9- - north carolina management commission/emc...certified mail 0 express mail o/reglstered 0 retum...

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North Carolina Department of Environment and Natural Resources Division of Air Quality

Bevenv Eaves Perdue Sheila C Holman Dee Freeman Governor Director Secretary

AUllust 20,2010 CIU~TIFIEDMAIL 7010 0290 00015628 0841 RETURN RE(:EH'T REQl!ESTED .

tv11' iv1clvin Edv,ards 34 Katie Court Snuw Ilill. NC 28580-0366

SUBJECT: Notice of Viohdion- Notice of Recommended Enforcement North Carolina AdministraHvt' Code, Title 15A, Chapter 2•. Subchapter 2D .1900 - OI>ENJ.HTRNfNG Melvin Edvntrds --- 4512 BaH l'ark Road Maury, Greene County, North Carolina

Dear .tv]r Fd\vards:

On Augusl4. 201O,Mr.Robert Bishop ofthisOf11ce received a report from the Greene ClHlnt) Fire lvlarshall concerning an open burning incident at 45 J2BalJ Park Road. near Maury. in (In:ene County. NC', lv11' Bishop observed the bumingofhousehold rubbish. cans, bottles, lumbl'l'

pressboard, insulation. rugs, tin rooling and other llni·dentifiable synthetic ma!erials that \\cre ill\? remains of a store at the site

North Carolina!\drninistrativ(' Code 'rille 15A. 2D. J900 docs not allow the open burning of garbage, cardboard. paper. rubbt'f, metals. or synthetic materials for \-vasle The only materials that may be burned kgall) are 'yard trimmings. iea,vcs and lmlllchcs that (lriginate on the premises of pri\ ate residences and arc burned on those premises bctween 8,00 A\1 and 600 Pt\1, 11' the burning docs n01 create a nuisance and jlllblicP'lckup is not available, Mr. Bishop spoke with you and explaim~d from the rq;ulatiol1s why burninglhis material is not al1o\','cd .

., Please be '-lchised that any violation can resuh in possible civil penalties as per North Carolina (Ieneral Statute J43-215.1 J4A. North Carolina General Statute (a) (I) and (2) provides that a ~'i\il penalty of not more than S25.000.00 per violation may be assessed against a person \\ho violaks any regulation or standard established pursuant to North Carolina General Statute ] 43-215. J07,

This office is considering sending a ret~omm('ndation for enforcementadion to the Director ()f ttlt' Division of Air Qualit:r. If you have an explanation for this violation that you wish to prescnt, or if )Otl believc the 1indings slated in this letter are not correct, please reply within_ t'wo (2) weeks after [(>cdpt of this letter. Your explanation \vill he revie\\'cd and if an cnf()J'ccruel}t action is stilt deemed appropriate. your explanatioil will be j()l\varded to tl1(~ Director vVlth the enf(lrcclnent package1()! her consideratiun,

()n·'N()l~t he:arolina lVll/ltttll/1I

K'\Greene40\OPENBURN\Melvif1 Edwards\20100820EdwardsM,NRE.doc

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l'v1r. 1\lehin Edwards August 20, 2010 Page 201'2

Me Edwards, it is in your best interest to hecome knowledgeable \\i1lJ the North Carolina regulations concerning "Open 13urning" and to abide by those regulations, A brochure and a ('opy of North Carolina's open burning regulations arc enclosed with this letter If you have an explanation for this violation that YOll \vish to presenL or if you believe the findings stated in this letter are \)ot correct, please reply within two (2) weeks after receipt of this letter,

I appreciate your help in keeping the air in eastern North Carolina as clean as possible, Ir you have any questions or concerns regarding Ihis maHer, feel free 10 contact [\-11'. Bishop or me at (252) 946-648] '

Sincerely,

.~;F~ Robert p, Fisher, Regional Air Quality Supervisor

RPF!rmb Enclosure: Open burning brochure, Open'burning regulations

cc:Washington .Regional Files Raleigh Centra1 Files Greene County Fire Tvlarshall--electronic copy

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• Attach this card to the back of the mailpiece, or on the front if ~J?kace permits,,"

1. Article Addressed to: ." ;'. ~

Mr. Melvin Edwards!: 34 Katie Court /'''; L/ . A Snow Hili, NC[8S8010366 .(jQ

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4

Complaint Investigation Report

NC Dept. of Environment & Natural Resources Division of Air Quality

County: Greene Region: WARO Suspect: Mr. Melvin Edwards Facility ID# Record # 10616

Regional Investigator: Bishop, Robert Regional Co-investigator: Non-DAQ Investigator: Randy Skinner Fire Mar.

Date Complaint Received: 08/04/2010 Received By: Daniels, Steven Date assigned: 08/04/2010

Investigation date: 08/04/2010 Follow-up date: 08/09110

Report submit date: 08/0611 0

Complaint type: OB - Construction Complaint description: Burning construction materials.

Situation Dangerous: No. Occurring Now: Yes

Complaint: Mr. Steven Daniels received a call from Mr. Randy Skinner, Green County Fire Marshal that Mr. Melvin Edwards was burning the remains of an old store. The owner of the property is Ms. Margie Lumford, 4523 Maury Ballpark Road, and NC 28554

Directions: At the junction ofHwy 123/903, turn right on Hwy 123 North. Go past Maury Depot Street and the . burn site will be on the left at 4465 Hwy 123 North in Maury, NC. .

Suspect: Mr. Melvin Edwards Suspect Contact: Melvin Edwards Physical Location: 4512 Ball Park Road, Maury 28580

Mailing Address: 34 Katie Court City/State/Zip: Snow Hill, NC 28580-7519 Telephone: Alternate Telephone: (252) 364-0366

Complainant: Randy Skinner Complainant Address: 201 Martin Luther King Jr. Parkway City/State/Zip: Snow Hill NC 28580 Telephone (H): (252) 714-0626 Telephone (W): (252) 747-2544 Call Back Required? No Response Requested

Referral to DAQ: Fire Dept/Marshal

Violation documented: Yes. DFR Permit: Yes.

Report Date: 08/611 0

Summary of investigation:

At 10:30 a.m. on August 4,2010, I, Robert Bishop, Environmental Specialist, Division of Air Quality (DAQ), Washington Regional Office (WaRO) received this open burning complaint from Mr. Steve Daniels, ' Environmental Chemist.

K\Greene40\OPENBURN\Melvin Edwards\20 I00804EdwardsM.cl 6.doc Page I

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At 10:45 a. m. on August 4,2010, I entered this complaint in I-Beam and assigned myself as regional investigator.

At 10:50 a.m. on August 4,2010, Lcalled Mr. Randy Skihner, Green County Fire Marshal and Green County EMS and informed them that I was responding to this open burning complaint.

Mr. Skinner and the Maury Fire Chief were at the burn site.

