NCG100196_COMPLETE FILE - HISTORICAL_20080326

STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/V Cc, 100
DOC TYPE
HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ C9 00 � L)
YYYYMMDD

O�0F W ATFjQQG
Michael F. Easley, Governor
co r
Witham G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
March 26, 2008
RECEIVED
Mr. Kearney Harper
Harper Auto Crushers, Inc.
MAR, 31 Z008
2921 Hwy 55 West
Kinston, NC 28504
DWfy-W R0
SUBJECT: Acknowledgment of Receipt of Payment
Case No. OP-2008-0001
Permit No. NCG100000
Harper Auto Crushers, Inc.
Lenoir County
Dear Mr. Harper,
This letter is to acknowledge receipt of check # 10716 dated February 26, 2008 from Harper Auto
Crushers, Inc. in the amount of $568.40 received on February 28, 2008. The balance of the penalty is
0.00.
This payment satisfies in full the civil penalty assessment for case number OP-2008-0001 and upon check
clearance, this enforcement case will be closed.
Payment of this penalty in no way precludes further action by this Division for continuing or
future violations. You are encouraged to contact Al Hodge or Kristin Jarman with the DWQ
Washington Regional Office at [phone] if you need assistance in achieving compliance at
the site.
If you have any questions please call Shelton Sullivan at [phone] ext. 544,
Sincerely,
Shelton Sullivan
NPS Assistance & Compliance Oversight Unit
cc: Al Hodge— DWQ Washington Regional Office Supervisor
Kristin Jarman — DWQ Washington Regional Office Staff
NPS Assistance & Compliance Oversight Unit — File Copy One NCarolina
DWQ Central Files )Vaturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www,ncwa(cWualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equa! Opporlunily/Aflirmallve Action Employer — 50% Recycled110% Post Consumer Paper

Mr. K.W. Harper, Jr.
Harper Auto Crushers, Inc.
2921 Highway 55W
Kinston, NC 28504
Dear Mr. Harper:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 19, 2008 R.
FEB 2 ,q 2008
DWOlARWA
Subject: �Gengral_Pgrrpit No ;NCG1i00000
Harper Auto Crushers, Inc.
COC NCG106196r ,'
"Unoir County
In accordance with your application for a discharge permit received on December 27h, 2007, we
are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES
general permit. This permit is issued pursuant to the requirements of North Carolina General Statute
143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental
Protection Agency dated May 9, 1994 (or as subsequently amended).
Please take notice that this certificate of coverage is not transferable except after notice to the
Division of Water Quality. The Division of Water Quality may require modification or revocation and
reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other federal or local governmental permit that may be required.
If you have any questions concerning this permit, please contact Jennifer Jones at telephone
number [phone] ext. 591.
Sincerely,
ORIGINAL SIGNED BY
BRADLEY SENNETT
for Coleen H. Sullins
cc: Washington Regional Office, Kristin Jarman
Central Files
Stormwater Permitting Unit Files

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG100000
CERTIFICATE OF COVERAGE No. NCG100196
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
K.W. Harper Jr.
is hereby authorized to discharge stormwater from a facility located at:
Harper Auto Crushers, Inc.
2921 Highway 55W
Kinston
Lenoir County
to receiving waters designated as Neuse River, a class C, NSW water in the Neuse River Basin,
in accordance with the effluent limitations, monitoring requirements, and other conditions set
forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG10000 as attached.
This certificate of coverage shall become effective March 1, 2008.
This Certificate of Coverage shall remain in effect fbr the duration of the General Permit.
Signed this day February 22, 2008.
ORIGINAL .g;GNED BY
BRADLE� 8ENNET'1`
for Coleen H. Sullins., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

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Harper Auto Crushers, Inc.
2921 HWY SSW
Latitude: 350 13' 17.61" N
Longitude: 77° 39' 03.00" W
Receiving Stream: Neuse River
Stream Class: C, NSW
Sub -basin: 03-04-05 (Neuse River Basin)
Facility location

