRONMENTALIST: Derrick A. Harris
NATURE OF REQUEST: Citizen's Request
FILE DESCRIPTOR 1: IC-F(1)-CI
FILE DESCRIPTOR 2: BASIN 1
CONTACT:
COMPANY/WORKPLACE:
ADDRESS:
FREI, JIM
BUSINESS PHONE NO: (919) 816-©591
NOTIFICATION PROMPT: Other
DATE: 02/13/2004 @09:48
TAKEN BY: Derrick A. Harris
REQUESTING PARTY INFO
COMPANY: TELELECT SOUTHEAST
ADDRESS: 1238 AMBLE DR
CHARLO I 1 E NC 28206-
CONTACT: Bill Goodnight
PHONE NO: [phone]
HOME PHONE NO: ( ) -
FACILITY INFO
ACTIVITIES
08709208
SERVICE REQUESTED..:
I received in e-mail from Richard Bridgeman of MRO indicating that a consultant observed a washwater discharge coming
from a facility at 1238 Amble Drive.
ACTION TAKEN.......:
2-11-03: I received an e-mail from Richard Bridgeman of MRO indicating that an wash water discharge was observed by Mr.
Jim Frei while providing stormwater permit compliance services for a client. The discharge was observed on 2-10-03 at a
facility located at 1238 Amble Drive.
2-12-03: I visited the site and there is a storm drain located in the yard of the Telelect Southeast facility that discharges to an
adjacent property through a metal culvert. It was raining at the time of my visit and there wasn't any visible signs of oil or
detergents being discharged. I spoke with Mr. Bill Goodnight, Branch Manager, and he informed me that they often wash
their fleet of trucks in the yard of the facility and allow the wash water to discharge to the storm drain. I informed him that the
practice discharging non-stormwater to the storm drain is illegal and must be ceased immediately. Mr. Goodnight indicated
that he was aware that the storm drain was strictly for stormwater and had submitted a request to his superiors to include
some alternatives to washing the fleet on site in their upcoming budget. I informed him that he would have to collect the wash
water and discharge it through an oil/water separator. I suggested that he take his fleet to a truck washing facility.
2-13-03: I drafted an NOV for the discharged an forwarded tt to J. cCulloch f r his review.
COMMENTS...,.......:
See attached e-mail
SAMPLES

CHARL _T
PIPE and FOUNDRY COMPANY
P.O. Box 35430 • Telephone [phone]
CHARLOTTE, NORTH CAROLINA 28235
Foundry Fax No. 332-4581
4 March 2004
Mr. D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Division of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville NC 28115
R
"PT.. t
RE: NOV G.S. 143-215.75 — Oil Pollution and Hazardous Substances Control Act
of 1978: Discharge of Hydraulic Oil
Dear Mr. Gleason:
This letter is submitted in response to the letter from your office dated February 23, 2004
regarding the subject referenced above.
Charlotte Pipe's commitment to being a good environmental neighbor begins with our
corporate management team and is supported every day by our employees. Our
philosophy has been — and continues to be — more than simple compliance. It is a
proactive approach to environmental stewardship. Our Company is committed to
resolving the issues brought forth by the NOV and will make every effort to satisfy the
requests of your office and redouble our efforts to prevent future violations.
On February 10, 2004 Mr. Mark Popincalk and Mr. John McColloch of the Mecklenburg
Water Quality Program conducted and investigation on our property in an effort to locate
the source of and oily substance being discharged to Irwin Creek. During the
investigation the Charlotte Fire Department's HazMat crew was called to boom the creek
to prevent additional amounts of the substance from entering the creek. Further
investigation of our facility revealed an oily substance in a storm water drain. After
samples of the substance were taken at the creek by Mr. John McColloch it was decided
that since the substance had been contained and the weather forecast was not predicting
rain, clean-up of the substance could commence the following morning.
On February 1.1, 2004 Charlotte Pipe contracted Shamrock Environmental Corporation to
collect and remove the discharged material and restore any affected areas in Irwin Creek
as well as remove the remaining substance on our property. Mr. John McColloch
returned to our site with Mr. Bob Rosen from EPA Region 4 to help determine the cause
of the discharge. During our meeting, it was determined that the substance in question
CAME
ANAL OFF►

was leaking hydraulic oil from a manufacturing process. The point of entry was through
a covered storm drain located in the plant used to direct storm water from a roof drain to
the storm water collection system. Once the cause of the discharge was located Mr.
David Waggoner, EMS Facilitor for Charlotte Pipe, contacted the Mooresville Regional
Office at 704.663.1699 to inform them of the discharge. A voice message was left
referencing case # NRC712980 and our call was not returned. With the source of the
discharge contained and a plan in place to prevent any future discharge, Mr. John
McColloch and Mr. Bob Rosen left the site.
To prevent future hydraulic oil discharges from the manufacturing process, a 4" concrete
curb was constructed around the drain and the solid steel covers were replaced. Please
see Figure 1.
All materials collected by Shamrock Environmental Corporation were manifested,
solidified and disposed of in a Subtitle D landfill. Please see the enclosed letter from
Shamrock Environmental Corporation.
If you have any other questions or concerns regarding this matter please feel free to
contact Mr. David Waggoner or me at 704.332.2647.
Sincerely,
Bill Wiebking
CC: Mr. Rusty Rozzelle, MCWQP
Mr. John McColloch, MCWQP
Mr. Bob Rosen, On -Scene Coordinator EPA Region 4
Mr. Roddey Dowd Jr., President Charlotte Pipe and Foundry Company
Mr. Marshall Coble, Sr. Vice President Charlotte Pipe and Foundry Company
Mr. Greg Simmons, Vice President/Technical Director Charlotte Pipe and
Foundry Company
Mr. David Waggoner, Environmental Facilitator Charlotte Pipe and Foundry
Company
Enclosures

Figure 1: New Curbing and Covers on Stoic Drain.

MAR
2001 05:25P FROM:
TO: TO i3324581 P: 2'2
R(N ENTAL CORPORAT#C3N
Thursday, March 04, 2004
Bill Weibking
Charlotte Pipe & Foundry Co.
P.©.Box 35430
1335 S. Clarkson St.
CHARLOTTE, NC 28235
Dear Mr. Weibking:
Per your request, I am providing this information to advise the disposition of the non hazardous waste
that was removed and disposed of from your site as the result of recent petroleum services.
Various river boom, pads and associated personal protective equipment (PPE)
associated with the above were bagged, drummed and transported off site via
Shamrock Environmental Corporation (SEC). The waste materials were manifested and
transported to our facility in Greensboro, NC where they were co -mingled with similar
materials under SEC's control, solidified, and disposed of in a Subtitle D Landfill as
Shamrock's waste.
Should any further information be needed, please let me know at your earliest convenience. Your
utilization of Shamrock's services is very much appreciated and we look forward to working with you as
the need presents itself.
Regional Accounts Manager
Website; wwwsbamrockenvirv.com w'
PO- Box 14987 . Greensboro, NC 27415 m 6106 Corporate Park Dr.. Browns 5tarstrr2it, NC 27214 9 336-375-1989.800-881m1098 Fax [phone]
E-mail: info t shamrockenviro.com

William G. Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H, Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Mr. Roddey Dowd, President
Charlotte Pipe & Foundry Co.
2109 Randolph Road
Charlotte, NC 28207
Subject:
Dear Mr. Dowd:
February 23, 2004
7003 2260 0001 3491 1951
NOTICE OF VIOLATION
G.S. 143-215.75 - Oil Pollution and Ha,ardous
Substances Control Act of 1978
Discharge of Hydraulic Oil
Charlotte Pipe & Foundry Co.
1335 S. Clarkson St., Charlotte
Mecklenburg County, N.C.
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.
On February 10,° 2004, Messrs. Mark Popinchalk and John McCulloch of the Mecklenburg
County Water Quality Program (MCWQP) conducted an investigation of your property located at
1335 S. Clarkson St. This investigation was conducted as part of a cooperative working agreement
between Mecklenburg County and the Division of Water Quality. As a result of this investigation,
the following condition was found on the property in violation of G.S. 143-215.83(a):
Discharge of hydraulic oil to Irwin Creek via the municipal storm water collection
system. Irwin Creek is a Class C stream in the Catawba River Basin.
Further, the failures to immediately notify this Department of the discharge and to
immediately undertake to collect and remove the discharge are violations of G.S. 143-215.85 and
143-215.84(a), respectively.
One
N©rrthCarolina
,Naturally Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone]
Customer Service
1-877-623-6748

Mr. Roddey Dowd
Charlotte Pipe & Foundry Co.
Page 2
February 23, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal
discharge activity, to collect, remove and properly dispose of the discharge 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 implernent corrective actions to eliminate the
potential for recurrent illegal discharges.
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(a), 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(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 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 discharges. The response should also indicate the disposal location for any
removed discharge material, contaminated soils, or waters. Please address your response to me
by no later than March 12, 2004. Also, please send a copy of this response to Mr. Rusty
Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC 28202.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgman or
me at 704/663-1699.
Sincerely,
D. Rex Gleason , P.E.
Water Quality Regional Supervisor
cc: Mr. Rusty Rozzelle, MCWQP
DRG/mjp
C\WQ\NOV0400126.Charlotte Pipe

EPIC - WQ
02/13/2004
SERVICE REQUEST/WORK ORDER
PAGE NO:
LOG NUMBER: 2004-00126
SECTION: WQS
ENVIRONMENTALIST: Mark Popinchalk
NATURE OF REQUEST: Citizen's Request
FILE DESCRIPTOR 1: IC-F(1)-CI
FILE DESCRIPTOR 2: CHARLO I I E PIPE & FOUNDRY
CONTACT:
COMPANY/WORKPLACE:
ADDRESS:
EARL PEGLAR
DATE: 02/10/2004 @ 13:50
TAKEN BY: John McCulloch
REQUESTING PARTY INFO
BUSINESS PHONE NO: [phone] HOME PHONE NO: ( ) -
NOTIFICATION PROMPT: Government
FACILITY INFO
COMPANY: CHARLO I I E PIPE AND FOUNDARY COMPANY
ADDRESS: 1335 S CLARKSON ST
CHARLO I I E NC - -
CONTACT: BILL WEIBKING
PHONE NO: [phone]
ACTIVITIES
07326102
SERVICE REQUESTED..:
Earl Peglar of CMU called to report a grey/black creek at the "Old Post Office" at W. Morehead Street past 1-77. Please call
Earl at 574-0115. He is waiting to meet someone at the site,
ACTION TAKEN.......:
2/10/2004
I, Mark Popinchalk of the MCWQP, met with Earl Piegler of CMUD. There was oil coming out of an outfall into Irwin Creek at
the juncture of Irwin Creek and Summit Avenue. We traced the storm drain up to Clarkson Avenue under 1-277. There was
oil in the storm drain. Charlotte Pipe and Foundry was immediately upgrade of this manhole. We followed the storm drain
line to Penman avenue near the railroad tracks upgradient of the Charlotte Pipe and Foundry facility. There was no evidence
of oil in the storm drain at this point.
I met with David Wagner, Project Engineer and Bill Wiebking, Project Engineer, of Charlotte Pipe and foundry. We toured the
facility. I inspected various storm drains and the plant looking for the source of oil. They did not have any facility maps and I
could not determine the origin of the oil.
John McCulloch of the MCWQP, met me at the Irwin Creek outfall. The Charlotte Fire Department was notified to place
booms in Irwin Creek to capture the oil since there was no responsible party. The NRC (EPA) was also contacted. We met
with Bill Weibking of Charlotte Pipe and foundry and conducted further investigation of the facility. We isolated the storm
drain that appeared to be close the source of oil. The storm drain appeared to drain only the plant. We informed Mr.
WiebKing that it appears that the Charlotte Pipe and foundry was the source of the oil and that they would be required to
perform remediation of the oil.
2/ 11 /2004
Charlotte Pipe and Foundry had contacted Shamrock Environmental to cleanup
the oil spill. The Bob Rosen and Mike Misenheimer of the federal EPA arrived to investigate the oil spill. John McCulloch and
I met with them to determine the source of the oil. Both agencies met with Bill Wiebking and David Wagner to investigate the
spill. We had storm drain maps of the facility and determined that the storm drain that appeared to be closest to the source of
oil originated on the plant property. While both agencies, EPA and MCWQP, were at the facility, the source of the oil was
found and eliminated. A hydraulic unit was leaking hydraulic oil into an obscure covered floor drain, The EPA issued a Notice
of Federal Interest (See attached) while on -site.

EPIC - WQ
02/13/2004
SERVICE REQUEST/WORK ORDER
PAGE NO: 2
Charlotte Pipe and Foundry was going to flush any residual oil from the storm drain while Shamrock Environmental still had
booms up at the Irwin Creek outfall.
2/12/2004
I Drafted the NOV
2/13/2004
NOV circulated for review.
COMMENTS...........:
See attached: Notice of Federal Interest, NOV
SAMPLES
DISPOSITION, ETC.
NOTIFIED REQ PARTY: Y TIME ON SITE: 27:00
VERBAL OR WRITTEN: V TRAVEL TIME: 5:00
DATE NOTIFIED: 02/11/2004 ADMIN TIME: 3:00
NOTICE OF VIOLATION: Y MILEAGE: 0
LEGAL ACTION: N SITE VISITS: 0
WELL SAMPLE: N RECALL DATE: / /
OUTFALL SAMPLE: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOSED: / /
EMERGENCY RESPONSE: N
REVIEWED BY: / /

Storm drain outfall at Irwin Creek draining Charlotte
Pipe & Foundry and surrounding areas. Shamrock
Environmental Performing Cleanup. 02/11/2004
Hydraulic oil sheen on Irwin Creek. 02/11/2004
Storm drain outfall impacted with hydraulic oil at Irwin
Creek. 02/11/2004

Hydraulic oil at the base of storm drain outfall.
02/11/2004
Basin below storm drain outfall. 02/11/2004

MEMORANDUM
TO:
FROM:
PREPARED BY:
SUBJECT:
February 25, 2004
Jeff Poupart
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Mecklenburg County Department of Environmental Protection and
Richard Bridgeman
Enforcement Action
Violations of G.S. 143-215.83, 143-215.84, and 143-215.85
Andy's Transmission Services
Mecklenburg County, North Carolina
Attached please find an enforcement report which details violations by the subject
corporation. If you have any questions, please contact Richard Bridgeman or me at this office.
Based on a review of the response to the NOV/NRE issued to the violator on 11/17/03,
this Office still recommends an enforcement action.
Attachment
cc: Mr. Rusty Rozzelle, MCWQP
DRG/dah

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MATTER OF:
ANDY'S TRANSMISSIONS SERVICES
FOR VIOLATIONS OF:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NORTH CAROLINA GENERAL STATUTE
143-215.83, 143-215.84, and 143-215.85
File No. OC—
FINDINGS AND DECISIONS
AND
ASSESSMENT OF CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Alan W. Klimek, P.E., Director of the Division of Water
Quality (DWQ), make the following:
I. FINDING OF FACT:
A. Andy's Transmissions Services is a corporation organized and existing under the
laws of the State of North Carolina.
B. Mr. Andy Deramgazin owns Andy's Transmissions Services, which is located at
111-1 Beech Way Circle in Charlotte, North Carolina.
C. On October 31, 2003, Mr. Derrick A. Harris of Mecklenburg County Water
Quality Program (MCWQP) visited the site and observed transmission parts on a
concrete pad leaking automotive fluids. There was also significant staining on the
ground around the concrete pad. A Notice of Violation was issued on November
17, 2003. A written response from the Law Offices of Daniel A. Fulco, PLLC
dated December 12, 2003, indicated that Andy's Transmissions Services agrees to
comply with the Notice of Violation within 30 days of the response. On February
10, 2004, Mr. Derrick A. Harris of MCWQP visited the site and determined that
no cleanup measures have been taken.
D. 'On June 16, 1998, Mr. Craig Miller of Mecklenburg County Department of
Environmental Protection (MCDEP) conducted an inspection of the facility and
requested that the leaking transmission parts being stored on a concrete pad in the
rear of the facility be covered by a tarp, canopy or moved indoors.

