NCG070225_DV-2022-0065 CPA_20220719

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7018 3090 0001 2322 5290
Return Receipt Requested
Scott A. Byers, CEO & President
Majestic Marble and Glass Company
106 Jeffery Way
Youngsville, NC 27596
Dear Mr. Byers:
NORTH CAROLINA
Environmental Quality
July 19, 2022
SUBJECT:Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
Majestic Marble and Glass Company
d/b/a Majestic Kitchen and Bath
Case No. DV-2022-0065
Cabarrus County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $10,964.84 ($10,000.00 civil
penalty + $964.84 enforcement costs) against Majestic Marble and Glass Company.
This assessment is based upon the following facts: the wastewater from the cutting of marble, stone, etc. was discharged into an
unnamed tributary to Muddy Creek on March 15, 2022 and April 21, 2022 from the Majestic Marble and Glass Co. d/b/a Majestic
Kitchen and Bath facility located at 13570 Broadway Avenue, Midland, NC. Sediment accumulations (cuttings of marble, stone,
etc.) was observed in the unnamed tributary to Muddy Creek for over 500 ft. downstream of the confluence with the wastewater
discharge on March 15, 2022. The Division has no record of Majestic Marble and Glass Company having applied for or securing
a permit to discharge the wastewater into the unnamed tributary to Muddy Creek, Class C waters of the State.
Based upon the above facts, I, Andrew H. Pitner, conclude as a matter of law the following:
Majestic Marble and Glass Company violated G.S. 143-215.1(a)(1) which states: "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 that permit.
(1) Make any outlet into the waters of the State".
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115
704.663.1699

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Andrew H. Pitner,
Assistant Regional Supervisor, Water Quality Regional Operations Section, Mooresville Regional Office, hereby make the
following civil penalty assessment against Majestic Marble and Glass Company:
$10,000.00 2 of 2 violations of G.S. 143-215.1(a)(1), for making an outlet and discharging wastewater into the waters
of the State without a permit.
$10,000.00 TOTAL CIVIL PENALTY
$964.84 Enforcement Costs
$10,964.84 TOTAL AMOUNT DUE
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;
(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.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. 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 and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
WQ Permitting Section - NPDES
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.

The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
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 (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
A4444wHP►
F161 FB69A2D84A3...
Andrew H. Pitner, Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQROS Mooresville Regional Office - Enforcement File (Laserfiche)
DWR Laserfiche

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IN THE MATTER OF
MAJESTIC MARBLE AND GLASS CO.
d/b/a MAJESTIC KITCHEN AND BATH
FOR VIOLATIONS OF:
)
)
)
(NCGS) 143-215.1 (a)(1) )
)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
CASE NO. DV-2022-0065
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Andrew H. Pitner, of
the Division of Water Resources (hereby known as DWR), make the following:
I. FINDING OF FACT
A. Majestic Marble and Glass Company d/b/a Majestic Kitchen and Bath (hereafter
named MKB) is a person organized and existing under the laws of the State of
North Carolina.
B. The MKB facility is located at 13570 Broadway Avenue, Midland in Cabarrus
County.
C. The MKB facility illegally discharged to an unnamed tributary to Muddy Creek,
Stream Index No. 13-17-16, currently classified as Class C waters, in the Yadkin -
Pee Dee River Basin, and is thus governed under North Carolina General Statute
(NCGS) 143-215.1(a).
D. On March 15, 2022, the Water and Sewer Authority of Cabarrus County
(WSACC) contacted MRO/DWR staff of wastewater being discharged on the
ground and surrounding areas at the MKB facility. MRO/DWR and WSACC staff
met at the MKB facility the same day. A PVC sewer pipe was observed separated
at a joint and discharging wastewater into a wooded area and into an unnamed
tributary to Muddy Creek. Significant accumulations of sediment (cuttings of
marble, stone, etc.) was observed in the wooded area and the unnamed tributary to
Muddy Creek was turbid for over 500 ft. downstream of the confluence with the
wastewater discharge. MKB staff were instructed by MRO/DWR staff to
immediately cease the discharge and initiate cleanup activities on the same day.
A Notice of Violation and Notice of Recommendation to Enforce, NOV-2022-
DV-0089, was issued to MKB on March 30, 2022, for violations of NCGS 143-
215.1 (a) and 15A NCAC .02B .0211(8). MKB did not provide a response.