Name of Project: —Harper Auto Crushers, Inc.
Revision Date:.january 17, 2008
Application review
a) The permit application has been signed and sufficiently completed. Yes
b) The SIC code accurately describes this facility's activities and is covered by this general permit.
Notes: Yes. 5093. Establishments primarily engaged In assembling, breaking up, sorting, and wholesale
distribution of scrap and waste materials. This Industry includes auto wreckers engaged in dismantling
automobiles for scrap
c) Does the facility propose a new or expanding wastewater discharge to ORW waters (not allowed), or
waters upstream of ORW (special limits m2y Apply)? No
d) Does this facility have other permits? No
e) Hazardous Waste Activities? No — they are not as they say they are recycling the oil. However owner
sounded a bit unsure as to if they were recycling it or just disposing of it.
f) DLR Mining Permit status requested: No
g) Regional Office input requested (RO Approval received: No objection received within 30 days,
a. Date request: _January 22, 2008
b. Date received:
c. Contact Name:
h) Is an ATC Required? No
i) DEH Approval Required (WS Water)? NO
j) Erosion/Sedimentation Plan Approval for NCG14 or NCG02 ATC? NA
k) Application approved? Yes/No
1) Mecklenburg or Wake County? (If so, cc: final to county contact) No
m) Special Notes:
a. Needs SP3 on site. Can use our form from our website or can create own.
b. Do they have hazardous waster? Does an auto salvager count as hazardous waste — need to
ask industrial extension expert @ NCSU.
c. Emailed Charlie Parish — RE Haz Waste? Oil?
Phone/email logs
C-1

To Charlie Parish,1/17/08 & 1/18/08:
From: Jennifer Jones [maiIto: Jennifer.Jones u ncinail.net]
Sent: Thu 1/17/2008 1:41 PM
To: Parrish, Charles(Charlie)
Subject: Auto Salvage Yards
Hi Charlie,
1 am a new environmental engineer here in the stormwater permitting unit
at DWQ. Bethany Georgeoulias suggested I contact you. I had a question
about auto scrap and salvage yards. Are they considered to be producers
of hazardous waste? I have a permit here that states they are not but I
would have thought they would be because they would have to dispose of
engine oil, coolants, and maybe other oils/fluids?
If you have any information on this I would really appreciate it.
Thank you!
Jennifer Jones
Parrish, Charles(Charlie) wrote:
They are generators of Haz waste - if they don't recycle their used oil (used oil is not hazardous if its recycled as
a used oil)
Other fluids may not be given this exemption so they may be generators of haz waste.
I don't understand how a permit (from DWQ) states anything about haz Waste (which is reglated by DWM)
Charlie
Hi Charlie,
Thank you for this info. 1 was asking because 1 am new (and didn't know) and because in the SPPP we ask for
secondary containment of haz wastes and for indentification for BMI's and the Spill Prevention and Response
Plan. We'd like a spill response plan for leaks (spill potential with map), loading and unloading areas, storage
areas, plans for inside if connected to stormwater drains by door drains, and good house keeping measures.
Thanks again - 1 will ask what they do with their oil and fluids.
Jen Jones
Questions for K.W. Harper:
Called January 18, 2008, 12:55 pm, left message.
Spoke with him January 18, 2008, 2 pm.
1. What is the primary activity - scrap yard? Or automotive resale?
a. Just scrap metal.
b. White goods and cars.