Findings and Decisions
Andy's Transmission Services
Page Two
E. On September 29, 1998, Mr. Craig Miller of Mecklenburg County Department of
Environmental Protection (MCDEP) conducted a follow-up inspection at the site
and there continued to be leaking transmission parts on the ground. As a result of
the failure to comply, the facility was issued a City of Charlotte Notice of
Violation. Because MCDEP had not received a written response from Andy's
Transmission Services, Mr. Craig Miller revisited the site on December 12, 1998
and observed that the parts continued to be improperly stored. A second City of
Charlotte Notice of Violation was issued to the facility. On January 28, 1999, Mr.
Craig Miller visited the site and observed that the parts continued to be
improperly stored. On February 3, 1999, Mr. Craig Miller visited the site and
spoke with Mr. Andy Deramgazin and discussed the lack of compliance with the
Notice of Violations. Mr. Andy Deramgazin agreed to have the situation
addressed by February 28, 1999. On March 5, 1999, Mr. Craig Miller and Ms.
Shawn Tatum of MCDEP visited the site and the problems had not been
addressed. On March 10, 1999, Mr. Craig Miller and Mr. Rusty Rozzelle of
MCDEP visited the site. Mr. Rozzelle suggested that the property owner be
notified of the visit and findings via letter. On March 16, 1999 a letter was
forwarded to Mr. Larry Wright, property owner, requesting his assistance in this
matter. On April 20, 1999, Mr. Craig Miller of MCDEP visited the site and noted
all parts had been properly stored.
F. G.S. 143-215.83 makes it unlawful to discharge, or cause to be discharged, oil or
other hazardous substance into or upon the waters or lands within the State,
regardless of the fault of the person having control over the oil or other hazardous
substance, or, regardless of whether the discharge was the result of intentional or
negligent conduct, accident or other cause, without first obtaining a permit under
G.S. 143-215.1.
G. G.S. 143-215.84 requires any person having control over the discharge of oil to
immediately collect and remove discharged oil and to restore the area affected by
the discharge to the condition existing prior to the discharge.
G.S. 143-215.85 requires every person owning or having control over oil
discharged without a permit to immediately notify the Department of
Environment and Natural Resources (DENR) of the nature, location, and time of
the discharge and of the measures which are being taken to contain and remove
the discharge.
"Oil" is defined in G.S. 143-215.77(8) to include oil of any kind in any form
including, but not limited to, petroleum, crude oil, diesel oil, fuel oil, gasoline,
lubrication oil, oil refuse, oil mixed with other waste, oil sludge, petroleum related
products or by-products, and all other liquid hydrocarbons, regardless of specific
gravity, whether singly or in combination with other substances.
Andy's Transmissions Services did not notify DENR of the nature, location, or
time of the discharge and the actions being taken to contain and remove the
discharge, as required by G.S. 153-215.85.

Findings and Decisions
Andy's Transmission Services
Page Three
K. Andy's Transmissions Services failed to undertake irr mediate action to clean up
the spill as required by G.S. 143-215.84.
L. On November 17, 2003, the Mooresville Regional Office issued a Notice of
Violation and Recommendation for Enforcement for violation of G.S. 143-
215.83, 143-215.84, and 143-215.85.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Andy's Transmissions Services is a "person" within the meaning of G.S. 143-
215.77(13).
B. The automotive fluids discharged by Andy's Transmissions Services was
within the meaning of G.S. 143-215.77(8).
C. Andy's Transmissions Services violated G.S. 143-215.83 by discharging oil on
lands of the State.
D. Andy's Transmissions Services violated G.S. 143-215.84 by failing to
immediately collect and remove the discharged oil and to restore the area a
by the discharge to the condition existing prior to the discharge.
cted
E. G.S. 143-215.88A provides that a civil penalty of not more than $5,000 per
violation may be assessed against any person who intentionally or negligently
discharges oil or other hazardous substance, or knowingly causes or permits the
discharge of oil in violation of Article 21 A of Chapter 143 of the General
Statutes, or fails to report a discharge as required by G.S. 143-215.85, or who fails
to comply with the requirements of G.S. 143-215.84.
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties.

Findings and Decisions
Andy's Transmission Services
Page four
Based upon the above Findings of Fact.and Conclusions of Lae the following.
III. DECISION:
Accordingly, Andy's Transmissions Services is hereby assessed a civil penalty of:
for violation(s) of G.S. 143-215.83, for discharging, or causing to be
discharged, oil or other hazardous substance into or upon the waters or
lands within the State, regardless of the fault of the person having control
over the oil or other hazardous substance, or, regardless of whether the
discharge was the result of intentional or negligent conduct, accident, or
other cause.
for violation(s) of G.S. 143-215.84, for failing to immediately collect
and remove the discharged oil and to restore the area affected by the
discharge to the condition existing prior to the discharge.
for violation(s) of G.S. 143-215.85, for failing to immediately notify
DENR of the nature, location, and time of the discharge, and of the
measures which are being taken to contain and remove the discharge.
$ TOTAL CIVIL PENALTY
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(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 Alan W. Klimek, P.E., Director
Division of Water Quality

DIVISION OF WATER QUALITY
CHECKLIST FOR SPILL CASES, G.S. 143-215.83 et seq.
Name and address of person who had control over the substances immediately prior
to a discharge, and explain why you believe this person had control:
Andy Deramgazin
Andy's Transmissions Services
111-1 Beechway Circle
Charlotte, NC 28213
Andy's Transmission Services had control of the substance prior to the discharges. The
automotive fluid was found discharged to the ground on and around the concrete pad
where the transmission parts are stored and on the ground throughout the yard of the
facility.
2. Name and address of owner of property on which spill occurred:
Larry D. Wright
P.O. Box 434
Harrisburg, NC 28075
Name and address of any other party involved, such as person leasing property, or
any other person who caused, aided or abetted the discharge:
No other parties were involved.
4. Type and amount of substances and, if it is not oil, whether it is considered
hazardous and why:
The substance is automotive fluid, which, on the subject site, could potentially include
used transmission fluid, used motor oil, and used brake fluid. The amount is unknown.
Description of discharge, including dates and times. Attach tank tests, spill reports
etc.
The dates and times of the discharges are unknown. Significant spillage was observed on
the concrete pad on which transmission parts are stored and on the ground surrounding
the concrete plan. Several small spill areas were observed throughout the yard of the
facility.
6. Statement as to whether this may be an excepted discharge under G.S. 143-
215.83(b), and why:
The discharge from Andy's Transmission Services was not authorized by an existing
regulation of the Environmental Management Commission under G.S. 143-215.83(b).

7. After discovering the discharge, did the person who had control over the substances
notify DEHNR or any other agency?
Andy's Transmission Services did not notify NCDENR or MCWQP of the discharges.
Description of any steps taken to restore and remove the substance, including
preliminary steps in hiring appropriate consultants and work being done to develop
a remedial action plan. State when the steps were taken and whether there were
delays and the reason for such delays:
A re -inspection of the facility, conducted on February 10, 2004, revealed that the
automotive fluid discharges had not been removed.
9. Statement as to whether the discharge was intentional or negligent and reasons why:
It is the opinion of MCWQP that the discharges were the result of negligence. The
facility's history of non-compliance indicates that there is a propensity for employees to
disregard housekeeping, resulting in environmental degradation.
10. Statement as to whether the person knowingly caused or permitted the discharge of
oil:
MCWQP believes that because of the continuing nature of the violations, that Mr. Andy
Deramgain knowingly caused and permitted the discharge of automotive fluids.
11. Civil Penalty Assessment Factors:
a. Type of oil or substance, including any particularly dangerous
properties:
The substance is automotive fluid, which, for the subject site, could potentially include
used transmission fluid, used motor oil, and used brake fluid.
b. Amount and duration:
The amount and duration of the discharges are both unknown.
c. Cause:
The discharges were due to negligence and poor housekeeping.
d. Damage to public resources, including description of resources harmed:
Damages to public resources are unknown.
e. Damage to private property:
The contamination caused by the discharge to ground on the subject property was the
extent of damage to private property. There was no visual evidence of damages to
adjacent properties.

Effectiveness of action taken by violator to clean up the oil and prevent
further damages:
Based on a re -inspection on February 10, 2004, no action has been taken to clean up the
discharges or prevent further damages.
g•
Cost of rectifying the damage:
Unknown.
h. The alleged violator's previous record in complying or not complying with
the laws and implementing regulations of the Commission:
Andy's Transmissions Services has not been previously cited for violation of any laws
and/or regulations of the Commission. However, the facility has a history of non-
compliance with the City of Charlotte's Stormwater Ordinance.
The amount of money expended by the alleged violator in complying with the
provisions of G.S. 143-215.84:
To date, there is no evidence that Andy's Transmission Services has expended any
money to comply.
The estimated damages attributed to the alleged violator under G.S. 143-
21.5.90, including the cost to restock such waters or replenish such resources,
etc.:
There were no observable impacts to surface water.
12. Cost of the investigation, itemized:
Environmental
Chemist
Investigation and Report:
3 hours @ $30.43
Water Quality Review and Edit:
Regional Supervisor 1 hour @ $39.61
$ 91.29
$ 39.61
Clerical Copying/Filing:
hour @ $15.00 — $ 15.00
Central Office Review and Processing -- $100.00
TOTAL — $245.90

C'ERTIFICATI©N PAGE
I certify that the information in this report is true to the best of my knowledge.
-)Signature of Principal Investigator(s): ,
February 23, 2004

ddbU tiUUi
-n
Only; No Insurance Coverage Provided)
Certified Fe
Return Reelect Fee
(Endorsement Requred
Restricted Delivery F
(Endorsement Require
rs.,#4..,..., t Coo
MR ANDY DERAMGAZIN, OWNER
ANDY'S TRANSMISSION SHOP
1 1 1-1 BEECHW AY CIRCLE
CHARLOTTE NC 28213
v./rmb 11/17/03
Andv's Transmission Shop
111-1 Beechway Circle
Charlotte, NC 28213
Dear Mr. Dermagaz
North, Carol
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Depanment of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
Coleen H, Sullins, Deputy Director
Division of Water Qualiry
November 17, 2003
or Instructions
Subject: NOTICE OF VIOLATION and
RECOMMENDA 11ON FOR ENFORCEMENT
G.S. 143 21 f.75 - Oil Pollution and Hazardous
Substances Control Act of 1978
Discharge of Automotive Fluids
Andv's Transmission Shop
111-1 Beechway Circle. Charlotte
Mecklenburg County
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.
On October 31. 2003, Mr. Derrick A. Harris of the Mecklenburg County Water Quality
Program (MCWQP) conducted an investigation of your property located at 111-1 Beechway Circle.
This investigation was conducted as part of a cooperative working agreement between Mecklenburg
County and the Division of Water Quality. As a result of this investigation, the following condition
was found on the property in violation of G.S. 143-215.83(a):
Discharge of transmission fluid and oil to the ground.
Further, the failures to immediately notify this Department of the discharge and to
immediately undertake to collect and remove the discharge are violations of G.S. 143-215.85 and
143-215.84(a), respectively.
NCDENR
Mooresville Regional Office, 919 North Main Street. Mooresville„ North Carolina 28115
Phone [phone]
Fax [phone]
Customer Service
1-577-62.5-6748

1
Mr. Andy Deramga
Page 2
November 17_2003
Owner
To comply with the law, it will be necessary to immediately discontinue all illegal
discharge activity, to collect. remove and properly dispose of the discharge material, includinc, 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
potential for recurrent illegal discharges.
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(a), 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(a), shall incur. in addition to any other penalty provided by law. a penalty in an amount
not to exceed five thousand dollars (S5000.00) 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.
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 discharges. The response should also indicate the disposal location for any
removed discharge material. contarninated soils. or waters and include a copy of the analytical
documentation for the site remediation. Please address your response to me by no later that
December 5. 2003. Also. please send a copy of this response to Mr. Rusty Rozzelle of NICWQP
at 700 North Tryon Street. Suite 205. Charlotte. NC 28202.
The purpose of this letter is also to notify you that this Office is considering sending a
Recommendation for Enforcement to the Director of the Division for the subject violation. If you
have an explanation for the violation that you wish to present, please include it in the requested
response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate.
your explanation vill be forwarded to the Director. along with the enforcement package for his
consideration.
Should you have questions. please do not hesitate to contact Mr. Richard Bridgernan or
me at 704/663-1699.
cc: Nil. Rusty Rozzelle. C 'QP
DRG/dah
File:WenviepicAveynoviandy's trans0 3 -0 1 3 8
Sincerely,
D. Rex Gleason , P.E.
Water Quality Regional Supervisor

rR©NMENTALIST:
Nv
IATURE OF REQUEST:
E DESCRIPTOR 1:
FILE DESCRIPTOR 2:
SERVICE REQUEST/WORK ORDER
2003-01381
WQS
Derrick A, Harris
Citizen's Request
IC-F(1)-CI
CONTACT:
COMPANY/WORKPLACE:
ADDRESS:
MRGI, TANCE
BUSINESS PHONE NO: [phone]
NOTIFICATION PROMPT: Phone Book
PAGE NO:
DATE: 10/31/2003 © 10:15
TAKEN BY: Derrick A. Harris
:war T.OF
ANE3'NATURAL RESOUR
OORESVILI 'cG1OVAL CFR(E
REQUESTING PARTY INFO
COMPANY:
ADDRESS:
CONTACT:
PHONE NO:
NOV 1 4 2003
HOME PHONE NO: ( TER QUALITYSECTION
FACILITY INFO
ANDY'S TRANSMISSION SERVICE
111 BEECHWAY CR, UNIT 1
CHARLO 1 I E NC 28213-
Mr. Andy Deramgazin
( ) 535-4300
ACTIVITIES
08901305
SERVICE REQUESTED..:
Tance Mrgi indicates that Andy's Transmission on 111 Beechway Circle dumps automotive fluids on the ground at the facility,
ACTION TAKEN.......:
10-31-03: I completed a file review and found that the facility had been inspected by C. Miller under the used oil program. The
facility had been issued two NOV's for discharge of automotive fluids to the ground.
I visited the site and found an abundance of transmissions sitting on a concrete pad in front of the facility. There was
automotive fluids on the concrete pad and also on the ground around the pad. I spoke with Mr, Andy Deramgazin, owner, and
informed him that he was in violation of the City of Charlotte Storm Water Ordiance and also N.C. General Statues for the
discharge of automotive fluids to the ground. I informed him that he has to keep automotive parts covered with a tarp or
canopy, or keep them inside to avoid their exposure to precipitation. I reminded him that he had been in violation on two prior
occasions and that I would be drafting a NOV with recommedations for enforcement because of the repeat nature of the
offense.
COMMENTS...........:
SAMPLES

THE LAW OFFICES OF
DANNIEL A. FULCO, PLLC
215 Queens Road, Suite 200
Charlotte, NC 28204
[phone] - phone
[phone] — fax
DANIEL A. FULCO
PATRICK A. PITTS
KIMBERLY L. POE
LEAH N. GATES
December 10, 2003
North Carolina Department of Environment and Natural Resources
Division of Water Quality
919 North ?vlain Street
Mooresville, NC ,S 1 15
Attn: D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Re: Andy's Transmission Shop: 1 l 1-1 Beech Way Circle, Charlotte,
Mecklenburg County
Dear Mr. Gleason:
NO DEFT. OF ENVIRONINZW
AND NATURAL. RESOURCES
W ORESVILLE REGIONAL AcAO
WA
DEC 1 2 2003
I represent Andy Deramgazin, owner of Andv's Transmission Shop with regard to the
Notice of Violation letter you mailed November 17, 2003,
I understand the violation includes discharge of transmission fluid and oil to the ground
and the remedy includes collecting, removing and properly disposing of the discharge
material.
I have discussed this matter with my client and he intends to remedy the situation within
thirty (30) days of the date of this letter. He will remove the old transmissions from their
ground location and store them in a covered tractor trailer bed so that no further
discharges occur on the ground. As to the existing discharge on the soil, my client will
properly dispose of the topsoil and replace the same with fresh topsoil. These measures
will be complete within thirty days.

