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HomeMy WebLinkAboutNCG130091_NOV_20181127ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director CERTIFIED MAIL RETURN RECEIPT REQUESTED NORTH CAROLINA Environmental Quality November 27, 2018 JML Energy Resources, LLC Attention: Jason McCullar- Member Attention: Scott Yelton- Registered Agent 401 Old Hebron Road Charlotte, North Carolina 28273 7016 1370 0000 2595 9461 Subject: NOTICE OF VIOLATION NOV-2018-OP-0014 Site Incident Number: 201803539 JML Energy Resources, LLC Mecklenburg County Dear Sirs: On November 20, 2018, James Moore from the Mooresville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), visited the subject site located at 401 Old Hebron Road in Charlotte, Mecklenburg County, North Carolina. The site visit and file review revealed that JML Energy Resources, LLC has neither applied for, nor obtained coverage under, an NPDES General Permit No. NCG130000 Non-metal Waste Scrap for stormwater discharges from the site. The site currently discharges stormwater affected by processes on site to Kings Branch. 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 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. NCFfXCM.YWRD � Q�� W�ulmn� YOrvYumnW 0.WN,� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 3011 Mooresville. North Carolina 28115 704.663,1699 JML Energy Resources, LLC Notice of Violation November 27, 2018 Page 2 of 2 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 James Moore at (704) 235-2138. Sincerely, 309114k S • jP---- Zahid S. Khan, CPM, CPESC, SPSWQ Regional Engineer Land Quality Section Enclosure cc: MRO — DEMLR, Stormwater Files (w/o enclosure) Raleigh Stormwater Permitting Program, No Exposure Files (w/o enclosure)