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HomeMy WebLinkAboutWT002806_NOV_20190924ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 24, 2019 CERTIFIED MAIL: 7019 0700 0000 8867 9921 RETURN RECEIPT REQUESTED Bumgarner Oil Company Attention: John Cassidy, Plant Manager Post Office Box 126 Hickory, North Carolina 28603 Subject: NOTICE OF VIOLATION (NOV-2019-PC-0657) Site Number: WT002806 Bumgarner Oil Company Caldwell County County Dear Mr. Cassidy: On September 12, 2019, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), visited the subject site located at 320 Elizabeth Street NW, Caldwell County, North Carolina. The site visit and file review revealed that Bumgarner Oil has neither applied for, nor obtained coverage tinder, an NPDES General Permit No. NCG080000 for stormwater discharges from the site. The site currently discharges stormwater affected by processes on site to receiving waters designated as Blair Fork, a Class C waterbody in the Catawba 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 (828) 296-4500. D_E QJ� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 12090 U.S. Highway 701 Swannanoa, North Carolina 28778 me w. °i°-°^-^"'^•'^^�1°ui0" 828.296.4800 Sincerely, Stanley E. Aik GA Regional Engineer Land Quality Section Enclosure: Notice of Intent cc: Alain Morman, Environmental Specialist Alaina.morman cgncdenr.gov Stanley E. Aiken- Regional Engineer stan.aikennncdenr.gov Suzanne McCoy- Administrative Specialist Stizanne.mccoy@iicdenr.gov