2. Hazardous waste:
(i) Ask Applicant:
(1) What is it, and how is it stored?
(2) Have there been any spills or releases?
(3), Notices of Violations?
(a) no
(4) Physical details; how large is the area/building -or- is it a covered area/warehouse or exposed
to rain?
(a) No - the oil is not under cover. It is on the dirt in the yard.
(ii) if concerned (if it isn't enclosed etc),
(1) Might ask applicant to submit their SPPP, and/or
(2) Mention it in the email to the Regional contact.
(3) Do you have any of these on site and how do You dispose and store these materials?
Engine oil
Antifreeze
Brake fluid/hydraulic liquid (do you have construction equipment?)
• Power -steering fluid
• Transmission fluid
• Gasoline
• Washer fluid
Is it recycled?
Do you have secondary containment for any of these,
storage areas?
is it locked and do you have roofs over any of these
No secondary containment for 1 55 gal drum of oil. This is currently on ground and outside. Gets
pumped out regularly by Noble Oil.
(i) One drum with motor oil and Noble Oil and some people out of Wilmington to recycle oil.
Also include brake fluid, power -steering and transmission fluid,
(1) Outside. Cap on it. Currently on the ground — have a concrete pad could put on.
(ii) These cars have been flooded in Floyd and have been submerged for 3 weeks so most of the
fluids have been forced out of them.
(1) Not much oil on premises, as cars have been flooded.
(iii) Refrigerators —
(1) What they have checked so far do not have much in them. They have also been recovered
from the flood.
(iv) Not currently receiving any new cars, they are only trying to get rid of the inventory that
they have.
(v) Old permit under Harper Auto Salvage —
(1) Harper Auto salvage was also one employee- same Mr. Harper.
(2) Had violation for not performing any analytical or qualitative monitoring.
(3) May want to check to see if this is also the case with Harper Auto Crushers, Inc.
2. Do you do any vehicle or equipment maintenance? No.
3. Do you do any vehicle or equipment washing? No.
4. Do you have any loading and/or unloading areas? On rock.
5. Do you have any above -ground liquid storage tanks? Are any of these outside? 1 55 gal. Drum.

Hi j cff,
We've received an NOI from Harper Auto Crushers, Inc. for their tiiirre in Kinston (Lenoir County) for coverage of
their ae under NCG10 (Auto Scrap and Salvage). The site the Neuse River (C, NSW . The NOI is
attached.
Have you been to this site and if so you have any concerns? I contacted them and asked them about their
hazardous waste storage and disposal.
I asked them what is their primary activity — he said they have just scrap meral.: white goods and cars. He said
these cars have been flooded in Floyd and have been submerged for 3 weeks so most of the fluids have been
forced out of them. They do not have much oil on premises, as cars have been flooded. They only have One
55 gal drum onsite with motor oil and Noble Oil and some people out of Wilmington to recycle oil. Also
include brake fluid, power -steering and transmission fluid. Currently it is on the ground. The Refrigerators
they have do not have much coolant in them. They have also been recovered from the flood. I-1e said they are
not currently receiving any new cars.
Harper Auto Salvage was also owned by Mr. Harper — however it has a violation for not performing any
analytical or qualitative monitoring. If you have time I would recommend a site visit as lie already has had an
N.O.V. for failing to monitor another one of his sites.
If you could let me know if the Washington Regional Office has any concerns about issuing this facility a COC for
this general permit, and axe there any potential impacts to wetlands?
If we don't receive any objections, we'll. issue the COC in 30 dat,s, pending DEF-1 approval.
Thank you,
jen Jones
Notes about email. Jeff Manning sent to Kristen Jarman — she has been to both old and new site.
Spoke to her February 19, 2008, She said:
1. The old permit needs to be rescinded — NCG 100117, Harper Auto Salvage at 1313 Highway 11155.
This site no longer exists.
2. The new site is this current permit NCG 100196 Harper Auto Crushers, a 2921 Highway 55.
a. This site did not have a current permit
b. Kristen issued and NOV — he did not respond, then issued an NOI, then issued a fine.
c. He has not monitored but they could not issue a line for that as lie did not have a permit for this
site (only old site).

Michael F. Easley, Governor
William U. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 19, 2008
Mr. K.W. Harper, Jr.
Harper Auto Crushers, Inc.
2921 Highway 55W
Kinston, NC 28504
Subject: General Permit No. NCG 100000
Harper Auto Crushers, Inc.
COC NCG100196
Lenoir County
Dear Mr. Harper:
Coleen 11. Sullins, Director
Division of Water Quality
In accordance with your application for a discharge permit received on December 27"', 2007, we
are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES
general permit. This permit is issued pursuant to the requirements of North Carolina General Statute
143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental
Protection Agency dated May 9, 1994 (or as subsequently amended).
Please take notice that this certificate of coverage is not transferable except after notice to the
Division of Water Quality. The Division of Water Quality may require modification or revocation and
reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other federal or local goverlunental permit that may be required.
If you have any questions concerning this permit, please contact Jennifer Jones at telephone
number [phone] ext. 591.
Sincerely,
for Coleen H. Sullins
cc: Washington Regional Office, Kristin Jarman
Central Files
Stormwater Permitting Unit Files