D. Rex Gleason, P.E.
December 10, 2003
Page 2
Please advise if this remedy plan is sufficient. If not, please advise what other measures
you require of my client at your earliest convenience. I thank you in advance for your
patience in this matter.
Very truly yours,
Kimberly Ledfai•d Poe
Attorney at Law
cc: Rusty Rozzelle, MC`VQP

Facility: Andy's Transmission
Owner: ;Dermgazin Andy
CentralOfice Login Date:
CentralOffice Contact: Fitzpatrick, Linda
Regional Contact: Gleason, Delno R.
Enforcement Contact:
ion [ Settlers
Related Violet
SOC:s
Details...
Related
j AD.(`
Region: !Mooresville
Incident i200400536
Comments:
Events
enaItyAsses
Monitoring Report:
County: ;Mecklenburg
inspect Dt:
Salutation for Letter:
Penalty Assessed Date: 1041t912004 3 Remission Request: ` EMC Hearing Date: 1
Letter Date: I04J15t2004 Remission Acknowledged: ' J Remission Amount ° 41i
Penalty Amount $7000.00�� Ent Con', Date: i EMC Results Received:
Damages: i Remission Amount L
Enforcement Cost j Enf. Cons Letter Date: ; Petition in OAP{:
Total Case Penalty; $700Ct.00 facility Rcvd. Ent Conf, Ltr.: ; Remission Amount i
Facility Received F&D: 04128i2t104 Total Amount D Case to Collection:
Response Due By 105129/2004 _ Total Amount P "�!� � �� Setttement Requested: 1
Case Clo
Ready SID: ENCS
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Norfolk Southern Corporation
312 West Liddell Street
Charlotte, North Carolina 28206
704/378-3827
Fax [phone]
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
#7001-1940-0005-3226-1355
Mr, Richard Bridgeman
North Carolina Department of
Environmental and Natural Resources
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
Dear Mr, Bridgeman,
H. T. Finley
General Superintendent
Charlotte Roadway Shop
:Nkt; DE'P't FICilfti(:)Ntlir...ir:A.
February 6, 2004
FEB I 0 2004
Reference attached letter of January 30, 2004 concerning Notice of Violation of G.S. 143-21 .1(a) Discharge of
Wastewater from D. Rex Gleason, P.E., Water Quality Regional Supervisor.
On January 2, 2004, Leonard Stogner, our environmental consultant, while making a routine inspection at the
Charlotte Roadway Shop, 312 West Liddell Street, Charlotte, NC 28206, discovered a leak from the treated
effluent line. The discharge pump and holding tank valves were immediately closed to prevent any subsequent
discharge and the treatment plant shut down. Mr. Stogner also contacted Mr, Jeff Price of the Mecklenburg County
Water Control Office immediately notifying of the malfunction. Mr, Price inspected the area, saw that the
discharge was stopped and was aware that repairs were pending.
On January 5, 2004 repairs began on replacing 450 feet of 2" Sec. 80 PVC pipe and were completed on January 7,
2004 (note copy of repair invoice attached). The valves were then opened and the treatment plant was put back in
operation. This repair should prevent any future release from the line between the industrial pretreatment plant and
the City publicly operated treatment works (POTW).
Norfolk Southern contractors and personnel make routine inspections of the Railroad's wastewater treatment
facility and because of these inspections, this leak was discovered in a timely manner. We will continue to monitor
our facility and to immediately handle situations as they arise. Please do not hesitate to contact this office or
Gilbert Turner regarding this event.
Sincerely,
Tom Finley
General Shop Superintendent
Attachments
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
7001-1940-0005-3226-1348
Cc w/attachments: Mr. Rusty Rozelle
Mecklenburg County Water Quality Program
700 N. Tryon Street, Suite 205
Charlotte, NC 28202
Mr, Gilbert O. Turner, Engineer EnvironmentalOperations
Norfolk Southern Corporation
312 W. Liddell St,
Charlotte, NC 28206
Opera 'rig Subsidiary: Norfolk Southern Railway Company

astewater Plant. Discharges
eated water supplied from tanks

4�

Valves from wastewater storage
tanks were closed when leak was
discovered preventing flow to the
wastewater plant

Leak discovered here along
shoulder of access road as
consultant entered to make
routine VWV Plant inspection
Underground 2" diameter
treated wastewater discharge
pipe follows access road
and Dalton Ave

N.N-thC
/V t
Michael F.
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Colon H. Sullins, Deputy Director
Division of Water Quality
CER'I1FIED MAIL
RETURN RECEIPT REQUESTED
Mr. Tom Finley, General Shop Supervisor
Norfolk Southern Railway Co.
312 W. Liddell St.
Charlotte, NC 28206
rt
Dear Mr. Finley:
SUBJECT:
January 30, 2004
7003 2260 0001 3491 1487
NO 1'ICE OF VIOLATION
Violation ofG.S. 143-215.1(a)
Discharge of Wastewater
Norfolk Southern Railway Co.
312 W. Liddell St.
Mecklenburg County, N.C.
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.
On January 2, 2004, Mr. Jeff Price of the Mecklenburg County Water Quality Program
(MCWQP) conducted an investigation of the Norfolk Southern facility located at 312 W. Liddell
St. in Charlotte, N.C. This investigation was conducted as part of a cooperative working
agreement between Mecklenburg County and the Division of Water Quality. As a result of this
investigation, the following condition was found on the property in violation of G.S. 143-
215.1(a):
Discharge of wastewater to a tributary of Little Sugar Creek, a Class C water in
the Catawba River Basin.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), 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 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 illicit discharge. You will be advised of anv
enforcement recommendation.
a
17.6ENR
'vision of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Mr. Tom Finley
Page 2
January 30, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal discharge
activity. It is also recommended that you implement corrective actions to eliminate the potential for
recurrent illegal discharges.
It is requested that you respond, in writing, to this Notice, addressing the actions taken to
correct the violation, including the present status of the cleanup activities and actions taken to
prevent future discharges. Please address your response to Mr. Richard Bridgeman at the
letterhead address by no later than February 16, 2004. Additionally, please send a copy of this
response to Mr. Rusty Rozzelle of MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, N.C.
28202.
If you have any questions concerning this report or any other matters, please do not
hesitate to call Mr. Bridgeman or me at 704/663-1699.
S incerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Rusty Rozzelle, MCWQP
DRG/jsp
FILE: ICAENV\EPIC1 WQ NOV10400002a.nov

PAGE NO:
SERVICE REQUEST/WORK ORDER
LOG NUMBER: 2004-00002
SECTION: WQS
ENVIRONMENTALIST: Jeff S. Price
NATURE OF REQUEST: Citizen's Request
FILE DESCRIPTOR 1: IC-F(1)-CI
FILE DESCRIPTOR 2: NORFOLK & SOUTHERN RAILWAY CO.
CONTACT:
COMPANY/WORKPLACE:
ADDRESS:
LEONARD STOGNER
DATE: 01/02/2004 @ 10:58
TAKEN BY: John McCulloch
REQUESTING PARTY INFO
BUSINESS PHONE NO: [phone] HOME PHONE NO: ( ) -
NOTIFICATION PROMPT: Phone Book
COMPANY: NORFOLK SOUTHERN
ADDRESS: 312 W LIDDELL ST
CHARLOTTE NC 28206-
CONTACT: TOM FINLEY
PHONE NO: ( ) -
FACILITY INFO
ACTIVITIES
07811105
SERVICE REQUESTED..:
Leonard Stogner reports that the Norfolk -Southern Transportation Maintenance Shop located at 312 W. Liddell Street has a
broken wastewater effluent line on their pre-treatment system. Approximately 5,000 gallons of pre-treated effluent has
entered a small tributary. The ww is fairly inert but has a BOD range between 300-500. Please assess impacts to receiving
stream and ensure that they are taking corrective actions. The system has been shut down until repairs can be made.
Leonard will meet you on site when you give him a call.
ACTION TAKEN.......:
1/2/04
JPrice responded to CRS at Norfolk Southern. I met Tommy Coltrane (NS Facility Supervisor [phone]) on site to
investigate. An unknow amount of wastewater (pre-treated for CMU) had been spilled to a small tribuatry of Little Sugar
Creek. Estimates range from a few hundred gallons up to 5000 gallons.
Norfolk Southern / Mr. Stogner notified NCDENR MRO, CMU pre-treatment coordinator and MCWQP.
The waste stream consists of oily wash water and acidic cleaners from a parts/equipment washing operation at a
maintenance facility. The wash water was pre-treated / neutralized per CMU specification to 6-12. Mr, Stogner indicated that
the pH generally ran in the low 8's. A line ruptured underground between the pre-treatment unit and the CMU flow meter at
the sanitary sewer discharge point.
Plant operations were at a minimum due to the holidays and the discharge was stopped when discovered. Holding tanks will
be utilized to prevent any further discharge until repairs can be made.
YSI measuremnts from the tributary indicated no significant impacts. Upstream (small pool of suspected product) T 12.11, pH
8.15, DO 6.68, SpCond 281. Downstream (low flow conditions) T 11.33, pH 8.09, DO 8.71, SpCond 148. Downstream 2
(near confluence of Little Sugar) T 12.16, pH 7,94, DO 9.95, SpCond 220. No visible impacts, odors or dead fish were
observed.
State NOV drafted on 1/4/2004.
COMMENTS...........:

PAGE NO: 2
SERVICE REQUEST/WORK ORDER
SAMPLES
DISPOSITION, ETC.
NOTIFIED REQ PARTY: TIME ON SITE:
VERBAL OR WRITTEN: TRAVEL TIME:
DATE NOTIFIED: / / ADMIN TIME:
NOTICE OF VIOLATION: N MILEAGE:
LEGAL ACTION: N SITE VISITS:
WELL SAMPLE: N RECALL DATE: / /
OUTFALL SAMPLE: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOSED: / /
EMERGENCY RESPONSE: N
REVIEWED BY:
//

R. IRWEN W. BURNS
RIVERVIEW INN, INC.
10012 MORES CHAPEL ROAD
CHARLO 1' 1'E, NC 28214
Subject:
Dear Mr, Burns:
Jan
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
y 12, 2004
Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn,,Inc.
Case Number DV 2000-0058
Mecklenburg County°
NC DEFT, OF'ENVIRONMENT
AND NATA ` ,.. RESOURCES
RESVI . , A_,xiCt AL OFFICE
JAN 1 5 2004
AT AL TY 3E6.
This letter is to acknowledge receipt of check No.4215 in the amount of $1234.80 received
from you on January 12, 2004
This payment is the eighteenth of eighteen scheduled payment established in order to settle
the civil penalty assessed in the matter of the subject case and the case has been closed.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
If you have any questions, please call Bob Sledge at (919) 733-083,
ob Sledge
Point Source Co
ESLJrf
cc: 11R Rinl Ii 14
Enforcement/Compliance F
Central Files
plia.nce/Enforcement Unit
NCDENR
N, C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph,D., Acting Director
Division of Water Quality
November 25, 2003
MR. IRWEN W. BURNS
RIVERVIEW INN, INC.
10012 MOORES CHAPEL ROAD
CHARL01"1 E, NC 28214
Subject: Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Case Number DV 20(10-0058
Mecklenburg County
Dear Mr. Burns:
This letter is to acknowledge receipt of check No.4062 in the amount of $411.60 received
from you on November 24, 2003.
This payment is the fifteenth of eighteen scheduled payment established in order to settle
the civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Pern�it.
If you have any questions, please call Bob Sledge at [phone].
Sincerely,
--( Bob Sledge
Point Source CompliancetEnforcement Unit
ESI..rf
cc. MR0 Regional Tice Supenti
Enforcement/Compliance Files
Central Files
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
November 6, 2003
Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
Subject: Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Case Number DV 2000-0058
Mecklenburg County
Dear Mr. Burns:
NCB
AND NATURAL RESOURCES
1AOORESVI '"',NAL OFFICF
NOV 1 3 2003
WATER LI `Y SEC ON
This letter is to acknowledge receipt of check No.3987 in the amount of $411.60 received
from you on November 6, 2003.
This payment is the fourteenth of eighteen scheduled payment established in order to settle
the civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
ES
cc:
If you have any questions, please call Bob Sledge at [phone].
Sinc
y,
40-z—Bob Sledge
Point Source Compliance/Enforcement Unit
Enforcement/Compliance Files
Central Files
NCDENR
N, C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G, Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D,, Acting Director
Division of Water Quality
July 15,2003
wen W. Burns
Riverview Inn, Inc.
1()012 Moores Chapel Road
Charlotte NC 28214
Subject: Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Case Number DV 2000-0058
Mecklenburg County
Dear Mr. Burns:
SEP
This letter is to acknowledge receipt of check No.3831 in the amount of $41 1.60 received
from you on September 02,2003.
This payment is the Fourteen of eighteen scheduled payment established in order to settle
the civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
If you have any questions, please call Bob Sledge at (919) 73-5083.
ESUrf
cc:
Enforcement/Compliance Files
Central Files
Sincerely,
Cam,.
Bob Sledge
Point Source Compliance/Enforcement Unit
N. C, Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Awi lcn
NCDENR
Customer Service
1 8©© 623-7748

Michael F. Easley, Govemor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
July 15,2003
Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
Subject: Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Case Number DV 2000-0058
Mecklenburg County
Dear Mr. Burns:
NC DEFT, OF EN
AND NAfl IP i. PEtag' uRe S
��t" Nwr,ar
AUG
This letter is to acknowledge receipt of check No.3652 in the amount of $411.60 received
from you on July 14, 2003.
This payment is the Twelve of eighteen scheduled payment established in order to settle the
civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
If you have any questions, please call Bob Sledge at [phone].
Sincerely,
ABob Sledge
oint Source Compliance/Enforcement Unit
ESL1rf
cc: MR0 Regional ffif e Supervisor
Enforcement/Compliance Files
Central Files
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
Dear Mr. Burns:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
5.2
uul.
3
Subject: Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Case Number DV 2000-0058
Mecklenburg County
This letter is to acknowledge receipt of check No.3652 in the amount of $411.60 received
from you on July 14, 2003.
This payment is the Eleven of eighteen scheduled payment established in order to settle the
civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit,
If you have any questions, please call Bob Sledge at [phone].
Sincerely,
Robert Farmer
Point Source Compliance/Enforcement Unit
ESUrf
cc: RRO Regional Office Supervisor
Enforcement/Compliance Files
Central Files
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
June 20, 2003
Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
Subject: Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Case Number DV 2000-0058
Mecklenburg County
Dear Mr. Burns:
This letter is to acknowledge receipt of check No.3541in the amount of $411.60 received
from you on June 16, 2003.
This payment is the ten of eighteen scheduled payment established in order to settle the
civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
ES
cc:
If you have any questions, please call Bob Sledge at [phone].
Enforcement/Comp iance Files
Central Files
Sincerely,
Robert Farmer
Point Source Compliance/Enforcement Unit
A
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 8©© 623-7748

Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
Subject :
Dear Mr. Burns:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
May 16, 2003
Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Mecklenburg County
Case Number DV 00-058
MAY 2 2
AcEs
AL 0mR
This letter is to acknowledge receipt of check No. 3440 in the amount of $411.60 received
from you on May 14, 2003.
This payment is the nine of eighteen scheduled payments established in order to settle the
civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
CC:
If you have any questions, please call Bob Sledge at [phone], ext. 547.
Enforcement/Co
Central Files
pliance Files
Sincerely,
-YY1
Bob Sledge
Point Source Compliance/Enforcement Unit
so
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road,
Charlotte, NC 28214
Subject :
Dear Mr. Burns:
April 16, 2003
Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Mecklenburg County
Case Number DV 00-058
RESOURCES
!NA!ONAL OFFICE
APR 2 4 2003
This letter is to acknowledge receipt of check No. 3332 in the amount of $411.60 received
from you on April 10, 2003.
This payment is the eight of eighteen scheduled payments established in order to settle the
civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
CC:
If you have any questions, please call Bob Sledge at [phone], ext. 547.
Enforcement/Compliance
Central Files
Sincerely,
"Y 1
Bob Sledge
Point Source Compliance/Enforcement Unit
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
March 14, 2003
crE
Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel. Road
Charlotte, NC 28214
Subject :
Dear Mr. Burns:
Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Mecklenburg County
Case Number DV 00-058
.TEI
MAR
This letter is to acknowledge receipt of check No. 3221 in the amount of $411.60 received
from you on March 12,2003
This payment is the seven of eighteen scheduled payments established in order to settle the
civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
If you have any questions, please call Bob Sledge at [phone], ext. 547.
Sincerely,
14772
Aft, Bob Sledge
W Point Source Compliance/Enforcement Unit
cc: Mooresville Regional Office Supervisor
Enforcement/Compliance Files
Central Files
A
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
Subject :
Dear Mr. Bums:
February 14, 2003
Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Mecklenburg County
Case Number DV 00-058
This letter is to acknowledge receipt of check No. 3119 in the amount of $411.60 received
from you on February 12, 2003.
This payment is the sixth of eighteen scheduled payments established in order to settle the
civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
cc:
If you have any questions, please call Bob Sledge at [phone], ext. 547.
Enforcement/Compliance Files
Central. Files
Sincerely,
afwl- ?V•
► Bob Sledge
Point Source Compliance/Enforcement Unit.
ATA
NCDENR
N, C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
Subject :
Dear Mr. Bums:
January 21, 2003
Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Mecklenburg County
Case Number DV 00-058
This letter is to acknowledge receipt of check No. 3025 in the amount o
from you on January 14, 2003.
NC DEPT. OF ENVIR''"
D NATURAL RE,: ,±
S"VILLE PFGIONAL OFFICE
A
r
JAN 2 2 2003
QUALITY
411.60 received
This payment is the fifth of eighteen scheduleayments established in order to settle the
civil penalty assessed in utter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
CC:
If you have any questions, please call Bob Sledge at [phone], ext. 547.
Enforcement/Compliance Fi
Central. Files
s
_AtJ Bob Sledge
Point Source Compliance/Enforcement Unit
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 [phone]
NCDENR
Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
December 17, 2002
Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
Subject : Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Mecklenburg County
Case Number DV 00-058
Dear Mr. Burns:
This letter is to acknowledge receipt of check No. 2918 in the amount of $411.60 received
from you on December 17, 2002.
This payment is the fourth of eighteen scheduled payments established in order to settle the
civil penalty assessed in the matter of the subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
If you have any questions, please call Bob Sledge at [phone], ext. 547.
Sincerely,
ifrf
Bob Sledge
Point Source CompliancefEnfor
AND NATURAL Rai-,
MOORESOLLE
cc: Mooresville Regional Office Supervisor
Enforcement/Compliance Files
Central Files
DEC 19 2002
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Govemor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Mr. Irwen W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
Subject :
Dear Mr. Burns:
October 24, 2002
Payment Acknowledgment
Civil Penalty Assessment
Riverview Inn, Inc.
Mecklenburg County
Case Number DV 00-058
This letter is to acknowledge receipt of check No. 2721 in the
from you on October 21, 2002.
aunt of $411.60 received
This payment is the second of eighteen scheduled payments established in order to settle
the civil penalty assessed i oahie subject case.
Payment of this penalty in no way precludes future action by this Division for additional
violations of the NPDES Permit.
cc:
If you have any questions, please call Bob Sledge at [phone], ext. 547.
Enforcement/Compliance Fi
Central Files
Sincerely,
401--- Bob Sledge
Point Source Compliance/Enforcement Unit
es
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
MEM
Customer Service
1 800 623-7748

A
SEP 1 6 2002
en W. Burns
Riverview Inn, Inc.
10012 Moores Chapel Road
Charlotte, NC 28214
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
Subject: Payment Acknowledgment
Riverview Inn, Inc.
Mecklenburg County
Case Number DV 00-058
Dear Mr. Burns:
This letter is to acknowledge receipt of check number 2608 in the amount of $411.60
received from Riverview Inn, Inc. on September 13, 2002.
This payment represents the first of eighteen scheduled payments established in order to
settle the civil penalty assessed in the matter of the subject case. Please be advised that payment
of this penalty in no way precludes further action by this Division for additional violations of the
North Carolina environmental law.
Attached, please find a copy of the fully executed payment schedule agreement.
If you have any questions about this letter or the payment schedule agreement, please feel
free to contact me at [phone], extension 547.
Attachment
cc:
Enforcement File
Central Files w/ attachment
Sincerely,
e (1/
Bob Sledge
Point Source Compliance/Enforcement Unit Nc T77.r.
n
Customer Service
1 800 623-7748
Division of Water Quality 1617 Mad Service Center Raleigh, NC 27699-1617
[phone] Fax: [phone]

CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
RIVERVIEW INN, INC.
On November 21, 2000, Kerr T. Stevens, Director of the Division of Water Quality
assessed Riverview Inn, Inc. a civil penalty of $9,208.75 in the matter of case DV 00-058, for
violation of N.C.G.S. 143-215.1(a) by making an outlet to waters of the state without a permit.
In order to facilitate resolution of this matter, the Division and Riverview Inn, Inc. agree to settle
the above described civil penalty for the total amount of $7,408.75. Riverview Inn, Inc. agrees to
pay the modified penalty assessment of $7,408.75 through a series of eighteen scheduled
payments as listed below.
PAYMENT AMOUNT DATE DUE DATE PAID
1 60 September 20, 2002 9I' z ©� (Li
p
$411.60 October 20, 2002
$411.60 November 20, 2002
$411.60 December 20, 2002
$411.60 January 20, 2003
$411.60 February 20, 2003
$411.60 March 20, 2003
$411.60 April 20, 2003
$411.60 May 20, 2003
$411.60 June 20, 2003
$411.60 July 20, 2003
$411.60 August 20, 2003
$411.60 September 20, 2003
$411.60 October 20, 2003
$411.60 November 20, 2003
$411.60 December 20, 2003
$411.60 January 20, 2004
$411.55 February 20, 2004
TOTAL $7,408.75
Payments should be made by check payable to "NC Department of Environment and
Natural Resources" and should be submitted to the attention of Mr. Bob Sledge at the address
below:

Riverview Inn, Inc. Payment Schedule
Page 2
Division of Water Quality
Point Source Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Furthermore, Riverview Inn, Inc. understands that default in payment or failure to submit
payment as per the terms of this agreement will cause the outstanding balance to immediately
become due and the collection of the balance will be pursued through the courts. Riverview Inn,
Inc. also acknowledges that the Division reserves the right to take enforcement action against the
facility for additional violations should they occur.
President
RiverviewInc.
Klimek, P.E., Dire o
vision of Water Quality
1(k
ate
Date

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
July 25, 2002
Mr. H. M. Whitesides, Jr., Esq.
Whitesides & Walker, L.L.P.
212 South Tryon Street, Suite 980
Charlotte, NC 28281
Subject. Payment Schedule for Civil Penalty Assessment
Riverview Inn, Inc.
Case Number DV 00-058
Mecklenburg County
Dear Mr. Whitesides:
Pursuant to our telephone conversation on July 24, 2002, attached please find a proposed
payment schedule that should allow us to resolve the matter of the subject civil penalty
assessment. I hope you will find that the terms contained in the schedule are as we previously
discussed. Seventeen of the scheduled payments are in the same amount; the final payment will
be five cents less than the others.
Please read the payment schedule agreement carefully. If you wish to enter into the
agreement, please sign and date the document and return it to me when you submit your first
payment. A copy of the fully executed document will be sent to you after the Director's
signature is affixed.
If you have any questions about this letter or the payment schedule agreement, please do
not hesitate to contact me at [phone], extension 547.
Attachment
Enforcement File
Central Files
Sincerely,
Bob Sledge
Point Source Compliance/Enforcement Unit
NNIN
Customer Service
1 800 623-7748
Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617
[phone] Fax: [phone]

CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
RIVERVIEW INN, INC.
On November 21, 2000, Kerr T. Stevens, Director of the Division of Water Quality
assessed Bethel Word Ministries, Inc. a civil penalty of $9,208.75 in the matter of case WQ 00-
058, for violation of N.C.G.S. 143-215.1(a) by making an outlet to waters of the state without a
permit. In order to facilitate resolution of this matter, the Division and Riverview Inn, Inc. agree
to settle the above described civil penalty for the total amount of $7,408.75. Riverview Inn, Inc.
agrees to pay the modified penalty assessment of $7,408.75 through a series of eighteen
scheduled payments as listed below.
PAYMENT AMOUNT
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.60
$411.55
DATE DUE DATE PAID
September 20, 2002
October 20, 2002
November 20, 2002
December 20, 2002
January 20, 2003
February 20, 2003
March 20, 2003
April 20, 2003
May 20, 2003
June 20, 2003
July 20, 2003
August 20, 2003
September 20, 2003
October 20, 2003
November 20, 2003
December 20, 2003
January 20, 2004
February 20, 2004
TOTAL $7,408.75
Payments should be made by check payable to "NC Department of Environment and
Natural Resources" and should be submitted to the attention of Mr. Bob Sledge at the address
below:

rRiverview Inn, Inc. Payment Schedule
Page 2
Division of Water Quality
Point Source Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Furthermore, Riverview Inn, Inc. understands that default in payment or failure to submit
payment as per the terms of this agreement will cause the outstanding balance to immediately
become due and the collection of the balance will be pursued through the courts. Riverview Inn,
Inc. also acknowledges that the Division reserves the right to take enforcement action against the
facility for additional violations should they occur.
Irwen W. Bums, President Date
Riverview Inn, Inc.
Alan W. Klimek, P.E., Director Date
Division of Water Quality

July 9, 2002
Mr. H. M. Whitesides, Jr., Esq.
Whitesides & Walker, L.L.P.
212 South Tryon Street, Suite 980
Charlotte, NC 28281
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
J U L 1 2 2002
Subject: Request for Remission of Civil Penalty 7 T. OF .' ! i L.'Nt l.f. r
Riverview Inn, Inc. ail ikfrl3 +1?1A VIESOUR "f
�t� I m q"'` f A
Case Number DV 00-058 C ),;L:`Gi,.i OFFICE
Mecklenburg County
Dear Mr. Whitesides:
This letter is to serve as follow up to your correspondence of July 17, 2001 and our phone
conversations of August 22, 2001 and November 9, 2001 regarding the subject facility's appeal of the
assessment of civil penalties in our case DV 00-058.
In the August 22, 2001 conversation, we discussed the standing of the appeal and why it would
move through the remission process. During our conversation, you tendered an offer to settle the matter
for the total amount of $2,000.00. This offer was reviewed through the Division of Water Quality's chain
of command and was rejected, but the Division was willing to settle the matter for the total amount of
$7,408.75, representing a 20% reduction of the civil penalty plus the full amount of enforcement costs
assessed in the case. This counteroffer was communicated to you in our November 9, 2001 phone call.
To my knowledge, I have not received a response from either you or the Burns family since we
last spoke. Unfortunately, until now I had neglected to follow up with written confirmation of our
conversations, which may have spurred us on to quicker action. At this time, I will repeat the Division's
offer to settle this matter for the amount noted in the previous paragraph. If you choose not to accept this
settlement, this case will be placed on the agenda of September 12, 2002 meeting of the Environmental.
Management Commission's Committee on Civil Penalty Remissions, where the Division will argue for
the upholding of the full amount of assessed penalties. You will be notified by certified mail of the time
and location of the meeting.
Thank you for your attention to this matter. I hope you will accept my apologies for the tardiness
of this communication. I look forward to hearing from you and regardless of the response, seeing the
eventual resolution of this matter.
CC:`
Enforcement file
Central Files
Sincerely,
Z._ ay,a/
Robert L. (Bob) Sledge
Environmental Specialist
Customer Service
1 800 623-7748
Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617
[phone] Fax: [phone]

January 8, 2001
MEMORANDUM
TO: Rex Gleason
FROM: Richard Bridgema
SUBJECT: Request for Remission of Civil Penalty
Case No. DV 00-058
Riverview Inn, Inc.
Mecklenburg County
Riverview Inn, Inc. was assessed a civil penalty in the amount of $9,208.75, including
$208.75 in enforcement costs, on November 21, 2000. The penalty was for an alleged discharge
of restaurant wastewater to an unnamed tributary to Lake Wylie. The straight pipe outlet was
connected to the distribution box for the on -site septic tank, thus bypassing the drain field.
The remission request suggests that the restaurant has been in business under the same
ownership for 55 years, that the existence of the outlet was unknown and probably installed >55
years ago, that the company was quick to correct the violation once notified by MCDEP, and that
the loss of revenue ($30,000 to $40,000) due to media coverage resulted in an inability to pay the
$17,500 repair/cleanup costs owed the contractor and to pay the rent [for restaurant] for at least
four months.
The Enforcement Case Assessment Factors (Item 2) indicates that the connection to the
distribution box for the on -site septic tank and outlet to Lake Wylie was intentional and was
probably done to avoid the repair or expansion of the on -site treatment system. On May 12, 1983
an application to "alter or repair" an individual septic tank at Riverview Inn, Inc. was received by
the Mecklenburg County Department of Environmental Health. The application appears to have
been signed by Irwen W. Burns, Jr. There is, however, no record that any repairs ever occurred.
Based on the observations of the MCDEP investigator, tree growth in the area of the installed
outlet pipe makes it probable that the illegal discharge had occurred for several years. It is the
writer's opinion that the violator failed to provide justification for a remission; therefore, it is
recommended that the request be denied.
H:IWPWIN\D©C\MEM©\RVVWINN.RR

Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
JUN 1 9 2001
CERTIFIED MAIL 7001 0600 0029 4333 0858
RETURN RECEIPT REOUES'1ED
MR. IRWEN W. BURNS
RIVERVIEW INN, INC.
10012 MOORES CHAPEL LOOP
CHARL©I'I'E, NC 28214
Subject: Remission Request of
Civil Penalty Assessment
NPDES Permit Number
RIVERVIEW INN, INC.
MECKLENBURG County
Case Number DV 00-058
Dear Mr. Burns:
NC CPT. OF ENVIRGNMEUT
N N.£r "frSCe 1 3
O"i+"E
JUN 2 5 2001
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
$9,208.75.
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.
Customer Service
1 800 623-7748
Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617
[phone]

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 ma
Sincerely,
Kerr T. Stevens
cc:
• Enforcement File
Central Files

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Al
Violator:
County: G N t?i} I C
Case Number: PV 0 c> — a 4-1?
ASSESSMENT FACTORS:
1) The degree and extent of harm to the natural r
property ulting from the violation;
Sot significant ( )moderately significant
( )very significant '( )extremely significant
2) The duration and gravity of the violation;
not significant ( )moderately significant
very significant ( )extremely significant
The effect ©p ;round or surface water quantity or quality or on air quality;
(lino significant ( )moderately siiificant ( )significant
( )very significant ( )extremely sigcant
The cost of ctifyin the damage;
(not significant ( )moderately significant
() very significant ( )extremely significant
5) The amount of money saved by noncompliance;
( )not significant (moderately significant
( }very significant ( )extremely significant
o private
6) Whether tb violation was committed willfully or intentionally;
lnot significant ( )moderately significant Osigufncant
( )very significant ( )extremely significant
7) The prior record of the violator in complying or failing to comply with programs over which the
Enviromneptal Management Commission has regulatory authority; and
())not significant ( )moderately significant ( )significant
( )very significant ( )extremely siglincatnt
8) The cost tohe State of the enforcement procedures.
not significant ( )moderately significant
( )very significant (emely significant
27
Date
REMISSION FA CTORS:
()
()
()
()
()
D. Rex Glea'on, '.E.
Water Quality Regional Supervisor
Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of
the petitioner;
Whether the violator promptly abated continuing environmental damage resulting from the violation;
Whether the violation was inadvertent or a result of an accident;
Whether the violator had been assessed civil penalties for any previous violations; and
Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Date Kerr T. Stevens

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MAUER OF ASSES
OF CIVIL PENALTIES AGAINST
PERMIT NO.
'A*
WAIVER OF RIGHT TO AN
MINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 00-058
Having been assessed civil penalties totaling $9,208.75 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.
This the 2 . -... day of
cAC
Year
ADDRESS
10012 Moores Chapel Loop
Charlotte, NC 28214
TELEPHONE
[phone]