Mr. Skinner informed me/that Maury is not incorporated as a town.

At 12:30 p.m. on August 4, 2010, I met with Mr. Melvin Edwards, Mr. Paul Speight, and the property owner Ms. Margie B. Lunsford (252-560-9356).

I asked Mr. Edwards how the fire got started?

Mr. Edwards stated that he was working forMr. Paul Speight (252-320-0953)

At 8:45 a.m. on August 6,201, I called Mr. Speight only to find that the phone number 252-320-0953 was a wrong number.

Mr. Speight told him to get a NC Forest Service Open Burning Permit and start the fire.

On August 3, 2010, Mr. Edwards obtained the burn permit from Maury Supply store at the junction ofHwy 903 and Hwy 123 in Maury,NC. .

Mr. Edwards started the fire between 7:30 and 8:00 a.m. on August 4,2010.

I asked Mr. Edwards ifhe had the Open Burning Permit with him.

Mr. Edwards stated that he did and showed me the permit.

I asked Mr. Edwards if! could borrow the burn permit and make a CO]

Mr. Edwards stated that it would be all right with him.

I borrowed the burn permit from Mr. Edwards and obtained a Supply Hardware Store. (See attached FS Burn Permit)

The permit listed the type of burning as "Brush".

Mr. Edwards falsely documented the type of burning as "brush".

Mr. Edwards informed me that he would take full responsibility for starting the fire.

I asked Mr. Edwardsifhe was aware of the Open Burning Rules?

Mr. Edwards stated that he did not know about the Open Burning Rules!

I explained to Mr. Edwards the Open Burning Rules!

I gave Mr. Edwards a "Breathe... Don't burn!" pamphlet and my business card.

I asked Mr. Edwards if he knew who owned the property?

K:\Greene40\OPENBURNlMelvin Edwards\20 I00804EdwardsM.c 16.doc Page 2

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Mr. Edwards informed me that Ms. Margie B. Lunsford (252-560-9356 Cell) of 4523 Ball Park Road, Maury, NC is the property owner. (See attached Tax Maps)

On August 4, 2010, I observed the burning remains ofa building on the property of Ms. Margie B. Lunsford at 4512 Ball Park Road in Maury, NC

The bum site observed contained two sections: (See attached pictures) The two sections were located between two buildings that were adjacent to Ms. Lunsford property.

The lSI section was located 34' from Ball Park Road.

This section covered an area that measured 29' x 27' x 2'.

This section contained the burning remains of such construction material as lumber scraps, siding, pressboard, rugs, insulation and tin roofing.

This section was also located 30' from a night club and 21' from an old building.

The 2nd section was located 12' from the 1sl section..

This section covered an area that m,easured 34' x 21' x2'.

This section contained the burning remains of such construction material as lumber scraps, bottles, cans, pressboard, insulation and household trash.

This section was also located 53' from a row of trees, 65' from an abandon dwelling and 108' from another abandon dwelling.

I met with Ms. Margie B. Lunsford, Property Owner of the burn site, at 4523 Ball Park Road, in Maury, Green County, NC

I asked Ms. Lunsford if she owned the property at 4512 Ball Park Road that was located just across the street.

"Ms. Lunsford stated that she did own the property."

I asked Ms. Lunsford for permission to conduct an environmental investigation on her property a 4512 Ball Park Road that was located just across the road from her home at 4523 Ball Park Road in Maury, Green County, NC

Ms. Lunsford stated that it would be ok with her to conduct my investigation.

I explained to Ms. Lunsford that I had met with Mr. Melvin Edwards who informed me that he was given permission from Mr. Paul Speight to obtain a burn permit and start the remains of the old building on fire. '

I asked Ms. Lunsford if she was aware of the Open Burning Rules? i

Ms. Lunsford stated that she did not know about the Open Burning Rules!

I explained the Open Burning Rules to Ms. Lunsford.

I gave Ms. Lunsford a "Breathe... Don't bum!" pamphlet and my business card.

K:\Greene40\OPENBURN\Melvin Edwards\20 I00804EdwardsM.c16.doc Page 3

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I verified that

1 I explained the Open Burning Rules to Ms. Lunsford.

I gave Ms. Lunsford a "Breathe ... Don't burn!" pamphlet and my business card.

I informed Ms. Lunsford that she wou Id be receiving a letter from this office.

Ms. Lunsford informed me that she did not receive her mail at 4523 Ball Park Road .

.

That she had a Post Office Box that was identified as P. O. Box 72, Maury, NC 28554..

Evidence Collected: (pictures taken, charred debris taken from site) (Take picture ofDFR Permit) I took several pictures and made measurements. All measurements were made with a measuring wheel. . ,

(Also is theallegedyiolatiQ~i~~,S;~~i;a:t~d~tt~:~' htt . ://www.secreta.r';.state;ri~::'~isieo.<: brat1.6n'. Mr. Melvin Edwards is not a registered agent. (See attached Agent Search). Although there are several Edwards, they are all from Princeton, NC.

Conclusion: , It appear's that Mr. Melvin Edwards is in violation of 2D.1903 Open Burning Without An Air Quality Permit (b)(1)(A)(C).

MLMelvin Edwards falsely documented the type of burning as "BRUSH" on the Division of Forest Service, Open Burning Permit Form (FC 4409-3).

Suspect History: On the WaRO LAN, in I·Beam Contacts and facilities, in the paper folders Mr. Melvin Edwards does not have a prior history of illegal open burning on the WaRO LAN or in 1Beam.

Recommendation: I recommend that Mr. Melvin Edwards be issued a Notice Of Violation / Recommended Enforcement (NOVINRE) for the illegal burning of a building that included "Refuse", "Salvageable", "Synthetic materials". Then consider this case closed.

Mailing Address: (ch~ckjt.agaihs(tW~;U$B$·.~at<tW~@~~~~0~~lI.~¢r~~1!¥J~~~f~~~~~~ http://zip4.usps.com/zip4/welb6rri.e:lsp)IverifiedthatrMr.MelvinEdwards'szip code address is 28580-7519. (See attached Zip Code search)

K. IGreene4010PENBURNlMeivin Edwards\20 I00804EdwardsM.c16.doc Page 4

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DIVISION OF AIR QUALITY - CIVIL PENALTY ASSESSMENT

Violator: Melvin Edwards

County: Greene

Case Number: 2010-175

ASSESSMENT FACTORS

1) The degree and extent of harm to the natural resources of the State, to the public health, or to private l property resulting from the violation; . [) ~ 1 (j.... ~~'.J.ee; ~ ~~c~ ~~ ~,c-~~~s d</V~ t-- s~, f" wolf NeE.

2) T~urJ~n~r~Violation; 'no ~ ~oc~J or- ~.,c1~.

