HomeMy WebLinkAboutNCS000307_NOV-2022-PC-0675_signed_20221102ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
November 2, 2022
CERTIFIED MAIL 70191120 0002 0066 3354
RETURN RECEIPT REQUESTED
Leon Perry III
Perry Logistics, Inc.
2760 Raleigh Road
Henderson, NC 27536
Subject: Notice of Violation NOV-2022-PC-0675
Failure to Submit Requested Information
Perry Logistics, Inc.
NPDES permit NCS000307
Vance County
Dear Permittee:
Per the terms of your NPDES permit found in Part III, Section A. 8., you are required to provide
information to the Division when requested. On March 25, 2022, the Division sent an electronic
request for additional information on the stormwater permit renewal application submitted for
permit NCS000307. The Division followed up on this request on April 27, 2022, June 2, 2022,
July 20, 2022, August 11, 2022, September 14, 2022, and October 19, 2022.
Our records indicate that as of the date of this letter, the additional information requested has not
been provided. Failure to provide requested information to the Division is a violation of the
terms of your permit, subjecting you to a possible assessment of civil penalties.
The following permit violations are noted:
Part III, Section A. 8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the permit issued pursuant to this individual permit or to determine compliance with
this individual permit. The permittee shall also furnish to the Director upon request, copies of
records required to be kept by this individual permit.
These permit condition violations and future violations of NPDES Permit NCS000307 are
subject to civil penalty assessments of up to $25,000.00 per day for each violation. A review of
your response will be considered in any civil penalty recommendation regarding this matter.
You are requested to respond to this office in writing within thirty (30) days of receipt of
this notice. Your response should address how the requested permit renewal information
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Page 2 of 2
has been provided. (Note: A copy of the previously requested information is attached to this
letter for your reference.)
Your written response should address items 1-5 listed below.
1) Provide a Supplemental Information Form (available on our website) and all required
attachments.
2) Email an electronic spreadsheet summarizing all the monitoring data that has been
collected from the effective date of the current permit to the date of this letter. If
monitoring was not conducted or not conducted during a portion of the permit coverage
timeframe, please clearly indicate this in your response with an explanation why and
include any available monitoring data, even if you only have partial results.
3) Provide clear verification that the information in the renewal application is still complete
and correct.
4) Provide an explanation of any operational changes since the renewal application was
submitted.
5) Confirm that you have reviewed the facility contact information is correct. If a portion of
the information is not correct, please confirm that you have updated the information.
Please ensure that the requested information is mailed to the attention of Brianna Young, 1612
Mail Service Center, Raleigh NC 27699-1612.
Thank you for your attention to this matter. If you have any questions or if you need assistance
gathering the requested information, please do not hesitate to contact Brianna Young at 919-707-
3647 or via e-mail at brianna.young@ncdenr.gov.
Sincerely,
S. Daniel Smith, Supervisor
Stormwater Permitting Program
Division of Energy, Mineral, and Land Resources
NC Department of Environmental Quality
Attachment: Additional Information Request
cc: Raleigh Regional Office
Erin Faucette, Perry Logistics, Inc.
Young, Brianna A
From: Young, Brianna A
Sent: Friday, March 25, 2022 11:53 AM
To: bperry6144@gmail.com
Cc: efaucette12@gmail.com
Subject: Perry Logistics Inc. stormwater permit application NCS000307
Good morning,
The Division of Energy, Mineral, and Land Resources (DEMLR) Stormwater Permitting Program
acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000307 on
December 1, 2013. Please continue to comply with all conditions and monitoring requirements in your
expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and
maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by
that permit until the Division issues a renewal permit or notifies you of an alternative action.
In order to proceed with the permit renewal, additional information is required: 1) confirm that the information I
have is correct and 2) make sure the permit adequately serves the needs of the facility. Please provide the
following:
• Supplemental Information Form (available on our website here);
• An electronic spreadsheet summarizing all of the monitoring data that has been collected since the
effective date of the current permit;
• Verification that the information in the renewal application is still complete and correct; and
• An explanation of any operational changes since the renewal application was submitted.
Enter your stormwater permit number into the Stormwater Permit Summary Report and you will see a form that
includes the address of the facility, contact information for the permit, and the regulated stormwater outfall(s) for the
facility. Please review the facility information to make sure it is correct. Information can be updated using the links
provided below, where applicable:
• Facility/Company name or ownership: Name/Ownership Change Form
• Owner Affiliation (Legally responsible person; i.e., someone with the company who is designated to
represent the company per signatory requirements or another authorized representative): Permit Contact
Update Request Form
• Delegation of Signature Authority (DOSA): Permit Contact Update Request Form
• Billing contact: Permit Contact Update Request Form
• Permit contact: Permit Contact Update Request Form
• Facility contact: Permit Contact Update Request Form
• Facility address only: Email Bethany og ulias
• Stormwater outfall information: Email Bethany Geor og ulias
• Visit the eDMR Six Steps website and complete Steps 1 and 2.