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG100000
CERTIFICATE OF COVERAGE No. NCGIO0196
301161 mJat"t oIWeI,rm-1 i
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215,1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
K.W. Harper Jr.
is hereby authorized to discharge stormwater from a facility located at:
Harper Auto Crushers, Inc.
2921 Highway SSW
Kinston
Lenoir County
to receiving waters designated as Neuse River, a class C, NSW water in the Neuse River Basin,
in accordance with the effluent limitations, monitoring requirements, and other conditions set
forth in Parts 1, II, III, IV, V, and VI of General Permit No. NCG 10000 as attached.
This certificate of coverage shall become effective February 22, 2008.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day February 22, 2008.
,for Coleen H. Sullins., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

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Harper Auto Crushers, Inc.
2921 HWY SSW
Latitude: 351 13' 17,61" N
Longitude: 770 39' 03.00" W
Receiving Stream: Neuse River
Stream Class: C, NSW
Sub -basin: 03-04-05 (Neuse River Basin)
Facility Location

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01iO4/08 FRI 14:02 FAX [phone] Harper Auto Crushers
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HARPER AUTO CRUSHERS, INC.
2921 Hwy. 55 West
Kinston, NC 28504
(252) 523-1 Q39
January 3, 2008
Dear Mr. Hodge,
This letter is in response to the correspondence I received from your office on December
26, 2007 in reference to the storm water permit_ After receiving the Ietter dated October
17, 2007 along with the [notice of Intent, I had scvcral questions regarding my responses
to some of the items within the document_ Therefore, I contacted Kristin Jarman in your
office_ I spoke with herby phone. At that time, she instructed me to not fill out the
document_ She said your office was sending out another letter.
I received another Notice of Intent around December 1:2, 2007. I contacted Ms. Jarman
on December 14ei by phone. During that phone conversation, she assisted me in
completing the Notice of intent. The package, along with a check for $100 was then
mailed to the Stone Water and General Permit Unit in Raleigh.
Please know that it was not my intention to be in violation. I was unsure of my -
understanding of parts of the Notice of Intent and deferred to Ms. Jarman for assistance.
In doing so, I thought I was doing what your office required- If that was not the case, I do
apologize.
'Thank you for your consideration in this matter.
Sincerely,
K. W. Harper

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0� 1N A jF� v Michael F. Easley, Governor
,• ~ +,4 Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
f Sullins, Director
Division of Water Quality
January 31, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0220 0003 1484 8033
Mr. Kearney Harper
Harper Auto Crushers, Inc.
2921 Hwy 55 West
Kinston NC 28504
'_4�C7 /GO t 5�
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)
and NCGS 143-214.7
Harper Auto Crushers, Inc.
Lenoir County
Case No. OP-2008-0001
Dear Mr. Harper:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $568.40
($500.00 civil penalty + $68.40 enforcement costs) against you as the owner of Harper Auto
Crushers, Inc.
This assessment is based upon the following facts: Kearney Harper is the owner of Harper Auto
Crushers, Inc. located at 2921 Hwy 55 West, Kinston, NC in Lenoir County. A permit is required
to discharge stormwater from auto salvage yards to waters of the state pursuant to NCGS 143-
215.1 (a) and NCGS 143-214.7. A letter dated October 17, 2007 was sent to you concerning the
unpermitted discharge from your salvage yard. A Notice of Intent (NOI) was attached to the letter
and you were required to complete and mail the NOl within 15 days of receipt of the letter. As of
December 14, 2007 the Stormwater Permitting Unit in Raleigh has not received this form.
Consequently, a Notice of Recommendation of Enforcement was sent to you on December 19,
2007. The violation is summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Kearney Harper failed to secure a
NPDES General Permit No. NCG100000 for stormwater discharges at Harper Auto Crushers, Inc.
in accordance with G.S. 143-215.1(a) and G.S. 143-214.7. Kearney Harper may be assessed civil
penalties in this matter pursuant to G.S. 143-216A(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 a
person who is required but fails to apply for or to secure a permit required by GS. 143-215.1, or
who violates or fails to act in accordance with the terms, conditions, or requirements of such
permit or gUX other permit or certi&dtion issued pursuant to authority conferred by this Part.
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, 1, Al Hodge, Regional Supervisor of Surface Water
Protection for the Washington Region, hereby make the following civil penalty assessment against
Kearney Harper:
500.00 1 of the 1 violations of G.S. 143-215. ] (a) and G.S. 143-214.7 by
failure to secure a NCG 100000 stormwater discharge permit.
500.00 TOTAL CIVIL PENALTY
68.40 Enforcement Costs
568.40 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143 B-
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 days of receipt of this notice, you must do one of the following:
1) Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Shelton Sullivan
NC DENR-DWQ-Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Shelton Sullivan
NC DENR-DWQ-Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the