3) The effect on ground or surface water quantity or quality or on air quality;

f\'i,,~~~~~~~ fk r_ ~ r~ _ . L.J '~cb~-n"N.. ""CAP ~~r)~ c~ "'.) .•. I._ U •

4) The cost of rectifying the damage;

5) The amount of money saved by noncompliance;

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6) Whether thevfolation was committed willfully or intentionally;

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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) Cost to the State of the enforcement procedlJ{es; • h. ,~d.

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Beverly Eaves Perdue Governor

NCDENR North Carolina Department of Environment and Natura'i Resources

Division of Air Quality Sheila C. Holman

Director Dee Freem;

Secreta

CER.TIFIEDMAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1108 0713

December 20, 2010

Mr. Melvin Edwards 34 Katie Court Snow Hill, NC 28580

SUBJECT: Civil Penalty Assessment for Violation(s) 2D .1900 Open Burning

File No.: DAQ 2010-175 Violator: Melvin Edwards County: Greene

Dear Mr. Edwards:

This letter transmits notice of civil penalty assessed against Melvin Edwards in the amount of $500 and . $235 investigative costs, for a total of$735.

Enclosed is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by the delegation pursuant to North Carolina General Statutes (NCGS) 143-215.114A(d). Any new or continuing violation(s) may be the subject of a new enforcement action, including additional penal1:

You must take one ofthe three actions outlined below within thirty (30) days from the date ofreceipt of this letter. Please be advised that ifyou fail to exercise one ofthe following options within thir~J! (30) days, you will lose your right to appeal or contest this case and your case will be forwarded to the Attorney'

. General's Office for collection. . . .

1. Submit payment of the penalt)':

Payment should be made directly to the order.ofthe North Carolina Department of Environment and Natura Resources (NCDENR). When submitting payment, please reference your DAQ case number on your check to insure proper posting. Please do not include the attached waiver form when submitting payment. Payment ofth, penalty will not foreclose fur,ther enforcement action for any continuing or new violation(s). Please submit payment to the attention of:

Enforcement Group - Payment Department of Environment and Natural Resources Division of Air Quality 1641 Mail Service Center Raleigh, NC 27699-1641

1641 Mail Service Center, Raleigh, NC 27699-1641 One .2728 Capital Blvd., Raleigh, NC 27604 Phone: (919) 715-1728 \ FAX: (919) 733-1812 \ Internet: www.ncair.org/ NcnthC·arohn; An Equal Opportunity \ Affirmative Action Employer ;J\7atufnllll 26

Mr. Edwards December 20,2010

''Page 2

Please be advised, that it is the policy for NCDENR to charge and collect a processingfee of$25. 00for checks on which payment has been refused by the bank because of insufficientfunds or because ofan invalid bank account.

OR

2. Submit a written request for remission 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 the may relate to the reasonableness ofthe amount of the civil penalty assessed. Requesting remission is not the pre procedure for contesting whether the violation(s) occurred or the accuracy ofthe factual statements contained in civil penalty assessment document. Because a remission request forecloses the option of an administrative heari 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 believe civil penalty should be remitted, and submit it to 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 143B-282.1(b) were wrongfully applied to the detriment of the violator;

(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 has 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 If you chose this option, do not send in payment at this time. The Director of the Division of Air Quality (DAQ) will review your evidence and inform you of his/her decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for fUliher 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 paIi of the origina 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 subrriit the enclosed "Requestjor Remission ojCivil Penalties, Waiver ofRight to an Administrative Hearing, and Stipulation ofFacts" form within thirty (30) days of receipt of this notice. The DAQ also requests that you complete and submit the enclosed "lustiflcationfor Remission Request." Both forms should be submitted to the following address:

Enforcement Group - Remission Department of Environment and N atmal Resources Division of Air Quality 1641 Mail Service Center Raleigh, NOlih Carolina 27699-1641

27

J~r. Edwards ~ .

Page 3

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 (OAH). You must file the petition with the OAH 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 OAB accepts filings Monday through Friday between the hours of8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions)- provided the signed original, one (l) copy and a filing fe,e (if a filing fee is required by NCGS §150B-23 .2) is received in the OAH within seven (7) business days following the faxed or electronic transmission. You should contact the OAH with all questions regarding the filing fee and/or the details of the filing process. The mailing address, telephone number, and facsimile number for the OAH are as follows:

Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000 Facsimile: (919) 431-3100

A copy ofthe petition must also be served on NCDENR as follows:

Mary Penny Thompson, General Counsel North Carolina Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601

. ,

P.Iease indicate the DAQ case number, as found on Page 1 of this letter, on your petition to OAR.

Failure to exercise one ofthe 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 ifthe violations that are the subject of this action have not been corrected.

If you have any questions concerning this matter, please contact Betty Gatano at (919) 733-1478.

Sincerely,

Sheila C. Holman

Enclosures: Assessment Document

cc: Robert P. Fisher, Supervisor Washington Regional Office Enforcement File (DAQ 2010-175)

28

))))))))

NORTH CAROLINA STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT

AND NATURAL RESOURCES

COUNTY OF GREENE FILE NO. DAQ 2010-175

IN THE MATTER OF:

MELVIN EDWARDS

CIVIL PENALTY ASSESSMENT·FOR VIOLATION OF:

15A NCAC 2D .1900, "OPEN BURNING"

Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Sheila C. Holman, Director of the Division of Air Quality (DAQ), make the following:

I. FINDINGS OF FACT:

A. On August 4,2010, the DAQ, Washington Regional Office (WaRO), received a complaint from Mr. Randy Skinner, Greene County Fire 'Marshal, stating that Melvin Edwards was burning the remains of,an old store at 4512 Ball Park Road in Maury, near Snow Hill, Greene County, NC.

B. On August 4, 2010, Mr. Robert Bishop of the DAQ WARO investigated the complaint and observed two burn piles that contained the remains of construction debris.

C. On August 4, 20 I0, Mr. Bishop met with Melvin Edwards who stated that he had obtained a burn permit and started the fire. Mr. Edwards also indicated that he would take full responsibility for his actions.

D. A Notice ofViolationlNotice of Recommended Enforcement (NOVINRE), dated August 20, 2010, was issued to Melvin Edwards for the violation of the open burning regulations, and included an opportunity to respond within two (2) weeks of receipt.

E. The NOVINRE was received by Melvin Edwards on August 24,2010. To date, . the WARO has received no resp0l1se to the NOVINRE.

F. WaRO has no record of prior illegal open burning violations for Melvin Edwards.

G. The cost of investigation or inspection in this matter totaled $235.00.

Based upon the above Findings of Fact, I make the following:

29

,~ Melvin Edwards DAQ 2010-175 Page 2

II. CONCLUSIONS OF LAW:

A. Melvin Edwards was in violation of 15A NCAC 2D .1900 on August 4, 2010, for causing, allowing, or permitting the open burning of prohibited materials.