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MECKLENBURG
IN THE MA1'1ER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO.
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 00-058
Having been assessed civil penalties totaling $9,208.75 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.
This the day of
Year
SIGNATURE
ADDRESS
TELEPHONE

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Attn: Mr. Irwen W. Burns
10012 Moores Chapel Loop
Charlotte, NC 28214
Dear Mr. Burns:
NATU
DENR
OLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 14, 2000
Subject: Remission Request of
Civil Penalty Assessment
Riverview Inn, Inc.
Mecklenburg County
Permit No:
DV 00-058
The Division of Water Quality is in receipt of your request for remission of civil penalty
assessed in the matter of the case noted above. However, your remission request was not
accompanied by a completed form waiving your right to an administrative hearing, which must
be received before your request may be processed. Please complete the attached waiver
form immediately and return it to the attention of "Bob Sledge" at the
letterhead address. The subject case will be tentatively scheduled for the next Director's
Enforcement Conference, however failure to return the completed waiver form will result in
delays in your case being heard.
Once the completed waiver form has been received, the Division will be able to proceed with your
remission request. If you have any questions, please call Bob Sledge at [phone].
A'I'1'ACHMENT
CC: " 4Q Superrvio r w/'Remisr It
Central Files w/ Remission Letter
Case File w/ original remission request and 3 copies
1617 Mail Service Center, Raleigh, NC 27699-1617
An Equal Opportunity Affirmative Action Employer
Sincerely,
Shannon Langley, Supervisor
Point Source Compliance/Enforcement Unit
Telephone [phone] Fax [phone]
50%© recycled/10%© post -consumer paper

I
�I�i✓IIEiV
Serra a mat iswwura 4 eft
IN PIRATE'S COVE - AT CATAWBA BRIDGE
10012 MOORES CHAPEL LOOP
CHARLOTTE, NC 28214
PHONE [phone]
be 4.2000
Coleen Sullins
ater Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699- 16 I 7
Dear Ms. Sullins
This Ietter is in response to the notice of civil penalty assessed against Riverview Inn, Inc. in the
amount of $9,2089.75 including $208.75 in enforcement costs. ( case number DV 00-058)
On July 17, 2000, Mr. David Rimer of the Mecklenburg County Dept. of Environmental
Protection conducted an inspection of our property located at 10012 Moores Chapel Loop in
Charlotte, N.C. As a result of that inspection, a pipe discharging sewage was discovered on
property adjacent to our property. That property is owned by Duke Power Co. (see diagram
#1,item# 1)
In an attempt to ascertain the origin of the sewage discharge Mr David Rimer put die into the
toilets of our restaurant. No die was ever sighted at the discharge pipe. However, we were
greatly concerned that the discharge may be coming from our septic system. We immediately
called in a contractor and made several exploratory excavations on our property. This was done
at 8:30 PM on July 17, 2000. During that excavation, a pipe was discovered on our property that
could have been the offending pipe.( see diagram #I, Item #2) Rather than take a chance of
further discharge, the pipe on our property was dug up and removed. Apparently, this pipe had
been installed years, and years ago, before we took over management of the restaurant. All of
the work to correct this problem was completed within seven (7) hours of Mr David Rimers
inspection. Mr. David Rimer requested that a complete "clean-up" of the effected area be done.
This was completed promptly, by us, to Mr. Rimers satisfaction. Mr. Rimer commented favorably
about the speed in which we completed the correction of this problem.
3E3
C122
WH FER QUALITY
SECTION
ALITY SECTION
arge Comaliance Enf,
PRIVATE DINNING ROOMS
HOURS
OPEN DAILY 4:30 P.M.

Page 2
The news media coverage of this incident has resulted in a loss of revenue to our restaurant of
approximately $30,000.00 to $ 40,000.00. The total repairs, and clean up has a cost of
$17,500.00. Because of the loss in revenue, we have been unable to pay the contractor for their
work. We also have been unable to pay our rent for the past four(4) months.
Ms. Sullins, our restaurant has been in business for 55 years,during which time we have prided
ourselves with being good corporate citizens. We have always been above reproach in obeying all
the laws that pertain to our business, As you can see , the cost to us for this unfortunate incident ,
of which we had no knowledge, has been enormous. These costs have put our company in
financial peril.
In consideration of the rapid repairs, our 55 years of good corporate citizenship, and the
enormous expenses we have experienced, we humbly and prayerfully, request that you reduce
our penalty to the $208.75 enforcement costs.
Respectfully,
rwen W. Burns, Pres.
than Burns. V.Pres
4,0
Riverview, Inn, Inc.
10012 Moores Chapel Loop
Charlotte, N.C. 28214
704

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL Z 158 524 063
RETURN RECEIPT REQUESTED
Mr. Irwen R. Burns
Riverview Inn, Inc.
10012 Moores Chapel Loop
Charlotte, NC 28214
Dear Mr. Burns:
NCDENR
NORTH CAROLINA DEPARTMENT Or
ENVIRONMENT AND NATURAL RESOURCES
November 27, 2000
NOV
SUBJECT: Assessment of Civil Penalties for Violation of
North Carolina General Statute 143-215.1 (a)
Riverview Inn, Inc.
Case Number DV 00-058
Mecklenburg County
2000
This letter transmits notice of a civil penalty assessed against Riverview Inn, Inc. in the
amount of $9,208.75, including $208.75 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources. 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
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:
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

Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 inforniation 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.
OR

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
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
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 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 violations that occur
after the review period of this assessment.
If you have any questions concerning this matter, please contact Mr. Bob Sledge at (919)
733-5083, extension 547.
Sincerely,
\4.
Kerr T. Stevens
Attachment
,,,,,q4ional,,SupervittlfVfattachmen1so,.
Compliance/Enforcement File w/attachments
Central Files w/attachments

rr
STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
COUNTY OF MECKLENBURG
File No. DV 00-058
IN THE MATTER OF: )
)
RIVERVIEW INN, INC. )
) FINDINGS AND DECISIONS
FOR MAKING AN OUTLET TO THE WATERS ) AND ASSESSMENT OF
OF THE STATE OF NORTH CAROLINA ) CIVIL PENALTIES
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Riverview Inn, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
13. Riverview Inn, Inc. operates a restaurant at 10012 Moores Chapel Loop,
Mecklenburg County, North Carolina.
C. On July 17, 2000, Mecklenburg County Department of Environmental Protection
(MCDEP) staff observed a discharge of wastewater at the back of the restaurant
operated by Riverview Inn, Inc. from a straight pipe outlet to an unnamed
tributary to the Catawba River (Lake Wylie), which is a Class WS-V and B water
in the Catawba River Basin. The investigation was conducted by MCDEP
pursuant to a cooperative working agreement between Mecklenburg County and
the Division of Water Quality (DWQ).
Riverview Inn, Inc. had no valid permit to discharge wastewater to the waters of
the State.
E. There is no record of previous enforcement actions against the violator.
F. The costs to the State of the enforcement procedures in this matter totaled
$208.75.

Riverview Inn, Inc.
Findings and Decisions
Page Two
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Riverview Inn, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. An unnamed tributary to the Catawba River (Lake Wylie) constitutes waters of
the State within the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to the waters of the State
within the meaning of G.S. 143-213 (13) and for purposes of G.S. 143-
215.1(a)(1), an activity for which a permit is required by G.S. 143-215.1.
D. Riverview Inn, 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 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.
E. The State's enforcement costs in this matter may be assessed against Riverview
Inn, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, 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, Riverview Inn, Inc. is hereby assessed a civil penalty of:
$ ©p© For making an outlet to the waters of the State on July 17, 2(}0(1 without a
permit as required by G.S. 143-215.1.
C.©©p TOTAL CIVIL PENALTY, which is b percent of the maximum
penalty authorized by G.S. 143-215.6A.
$ 208.75 Enforcement costs
$C\ �2©Iii: nrOTAL AMOUNT DUE

Riverview Inn, Inc.
Findings and Decisions
Page Three
As required by 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 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;
(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\— 00
(Date) Kerr T. Stevens, Director
Division of Water Quality

1
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEI
AND NATURAL RESOURCES
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
RIVERVIEW INN, INC.
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 00-058
Having been assessed civil penalties totaling $9,208.75 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated November 21, 2000, 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 , 2000.
BY
ADDRESS
TELEPHONE

DIVISION OF WATER QUALITY
September 7, 2000
MEMORANDUM TO: Shannon Langley
FROM: D. Rex Gleason
PREPARED BY:
SUBJECT:
Mecklenburg County Department of Environmental Protection and
Richard Bridgeman ,'
Enforcement Action
Fast Track (DV)
Violation of N.C. General Statute
143-215.1(a)(1)
Riverview Inn, Inc.
Mecklenburg County, NC
Attached please find an enforcement report which details violations by the subject
facility.
Also attached is a copy of the NOV/NRE, including MCDEP's investigative report, and a
copy of the violator's response to the NOV/NRE. Based on a review of the response, this Office
still recommends an enforcement action.
If you have any questions, please contact Richard Bridgeman or me at this office.
Attachment
cc: Mr. Rusty Rozzelle, MCDEP
DRG/dr

STA 1'h OF NORTH CAROLINA NORTH CAROLINA DEPART NT OF
COUNTY OF MECKLENBURG
IN THE MATTER OF:
RIVERVIEW INN, INC.
IRONMENT AND NATURAL RESOURCES
)
)
)
File No. DV
FINDINGS AND DECISIONS
FOR MAKING AN OUTLET TO THE WATERS ) AND ASSESSMENT OF
OF THE STATE OF NORTH CAROLINA ) CIVIL PENALTIES
WITHOUT A PERMIT )
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Kerr T. Stevens,
Director of the Division of Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A. Riverview Inn, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. On July 17, 2000, Mecklenburg County Department of Environmental Protection
(MCDEP) staff observed a discharge of wastewater at the back of the restaurant
operated by Riverview Inn, Inc. from a straight pipe outlet to an unnamed
tributary to the Catawba River (Lake Wylie), which is a Class WS-V and B water
in the Catawba River Basin. The investigation was conducted by MCDEP
pursuant to a cooperative working agreement between Mecklenburg County and
the Division of Water Quality (DWQ).
C. Riverview Inn, Inc. operates a restaurant at 10012 Moores Chapel Loop,
Mecklenburg County, North Carolina.
D. Riverview Inn, Inc. had no valid permit to discharge wastewater to the waters of
the State.
E. There is no record of previous enforcement actions against the violator.
F. The costs to the State of the enforcement procedures in this matter totaled
$208.75.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Riverview Inn, Inc. is a "person" within the meaning of G.S. 143-215.6A

Riverview Inn, Inc.
Findings and Decisions
Page Two
B. An unnamed tributary to the Catawba River (Lake Wylie) constitutes waters of the
State within the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to the waters of the State
for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Riverview Inn, 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 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.
E. The State's enforcement costs in this matter may be assessed against Riverview
Inn, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, 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:
Accordingly, Riverview Inn, Inc. is hereby assessed a civil penalty of:
$ For making an outlet to the waters of the State on July 17, 2000 without a
permit as required by G.S. 143-215.1.
TOTAL CIVIL PENALTY, which is percent of the maximum
penalty authorized by G.S. 143-215.6A.
$ 208.75 Enforcement costs
$ TOTAL AMOUNT DUE

Riverview Inn, Inc.
Findings and Decisions
Page Three
As required by 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 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;
(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.
(Date) Kerr T. Stevens, Director
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (DV) Discharge without a permit
Violator: Riverview Inn, Inc.
Address: 10012 Moores Chapel Loop
Charlotte, NC 28214
Mecklenburg County
Facility: Riverview Inn Restaurant
10012 Moores Chapel Loop
Registered Agent: Charles D. Gray III
Address: Post Office Box 2636
Gastonia, North Carolina 28053
Regional Office: Mooresville
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:
Harm was caused to both natural resources and public health by the discharge of
untreated wastewater to Lake Wylie. On July 17, 2000, MCDEP measured fecal coliform
levels in the discharge at >60,000 colonies/100 ml. On July 19, 2000, MCDEP measured
fecal coliform levels in Lake Wylie adjacent to Riverview Inn at 280 colonies/100 ml. As
a result of the elevated bacteria levels measured in Lake Wylie, MCDEP in cooperation
with the Mecklenburg County Health Department posted a "Swimming Advisory" for
Lake Wylie at the Riverview Inn Restaurant on July 20, 2000. The advisory remained in
effect until August 17, 2000 when cleanup activities were satisfactorily completed.
2. The duration and gravity of the violation:
A field investigation conducted by MCDEP on July 17, 2000 revealed that the discharge
originated from an outlet pipe connected to the distribution box for the on -site septic tank
serving the Riverview Inn, thus bypassing the drain field and discharging directly to an
unnamed tributary flowing to Lake Wylie. The connection to the distribution box and
subsequent discharge of wastewater to the lake was intentional and was probably done to
avoid the repair or expansion of the on -site treatment system. Files were examined at the
Environmental Health Division of the Mecklenburg County Health Department which
issues permits for septic tank installation and repair in Mecklenburg County. Records

Riverview Inn, Inc.
Case Assessment Factors
Page Two
indicate (see Attachment A) that on May 12, 1983 an application was received by
Mecklenburg County to "Alter or Repair" an individual septic tank wastewater treatment
system with a subsurface effluent discharge at Riverview Inn, Inc. There is no record on
file indicating that a system was installed or repair completed. The exact length of time
that the outlet was in use can not be determined. However, based upon the extent of tree
growth in the area where the outlet pipe was installed, it is believed that the discharge
occurred for several years.
The effect on ground or surface water quantity or quality or on air quality:
The negative effect on surface water quality was determined by MCDEP through
sampling results which indicated elevated levels of fecal coliform bacteria in the
discharge to the unnamed tributary of Lake Wylie on July 17, 2000 (>60,000 colonies/100
ml) and through sampling results which indicated elevated bacteria levels in the lake on
July 19, 2000 (280 colonies/100 m1). Impacts to groundwater quality or quantity were not
measured. It is unlikely that the violation would have an effect on air quality.
4. The cost of rectifying the damage:
Riverview Inn, Inc. has spent between $11,000 to $12,000 in removing the contaminated
soil/sludge from the receiving stream and the shoreline of Lake Wylie.
5. The amount of money saved by noncompliance:
Riverview Inn, Inc. saved money by discharging to the unnamed tributary to Lake Wylie
instead of making the necessary repairs or alterations to the on -site waste water system.
The cost of the repair or alteration is estimated at $7,000.
6. Whether the violations were committed willfully or intentionally:
The violation was both willfully and intentionally committed as evidenced by the
connection of a straight pipe to the septic tank's distribution box which was allowed to
intentionally discharge wastewater to an unnamed tributary of Lake Wylie.
The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority:
The violator has no prior history.