document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
And to:
Shelton Sullivan
NC DENR-DWQ-Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 Kristin Jarman of the Washington Regional Office at
252-948-3918.
S' cerel
i �-
Al o)gal, Kegional Supervisor
Surface Water Protection
Washington Regional Office
ATTACHMENTS
cc: WaRO Enforcement File w/ attachments
Shelton Sullivan - NPS Assistance & Compliance Oversight Unit
Central Files wl attachments

ATTACHMENT A
Kearney Harper
CASE NUMBER: OP-2008-0001
Permit: NA Facility: Harpers Auto Crushers, Inc. County: Lenoir Region: Washington
Operating without a Permit Violation
Penalt Location Violation Date Violation Type
$500 Harpers Auto Crushers 10/16/07 Failure to obtain NCG100000
Permit

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: OP-2008-0001
County: Lenoir
Assessed Party: Kearney Harper
Permit No. (if applicable): NA Amount Assessed: $568.40
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 applies. 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. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(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);
(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);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (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
COUNTY OF Lenoir
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Kearney Harper
PERMIT NO. NA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO: OP-2008-0001
Having been assessed civil penalties totaling $568.40 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 31, 2008, 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 Quality 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 920
SIGNATURE
ADDRESS
TELEPHONE

I•
c UNITED STATES POSTAL SERVICE First-Clags Mail
Postage & Fees Paid
LISPS
Permit No. G-,:
• Sender: Please print your name, address, and ZIP+4 in this box •
N. C. Department of Environment
& Natural Resources
Washington Regional Office
DWQISurface Water Protection
943 Washington Square Mall
Washington North Carolina 27889
tclol 11dIII kIkIII IIII, EIEIIIIEEElIIEIEIEE3IIndEIEIIIII IIIkIII I

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Kearnev Harper
County: Lenoir
Case Number: OP-2008-0001
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;
Unknown. No documented fish kills or health risks.
2) The duration and gravity of the violation;
The facility moved to the 2921 Hwy 55 West location in 2004.
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown.
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
The cost of a obtaining a NCG100000 permit which is $100, the cost of sampling and obtaining a
Stormwater Pollution Prevention Plan.
6) Whether the violation was committed willfully or intentionally;
The owner thought his old permit from a previous site covered the facility. When
notified that it did not, he was issued an NOV and failed to meet the deadline for
submitting the Notice of Intent.
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
None noted
8) The cost to the State of the enforcement procedures.
$68.40
Q"1 �n S
Date
t.. J-
AI Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office

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MR KEARNEY HARPER, 3R
o
v; HARPER AUTO CRUSHERS, INC
----------
o
2921 HWY 55 WEST
KINSTON NC 28504
UNITED STATES POSTAL SERVICE as
• Sender: Please print your name, address, and ZIP*4 in this box •
N. C. Department of Environment
& Natural Resources
Washington Regional Office
DWQISurface Water Protection
943 Washington Square Mall
Washington North Carolina 27889
fI