B. G.S. 143-215.114A provides that a civil penalty of not more than twenty five thousand dollars per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.108 or who violates any regulation adopted by the Environmental Management Commission.

C. G.S. 143-215.3(a)(9) provides that the costs of any investigation or inspection may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.108 or who violates any regulation adopted by the Environmental Management Commission.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION:

Melvin Edwards is hereby assessed a civil penalty of:. •~' i .. ' ~

, -"

$ '500·00 For one (1) violation of 15A NCAC 2D .1900 "Open Burning" on August 4,2010.

$ '5ro·OD TOTAL CIVIL PENALTY, which is ~ percent of the maximum penalty authorized by G.S. 143-215.114A.

$ 235.00 Investigation costs.

$ __ 0-'----0 TOTAL AMOUNT DUE 1---1-----'0£-'3>5=--..c.=' __

Pursuant to G.S. 143-215.114A in determining the amount of the penalty, I considered the factors listed in G.S. 143B-282.1(b) and 15A NCAC 2J .0106, which are the following:

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(s);

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;

30

.~ Melvin Edwards DAQ2010-175 Page 3

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.

\'2.-\ I f')1}-,-----1 _0

~ate Sheila C. Holman, Director Division of Air Quality

31

JUSTIFICATION FOR REMISSION REQUEST

DAQ Case Number: 2010-175 County: Greene Violator: Melvin Edwards Facility ID: Amount Assessed: $735 ($500 in penalty and $235 in investigative costs)

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 Stipluation 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 determining

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-28~.l(c), I

remission ofa 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 penaltv assessment factors in N.C.G.S 143B-282.1(b) were wrongfully applie'd 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 necessarv remedial actions (i.e., explain how payment ofthe civil penalty will prevent you from peT/orming the activities necessary to achieve compliance).

EXPLANATION:

32

)))))

STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT

COMMISSION

County of Greene FILE NO. DAQ 2010-175

IN THE MATTER OF ASSESSMENT REQUEST FOR REMISSION OF CIVIL OF CIVIL PENALTIES AGAINST PENALTIES; WAIVER OF RIGHT TO Melvin Edwards AN ADMINISTRATIVE HEARING

AND STIPULATION OF FACTS

Having been assessed civil penalties totaling $735 for violation(s) of:

2D .1900 Open Burning as set forth in the assessment document of the Director, Division of Air Quality dated December

20,2010, the undersigned, desiring to seek remission of the civil penalties, does hereby waive

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 Air 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 thirty (30) days from the receipt

of the notice of assessment.

This the,__day of ~ ~_, 20_.

Signature

By

Print Name

Addre5's

Telephone .>-(_"'-')'----- ------, _

33

------

/

ATA NCDENR


Beverly Eaves Perdue Sheila C. Holman Dee Freeman Governor Director SecretaryJUN 27 2011

Jurte 23, 2011

Greene County Sheriffs Dept. 301 N. Greene St. Snow J-Jill, NC 28580


. (252) 364-0366

To avoid any further delays in the process of this document the Division of Air Quality would like to have the enclosed documents served by your department. The county tax offices have been called to verify the addresses.

**It is mostirhporhinJ to,r¢turn the form·.filIed<out in detail as -to: how the documents were, served.**/

., .\.

Attached please find a check in the amount of $15.00 for your service. We thank you in advance for your service and attention to this matter. If you have any questions please do not hesitate to call me at (919) 715-2445.

----~ --- --- - -~---

Amy Vanderkop Enforcement Technician

cc: Enforcement File (DAQ 2010-175)

Technical Services Section 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 One2728 Capital Blvd., Raleig h, North Carolina 27604 NorthCarolina Phone: (919) 733-1728 \ FAX: (919) 733-1812 \ Internet: www.ncair.org/

l,ltZfUttlLlyAn Equal Opportunity \ Affirmative Action Employer 34

RETURN OF SERVICE /

> ""'~./"

..f••I~..tify that this NOTICE OF SERVICE was received on the n day of together with the document(s) was served as follows:

On _. ~he~ay of ;)"'vi.'f ,2011 at the following location,

Address Delivered To: IY I- \,IJ/l.I..JI. ClJ t J..,./YG h· tJ~" t. ;. 6q j H~ '1 q ()] rv . fV\,r-t tiI", I ty. C .

_ .... document~ were served on the following person, c"--,'--·V\----'--·..."L"-

Person Delivered To:

__ ._. ,_~B::...:v-,-: __ ~ ---:./deliVering a ~0'py to the above named individual personally

leaving a copy at the dwelling house or usual place of abode of the above named individual with a person of suitable age and discretion residing therein.

leaving a copy at the place of business of the above named individual, where said individual is the owner or operator of a business or corporation, at the following address.

Documents Served By:

--,L=---:..p=---.!..:·IW~.(h.-----!...1/·....::U2-=---J"............. , Sheriff~A...!..-.!...,-----'--T_tl-

If not served on the aoove named individual, state reason: .

"~ ,.",.

"

The Civil Penalty Assessment (CPA) letter for DAQ 2010- 175, was sent to the Sheriffs office with a check for $15.00 to cover the delivery of the letter.

Return To: DENRJDivision of Air Quality., Enforcement Group-R0S . 1641 Mail Service Center Raleigh, North Carolina 27699-1641

35

AGENDA ITEM: __ REQUEST FOR REMISSION OF CIVIL PENALTY BY:

Melvin Edwards DAQ 2010-175 Greene County

EXPLANATION: On 12/20/10, the Division of Air Quality, assessed a total penalty of$735 (Civil Penalty of $500 plus investigative costs of $235) against Melvin Edwards, for:

2D .1900 Open Burning

On 7/19/11, Melvin Edwards requested remission and waived the right to an adminstrative hearing by stipulating the facts were as alleged in the

assessment do~u~nt. .6\WII .

RECOMMENDATION: a. ~ T e ivision of Air Quality opposes any remission or mitigation of the civil penalty and recommends the initial assessment in the amount of $735 be upheld.

b. The Division of Air Quality grants the request for remission of civil penalties and recommends the following penalty amounts apply:

$ Remitted Civil Penalty Amount

$ Remitted Investigative Costs

$ __~ Total Penalty Amount

REMISSION FACTORS

o Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment ofthe petitioner; o Whether the violator promptly abated continuing environmental damage resulting from the violation; o Whether the violation was inadvertent or a result ofan accident; o Whether the violator had been assessed civil penalties for any previous violations; and o Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.

~-~-""~-

36

4~A ~."r~~ .----~'NC.DENR "

"Norlh Carolina Department of Environment and Natural Resources . " Divi~ion of Air Quality,. " .