Riverview Inn, Inc.
Case Assessment Factors
Page Three
The cost to the State of the enforcement procedures:
Environmental Chemist
Clerical
Water Quality Regional Supv.
Review and Edit:
2 hours @ $29.47/hr
Filing/Copying:
1 hour @ $12.11 /hr
Review and Edit:
1 hour @ $37.70/hr
Central Office Review and Processing:
TOTAL COST OF THE ENFORCEMENT PROCEDURES:
9. Type of violator and general nature of busine
corporation):
Small corporation
s
$ 58.94
$ 12.11
$ 37.70
$100.00
$208.75
e., individual vs. large
10. Violator's degree of cooperation (ineluding efforts to prevent or restore) or
recalcitrance:
The violator was cooperative. The outlet pipe and discharge were eliminated the day
after discovery by MCDEP staff and subsequent notification to Riverview Inn, Inc. The
failed septic field was repaired within 24 hours of notification.
11. Mitigating Circumstances:
None
12. Owner of property where the discharge occurred:
Duke Power Company

Riverview Inn, Inc.
Case Assessment Factors
Page Four
13. Pictures of discharge: (optional)
None
14. Damage (fish kill):
None

CERTIFICATION PAGE
I certify that the information in this report is true to the best of my knowledge.
Facility: Riverview Inn, Inc.
Signature of Principal Investigator(s
David
MCDEP
August 31, 2000

Attachment A
Dote Received
. iCAR) S 1 Application No 9 z /
T. C: No.C:S3
11
Mop Date _ ©53 - I
Zt
M r CKUNDURGILTICOVNTY
DE 'ARTMEN ! F ENVIRONMENTAL HEALTH
Application for an
Installation, Construction, Alteration and/or Repair Permit
(Individual Septic Tank System with Subsurloce, Soil Absorption, Effluent Discharge)
The owner of that property described hereinafter hereby applies to the Mecklenburg County Department of
Environmental Health for a permit to:
1) _. Install or Construct 2) ' ;;,�'
ment system with o subsurface, soil Ciao- rpt on of
3l PLOT PLAN !ACCURATELY DIME
or Repair an individual septic tank wastewater trea
uent discharge.
13) NAME OF OWNER itiverview Inn, Inc.
LAST
lei) ADDRESS OF.'QINNER j:2= .-:oo
1 itoa d
FIRST
Mobile Home
Residence
Yet- k. No
Yet No
41 .No. of Bedrooms
51 Business Use — Max No
Employees
61 Washing Machine - Yes Na
71 Garbage Diaposol w ,_Yes
BI Dishwasher Yes
°Al 'Individual Well
BI Governmental System
CI Cammunuy S'rstem:
1. Well s©urce
2. Governmental source
101 Sewage System:
House located w,rhrn 200 feet
of public sewer Yes
House located within 200 feet of
Na
community sewer
1 1 t FHA Case No.
121 VA Case No,
15) PHONE NO. Home uttice
161 LOCATION OF SYSTEM )722 nuoreJ Cnapl iwact viest
STRUT OR COUNTY ROAD
17) SUBDIVISION Lot No. Block No.
Yes .. _No
Map Book No. Poge No.
181 DEED REFERENCE — DEED BOOK AT PAGE
19) HAS A SOIL INVESTIGATION BEEN RUN? YES _ __ NO DATE RUN
20) PTR NUMBER (See Instructions)
The undersigned per,on hereby agrees that he hos read the foregoing application and that the contents
of some are true It is understood that any permit applied for herein shall be void and of no effect if any of
the above facts are not true. C'
Vl-1-f ,;} r?%... L. �c
DATI OF APPLICATION _ OWNER

Entity Names Page 1 of 1
5071385
CEPARTMENT OF THE SECRETARY OF STATE
Date: 9/6/2000
Corporation Names
Name
RIVERVIEW INN, INC.
Business Corporation Information
SOSID: 0124806
Status: Current -Active Name
Date Formed: 10/2/1961
Citizenship: Domestic
State of Inc.: NC
Duration: Perpetual
Registered Agent
Agent Name: GRAY III, CHARLES D
Registered Office 516 S New Hope Rd
Address: Gastonia NC 28054
Stock
Class
COMMON
Corporations
Name Type
NC Legal NC
Principal Office Address
10012 Moores Chapel Loop
Charlotte NC 28214
Shares No Par Value
100000
Dom'mentFilings
Par Value
1
http://www.secretary.state.nc.us/corporations/Corp.asp?5071385 9/6/00

.Seactic 5. eexdat ja uaa4 ouu i.o..L%.ved ‘.144 �.,.n/t
IN PIRATES COVE - AT CATAWBA BRIDGE
10012 MOORES CHAPEL LOOP
CHARLOTTE, NC 28214
PHONE [phone]
August 3, 2000
Mr. Richard Bridgeman
919 N. Main St.
Mooresville, North Carolina
1
li? ▪ 1ECSia ▪ A't. )Fret
Dear Mr Bridgeman
This letter is in response to the letter I received from D. Rex Gleason on August 1, 2000.
Immediately, upon being notified of our illegal piped discharge, we called contractors in, located
the illegal pipe and removed the pipe. The problem was corrected by us within seven hours.
Our correction of the problem was observed and approved by Mr Jeremy P. Michelone, R.
S.I. of the Division of Environmental Health Dept.
We have been in business for 55 years and have always strived to be good Corperate citizens.
We deeply regret this problem, but corrected it a soon as we knew about it
Respectful)
Irwen W. Burns, Jr.
cc Mr Rusty Rizzelle
RIVATE DINNING ROOMS -4
HOURS
OPEN DAILY 4:30 P.M.

SECRETARY
_.,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 1, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Irwen R. Burns, Sr., Owner
Riverview Inn Restaurant
9226 Wilkinson Blvd.
Charlotte, North Carolina 28214
SUBJECT:
Dear Mr. Burns:
NOTICE OF VIOLATION and
RECOMMENDATION FOR
ENFORCEMENT
G.S. 143-215.1(a)
Discharge of sewage
Riverview Inn Restaurant
10012 Moores Chapel Loop, Charlotte
Mecklenburg County, N.C.
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 and air resources of the State. The
Division of Water Quality has the delegated authority to enforce adopted pollution
control rules and regulations.
Beginning on July 17, 2000, Mr. David Rimer of the Mecklenburg County
Department of Environmental Protection (MCDEP) conducted an investigation of
your property located at 10012 Moores Chapel Loop in Charlotte, N.C. This
investigation was conducted as part of a cooperative working agreement between
Mecklenburg County and the Division of Water Quality. As a result of this
investigation, the following condition was found on the property in violation of G.S.
143-215.1(a):
Illegal piped discharge of sewage to an unnamed tributary to Lake
Wylie.
0
0
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 IS
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - S0% RECYCLED/10% POST -CONSUMER PAPER

Mr. Irwen R. Burns, Sr.
Riverview Inn Restaurant
Page Two
August 1, 2000
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand
dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day if the violation is of a
continuing nature, may be assessed against any person who violates or fails to act in accordance
with G.S. 143-215.1.
If you have an explanation for the violation 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 along with the enforcement package for his consideration. Please
address your response to Mr. Richard Bridgeman, at the letterhead address. Additionally, please
send a copy of this response to Mr. Rusty Rozzelle of MC➢EP at 700 N. Tryon Street, Suite 205,
Charlotte, N.C. 28202.
If you have any questions concerning this report or any other matters, please do not
hesitate to call Mr. Bridgeman or me at 704/663-1699.
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Rusty Rozlle, MCDEP
DRG/djr
FILE: K:\EN PIC\ WQ\N©V\000I891a.nov

11:51 704-336-4391
ENV. PROTECTION
• SERVICE REQUEST/WORK ORDER
PAGE 06
PAGE NO: 1
DATE: 07/17/2000 - Q9,112:18
LAG NUMBER: 2000-01891 TIME: David M. Caldwell
SECTION: WQC
ENVIRONMENTALIST: David J. Rimer
NATURE OF REQUEST: Citizen's Request
FILE DESCRIPTOR 1: SW -I -CO -
FILE DESCRIPTOR Z: RIVERVIEW INN RESTAURANT
REQUESTING PARTY INFO
CONTACT;
COMPANYIWORKPLACE:
ADDRESS:
t-ISENBY, DONNA
BUSINESS PHONE NO: [phone] HOME PHONE NO: ( ) -
FACILITY INFO —
COMPANY: RIVERVIEW INN RESTAURANT
ADDRESS: 10012 MOORES CHAPEL LOOP
CHARLOTTE NC 28214- -
CONTACT: Irwen R. Burns, Sr.
PHONE NO: [phone]
ACTLVITI
05324102
SERVICE REQUESTED..:
Unknown discharge from pipe coming from the Riverview Inn Restaurant on Wilkinson Blvd. going into Lake Wylie.
ACTION TAKEN.......:
7-17-2000 11 am Met Donna Lisenby, Catawba RiverKeeper, and Stewart Watson. NBCB investigative Reporter, at the
River View inn Restaurant. Ms. Lisenby had found a straight pipe discharging raw sewage into an unnamed tributary to Lake
Wylie.
11:55 am Collected a fecal sample from the drippings at end of the pipe. The stagnant liquid under the pipe and
downstream smelled and looked like sewage. Noted a small section of the white, PVC pipe sticking out of the ground heading
toward the septic field owned by the Riverview Inn Restaurant.
12:30 pm Met Mr. irwen Bums, the owner of the Riverview Inn Restaurant, at his office next to the restaurant Mr. Bums
was very adamant that It could not be coming from his restaurant. He stated that he believed it was from the beer joint that he
owns but leases out that was located near the tributary. If we could prove it was from the beer joint then he would
immediately shut them down. Walked with Mr. Burns and Ms, Lisenby from his office to the Restaurant where I poured an
inch and a half of yellow trang dye clown a toilet. Flushed all the toilets in the men's restroom and turned on all the sinks to
flush the dye through the septic system.
Called Dave Caldwell, W© Supervisor, and requested assistance from Environmental Health in trading the white PVC pipe
to its source since the pipe hat, disappeared under the ground.
1:45 pm Met Jeremy Mick:lone, Enviranmental.Health Specialist, at the River View Inn Restaurant. Used his metal probe
and followed the PVC pipe to the ridge separating Duke Power property from the Riverview Inn Restaurant's septic. field. Mr.
Michelone stated that straight pipes are often used when a septic field has failed to keep raw sewage from flooding the field.
Introduced Mr. Michelone to Mr. Bums.
2:10 pm Emptied the rest of the new bottle of yellow tracing dye into a sink in the men's restroom in the Riverview Inn
Restaurant. Turned on all the sinks and flushed all the toilets to help flush the dye through the septic system. Spoke with
Jeremy and he stated that the septic tank was so large it would be at least a day before we could sos any dye coming out.
7-1 6-2000 2:10 pm Met Kelvin Reagan, Duke Power like Management Rep., at the Riverview inn Restaurant, Mr. Reagan
had been contacted by Ms. Donna Lisenby, Catawba River Keeper, about a month ago regarding the discharge of raw
sewage onto puke Power property near Lake Wylie. Ms, Lisenby had notified Mr, Reagan this morning about finding the
outfall on Duke Power property.
Noted that the septic system's distribution box (DB) had been uncovered and the straight pipe from the aB to the unnamed
tributary had been disconnected from the DB.

immommeelmmelimmr
7-19-20D0 2 0 pm Rexrved a telephon© eon from Mr. Bums, who stated that he had removed the straight pipe from the
ground Advised Mr. Bums that M addition to removing the straight pipe from the ground and replacing the felled septic need,
the newer ponds/residues needed to be removed from the ground ine© titch he d log the shoreline of Lake Wylie, Mr.
Bums was agreeable to this and will contact a septic hauling company
lino
7-27-00 11 am Spoke with Rusty Rc¢zelln4grManager, about
latest presults, Advised
him that as of Tuesday, the sewage -contaminated sell not ygbeen removedfrom the ditCtnor theshorelineat the
d me to call the
er
the
verview and Infomt
m
main in
Riverview Inn Restaurant. Mr. remove
the contaminated minated soil and thatfthey m' ay be subject to daily fine of uproto $20,000.0O
violation of state laws until they rem
as king es they remain in violation.
t:50 pm Called Mr. Burris and spoke with his secretary. Mr. Bums and his partner are out for the day.
7.2B-2000 pm Drove to the Riverview inn Restaurant to cneck on the status of the cleanup. Spoke with Mr. John ere ums, Mr,
Irwen Bums' business partner. and advised him that the cleanup must begin immediately. He stated that they 9
at
their options ants will decide on what to do next week.
0-1-2000 10:40 am Spoke with Mr. John Bums and he stated that they plan to hire two men to manualy dig Out the
contaminated soli but they are negotiating wtth a septic hauling company to haul off the removed soli. Hell contact me when
the deal is struck.
11:51 704-336-4391
ENV. PROTECTION
SERVICE REQUESTIWORK ORDER
PACE B7
PAGE NO: 2
COMMENTS—.......
See file for table of fecal sampling results.
NOTIFIED RE© PARTY: Y
VERBAL OR WRITTEN: V
DATE NOTIFIED: 07/17/2000
NOTICE OF VIOLATION: Y
LEGAL ACTION; N
WELL SAMPLE: N
OUTFALL SAMPLE: N
LAKE!BTREAM SAMPLE: N
EMERGENCY RESPONSE: N
REVIEWED BY:
SAMPLES
DISPOSITION, ETC.
TIME ON SITE: B:00
TRAVEL TIME: 3:00
ADMIN TIME: 3:00
MILEAGE: 0
SITE VISITS: d
RECALL DATE: / /
STATUS: OPEN
DATE CLOSED: / /

[Fwd: [Fwd: Cobblestone Builders - Brawley F'arm
Subject: [Fwd: [Fwd: Cobblestone Builders - Brawley Farms]]
Date: Thu, 30 Oct 2003 14:58:07 -0500
From: Richard Bridgeman <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: Rex Gleason <[e-mail]>
Per your request.
Richard Bridgeman - [e-mail]
%TITLE%
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
Subject: RE: [Fwd: Cobblestone Builders - Brawley Farms]
Date: Thu, 30 Oct 2003 11:26:49 -0500
From: "Lopez-Ibanes, Joanne" <[e-mail]>
To: "'Richard Bridgeman" <[e-mail]>,
Brad Loveland <LOVELBP.HAL. [e-mail]>
Brad & Richard,
Since they did bring the site into cornp lance
n the specified time, it was never taken to the next level of
Continuing Notice of Violation w/ Penalties. We were at that time, and
still are, in the middle of TWO very complicated penalty cases with
Fieldstone in Phase 1 of this same project, in which Fieldstone has been
assessed a total of $151,000. Given that I am already scheduled for 3
separate appeals for the 1st Phase 1 penalty, and 1 appeal for the 2nd, I
did not feel that adding to that amount would be very productive if it
wasn't necessary to get the site into compliance.
For the Phase 3 NPDES enforcement, however, the latest violation is
completely separate from penalties assessed in Phase 1. If anything, the
fact that the City has had enough trouble on that project in the past to
warrant assessment of $151,000 should be considered an aggravating factor,
not mitigating; and the fact that we did not assess penalties for this
violation, it seems, would add to the case for enforcement by the State on
NPDES violations. That is why I agree with Brad that a recommendation for
enforcement should be sent.
Also, I would like to ask for, if at
you relay any of my above statements
to be singled out as the only person
decide to recommend enforcement, but
everyone involved. If you have ever dealt with Frank, you know that
be very hostile at times. Please give me a call and let me know your
decision before you inform Frank, so that I can be prepared!
If you need to ask me about any specifics, give me a call.
all possible, your discretion in how
to Frank Desimone. I would prefer not
that influenced your decision if you
rather it was a mutual decision by
he can
1 of 3
10/30/2003 3:32 PM

[Fwd: [Fwd: Cobblestone Builders - Brawley Farms]]
-----Original Message -----
From: Richard Bridgeman [mailto:[e-mail]]
Sent: Wednesday, October 29, 2003 2:37 PM
To: Brad Loveland
Subject: Re: [Fwd: Cobblestone Builders - Brawley Farms]
Rex Gleason wants to know if (and how much) CLD has assessed a civil
penalty.
Brad Loveland wrote:
> After speaking with Joanne Lopez (City of Charlotte Inspector for that
> Jurisdiction), she and I agree that enforcement is needed in this case.
• Even though it sounded as though the contractor did not do a good job
> and dropped the ball it is Frank DeSimone's job as the Financially
> responsible party to ensure he is doing his job. Also the site should
> not have gotten that bad to require a NCGO10000 inspection in the first
> place. Joanne Lopez's phone # is [phone] in case you need to ask
> her site specific questions because she is conducting periodic
> inspections of that site. In case you need to contact me my #
• [phone]. Thanks Richard,
> Brad
> >» "Richard Bridgeman" <[e-mail]> 10/29/03 10:58AM
> >»
> I have yet to get an answer to my inquiry.
> -
> Richard Bridgeman - [e-mail]
> Environmental Chemist
> North Carolina Dept. of Environment & Natural Resources
> Div. of Water Quality
> 919 N. Main St.
> Mooresville, NC 28115
> Ph: [phone] Fax: [phone]
Richard Bridgeman - [e-mail]
%TITLE%
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
Richard Bridgeman <Richard.Bridgema ncmail.net>
Environmental Chemist II
NC DENR - Mooresville
Div. of Water Quality
2 of 3 10/30/2003 3:32 PM

