NCG070225_NOV-2021-DV-0117_20220425

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretory
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
April 25, 2022
CERTIFIED MAIL #7020 3160 0000 3277 0440
RETURN RECEIPT REQUESTED
Scott Byers, CEO & President
Majestic Kitchen & Bath
106 Jeffery Way
Youngsville, NC 27596
SUBJECT: Notice of Violation/Notice of Recommendation for
Enforcement for Continuing Violation
Unpermitted Discharge of Wastewater
Violations of G.S. 143-215.1(a)
Majestic Kitchen & Bath
Cabarrus County
Tracking No. NOV-2021-DV-0117
Dear Mr. Byers:
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 staff performed a follow-up inspection at the Majestic Kitchen & Bath business site located at 13570 Broadway
Avenue, Midland, Cabarrus County, on April 21, 2022. The wastewater from the cutting of marble, stone, etc. (hereinafter
called wastewater) was being discharged onto the gravel driveway and into the adjacent wooded area prior to entering an
unnamed tributary to Muddy Creek (Class C waters). This facility has previously been issued Notice of Violations
(NOVs)/Notice of Recommendation for Enforcements for the unpermitted discharges of wastewater into the unnamed tributary
to Muddy Creek on letters dated March 31, 2021, and May 11, 2022. Note: The Company did not provide a response (due April
15, 2022) to the May 11, 2022, letter.
As a result of the continued unpermitted discharge wastewater into an unnamed tributary to Muddy Creek, Majestic
Kitchen & Bath has been found to have continued to violate G.S. 143-215.1(a)/Control of Sources of Pollution — Permits
Required. 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). Penalties may also be
assessed for any damage to surface waters of the State that may result from the violation.
D_E Q `J/ North Carolina Department of Environmental Quality I Division of Water Resources
��"" Mooresville Regional Office 1610 East Center Avenue. Suite 301 I Mooresville. North Carolina 28115
704.663.1699

This letter is also to advise you that this Office is considering the initiation of an enforcement action for the continued
unpermitted wastewater discharge into the unnamed tributary to Muddy Creek. The facility must immediately cease the
wastewater discharge onto the ground and into the unnamed tributary to Muddy Creek. It is requested that a written response
be submitted to this Office by May 16, 2022, addressing the actions taken to cease the wastewater discharge and the Company's
plans to provide an approved disposal option for all future wastewater discharges. 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].
Enclosure: Pictures from 4/21/22 Follow-up Inspection
Cc: Carl Butler, Majestic Kitchen & Bath, (eCopy)
NORTH CPPOLINA
OE
Sincerely,
DocuSigned by:
Ft1,111444,
P, 444
F161 FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
fo r
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue. Suite 301 I Mooresville. North Carolina 28115
704.663.1699

All photographs taken during April 21, 2022 follow-up inspection at Majestic Kitchen & Bath.
PHOTO #1—The wastewater (from the cutting of marble, stone, etc.) being discharged onto driveway from reuse tank.

PHOTO #2 — Wastewater being drained from reuse tank (red handle valve in open position) and discharged onto
driveway.

PHOTO #3 — Wastewater flowing into woods (from driveway) and ultimately into unnamed tributary to Muddy Creek.

PHOTO #4 — Wastewater flowing into unnamed tributary to Muddy Creek.