Beverly Eaves Perdue Sheila C. Holman Dee Freeman Governor Director , '.- , . Secretary

Dcliven' hv Sheriff

Septerriber 29, 2011

," Mr. Melvin Edwards

t "

PO Box 39 '. Maury, NC 28554

SUBJECT: Request for, Remission ~f Civil Penalty Pursuant to NCGS 143,215: J 14A(e) FileNo,: DAQ2010-175 Violator: Melvin Edwards County: Greene

Dear Mr. Edwards:

" Pursuant to authority delegated to me by NCGS (43~215:114A.(g), 1 have considered the information submitted in support of your request for remission in accordance with NCGS 143-215.1 ]4A.(e), and have not found grounds to modify your assessment of$735 (Civil Penalty of$500 plus Investigative Costs 0[$235). However, I will allow you to pay the penalty in installments. IfyoLl choose this option, please contact Amy

Vanderkop at (919) 715-2445 to arrange for a payment plan.

Should you choose to pay the full penalty, you may send a check or mon,ey order to the North Carolina Department of Environment and Natural ReSOLIJ"Ces (NCDENR). Plea'se submit payment within thirty (30) days of receipt of th is letter to the attention of:

El~rorcemellt Group - Payment Dep31tment of Environment and Natural Resources Division of Air Quality 1641 Mail Service Center Raleigh, NOlth Carolina 27699-1641

Please be advised, that it is the policy for NCDENR to charge and collect a processing fee of $25.00 for checks on which payment has been refused by the bank because of insufficient funds or because oran invalid bank account.

If payment is not received within thiliy (30) days of receipt of this letter, in accordance with NCGS ]43-215.1 ]4A.(e), your request for rem ission of the civi 1 penalty with supporting documents and Illy recommendation to deny the request with supporting documentation will be delivered to the NOith Carolina Environmental Management Commission's (EMC) Civil Penalty Remission Committee (Committee) for final agency decision. .

1641 Mail Service Center. Raleigh North Carolina 27699-1641 C}ne2728 Capital Blvd, Raleigh. North Carolina 27604 NC)lthCarolinaPhone (919) 733-1728 IFAX (919) 733-1812 I Internet www.ncairorg/

An Equal Ooportunity \ Affirmative Action Employer v,7Voftira/lff 37

Mr. Edwards September 29, 20 II Page 2

If you desire to make an oral presentation to the Committee on why your request for remission meets one or mOI·e of the five statutory factors yOLI were asked to address, you must com plete and return the enclosed form within thirty (30) days of receipt of this letler. Please mail the completed form to:

Enforcement Group - EMC Request Depaliment of Environment and Natural Resources Division of Air Quality 1641 Mail Service Center Raleigh, North Carolina 27699-1641

Your request for an oral presentation and the documents in this matter will be reviewed by the Chairman of the EMC and, if it is determined that there is a compelling reason to require an oral pr~sentation from you, you will be notified by celiified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission wi 1/ be made by the Comm ittee based on the written record.

Thank you for your cooperation in this matter. If you have any questions abolltthis letter, please contact Betty Gatano at (919) 733-1478.

Sincerely,

Sheila C. Holman

Enclosure: Request for Oral Presentation

cc: Robert P. Fisher, Supervisor Washington Regional Office Enforcement FiIe (DAQ 20 I0-175)

38

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION

COUNTY OF Greene II , DAQ Case Number: 2010-175, I

IN THE MA TTER OF ASSESSMEMJT OF CIVIL PENALTIES AGAINST! REQUEST FOR ORAL PRESENTATION Melvin Edwards I

I I

I hereby request to make an oral prdentation before the Environniental ManagemelitCommission's (EMC) Committee On C ivi I Penalty

Remissions in the matter of the case ~oted above, In making this request, I assert that I 'understand all of the following statelilents: '

This request wi" be reviewed b~ the Chairman of the Environmental ManagementCommission and may be eithel' granted or den iedj ... .

Making a presentation.will require the presence of myself army represcntative during a Committee meeting held in Raleigh, North Carolina

Mv presentation will belimiied to discussion of issues and information submitted in mv original remission reque~~ and because no

factual issues are in dispute, my presetllation will bc limited 10 three (3 )minute's in length.

'fhe North Carolina State Bar's Authoriied Practice of Law Commilteehas ruled that the appe,arance in a representative capacity .at quasi-judicial

hearings or proceedings is Limited tolawvers \vhoare active members of the bal'. Proceedings before the Commillee on Remission are .

quasi-judicial. You should consider how your intend to present your case to the COlllniitteein light of the State Bar's opinion and whether anyone

will be speaking in a representative capacity for you or a business or government entity. 'If you or your repl'esenta(ive would like to spcak ,

before the Committee, you must compl~te and return this form within thirty (30) days of receipt of this letter. . . . .

Depcnding on your status as an individual, corporation, partnership, or municipality, the State Bar's'Opinion' affects how you may proceed with

your oral presentation See www,ncbaLcomiethics. Authorized PracticeAdvisory Opiilion2006-1 and 2007 Formal Ethics Opinion 3.

, '

If you are an individual or business owner'and are granted opportunity to make an oral presentation before the Committee, then

you do not need legal representatio;lbefore the Committee; however, if you intend on having another individual speak on your . ....

behalf regarding the factual situations, such as an experi, engineer or consultant, then you lilllst also be present at the meeting in . '

order to avoid violatingthe State Bar's Opinion Oil the unauthorized practice of law:

If you are a corporation, partnership or mUl~icipality and are granted an oppoiiunityto make an ol'al presel~tation before the

Committee, then your representative must consider the re'cent State Bar's Opinion and could be considered practicing law without

a license if he or she is not a licensed attorney. Non-Ia~y~rsmaypresent facts but Ir;ust not offer lq~al representation or legal opinion,

, '

lfyoll choose to request an oral presentation pleasemake sure that signatures on the previously submitted Remission Request form and this Oral

Presentation Request form arc: J) for individuals alid business owners, your' own signature and 2) for corporations, partnerships and

municipalities, signed by individuals who wou Id not violate the State Bar's Opinion on the unauthorized practice of law.

Also, be advised that the Committee on Civil Penally Reillissions n~ay choose not to proceed with hearing your case if the Committee is informcd

that a violation of the State Bar occurs.

This the day of .20

SICNATURE

TITLE (President, Owner, etc.)

ADDRESS

TELEPHONE

39

INA NCDENR


Beverly Eaves Perdue Sheila C. Holman Dee Freeman Governor Director Secretary

September 30, 2011

Greene County Sheriffs Dept. 301 N. Greene St. Snow Hill, NC 28580

El1c./osed,~p.lcascd~nd.aH.eturnoJ~S'erv ice for a Requesdor Rem iss ion of a~Ci\iirPeriaJtiAssessment agairlst

Mr. Melvin J. Edwards 34 Katie Ct. (252) 364,..0366 Snow Hill, NC 28580

To avoid any further delays in the process of this document the Division of Air Quality would like to have the enclosed documents served by your depaliment. . The county tax offices have been called to verify the addresses.