Re: I.Pwct Cobblestone Builders - tsrawiey tarsus}
Subject: Re: [Fwd: Cobblestone Builders -13
Date: Wed, 29 Oct 2003 12:30:25 -0500
From: "Brad Loveland " <LOVELBP.HAL.
To: [e-mail]
ley Farms]
[e-mail]>
After speaking with Joanne Lopez (City of Charlotte Inspector for that
Jurisdiction), she and agree hat enforcement is needed in this case.
Even though it sounded as oug e con ac o a good job
and dropped the ball it is Frank DeSimone's job as the Financially
responsible party to ensure he is doing his job. Also the site should
not have gotten that bad to require a NCG010000 inspection in the first
place. Joanne Lopez's phone it is [phone] in case you need to ask
her site specific questions because she is conducting periodic
inspections of that site. In case you need to contact me my #
[phone]. Thanks Richard,
Brad
» "Richard Bridgeman" <[e-mail]> 10/29/03 10:58AM
>>>
I have yet to get an answer to my inquiry.
Richard Bridgeman [e-mail]
Environmental Chemist
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
1 of 1 10/29/03 12:52 PM

07/06/2014 01:42 A
1001/003
F'IELST©NE ASSOCIATES, LP
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Mr. Richard Bridgman Frank De Simone
FAX NUMBER'
704-663-6040
DATE;
September 26, 2003
COMPANY:
Division of Water Quality
TOTAL NO, OF PAGES INCLUDING COVER;
3
PHONE NUMBER: SaNDLR'S REFERENCE NUMBER;
RE;
NOV Response NPDES Permit
NCG©'10000
YOUR REFERENCE NUMBER:
0 URGENT 0 FOR REVIEW ❑ PLEASE COMMENT 0 PLEASE REPLY ❑ PLEASE RECYCLE
NOTE CO
This is our response to the NOV. We will be mailing the original to you.
Frank De Simone
4508 E. INDEPENDENCE BLVD., SUITE 205 CHARLOTTE.., NC 28205
PHONE; 704-568.2840 • FAX: [phone]

07/06/2014 01:42 FAX
J 002/003
FIELDSTONE ASSOCIATES, LP
September 26, 2003
Mr. Richard Bridgeman
Division of Water Quality
Mooresville Regional Office
919 N. Main Street
Mooresville, North Carolina 28115
Dear Mr. Bridgeman:
This letter responds to Mr. Rex Gleason, PE, Water Quality Regional Supervisor correspondence of
September 3, 2003. As you know, you granted Fieldstone Associates, L.P. ("Fieldstone") an .extension
until today to respond.
To the best of our knowledge, Fieldstone has performed all corrective action contained in the Inspection
Report dated August 8, 2003 (with the exception noted in the following paragraph). Furthermore,
Fieldstone performed all corrective action prior to receiving Mr. Gleason's letter.
Fieldstone has retained the services of Bobby L. Barnes, P. E., Geotechnical Services Manager of
Engineering Consulting Services to assist in this matter, particularly with regard to water quality issues,
As we have discussed, Mr. Barnes has sent his recommendation to the offices of Ms. Joanne Lopez and
Mr. Will Autry for their approval to proceed. To date, Fieldstone has not received a response to Mr.
Barnes recommendations. Fieldstone believes the recommendations of Mr. Barnes are the only work to
be completed. Fieldstone is prepared to proceed immediately upon notice from your office, Ms. Lopez's
office, or Mr. Autry's office.
When we Last spoke, you enlightened me that a substantial portion of Mr. Autry's concerns was that
Fieldstone's rain event logs were incompletely filled out. As you know, Southgate Construction was
Fieldstone's general contractor on the site. Mr. Tom DiGiampaolo from Southgate Construction attended
the March 2002 class at Central Piedmont Community College on sedimentation and erosion control and
was responsible for properly completing the documentation. Based on his attendance of the
aforementioned class I was under the impression that Mr. DiGiampaolo fully understood the
requirements, and I apologize that apparently he did not.
My conversations with you and with Mr. Autry during his site visit made me aware that we need further
education on our record keeping obligations under our erosion control permit. Since you and I talked,
Mr. Joe Harris, Fieldstone's retained engineer, has contacted Mr. Steve Allred of NCDENR on this
topic. Mr. Allred suggested we contact Ms. Susan Yates to set up formal training for all of Fieldstone's
responsible parties in order to gain a complete understanding our how our records should be kept.
Attendees at the training will be me, Mr. Harris, Mr. DiGiampaolo, and Mr. Tim Stewart of Fieldstone.
If Ms. Yates schedule permits, we hope to have this training completed by the second week of October
2003.

07/06/2014 01:43 FAX
Ve 003/003
Fieldstone requests that your office not send a recommendation for enforcement action to the Director of
the Division of Water Quality. Again, all corrective work was completed prior to Fieldstone's receipt of
Mr. Gleason's letter, Fieldstone is standing by to implement the recommendations of Mr. Barnes, and we
Fieldstone is taking affirmative steps to rectify its recordkeeping weaknesses.
Thank you for your consideration. Please do not hesitate to contact me if you have any questions or
desire further information.
Sincerely,
cc: r Mr. Rusty Rozzelle
Mecklenburg County Water Quality
700 N. Tryon Street
Suite 2©5
Charlotte, North Carolina 28202

COBBLESTCN E Bu E
October 6, 2003
Our company will be relocating. As of October 20, 2003, you will no longer be able to
reach us at 4508 E. Independence Blvd., Suite 205. Our new address is 321 N. Graham
St., Charlotte, NC 28202.
Our telephone numbers will remain the same. In case you do not have them they are as
follows: fax - 704-568-1165, telephones - 704-568-2840 and 704-568-4848.
Please make a note of these changes.
Thank you.
Sincerely,
NC DEPT. 07 — Dr,R74:171FXr
AND 77: 7.!
11.1007
Frank DeSimone
Cobblestone Builders OCT 1 5 2003
L
4508 E. Independence Blvd., Suite 205 • Charlotte, NC 28205
Phone [phone] • Fax [phone]

09/12/2003 13: 59
7045681165
COBBLESTONE BUILDERS
PAGE 01
September 12, 2003
FIELDSTONE ASSOCIATES, LP
Mr. Richan; Bridgeman
NCDENR
Mooresvilln Regional Office
919 North k lain Street
Mooresvilk North Carolina 28115
RE: Notici; of Violation and Recommendation for Enforcement
Compliance Evaluation Inspection
Brawlo / Farms — NPDES Permit No. NCG010000
Meckk; nburg County, N. C.
Dear Mr. Bri igeman:
Thank for sl;eaking with me today. I sincerely appreciate the additional information you gave
to me regan:ing our NPDES permit. I also want to thank you for giving me until September 26,
2003 to resp Dnd to the NOV and Recommendation for Enforcement. I am awaiting written
confirmation from Ms. Joanne Lopez and Mr. Will Autry that work has been completed to their
satisfaction nd that the environmental specialist that I hired has completed his work and
submitted if 13r their approval. I sincerely apologize for the delay this has caused.
Thanks agar I for your kind assistance and patience in this matter.
Best regard
Frank De Sirr one
Construction vlanager
4508 E. INDEPENDENCE BLVD, SUITE 205 CHARLOTTE. NC 28205
PHONE [phone] NI FAX 704,568.1165

Michael F. Easley, Gov
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
700
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Frank DeSimone, Registered Agent
Cobblestone Builders, LLC
4508 E. Independence Blvd., Suite 205
Charlotte, NC 28212
SUBJECT:
Dear Mr. DeSimone:
NOTICE OF VIOLATION and
RECOMENDATION FOR ENFORCEMENT
Compliance Evaluation Inspection
Brawley Farms
NPDES Permit No. NCG010000
Mecklenburg County, N.C.
On August 8, 2003, Messrs. Brad Loveland and Will Autry of the Mecklenburg County
Water Quality Program (MCWQP) conducted an inspection at the subject facility. This
inspection was conducted as part of a cooperative working agreement between Mecklenburg
County and the Division of Water Quality. The enclosed report should be self-explanatory.
This Notice of Violation is being issued for violation of North Carolina General Statute
(G.S.) 143-215.1 and for violations of the subject NPDES Permit, as noted under the Records /
Reports, Facility Site Review / Operations & Maintenance, Runoff / Receiving Waters, and
Self -Monitoring Program headings of this report.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per day per violation may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit required by
G.S. 143-215.1. Please be advised that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality.
AifiN
tiam
Mooresville Regional Office, 919 North Main Street, Mooresville, North Carolina 28115
Phone [phone] Customer Service
Fax [phone]

Mr. Frank DeSirnone
Page Two
September 3, 2003
It is requested that a written response be submitted to this Office by September 19, 2003
addressing the violations noted under the Records / Reports, Facility Site Review / Operations
& Maintenance, Runoff / Receiving Waters, and Self -Monitoring Program headings of the
report. In responding, please address your comments to the attention of Mr. Richard Bridgeman
at the letterhead address. Additionally, please send a copy of the response to Mr. Rusty Rozzelle
of MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, NC 28202.
Be aware that this office is considering sending a recommendation for enforcement action
to the Director of the Division of Water Quality. If you have an explanation for the violations
that you wish to present, please do so 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 with the enforcement package for his consideration.
If you have any questions concerning this report or any other matters, please do not
hesitate to call Mr. Bridgeman or me at 704-663-1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Rusty Rozzelle, MCWQP
DRG/bpl
FILE: Erosion FY04\NCG010000\Inspecti s‘Loveland\03-0 I 154.080803.Brawley Farms.doc

Transaction
N
United States Environmental Protection Agency, Washington, DC 20460
NPDES Compliance Inspection Report
North Carolina Depai twent of Environment and Natural Resources
Division of Water Quality, Mooresville Regional Office
Code
5
Inspection Work Days
5
AVA
NCDENR
SectionNationAl Data System Coding
NPDES Permit No. YR/MO/DAY
NCG010000 2003/08/08
Inspection Type Inspector
Remarks:
Inspector: Mecklenburg County Water Quality Program
FacilitySelf-Monitoring Evaluation Rating
2
,A4
Name and Location of Facility Inspected:
Brawley Farms Phase 3
9900 Brawley Rd
Charlotte, NC 28215
BI
N
Section B: Facility I)ata
Entry Time:
2:30pm
Exit Time:
5:30pm
Date:
August 8, 2003
QA
N
Form Approved
OMB No, 2040-0003
Approval Expires
7/31/85
Facility Type
2
Reserved
Permit Effective Date:
July 2, 2002
Permit Expiration Date:
September 30, 2006
Name(s) of On -Site Representatives --Title(s)-----Phone No(s):
Frank DeSimone, Financially Responsible Party, Cobblestone Builders, [phone], F: [phone]
Tom DiGiampaolo, Project Manager, Southgate Contracting, [phone], F: [phone]
R. Joe Harris, P. E., R. Joe Harris & Associates, LLC, [phone]
Name and Address of Responsible Official:
Frank DeSimone
Cobblestone Builders
4508 E. Independence Blvd., Suite 205
Charlotte, NC 28212
El Permit
Records/Reports
Facility Site Review
Effluent/Receiving Waters
El Flo
Measurement
IsE Self -Monitoring Program
Compliance Schedules
Laboratory
-41,111”:0115#,,
Title:
Registered Agent
Phone No.
[phone]
Eg Operations & Maintenance
El Sludge Handling/Disposal
Pretreatment Program
Ej Stormwater
ec ummary oto ing omments
All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summa
Signature(s) of Inspector(s):
D. Al,trg
Signature of Reviewer:
Agency/Office/Telephone:
MCWQP / 704-336-5500
MCWQP / 704-336-5500
Agency/Office
Contacted?
Y
0 Sewer Overflow
Ej Pollution Prevention
0 Multimedia
El Other:
Date:
August 27, 2003
August 27, 2003
Date:
EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete

GENERAL:
This NPDES inspection was conducted at the request of the City of Charlotte Land
Development Division (CLD). CLD issued a Notice of Violation on August 8, 2003
documenting violations of the approved erosion control plan for this site. The NOV is attached
for reference.
PERMIT:
During a pre -construction meeting conducted by CLD on May 28, 2002, Tim Stewart
(operations manager for Feildstone Associates) signed a form documenting that he had been
made aware of the requirements of NCG010000. On July 2, 2002, during a follow up inspection
to issue the grading permit, Tom DiGampaolo (project manager w/ Southgate Contracting)
signed this same document. (See attached).
RECORDS/REPORTS:
The self -inspection log has been maintained since the project began but it is vague and
inconsistent. For example, at the time of the inspection there were three riser basins and three
sediment basins making a total of six active basins on this project. The logbook inspection sheet
from the week of August 11, 2003 shows that there are only 4 "silt ponds." From all previous
weeks there is documentation of only a "detention pond" and a "silt pond." There was also no
record of any blowouts or overfilling of the basins that would lead to off -site sedimentation;
however, there was obvious off -site sedimentation downstream of sediment basin #3, riser basin
#2, riser basin #1, and riser basin #4. The off -site sedimentation in some of these areas was as
much as 4 to 5 inches deep.
Rating: Unsatisfactory
FACILITY SITE REVIEW/OPERATION & MAINTENANCE:
From November 13, 2002 through August 4, 2003 there was no mention of cleaning out
basins in the self -inspection logbook. There were entries that mentioned the maintaining of the
weirs, or adding washed stone to risers, but no cleaning out of basins. At the time of this
inspection, sediment basin #3, riser basin #2, and riser basin #4 all needed to be maintained
and/or cleaned out.
In addition to cleaning out sediment basin #3, the weir needed to be refreshed with clean
washed stone. There were signs of previous blowouts downstream of the basin. There was
washed stone and visible off -site sedimentation up to three (3) inches deep behind the weir and
into the drainage area. The weir itself was six (6) ft. in length rather than the state required ten
(10) ft. minimuin.
Downstream of riser basin #2, the check dams needed to be maintained. The riser basin
itself needed to be cleaned out, and the riser structure needed to be refreshed with new washed
stone. There was off -site sedimentation downstream of the riser structure as much as three (3)
inches deep in the SWIM stream buffer.