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o�0F W A rFgQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
Uar North Carolina Department of Environment and Natural Resources
Q _1C Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
. aJ io-a y o7 Division of Water Quality
October 17, 2007
CERTIFIED MAIIL
_RETURN RECEIPT REQUESTED
7007 0220 00031483 2728
Mr. Kearney Harper, Jr.
Harper Auto Crushers, Inc.
2921 Hwy 55 West
Kinston NC 28504
Subject: Notice of Violation
NOV-2007- OP-0029
Harper Auto Crushers, Inc.
Lenoir County
Dear Mr. Harper:
North Carolina General Statute (NCGS or G.S.) 143-215.1 requires, among other things, that you apply
for and receive a permit before you "Make any outlets into the waters of the State". The Stormwater
runoff from the subject facility without first obtaining a permit constitutes a violation of this Statute.
You are advised that NCGS 143-215.6A (a) provides that "a civil penalty of not more than twenty-five
thousand dollars ($25,000) may be assessed by the Secretary against any person who is required but fails
to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in
accordance with the terms, conditions, or requirements of such permit". NCGS 143-215.6A (b) further
provides that "if any action or failure to act for which a penalty may be assessed under this section is
continuous, the Secretary may assess a penalty not to exceed twenty-five thousand dollars ($25,000) per
day for so long as the violation continues".
Within 15 days of receiving this letter fill out the attached Notice of Intent for your current location and
mail it and a check for $100.00 to the Raleigh address found on the form. Failure to do so within the 15
days will result in a Notice of Intention to Enforce. Within 60 days of receiving your permit you must
North Carolina Division of Water Quality Internet: tieww,ncwa1ergtL4h(y .orb One
943 Washington Square Mall Phone [phone] N149fthCuolina
Washington, NC 27889 Fax [phone] )Vatu roll
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1
have a Stormwater Pollution Prevention Plan for the site. if you have any questions pertaining to this
letter, please contact Kristin Jarman at [phone].
'ncerely
Al Hodge, Supervisor
Surface Water Protection Section
Attachment
c. R. Van Braxton
Danny Smith - — NPS-ACO unit
Central Files
,VaRO Files

041
F T WA Division of Water Quality I Water Quality Section
NCDENR National Pollutant Discharge Elimination System
NOWM CAMUNAVffCW
mrmoNmutft Phaounam NCGi0000O
NOTICE OF INTENT
National Pollutant Discharge Elimination System application for coverage under General Permit
NCGIQOOOO:
STORMWATER DISCHARGES associated with activities classified as:
SIC 5015 Used Motor Vehicle Parts
SIC 5093" Automobile Wrecking for Scrap (except as specified below)
The following activities are specifically Mcluded from coverage under this General Permit:
Establishments primarily engaged in the wholesale trade of metal waste and scrap, iron and steel scrap, and
nonferrous metal scrap (hereafter referred to as the metal waste recycling industry)
* Standard lndustrlal Classification Code
** A portion of SIC 5093
(Please print or type)
1) Mailing address of owner/operator:
Name
Street Address
City
Telephone No.
2) Location of facility producing discharge:
State ZIP Code
Fax.
* Address to which all permit correspondence will be mailed
Facility Name
Facility Contact
Street Address
City State ZIP Code
County
Telephone No. Fax:
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway Intersection).
(A copy of a county map or USGS quad sheet with facility clearly located on the map is requ[red to be submitted with this application)
4) This NPDES Permit Application applies to which of the following:
❑ New or Proposed Facility Date operation is to begin
❑ Existing
5) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code:
SW U-225-101701
Page 1 of 3