**It is most important to return the form filled out in detail as to how the documents were served. **

Attached please find a check in the amount of $30.00 for your service. We thank you in advance for your service and attention to this matter. ]fyou have any questions please do not hesitate to call me at (919) 715-2445.

~SinCereIY'r~ .

:::landerkoP . 1 Enforcement Technician

cc: EI;forceli,ent File (DAQ 2010-175)

Technical Services Section 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 One 2728 Capital Blvd., Raleigh, North Carolina 27604 . N()JthCarolinaPhone: (919) 733-1728 \ FAX (919) 733-1812 \ Internet: www.ncaiLorg/ v1?tlttlfnll!lAn Equal Opportunity \ Affirmative Action Employer 40

RETURN OF SERVICE .-"JIJ ..... .

'.rJy ce,rtify that this NOTICE OF SERVICE was received on the S day of ~ ,2011 and together withthe document(s) was served as follows:

On/ ~~"'tA-the----!+ day of ~ ,20]] at the following location, ~ ,

Address Delivei"ed To:

____________ document(s) were served on the following person,


- -- By:~-- ----~_~_'_' - delivtwiag ..-copy-to tlle aboye Hamed-iildiyii}ilah}ers()naHy---~----~---~'

/' leaving a copy at the dwelling house or usual place of abode of the above named individual with a person of suitable age and discretion residing therein.

leaving a copy at the place of business ofthe above named individual, where said individual is the owner or operator of a business or cOrporation, at the following address.


-,L~U!1~~-,,-,-t11--=cI"-'.=4..P-=----""'J'-.j'~LC.L--"'--'_W-'-- , Sheriff

, Deputy

If not served 011 the above named ind iv id ual, state reason:

The Request for Remission of a Civi I Penalty Assessment for DAQ 20 10-] 75, was sent to the Sheriffs office with a check for $30.00 to cover the delivery of the letter.

Return To: DENIVDivision of Air Quality Enforcement Group-I~OS

1641 Mail Service Center Raleigh, North Carolina 27699-1641

, ,

41

. .' "

- . .

'. ,_."~"-."'.~•. ' . I

r'· ~ I

43

"

" l'>,<:",,'1--"<''''~' " - .!<~.t>s:-' f" ~:C,,'C·' '+~'\c.~, . \'~- .. ' ~b'"

\

"~'(">'" ,~""~ ~.o ,~p,..,.,,-~.,' :::..,;::, ".i'e

'l . I.,

""", \"-f~ .~~::.~.:;\ ,'...}.,e......~\C""~.o,..c:,~~~ -,

\

','\cY"""\ r'\, " ~ ," , t """r --"Y.

,:,', '

I :-:

-----'--~'--"-'--'-'---'~-'------------------------~.-,.#!!!

44

/ I STATE OF NORTH CAROLINA NORTH CAROLINA

ENVIRONMENTAL MANAGEMENT COMMISSION

County of Greene FILE NO. DAQ 2010-175

IN THE MATTER OF ASSESSMENT ) REQUEST FOR REMISSION OF CIVIL OF CIVIL PENALTIES AGAINST ) PENALTIES; WAIVER OF RIGHT TO Melvin Edwards ) AN ADMINISTRATIVE HEARING

) AND STIPULAnON OF FACTS )

-. ,__........._-Baving~been-assesse~~chq1~e:na!ties-tet-alilig.:$:7"@S'::fof.Nielat-ionfs.,-.ef;-l!\.. - ....".........~-~-..;;",,;:,..-.,--~~~

2D 01900 Open Burning , as set forth in the assessment document ofthe Director, Division of Air Quality dated December

. '-,.

20, 2010, the undersigned, desiring to seek remission of the civil penalties, does hereby waive

right to an administrative hearing ~n the above-stated matter and does stipulate that the facts are

asalieged 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 Air 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 thirty (30) days from the receipt

of the notice of assessment.

" This the_"_day of , 20_"_0

- ~ - - " " -,-(\~/"

0~---Signature

ijrn©[gD\YlrnrRI i·

ml JUL 1 92011 lV) Telephone J...(_...J)'-- ----'- _

AIR QUALITY STATIONARY SOURCE COMPUANFE

45

~ ... "f'F~

/ ,~

JUSTIFICATION FOR REMISSION REQUEST

j DAQ Case Number: 2010-175 County: Greene I

Violator: Melvin Edwards Facility ID:'

~.', .- .

Amount Assessed: $735 ($500 in penalty 3:nd $235 in investigative costs)

Please use this form when requesting remission of this civil penalty. You must also complete

the "Request For Remission, Waiver ofRight to an Administrative Hearing, and Stipluation of

Facts" form to request remission of this civil penalty. You should attach any documents that d'~,- ---- ...--""",-::r-.....-:;yori~1Jelie~~1;upport~liri7qiliffi~afi(fareii'eIessa~~jjlre~f6ftfc~~;]fcreri~iiiing--';"'-",""" -I

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).

(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 ofthe civil penalty will prevent you from performing the activities necessary to achieve compliance).

EXPLANATION:

46

form Fe 4400-3STATE OF NORTH CAROLINA issue in DuplicateO'\I;$:on of FO!'est Resovces \'Vhit£: copy to Applicant

i OPEN BURNING PERMIT I 81ue c:.)Oy to r,le i NOH·HlGN HAZARD COUNTIES

DATE B~ J.Jto-. Under the provisions of and in accordance with N.C. General Statute 113-8021. 113-60.24', 113-6028,

/ .

is authorized to start. or cause to be started a fire as spedfted below upon land under contro: in

between the l,ours of midnight and ending at 4:00p.m"

- Community ,l.-~.~ (; .¢.:'_::-,:_~ .. County,

Type of burnii,g_~3:.::-_,::-s ~__... Number of acres to be burned_ ,new grm;nd, brush, fie!<l. etc,)

/' 1t your fire bec.c~~.9ange~~ '""oniaet... L;?:.._~~~~_ ..-:..:.:.> ._-~, ......_ or Telephcne JU_

INSTRUCTIONS TO PEFlMlTEE This permrt does N~lT relieve ttlo permittee of:

'\. H"is!Her responsibtTrtYJ"3f Cornp7j,.I~ ",:"".':~L:9.i":~)q;tu~ la~: t~\J.iation~ anc ordinar1ces (SiJch HS tr:e NOr1h CsrCilnfi ~Corrtroj &"'ld Prohibiticn 01 Open Bu;;;ir:g~ R~um[~ as c6dtfi-ed rn ~'5 N~1~ ~·orohibUs.U:'+ft 0?et1 b~rning of some matenalsL

2, kistHer re5p-cm!ilbilit'y for comptying w!tr\ aH cttter State ari.d· Federa! torest tire laws ,suer. as no-trtying adjoining landowners. keeping a comc-eremlA"'a!ch ave! the,fire. etc.}

3, HiS/HCC(espO':1S'1tintv tnr a"ly da.mage.the fire ma\' ctWse:c ether patties Or t'leir property. Good ;~;cQrnen! shOuld be. U$.ooWhen bUrning e;er: though a pe!Tnrt h8s ooer. ob:air\ed.