FACILITY SITE REVIEW/OPERATION & MAINTENANCE (cont.):
Downstream of riser basin #1, a segment of silt fence was undermined. This fence
needed to be towed in and have washed stone added to prevent this from occurring again. Off -
site sedimentation was noted beyond the silt fence measuring as much as two (2) inches deep.
The face of the weir of sediment basin #7 needed to be cleaned and refreshed with
additional washed stone.
A diversion ditch entering the low end of riser basin #4 needed to be reworked because
stormwater was bypassing it and running off to a section of silt fence between sediment basin #7
and riser basin #4. There was a long diversion ditch, which had not been stabilized, had no
velocity checks, and was eroding badly, running through the disturbed area upstream of riser
basin #4. This diversion ditch appeared to have been installed to route stormwater from the road
and from the stabilized road apron to riser basin #4. The erosion of this ditch and the large gully
it formed where it enters riser basin #4 were causing the basin to receive an unusually heavy
sediment load. There were also gullies on the other banks of riser basin #4. The failure to keep
this basin functioning at its optimum efficiency resulted in sedimentation downstream measuring
as much as five (5) inches deep.
Rating: Unsatisfactory
RUNOFF/RECEIVING WATERS:
As shown in the attached photographs there were deep accumulations of off -site sediment
in the SWIM stream buffer and other areas of the project as a result of the permittee's failure to
maintain all erosion control measures at their optimum efficiency.
Rating: Unsatisfactory
SELF -MONITORING PROGRAM:
The self -monitoring portion of the permittee's logbook was very vague, with little or no
detail on each particular discharge point. Prior to June 9, 2003, the self -monitoring portion of
the logbook was not filled out completely, and there were two weeks when no records were
available. The only items filled out are floating solids and visible sediment leaving the site.
There has never been any record of off -site sedimentation even though it was visible throughout
the project during the inspection.
Rating: Unsatisfactory

Brawley Farms
NCG010000
Compliance Evaluation Inspection
August 8 2003
Attachments

Brawley Farms
NCG010000
Compliance Evaluation Inspection
August 8, 2003
Attachment 1
CLD NOV,
Financial Responsibility Form, Permit to
Conduct Land -Disturbing Activity,
NCG010000 Acceptance Form

Brawley Farms
NCGo10000
Compliance Evaluation Inspection
August 8, 2003
Attachment 2
MCWQP Photographs

City of Charlotte &
Mecklenburg County
Soil Erosion and Sedimentation Control ©rd.naxzc
5inancia6 Pedpon '1.11 Out Jhip 5orrn
No Person may initiate any land -disturbing activity covered by Chapter 18 Article 2 of the
Charlotte City Code or Section 6 of the Mecklenburg County Sedimentation and Erosion
Control Ordinance prior to completing and filing this form with the City of Charlotte
Engineering & Property Management Department, Land Development Services Division or
Mecklenburg County Land Development Services. If the financially responsible party is out of
State, a North Carolina agent must be assigned. (Please type or print)
Part A.
I. Project where land -disturbing activity is to be undertaken:
Brawley Farms Subdivision
2. Address of land -disturbing activity: 9900 Brawley Road
3. Approximate date land -disturbing activity will commence: March 1999
4. Purpose of Development: (residential, commercial, industrial, ect.)
Residential
5. Approximate acreage of land to be disturbed or uncovered: 60.71
6. List total site average: 71 .09
7. Land owners of Record : (Use blank page to list additional owners)
Name: Frank W. Brawley ' Name: Juanita McKee Hancock
Address:8812 Harrisburg Rd. Address:9917 Brawley Rd.
Charlotte, NC 28215-4406 Charlotte, NC 28205-5064
Phone:
Phone:
8. Indicate Book, Page where d
deeds or instruments)
or inst is filed: (use blank page to list additional
Book 4507 page 466 Book 190 Page 140
(over)

Part B.
1. Person(s) or firm(s) financially responsible for this land -disturbing activity:
Fieldstone Associates L.P.
Person or firm: :Person or firm:
Address:906 A Cross Keys Dr. Address:
Doylestown, PA 18901
pbonc: (215) 3 4 8 -17 7 5 phone:
Fax: [phone] Fax:
2. North Carolina agent, for the person or firms who is financially responsible:
au
individual.
Date
me t
Witnes
My ccrmml"sei©
Name: Frank DeSimone
Address: 811 Rothmoor Dr., Concord, NC 28025
Phone: [phone] Fax:
704)721-0641
information is true and correct to the best of my knowledge and belief and was
while under oath. (This form must be signed by the fmanciaiiy responallc
ividuai, or by an officer, director, partner, attorney -in -fact, or other person
execute instruments •for the financially responsible person, if not an
c© Public.County
State
te- S/ ✓)•-• n fq,4-----" personally appeared Ware
ledge that this form wa4 executed by him/her.
this day of 44-4 Q 7
(Notary)
r

Brawley Farms Ph3 At Crossley
Printed On: 03-DEC-2001
Permit Number:GRS 2001364
Plan Check Number:
CHARLOTTE.
City of Charlotte - Engineering And Land. Development
600 East Fourth Street
Charlotte, North Carolina 28202-2850
Grading Permit
Individual's / Company Name
;(APP) Fieldstone Associates, Lp
r(OWN) Fieldstone Associates, Lp
(CNT) Joel E. Wood & Associates, P11c
Tract Name / Number
Estimated Value:
Expiration Date: 03-DEC-2004
Permit Status: OPEN
Status Date:03-DEC-2001
Address / City, State Zip
906 A Crosskeys Dr
Doylestown, PA 8901
906 A Crosskeys Dr
Doylestown, PA 8901
Po Box 296
Clover, 29710
Block(s1 Lot(s)
Calculated Value: $0
Phone Number
215/348-1775i
215/348-1775'
803/6B4-339tJI
Assessor's ID
11102106
Permit Quantities
Total Of Disturbed A
Comments
Comments or Y / N
64.11
Permit Quantities Qty Comments or Y / N
Fees
Amount Fee Descpn Amo�NjGrading - City Engineerin unt
$5,050.00 Detention - City - Eng 56,900.00
UGot r
Total Feea
© — Total Fees Due: $0.00 Total Fees Paid:
VThis permit conveys approval from the permitting entity to conduct land -disturbing activity by the owner or his agent as shown on l
y the approved plan in accordance with the Sedimentation and Erosion Control Ordinances, Tree Preservation Ordinances and related
„rt policies. This permit is valid until the project is complete or 3 years from the issuance of the permit, whichever comes firs
`�� If erosion control measures required by the plan prove to be inadequate to control sediment as required by the Ordinance, the
M applicant will be required to submit a revised plan and take corrective measures. By issuance of this permit an inspector has
..0 , the right to inspect the permitted property for compliance with the Ordinance at any time during and after construction.
Signature:
nature:__
Date:
Date:
Appii
G
0
$11,450,00
$11,450.00
zl
COPYRIGHT I:IVA 1997

cHA.LoT .
City of Charlotte Engineering & Property Management
Land Development Division
Project Name:
Date: ©
This letter indicates that either the financial responsible party or an agent of the financial
party has accepted and understands the terms and agreement of the following documents:
> Mecklenburg County Environmental Protection NPDES Cover letter.
➢ NPDES Peiinit No. NCG©I0000
➢ Pre -Construction Meeting Notes
> Horne Builder Letter*
*Home Builder letter is for subdivision development.
/➢ Erosion and Sedimentation Control Ordinance Fact Sheet.
(Log book requirements for sites > 1 acre)
Company:
Phone: 70 y — y41 _ & q,
Fax: :
Signature

cHARLO 1'1'E.
City of Charlotte Engineerin Property Management
Land Develo �F Division
This letter indicates that either the financial responsible party or an agent of the financial
party has accepted and understands the terms and agreement of the following documents:
l,4,- Mecklenburg County Environmental Protection NPDES Cover letter.
NPDES Permit No. NCG010000
> Preconstruction Meeting Notes
*Home Builder letter is for subdivision development.
Printed Name:
Company: ,#tiQ
Phone: V 6 8 '2e'W
Fax:: 74<,' Sif(o
Signature:

CHARLO I I E.
08-AUG-2003
Engineering and Property Management Department
Land Development Division
600 East Fourth Street
Charlotte, North Carolina 28202-2844
TO: FIELDSTONE ASSOCIATES LP
C/O COBBLESTONE BUILDERS, LLC
4508 E INDEPENDENCE BLVD, STE 205
CHARLOTTE NC 28205
RE: CASE No: 03-0001384
Address: 0 ROBINSON CHURCH RD
Project: BRAWLEY FARMS PH3 - BRAWLEY FARMS PH3 AT CROSSLEY
ORDINANCE REFERENCES: 18-26c Compliance
18-26d Protection of Property
18-29c Responsibility for Maintenance
18-28b,c Sufficient Stabilization
CERTIFIED MAIL
NOTICE OF VIOLATION
You or your firm are on record as the owners or financially responsible
party for land -disturbing activity at the subject site, which is
presently in violation of the City of Charlotte Soil Erosion and
Sedimentation Control Ordinance (Chapter 18 of the City Code). The
attached Inspection Report/Notice of Violation documents an inspection
and outlines the specifics of the violation and the corrective actions
necessary to bring the site into compliance with the City Ordinance.
The deadline for corrective action is noted on the attached Inspection
Report.
If these requirements are not met and inspected by this office by the
date noted on Inspection Report, you will be liable for civil penalties
as determined by the City Engineer of up to $5000 per day from that
date of this Notice of Violation forward. The City of Charlotte will
take any steps deemed necessary to secure compliance with these
requirements. I urge you to give this matter your immediate attention.
Should you have any questions or wish to arrange an inspection, contact
either the Inspector or Erosion Control Coordinator listed below. You
should not assume the property is in compliance with the ordinance
until I have notified you.
Issued by:
JoaJne Lopez
(704)3 6-3647
Contro
dinator

Engineering and Property Management Department
Land Development Division
600 East Fourth Street
Charlotte, North Carolina 28202-2844
RE: CASE No: 03-0001384
Address: 0 ROBINSON CHURCH RD
Project: BRAWLEY FARMS PH3 - BRAWLEY FARMS PH3 AT CROSSLEY
Inspection Report
Contact: Frank DeSimone
Title/Company: Fieldstone Associates, LP
2. Conditions: Cloudy, Wet, Between 50 and 85 degrees
3. Report Type: NOV_R
4. Have Photographs been taken?: Yes
5. Sedimentation Damage?: Yes
Extent? Severe
Damaged Location: SWIM buffer to Reedy Creek
6. Delivery Method:
Mailed: Yes On Site: No FAXed: Yes FAX Number: 704-568-
1165
Violations
1. INSUFFICIENT MAINTENANCE OF EROSION CONT
Due Date: 12-Aug-2003
Corrective Action:
1. Dewater all basins holding water using a filter system designed
to trap sediment and reduce turbidity - consult w/ an erosion control
professional for available products.
2. Clean out sediment such that basins are restored to full
capacity, w/ a flat bottom surface area to promote settling.
3. Re -stone weirs/risers, removing any stone that is clogged w/
sediment.
4. Install baffles in basins, or use some other method to increase
settling time.
5. Clean sediment out of lined channel leading from Basin #2..
Reseed and add matting as needed.
6. Fill in large gullies that have formed on site and reinstall
check dams.
7. Suggest adding a secondary basin or forbay temporarily upstream
of basin #2 to help control some runoff before it reaches perimeter
basin.
8. Install inlet protection around all storm inlets.
9. Temporary seed all areas where work has or will cease for more
than 15 days.

10. Clean out any sediment that has been deposited behind basins at
outfalls.
11. Repair all silt fence and add silt fence in any problem areas
where it would be beneficial.
12. Address basin berm failure in Basin #1, and any other basins
with washout problems.
13. Contact a wetland specialist to visit site and advise on
cleanup of sediment in any streams, wetlands or SWIM buffer.

Brawley Farms
NC G010000
Compliance Evaluation Inspection
August 8, 2003
Attachment 2
MCWQP Photographs

Sediment basin #7
Diversion ditch next to sediment
basin #7

430 Amon Lane
Pineville, NC 28134
January 12, 2004
Subject: Violation of G.S. 143-215.1(a)
Discharge of Wastewater
430 Amon Lane, Pineville
Mecklenburg County, N.C.
Mr. Richard Bridgeman
Division of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
Dear Mr. Bridgeman,
NC DEPT. 0
AND NAT' ,,
goOREV,,
MA
1.
JAN 1 4 2004
E QUALITY SE
After receiving advisement on November 24, 2003 of violation in discharge of wastewater, I contacted a
plumber who corrected the problem by running that wastewater into our existing septic tank. After making
that correction, I contacted Mr. Jeff Price, who came back to the site the first week of December and did an
inspection. Mr. Price was satisfied with action taken. The disconnection of discharge pipe and
reconnection to septic tank were noted.
Respectfully,
Bobby W. Page
cc: Mr. Rusty Rozzelle of MCWQP

North Carolina
Michael F. Easley, Governor
William G. Ross Jr„ Secretary
of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bobby W. Page, Owner
430 Arnon Lane
Pineville, NC .28134
SUBJECT:
Dear Mr. Page:
January 7, 2004
7003 2260 0001 3491 1050
NOTICE OF VIOLATION
Violation of G.S. 143-215.1(a)
Discharge of Wastewater
430 Amon Lane, Pineville
Mecklenburg County, N.C.
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.
On November 24, 2003, Mr. Jeff Price of the Mecklenburg County Water Quality
Program (MCWQP) conducted an investigation of the residential property located at 430 Amon
Lane in Pineville, N.C. This investigation was conducted as part of a cooperative working
agreement between Mecklenburg County and the Division of Water Quality. As a result of this
investigation, the following condition was found on the property in violation of G.S. 143-
215.1(a):
Discharge of wastewater to a tributary of Sugar Creek, a Class C water in the
Catawba River Basin.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), 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 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. You will be advised
of any enforcement recommendation.
orx
N;thCarolina
Asa
KnENR
aturaily Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Mr. Bobby Page
Page 2
January 7, 2004
To comply with the law, it will be necessary to immediately discontinue all illegal discharge
activity. It is also recommended that you implement corrective actions to eliminate the potential for
recurrent illegal discharges.
It is requested that you respond, in writing, to this Notice, addressing the actions taken to
correct the violation, including the present status of the cleanup activities and actions taken to
prevent future discharges. Please address your response to Mr. Richard Bridgeman at the
letterhead address by no later than January 26, 2004. Additionally, please send a copy of this
response to Mr. Rusty Rozzelle of MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, N.C.
28202.
If you have any questions concerning this report or any other matters, please do not
hesitate to call Mr. Bridgeman or me at 704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Rusty Rozzelle, MCWQP
DRG/jsp
FILE: K:\ENV\EPIC1 WQW©V\200301492a.nov

EPIC ~VV0
12/15/2003,
SERVICE REQUESTIWORK ORDER
LOG NUMBER: 2003-01492
SECTION: VVOS
ENVIRONMENTALIST: Jeff S.Price
NATURE '3FREQUEST: Administrative Request/Work Order
FILE DESCRIPTOR 1: IC-|(G)-Cl
FILE DESCRIPTOR 2: BASIN 27
CONTACT:
COMPANYIWORKPLACE:
JEFFPR|CE
DATE. 11/24/2003 @1O:23
TAKEN BY: Jeff S. Price
REQUESTING PARTY INFO
BUSINESS PHONE NO: ( ) - HOME PHONE NO:
< ) '
NOTIFICATION PROMPT: Government
COMPANY* BASIN 27-SUGAR CREEK
ADDRESS: 430AMONLN
P|NEV|LLENC28134' -
CONTACT: BOBBY VV.PAGE
PHONE NO: (704)588'4760
FACILITY INFO
ACTIVITIES
SERVICE REQUESTED..:
Washing machine discharge observed behind residence located at 430 Amon off Downs Circle. Please follow up.
ACTION TAKEN .......
�
11/25C2UO3
JPhooresponded VoARxg43OAmon Lane. I took photographs ofthe pipe and discharge and left and environmental notice
for the resident.
Mr. Bobby Page called me later in the afternoon and identified himself as the property owner and tenant. Mr. Page stated that
the residence was serviced byaseptic system and that the pipe was adischarge for their washing machine. Hestated that
the washer had been installed acouple ofyears ago and that hewas not the owner otthe time ofinstallation.
| explained that this was a violation, that he would receive and NOV and that the situation would have to be resolved ASAP.
Mr. Page indicated that he had been considering a CMU sanitary sewer connection anyway, and that he would pursue a city
sewer tap a*ocorrective action. I asked Mr. Page to avoid using the washwer until the problem had been resolved.
11/26/2O83
JPrice drafted a State NOV.
128}1/2UO3
Mr. Page called and indicated that he had contacted a plumber and had decided to connect the washing machine into the
existing septic system. He would pusue a city sewer tap at a later date if the septic system held up under the increased flow.
Mr. Page offered to call me when the necessary repairs had been completed for a follow up inspection.
12/2Y20O3
Mr. Page reported that a plumber had disconnected the line under his house that ran to the creek and tied the washing
machine into the existing septic system.
12/4/2UO3

EPIC WQ
12/15/2003,
SERVICE REQUESTNVORK ORDER
PAGE NO: 2
SAMPLES
DISPOSITION, ETC.
NOTIFIED REQ PARTY: N TIME ON SITE: 1:00
VERBAL OR WRITTEN: TRAVEL TIME: 1:00
DATE NOTIFIED: / / ADMIN TIME: 4:00
NOTICE OF VIOLATION: N MILEAGE: 0
LEGAL ACTION: N SITE VISITS: 0
WELL SAMPLE: N RECALL DATE: / /
OUTFALL SAMPLE: N STATUS: OPEN
LAKE/STREAM SAMPLE: N DATE CLOSED: / /
EMERGENCY RESPONSE: N
REVIEWED BY:
1 /