NCG070225_NOV-2022-DV-0117 Response_20220601

SMITH, ANDERSON, BLOUNT,
DORSETT, MITCHELL & JERNIGAN, L.L.P.
OFFICES
Wells Fargo Capitol Center
150 Fayetteville Street, Suite 2300
Raleigh, North Carolina 27601
STEPHEN T. PARASCANDOLA
DIRECT DIAL: [phone]
E-Mail: [e-mail]
VIA U.S. MAIL & E-MAIL
Mr. W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Mooresville, NC 28115
LAWYERS
May 17, 2022
MAILING ADDRESS
P.O. Box 2611
Raleigh, North Carolina
27602-2611
TELEPHONE: [phone]
FACSIMILE: [phone]
Re: Notice dated April 29, 2022 (Tracking No. NOV-2022-DV-0117)
Dear Mr. Basinger:
Please accept this letter as the response required in the above -referenced Notice of
Violation/Notice of Recommendation for Enforcement. We apologize for our delay in responding to
the earlier Notice dated March 30, 2022. We were in the process of retaining environmental
engineering assistance and we wanted to provide a more fulsome response.
Majestic Marble takes its regulatory compliance seriously, and we apologize for the apparent
confusion over how to properly connect into the local sanitary sewer system. As with many other
businesses, the Covid pandemic has caused some repeated disruptions to our business operations, as
well as certain changes in our personnel. It was our understanding that we had connected properly
into the Cabarrus County sewer system in accordance with the 2020 approval received from the Water
and Sewer Authority of Cabarrus County (WSACC), and that wastewater was being discharged
properly into the WSACC system. At the time of DEQ's inspection this past March, we were unaware
of the fact that our connection into the sewer system had been disrupted, and we believed our
pretreated wastewater was being routed to a proper WSACC intake point.
In accordance with your request in the Notice, we confirm that all unpermitted discharges
have ceased at our Midland facility. Within 48 hours of DEQ's last visit to our facility, we began
shipping wastewater off -site. Please see the attached disposal record as proof of off -site
transport. Furthermore, right after we became aware of the disruption to our sewer connection, we
engaged an experienced, well -recognized environmental engineering firm, Hart and Hickman, to
conduct an assessment of previously discharged sediments, to formulate a remedial plan, and to assist
us with the installation of an upgraded pretreatment system. We are in the process of finalizing the

SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL, & JERNIGAN, L.L.P.
Mr. W. Corey Bassinger
May 17, 2022
Page 2
new pretreatment system, and we will be discussing this shortly with WSACC staff. Until such time
as we receive WSACC approval to resume discharges into the sewer system, we will continue with
off -site disposal.
Hart and Hickman has conducted a visual delineation of sediment deposition. We understand
from Mr. Bell that your program would prefer that any sediments presently located in the unnamed
tributary to Muddy Creek remain undisturbed, and that only sediments presently located "upstream"
(i.e., outside the creek) should be removed. Accordingly, Hart and Hickman will oversee removal of
the accumulated sediments that pose the highest potential degree of impact to the unnamed tributary
to Muddy Creek. The sediments will be removed using a frontend loader or other appropriately -sized
equipment. The sediments will be transported to and disposed of in a construction and demolition
debris landfill or other appropriate facility. The disturbed areas where sediment is removed will be
stabilized with topsoil, grass seed and straw mulch. All removal activities will be documented by
Hart and Hickman and a report with a photographic log will be prepared and submitted to your office.
We again apologize for our oversight in not connecting properly to the sewer system
sooner. There was never any intent on our part to willfully discharge without a permit, as is evidenced
by our original 2020 request to the WSACC to discharge into the sewer system. We were in frequent
contact with DEQ staff throughout 2021 regarding wastewater disposal issues, and we believed in
good faith that we had addressed prior agency concerns. There has been no economic benefit to our
failure to connect into the sewer system earlier, and no such benefit was ever contemplated or sought
by us. We are confident that this will not occur again in the future.
We trust that the above is a satisfactory response to the Notice, and we will be happy to provide
any additional information (or answer any additional questions) at your request.
Thank you,
SMITH, ANDERSON, BLOUNT, DORSETT,
MITCHELL & JERNIGAN, LLP
By:
STP• jmm
Attachment
cc: Wes Bell
Scott Byers
Stephen T. Parascandola