Note~ The proper time to bu.'n is: (1) fO\1owir:g a rain Vrt;en the wine is ("..alr~: (2) after glas..~es are g~, anc hardWOOd l~ves am mature.

Attention: Meny counties hc!'....e ad&tio~ o:.,..:;ni"lg ara'inarv.:es COlltact :your foctii (;.ounty authorities before bW-n'l!1Gj

., ....:.. ,...-:~~tqrt·wv< ',~" .' ' . , As !X'rmitlee. I certify: ThlJllhe proposl!lcl t'"""" within 500' of Slate protected woodland.

P;;r$i.,;ant 10 G,S. 11 J.-60.29. conviC!)or~ or -..-iolaring the Open Fire Lews of this permit is 8 Class 3 misdemeanor. These psna!ties rT'.ay be irr:posed in addi'tion t·:;) Mty cr.:H or crimlnai penalties SD;;etbileG wnde, G.S. '143··215.11401 Ar1icle 21B.

1unOetstand that should thi5 perrr< ~ can~lieC in aCGoroanc.(! W';it', t~.S, '\ '12-&:1.2.5 Or G.S, 113..60.27 Of ;f w6tteo: ~otice (arde.) is glve!i by My folest ranger pwrwa,..,t m G,S, -;13~602S, : muS1 ta/l:e reasonable steps to e).1inQuish o~ ccn~:o~ tl-"Je f,re 01

!eimburse the Depar..ment for e~'5es :r':cvred tN~1'i'1vrr. Of': my ~cit

SEE SACK OF PERMIT:

...., ..

-47

MISCELLANEOUS

DOCUMENTS

,:. 48

Department of Environment and Natural Resources Division of Air Quality

MEMORANDUM

DATE: September 20, 2010

TO: Betty Gatano / Acting SSCB Supervisor

THROUGH: Amy Vanderkop/Computing Support Technician II

FROM: Robert Fisher - WaRO Regional Supervisor ~ WRITTEN BY: . Robert Bishop, Environmental Specialist 1?JtiI3 oflIZ()/Jo

SUBJECT: Case No. 2010-175 Fast Track Enforcement Case 4512 Ball Park Road, Maury Greene County, North Carolina

Responsible party or Contact name and mailing address:

Mr. Melvin Edwards 34 Katie Court Snow Hill, NC 28580-7519

Type of violation: One violation of 15A NCAC 2D .1900, "Open Burning"

Description: Burning the remains of a structure, including construction materials, lumber scraps, siding, pressboard, rugs, insulation, tin roofing, bottles, cans, and household trash.

Date of Violation: August 4, 2010

Date of NOVINRE: August 20,2010

Investigative Costs: $235.00

Recommendation: Washington Regional Office (WaRO) recommends that Melvin Edwards be assessed as an individual in accordance with Open Burning Category 4.1 OB.

\ \ \

K:\Greene40\OPENBURN\Melvin Edwards\201 00819EdwardsM .ENF.doc

49

ADDENDUM A: Cost of the Enforcement Action

I. Cost of the Investigation:

Investigator Hours Hourly Salary Subtotal

Robert Bishop 3 $21.69 $65.07

Subtotal: $65.07

Mileage Privately Owned

Investigator Robert Bishop

Miles Driven 83

Cost at $0.33 Per Mile

$27.39

Subtotal: $27.39

Investigation Cost Total: $92.46

II. Cost of Preparation of the Enforcement Action:

Prepared by / Reviewed by Hours Hourly Salary Subtotal Robert Bishop 2 $21.69 . $43.38

Enforcement Action Preparation Cost Total: $43.38

III. Total Cost of the Enforcement Action:

Investigative Cost Total: $92.46

Enforcement Action Preparation Cost Total: $43.38

Administrative Fee: $100.00

Final Total Cost of this Action: $235.84 Rounded down: $235.00

50

Mi,tigating or Aggravating Factors:

Aggravating Factors:

1. During the investigation on August 4, 2010, Mr. Robert Bishop obtained a Forest Service Bum Permit signed by Melvin Edwards on August 3, 2010, and made out to bum "Brush" on the permit.

Mitigating Factors:

1. During the investigation, Melvin Edwards voluntarily acknowledged wrongdoing in connection with the violation to Mr. Bishop, and that he would take full responsibility for starting the fire.

2. Melvin Edwards has no record of illegal open burning in I-Beam.

51

Complaint Investigation Report

NC Dept. of F~nvironment & Natural Resources Division of Air Quality

County: ('leene Region: WARO , SUSI>cct: Mr. Melvin Edwards Facilit)! ID#' Record # 10616

Vvv"f qiJvMt ~'"' '-t--~fl U~

--~-"""._-_.~,-------L...-_"""-~'--¥.-'_ .."----""'--T---::;;-'_.~" -"..~. Regional Inn'stig,1Ior: Bishop, RobcI1 Regional Co-investigator: Non-DA() Invl.:'sligator: Randy Skinner Fire Mal',

Dale Cornplaint Received: 08/04/20 10 Recel\\:.'(J By: Daniels. Steven Dale assigned: 08/04/20 I0

Investigation date: 08/04/20 I () 1-'0110\\ -up date:

Report submit date:

Complainl type: 013 • Construction Complaint description: Burning construction materials

Situati<'I'! Dangerous: No, Occurring Now: Yes

~usp~~t: ~1r. :~~~lvil: r:~W'<llds! " , ~ I/! ,~~ t i~ r /Suspl:d (ontdd, Mchm L,dvh11ds 9.0 p",,7 b Physical Location: Mat"r,vj -;7 ~~".J, < ~'~'C:YJ<'rWtII1t1<{. ~ {)r1 It, C»'J ~'( )'Y (TN fIlL) )1 r f ,ptJ /'~ Mailing Addn::~: 34 Katie Court City/State/Zip: Snow Hilt, NC 'l'cle1'hone: Alternate relephone: (252) 364-0366 <........a

-l. td' i+' (J !(" IJtttl7 {flj q (' , /VOl',

C::{

i?Wit ?v,/tel ., ''7

<

"htd Mr. ;;;;L.r(J~( 1/" t~ It vW ,;>. 6 <fiX! -r/f 015 If!.;/P4

Complainant: Randy Skinner Complainant Address: 201 rvtar1in Luther King.!r. Parkway City/State/Zip: Snow IIi II NC 28580 'relephone (II): (252) 714-0626 Telephone (W): (252) 747-2544 Call Back Required? No Response Requested

Re(I.~ITal to DAQ: Fire DepUMarshal

Violation documented: DFR Permit: Yes

Signatm'c: Report nate:

Complaint: Mr. Steven Daniels received a call from Mr. Randy Skinner, Green County Fire Marshal thatMr. Mct~in I:dwards was bum in,g thel:e~~ai~~ of an (,)I"d store, 'fhe owner of theJ)I,'OPCr~y is Ms. Margie.J "m~ j 15: 452_1 Maury Ballpark Road. and NC L8S)4 Jf{C~l Mv, (fl<t ["VJ £dwtw<!.l J.uNsFor'. '

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At 10:30 fUlL on August 4, 20 I0, I, Robert Bishop, Environmental Specialist. Division of Air Qualily(DAQ}, , Wf~shington Regional Office (WaRO) received this open burning complaint li'mn Mr. Steve Daniels, ~.).I /

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58

Gatano. Betty . !