• Pay outstanding permit fees: Stormwater ePgMent website
Once I have the above listed information, I can continue my review. You will receive a draft permit for a 30-day
comment period. During this time we will be able to address any comments or concerns you have. During the
same 30-day period, the draft will be sent to a Regional Office staff member for review as well as out to public
notice. Once all comments and concerns are addressed, you may be issued a final permit.
Please contact me if you have any questions.
Thank you,
Brianna Young, MS (she/her/hers)
Industrial Individual Permits Coordinator
Stormwater Program
NC DEQ/ Division of Energy, Mineral, and Land Resources (DEMLR)
Brianna.Young@ncdenr.gov (e-mail preferred during State of Emergency)
919-707-3647 (office)
Mailing address: 1612 Mail Service Center, Raleigh, NC 27699-1612
Physical address: 512 North Salisbury Street, Raleigh, NC 27604
Email correspondence to and from this address is subject to the North Carolina
Public Records Law and may be disclosed to third parties.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts.
To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please check with
the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your
patience as we continue to serve the public during this challenging time.
Young, Brianna A
From: Young, Brianna A
Sent: Friday, March 25, 2022 11:16 AM
To: bperry@nc.rr.com
Subject: Perry Logistics Inc. stormwater permit application NCS000307
Good morning,
The Division of Energy, Mineral, and Land Resources (DEMLR) Stormwater Permitting Program
acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000307 on
December 1, 2013. Please continue to comply with all conditions and monitoring requirements in your
expired NPDES stormwater permit. As long as you have submitted a complete renewal request package and
maintain compliance with those permit conditions, stormwater discharges from this facility are authorized by
that permit until the Division issues a renewal permit or notifies you of an alternative action.
In order to proceed with the permit renewal, additional information is required: 1) confirm that the information I
have is correct and 2) make sure the permit adequately serves the needs of the facility. Please provide the
following:
• Supplemental Information Form (available on our website here);
• An electronic spreadsheet summarizing all of the monitoring data that has been collected since the
effective date of the current permit;
Verification that the information in the renewal application is still complete and correct; and
An explanation of any operational changes since the renewal application was submitted.
Enter your stormwater permit number into the Stormwater Permit Summary Report and you will see a form that
includes the address of the facility, contact information for the permit, and the regulated stormwater outfall(s) for the
facility. Please review the facility information to make sure it is correct. Information can be updated using the links
provided below, where applicable:
• Facility/Company name or ownership: Name/Ownership Change Form
• Owner Affiliation (Legally responsible person; i.e., someone with the company who is designated to
represent the company per signatory requirements or another authorized representative): Permit Contact
Update Request Form
• Delegation of Signature Authority (DOSA): Permit Contact Update Request Form
• Billing contact: Permit Contact Update Request Form
• Permit contact: Permit Contact Update Request Form
• Facility contact: Permit Contact Update Request Form
• Facility address only: Email Bethany og ulias
• Stormwater outfall information: Email Bethany Geor og ulias
• Visit the eDMR Six Steps website and complete Steps 1 and 2.
• Pay outstanding permit fees: Stormwater ePgMent website
Once I have the above listed information, I can continue my review. You will receive a draft permit for a 30-day
comment period. During this time we will be able to address any comments or concerns you have. During the
same 30-day period, the draft will be sent to a Regional Office staff member for review as well as out to public
notice. Once all comments and concerns are addressed, you may be issued a final permit.
Please contact me if you have any questions.
Thank you,
Brianna Young, MS (she/her/hers)
Industrial Individual Permits Coordinator
Stormwater Program
NC DEQ/ Division of Energy, Mineral, and Land Resources (DEMLR)
Brianna.Young@ncdenr.gov (e-mail preferred during State of Emergency)
919-707-3647 (office)
Mailing address: 1612 Mail Service Center, Raleigh, NC 27699-1612
Physical address: 512 North Salisbury Street, Raleigh, NC 27604
Email correspondence to and from this address is subject to the North Carolina
Public Records Law and may be disclosed to third parties.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts.
To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please check with
the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your
patience as we continue to serve the public during this challenging time.