N
NCGID0000 N.O.I.
6) Provide a brief narrative description of the types of Industrial activities and products manufactured at
this facility:
7) Discharge points I Receiving waters:
How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property?
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
discharges end up in?
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer).
8) Does this facility have any other NPDES permits?
❑ No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
9) Does this facility have any Non -Discharge permits (ex: recycle permits)?
❑ No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
10) Does this facility employ any best management practices for stormwater control?
❑ No
❑ Yes
If yes, please briefly describe:
11) Does this facility have a Stormwater Pollution Prevention Plan?
❑ No
❑ Yes
If yes, when was it implemented?
12) Are vehicle maintenance activities occurring at this facility?
❑ No ❑ Yes
13) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
❑ No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
❑ No ❑ Yes
c) Is this facility a large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
❑ No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
Page 2 of 3
S W U-225-101701

9
NCG100000 N.O.I.
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport / disposal vendor:
Vendor address:
14) Certification:
North Carolina General Statute 143-215.6 b (1) provides that:
Any person who knowingly makes any false statement, representation, or certification In any application, record, report,
plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental
Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders Inaccurate any
recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a
fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides
a punishment by a fine of not more than $10,000 or Imprisonment not more than 5 years, or both, for a similar offense.)
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit
will constitute the permit requirements for the discharge(s) and Is enforceable in the same manner as an
Individual permit.
I certify that I am familiar with the information contained In this application and that to the best of my
knowledge and belief such Information Is true, complete, and accurate.
Printed Name of Person Signing:
Title:
(Signature of Applicant)
(Date Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to:
NCDENR
Final Checklist
This application will be returned as Incomplete unless all of the following items have been Included:
❑ Check for $100 made payable to NCDENR
❑ This completed application and all supporting documents
❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the Issuance of an NPDES permit.
SW U-M-101701
Page 3 of 3

WArFR
`O� PG
�? r
Michael F. Easley, Governor
William G. Ross Jr.. secretary
North Carolina Department of Environment and Natural Resources
0 Coleen H. Sullins, Director
Division of Water Quality
Chuck WaUd, P.E., Deputy Director
A&c4 j� Division of Water Quality
/(,cGUi 7
December 19, 2007 14�
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0220 00031483 2834
Mr. Kearney Harper
Harper Auto Crushers, Inc.
2921 Hwy 55 West
Kinston NC 28504
Subject: Notice of Violation
Notice of Recommendation of Enforcement
NOV-2007-OP-0029
Harper Auto Crushers, Inc.
Lenoir County
Dear Mr. Harper:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is
considering forwarding a recommendation for enforcement action to the Director of Division of Water
Quality. The recommendation concems the unpermitted discharge of stormwater from Harper Auto
Crushers into waters of the state.
A letter dated October 17, 2007 was sent to you concerning the above discharge. A Notice of Intent
(NOI) was attached to the letter and you were required to complete and mail the NOI within 15 days of
receipt of the letter. As of this date, December 14, 2007 the Stormwater Permitting Unit in Raleigh has
not received this form.
You are advised that NCGS 143-215.6A provides that a civil penalty of up to twenty five thousand
dollars ($25,000) may be assessed by the [Environmental Management] Commission against any person
who is required but fails to apply for or to secure a permit required by G.S. 143-215.1.
North Carolina Division of Water Quality Internet: www.lic«aterg ality.or8 One
943 Washington square Mall Phone [phone] N&Marofina
Washington, NC 27889 Fax [phone] atural%
An Equal Opportunftyl0miative Acdon Employer— 50% Recydedl10% Post Consumer Paper K`

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C
N KEARN EY. HARPER,, : -
C3 HARPER AUTO CRUSHERS _________
°`pO1 2921 HWY 55 WEST _
y, KINSTON NC 28504

If you have an explanation for the violation that you wish to present, please respond in writing to the
Washington Regional Office within ten (10) days after receipt of this Notice. Your explanation will be
reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to
the Director with the enforcement package for his consideration.
If you have any questions pertaining to this letter, please contact Kristin Jarman at [phone].
Sin erely,
Ll
Al Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office
Attachments
C. WaRO Files

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Permit
• Sender: Please print your name, address, and ZI �+ in this box •
N. C. Department of Environment
& Natural Resources
Washington Regional Office
DWQ/Surface Water Protection
943 Washington Square Mall
Washington North Carolina 27889
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