E. On April 21, 2022, MRO/DWR staff performed a follow-up inspection at the
MKB facility. Wastewater (from the cutting of marble, stone, etc.) was observed
being discharged into the wooded area and into the unnamed tributary to Muddy
Creek. The wastewater was significantly more clear than previous observations
and no accumulation of the sediment were observed in the wooded area or
unnamed tributary to Muddy Creek. MKB staff were again instructed by
MRO/DWR staff to immediately cease the discharge during this on -site
inspection.
A Notice of Violation and Notice of Recommendation to Enforce, NOV-2022-
DV-0117, was issued to MKB on April 29, 2022, for violation of NCGS 143-
215.1 (a). Note: The origin Notice of Violation and Notice of Recommendation
to Enforce was issued on April 25, 2022; however, a date and tracking number
were inadvertently reported and were corrected in the reissued April 29, 2022
letter. MKB's response dated May 16, 2022 indicated that all unpermitted
wastewater discharges were ceased and wastewater was being shipped off -site
within forty-eight (48) hours of the site inspection performed by MRO/DWR
staff. MKB's response also dictated that an environmental engineering firm had
been contracted to assess and formulate a remedial plan for the discharged
sediments and assist in the installation of an upgraded pretreatment system to
discharge into the sanitary sewer system.
F. North Carolina General Statutes 143-215.1. (a)(1) states:
Activities for Which Permits Required. — Except as provided in subsection
(a6) of this section, 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.
G. The cost to the State of the enforcement procedures in this matter totaled
$ 964.84
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Majestic Marble and Glass Company is a `person' within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212 (4).
B. Unnamed tributary to Muddy Creek, currently classified C waters within the Yadkin -
Pee Dee River Basin, constitutes waters of the State within the meaning of G.S.
143-215.1 pursuant to G.S. 143-212 (6).
Page 2 of 4

C. On March 15, 2022 and April 21, 2022, Majestic Marble and Glass Company
violated North Carolina General Statute (NCGS) 143-215.1 (a)(1) by making an
outlet into waters of the State without receiving a permit to discharge wastewater.
D. Majestic Marble and Glass Company 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 per day may
be assessed against any 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 cost in this matter may be assessed against Majestic
Marble and Glass Company pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-
282.1(b)(8).
F. Andrew H. Pitner of the Division of Water Resources, pursuant to delegation
provided by the Secretary of the Department of Environmental Quality and the
Director of the Division of Water 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, Majestic Marble and Glass Company is hereby assessed a civil penalty of:
$10,000.00
$10,000.00
$964.84
$10,964.84
for 2 of 2 violations of NCGS 143-215.1 (a)(1) for making an
outlet and discharging wastewater into waters of the State without
a permit.
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
Enforcement Cost
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out 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 violations;
(2) The duration and gravity of the violations;
(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 violations were committed willfully or intentionally;
Page 3 of 4

(7)
(8)
The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures
7/19/2022
Date
FDocuSigned by:
4.14cw H Patie4
F161FB69A2D84A3..
Andrew H. Pitner, Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Page 4 of 4

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: DV-2022-0065 County: Cabarrus
Assessed Entity: Majestic Marble and Glass Company
Amount Assessed: $10,964.84
Please use this form when requesting remission of this civil penalty. You must also complete the "Request
For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request
remission of this civil penalty. You should attach any documents that you believe support your request and
are necessary for the Director to consider in evaluating your request for remission. Please be aware that a
request for remission is limited to consideration of the five factors listed below as they may relate to the
reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a
civil penalty may be granted only when one or more of the following five factors apply. Please check each
factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents, as to why the factor applies (attach additional pages as needed).
❑ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
n (b) the violator promptly abated continuing environmental damage resulting from the violation
(i.e., explain the steps that you took to correct the violation and prevent future occurrences);
n (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
n (d) the violator had not been assessed civil penalties for any previous violations;
n (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MAJESTIC MARBLE AND GLASS COMPANY
d/b/a MAJESTIC KITCHEN AND BATH
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0065
Having been assessed civil penalties totaling $10,964.84 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated July 19, 2022, the undersigned, desiring
to seek remission of the civil penalty, 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 Resources within thirty (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 , 2022.
SIGNATURE
ADDRESS
TELEPHONE

