NCG070225_NOV-2022-DV-0089 NOI_20220330

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7018 3090 0001 2323 0140
Return Receipt Requested
Carl Butler, Operations Manager
Majestic Kitchen & Bath
13570 Broadway Avenue
Midland, NC 28170
NORTH CAROLINA
Environmental Quality
March 30, 2022
SUBJECT: Notice of Violation/Notice of Recommendation for Enforcement
Unpermitted Discharge of Wastewater
Violations of G.S. 143-215.1(a) & 15A NCAC .02B .0211(8)
Majestic Kitchen & Bath
Cabarrus County
Tracking No. NOV-2022-DV-0089
Dear Mr. Butler:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental
Management Commission of the Department of Environmental Quality to protect and preserve the water resources of the State.
The Division of Water Resources (DWR) has the delegated authority to enforce adopted water pollution control rules and
regulations.
DWR and the Water & Sewer Authority of Cabarrus County (WSACC) staff inspected the Majestic Kitchen & Bath
business site located at 13570 Broadway Avenue, Midland, Cabarrus County on March 15, 2022. The wastewater from the
cutting of stone, marble, etc. was being discharged from a separated PVC sewer pipe (photo 1 attached) and into an unnamed
tributary to Muddy Creek (Class C waters). The unnamed tributary to Muddy Creek became significantly turbid directly
downstream of the confluence with the unpermitted discharge (photo 2 attached). The unnamed tributary to Muddy Creek was
clear upstream (photo 3 attached) of the unpermitted discharge confluence and continued to be significantly turbid
approximately 500 feet downstream.
As a result of the unpermitted discharge of the marble/stone cutting wastewater into an unnamed tributary to Muddy Creek,
Majestic Kitchen & Bath is in violation of the following:
1. G.S. 143-215.1(a) Control of Sources of Pollution — Permits Required, which states in part, "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."
D_E
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North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue. Suite 301 1 Mooresville. North Carolina 28115
704.663.1699

2. 15A North Carolina Administrative Code (NCAC) .02B .0211(8) Fresh Surface Water Standard for Class C Waters —
Floating solids, settleable solids or sludge deposits, which states "only such amounts attributable to sewage, industrial
wastes, or other wastes as shall note make the water unsafe or unsuitable for aquatic life and wildlife or impair the
waters for any designated uses"
Please be advised that G.S. 143-215.6A provides for a civil penalty 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(a) and/or against any person who
violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-214.1, 143-214.2, or
143-215.1. Penalties may also be assessed for any damage to surface waters of the State that may result from the violation.
This letter is also to advise you that this Office is considering the initiation of an enforcement action for the discharge of
the marble/stone cutting wastewater into the unnamed tributary to Muddy Creek and the resulting stream impacts. The facility
must immediately cease the wastewater discharge and initiate the appropriate cleanup activities. It is requested that a written
response be submitted to this Office by April 15, 2022, addressing the actions taken to cease the wastewater discharge and the
details of all cleanup activities. In responding, please address your comments to the attention of Mr. Wes Bell.
Should you have any questions concerning this Notice, please do not hesitate to contact Mr. Bell at [phone] or at
[e-mail].
Cc: Beverly Metcalf, WSACC (eCopy)
Mooresville Region Office - Laserfiche
Sincerely,
—DocuSigned by:
"—A14CC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue. Suite 301 1 Mooresville. North Carolina 28115
704.663.1699

PHOTO 1— Separated pipe and associated discharge observed on March 15, 2022
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue. Suite 301 1 Mooresville. North Carolina 28115
704.663.1699

PHOTO 2 — Upstream of the observed discharge showing a non -turbid tributary to Muddy Creek
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NEM CAP,' INA
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office I 610 East Center Avenue. Suite 301 1 Mooresville. North Carolina 28115
704.663.1699

PHOTO 3 — Downstream of observed discharge showing extreme turbidity in tributary to Muddy Creek
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ILLORIN .1401_1.
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office I 610 East Center Avenue. Suite 301 1 Mooresville. North Carolina 28115
704.663.1699