WT002690_Smokey Mountain Pallet_20190424

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
April 24, 2019
CERTIFIED MAIL: 7017 2620 0000 9759 0737
Smokey Mountain Pallet, Inc.
Attention: Robert A. Reese
726 Aiken Road
Asheville, North Carolina 28804
Subject: NOTICE OF VIOLATION (NOV-2019-PC-0266)
Site Number: WT002690
Smokey Mountain Pallet, Inc.
Buncombe County, North Carolina
Dear Mr. Reese:
On April 9, 2019, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR), visited the subject site located at 99 Old Patton Cove Road in Swannanoa,
Buncombe County, North Carolina. The site visit and file review revealed that Smokey Mountain Pallet,
Inc. has neither applied for, nor obtained coverage under, an NPDES General Permit No. NCG210000
(Lumber and Wood Products) for stormwater discharges from the site. The site currently discharges
stormwater affected by processes on site to receiving waters designated as an unnamed tributary of the
Swannanoa River, a Class C waterbody in the French Broad River Basin. The site also discharges
stormwater affected by processes on site to Patton Cove Creek, a Class C waterbody in the French Broad
River Basin.
An NPDES permit is required to discharge stormwater to waters of the state in accordance with G.S. 143-
215.1(a) and Title 15A North Carolina Administrative Code (hereby known as NCAC) 2H .0126.
Enclosed with the inspection report is a copy of Notice of Intent (NOI) that shall be filled out and
submitted to the Department of Environmental Quality within 30 calendar days of receipt of this Notice.
Submission information can be found in the NOI.
Thank you for your attention to this matter. This office requires that the violations, as detailed above,
be properly resolved. These violations and any future violations are subject to a civil penalty
assessment of up to $25,000 per day for each violation. Your efforts to undertake activities to bring the
subject site into compliance are not an admission, rather they are actions that must be taken in order to
begin to resolve ongoing environmental issues. The timeliness with which you submit an NOI, the degree
and extent of harm to the environment, and the duration and gravity of the violation(s) will be considered
in any civil penalty assessment process that may occur. Should you have any questions regarding these
matters, please contact Isaiah Reed or myself at [phone].
D E Q North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
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Notice of Violations
Smokey Mountain Pallet, Inc.
Page 2 of 2
Sincerely,
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Regional Engineer
Land Quality Section
Enclosure: Notice of Intent
ec: Alain Morman, Environmental Specialist Alaina.mormankncdenr.eov
Stanley E. Aiken- Regional Engineer stan.aiken cniencdenr.gov
Suzanne McCoy- Administrative Specialist [e-mail]