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Majestic Marble and Glass Company d/b/a Majestic Kitchen and Bath
Facility Name: Majestic Kitchen and Bath
County: Cabarrus
Case Number: DV-2022-0065
ASSESSMENT FACTORS
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; Majestic Marble and Glass Company d/b/a Majestic Kitchen and Batch
(hereinafter called MKB) discharged the wastewater from the cutting of marble, stone, etc. into an unnamed tributary to
Muddy Creek, a Class C surface water, in the Yadkin -Pee Dee River Basin. MRO/DWR observed the discharge into the
unnamed tributary to Muddy Creek on May 5, 2021, March 15, 2022, and April 21, 2022.
2) The duration and gravity of the violation;
The wastewater from the cutting of marble, stone, etc. was observed being discharged onto the ground and flowing through
a wooded area prior to entering an unnamed tributary to Muddy Creek on three separate site visits (by MRO/DWR staff).
Significant accumulations of the fine cuttings of marble, stone, etc. (hereinafter called sediment) was observed throughout
the wooded areas during the first two site visits (May 5, 2021, and March 15, 2022). The unnamed tributary to Muddy
Creek (downstream of the wastewater discharge confluence) contained approximately one to two inches of sediment during
the May 5, 2021, site visit and was significantly turbid during the March 15, 2022, site visit. The sedimentation and
significant turbidity levels were also observed in the unnamed tributary to Muddy Creek for over 500 ft. downstream of the
wastewater confluence. It is unknown how long MKB discharged prior to the initial site visit and throughout all three site
visits; however, evidence suggests that the discharges occurred over an extended period of time.
3) The effect on ground or surface water quantity or quality or on air quality;
None documented; however, approximately one to two inches of sediment from MKB's unpermitted wastewater discharge
was observed in the unnamed tributary to Muddy Creek for approximately 500 ft. downstream of the discharge confluence
on May 5, 2021. The unnamed tributary to Muddy Creek was also significantly turbid for approximately 500ft.
downstream of the wastewater discharge confluence on March 15, 2022.
4) The cost of rectifying the damage;
None documented.
5) The amount of money saved by noncompliance; None documented; however, MKB likely saved money by not
providing either adequate storage or hauling off the excess wastewater (by a contracted company) for disposal.
6) Whether the violation was committed willfully or intentionally;
There is no evidence to suggest that the violation was willful or intentional. However, on April 21, 2022, MRO/DWR
staff observed the wastewater being discharged out of the main building/forklift entrance and onto the driveway (in plain
sight) prior to entering the wooded area and unnamed tributary to Muddy Creek. Although no correspondence was issued,
MRO/DWR staff performed a fourth site visit on May 12, 2022 and observed wastewater being discharged out of the
building's door entrance with the wastewater ponding on the ground approximately twenty to thirty feet from the building
structure. No surface waters were affected. MRO/DWR staff did notify the MKB's Area Manager of the observations
and to immediately cease the wastewater discharge.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
NOV-2021-DV-0247 —Unpermitted discharge of wastewater and violation of fresh surface water standard (Class C
Waters) for floating solids, settleable solids or sludge deposits — May 2021.

8) The cost to the State of the
Enforcement Cost:
20 hrs. staff time
2 hrs. supervisor time
Administrative Cost
Total Enforcement Cost
7/19/2022
Date
enforcement procedures.
$826.40
$123.44
$ 15.00
$964.84
DocuSigned by:
A44110 H P4
F161 FB69A2D84A3...
Andrew H. Pitner, Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