NCG520079_Compliance_20100611

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NCDENR
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 11, 2010
CERTIFIED MAIL ITEM 7009 1680 0002 2464 6715 - RETURN RECEIPT REQUESTED
Mr. Brad Wickham
Brad Wickham's Topland Services
1134 U.S. Hwy 221 S
Rutherfordton, N.C. 28139
SUBJECT: Notice of Violation
Discharge of Wastewater Without a Permit
NCG520079 - Harris Lee Drive site
NCG520080 - Cherry Mountain Street site
Rutherford County
Dear Mr. Wickham:
The Division is auditing its files regarding sand dredging operations covered under General Permit
NCG520000. During our file review it was determined that:
➢ The Division has no record of your having a valid permit for the discharge of wastewater from the
dredging site off Harris Lee Drive near Forest City, previously covered by Certificate of Coverage
(CoC) NCG520079, nor the site on Cherry Mountain Street, perviously covered by NCG520080.
NCG520079 and NCG520080 expired on 7/31/2007.
➢ Annual fees for 2010 have not been paid for either site.
There are serious compliance issues and violations noted as follows.
Discharging Without a Permit
You are hereby advised that the discharge of wastewater without a permit from the Division constitutes a
violation of North Carolina General Statute (NCGS) § 143-215.1 [Control of sources of water pollution;
permits required], which states:
(a) Activities for Which Permits Required. — No person shall do any of the following things or carry
out any of the following activities unless that person has received a permit from the Commission and has
complied with all conditions set forth in the permit:
(1) Make any outlets into the waters of the State.
(2) Construct or operate any sewer system, treatment works, or disposal system within the
State.
(6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner
intermixed with the waters of the State in violation of the water quality standards
applicable to the assigned classifications or in violation of any effluent standards or
limitations established for any point source, unless allowed as a condition of any permit,
special order or other appropriate instrument issued or entered into by the Commission
under the provisions of this Article.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet httpl/portal.ncdenr.org/web/wq
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NCG520072 NOV letter
Page 2 of 2
The enforcement options available to the Division for violations of § 143-215.1 are found at NCGS 143-215.6
A, B, and C, and include civil penalties, criminal penalties, and / or injunctive relief. The civil penalties
for violations such as these may be as high as $25,000.00 per day per violation.
You must immediately take whatever steps are necessary to resolve the unpermitted discharge
of wastewater from your property.
• Complete the enclosed Renewal Form for each site and return it to Mr. Charles Weaver at the
address indicated on the Form within 10 days of receipt of this notice.
• With the renewal form you should submit payment for the unpaid annual fees, which total $200.00.
Make checks payable to NC DENR; include the invoice number[s] on your check[s].
OR
• Submit a response letter documenting the date that either dredging operation was shut down. The
letter should also document that you have no plan to discharge wastewater at the site[s] in the
future.
The Division is considering the pursuit of punitive sanctions against you. If we do not receive
the items listed above by June 30, 2010, a civil penalty will likely be assessed.
A duplicate copy of the completed Renewal Form should be sent to:
Mr. Keith Haynes
NC DENR Asheville Regional Office
2090 U.S. Hwy 70
Swannanoa, NC 28778
Your response to this Notice of Violation will be reviewed by Division staff. If an enforcement action is still
deemed appropriate, this information, along with other relevant information, will be forwarded to the
Director for a final decision.
Should you have any questions on this matter, contact Mr. Haynes at [phone] or via e-mail
[keith.haynes@ncden r. zovl.
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
cc: Central Filc BRAD WICKHAM
Asheville Rr BRAD WICKHAM'S TOPLAND
NPDES Un, SERVICES
1134 US HWY 221 S
RUTHERFORDTON NC 28139
COMPLETE THIS SECTION ON DELIVERY
2. Article Number
(Transfer from service label)
A. Signature
X
B. Received by ( Printed Name)
/ %LG .f
p% ❑Ag
Z'Xddressee
C. Date of Delivery
—10
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: E-t/
3. ervice Type
Certified Mall ❑ Express Mail
Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7009 1680 0002 2464 6715
PS Form 3811, February 2004
Domestic Return Receipt
102595-02-M-1540