From: Whitehurst, Rudy Sent: Friday, December 10, 2010 9:38 AM To: Gatano, Betty Cc: Bright, Robert; Bishop, Bob SUbject: RE: Melvin Edwards (2010-175)·

Betty,

I met with Bob Bishop and Robert Bright this morning and here's our take on it:

Bob met with Mr. Edwards, Mr. Speight, and Ms. Lunsford during the investigation. Mr. Speight did not clarify his role in this incident and provided incorrect contact information to Bob. Bob has been unable to locate Mr. Speight since then, thus the NOV/f\IRE for Mr. Edwards, since he obtained and signed the permit, and did take responsibility during the investigation. A search of records by me for Paul Speight as a business or registered agent did not indicate any "formal" business. A search for an address or correct number by me did not give any results as well. According to Bob, Ms. Lunsford did not authorize the burn, or have any knowledgethatthe building Vilas to be burned, and was issued a NOV for this incident,since she is the property owner. The Greene County Fire Marshall has been unable to contact Mr. Speight as well. The contact number given for Mr. Speight is for an auto body shop or repair shop answering machine With a female voice recording and Clil calis from Bob and myself have gone unreturned up to today. The Fire Marshall, Bob, and I are all attempting to contact or find a way to contact Mr. Speight one more time now, and I'll get something to you today, no later than Monday A.M. I hope this helps. Call me if you need to ....cell is 252-325"0146, and that's likely the best way to get me today.

Rudy

Rudy Whitehurst, Environmental Specialist

NC DtNR, Division of Air Quality Washington Regional Office 943 Washington Sq. Mall, Washington,NC 27889 Phone: 252-948-31330 Fax: 252-975-37.16 www.ncair.org Please note my e-mail address has changed to [email protected]

******************************************.*********************************** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ******************************************************************************

From: Gatano, Betty Sent: Thursday, December 09, 20'10 4:49 PI"! To: Whitehurst, Rudy Cc: Bright, Robert Subject: RE: Melvin Edwards (2010-175)

Thanks you guys.

Betty Gatano, P.E., Environmental Engineer 1\ NC DENR, Division of Air Quality technical Services Section, Stationary Source Compliance Branch

'. 1

59

· ;~

Gatano, Be!tY

From: Whitehurst, Rudy Sent: Friday, December 10, 2010 11:20 AM To: Gatano, Betty Cc: Bright, Robert; Bishop, Bob Subject: FW: Melvin Edwards (2010-175)

B~tty ...

Follow up to earlier e-mail:

Contact has been made with Mr. Speight. Bob and I both had a conv~rsation with him by phone this morning 12/10/10, that went as follows: Mr. Speight stated by phone that he and Mr. Edwards were not paid to remove the building, and neither was working for the other. They were both just working together to clean up the area. They were volunteering to "clean up the community", and Ms. Lunsford did not pay them or have any knowledge that burning was planned. Approximately 2·3 weeks prior to the violation, while they wer~ tearing down the building and hauling away portions of it, he and Mr. Edwards brie-fly discussed what could be done with what was left. Mr. Sp~ight stated that maybe they could g~t a permit to burn it. No permit was obtained at that time, and no burning was conducted. On the date of the violation, Mr. Speight was not pr~sent when the permit was obtained, or when the burning was initiated. He arrived prior to Bob Bishop's arrival and the burning was basically completed. Mr. Edwards had obtained the permit, and conducted the burn on his own. Mr. Speight stated that he did hOt know the burning was even going to take place.

Based on these comments, I think w~'reon the right track with this ....NOV to Ms. Lunsford, and NOV/NRE to Mr. Edwards.

Rudy Whitehurst, Environmental Specialist NC DENR, Division of Air Quality Washington Regional Offic~

943 Washington Sq. Mall, Washington, NC 27889 Phone: 252·948-3830 Fax: 252-975-3716 www.ncair.org Please note my e-mail address has changed to [email protected]

****************************************************************************** E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. .~-

******************************************************************************

.~~---~----~........._-~-_..~

From: Whitehurst, Rudy Sent: Friday, December 10, 2010 9:38 AM To:Ga~no,Betty . Cc: Bright, Robert; Bishop, Bob Subject: RE: Melvin Edwards (2010-175)

Betty,

I met with Bob Bishop and Robert Bright this morning and here's our take on it:

60

Enforcement New Case Data Sheet DAQ 2010-175

Case Sent to RCO: 0912012010 Case Received RCO: 09/23/2010

Return Receipt:

Violator: Melvin Edwards

./ Contact: Mr. Melvin Edwards 34 Katie Court Snow Hill, NC 28580

CPA Date:

Violation(s) '2/2.P/~/u

Occur Number Assessed

Violation Begin Date NOV Date

Penalty Code

Penalty Amount

Overage Amount

Overage Code

2D .1900 Open Burning 1 ~t 08/04/2010 08/20/2010 2.z.0 'O Sz; D

Region:

County:

CountyPrem:

Entity Type:

Permit Class:

Track Type: Enforcement Officer:

WARO

Total Assessed: SO V

Investigation Costs: Ol '3 )" Total Amount Due: 73S

Greene , .!

\ .

Non-Plant - Individual

Fa~J1 J __ A . )

~prf/V

61

NA NCDENR



September 30, 2011 \~C1 a~ 20" ~.

Mr. Melvin Edwards PO Box 39 Maury, NC 28554

SUBJECT: DeJiv(~ry of Request for Remission ofa Civil Penalty Assessment for Violation(s) .,- .. _..- '~-'-~-""'~---20-:-r9~OOOpen 'Burli'ii1g-'-~' - - - c.. ·c·_.. =-=--..,0 _._-=~.~- .,~_ ..........

FileNo.: Violator: County:

DAQ2010-175 Melvin Edwards Greene

Dear Mr. Edwards:

Please be advised that our attempts to have this document delivered via celiified mail have failed therefore in an effOli to ensure delivery of this to you we have sought help from other resources.

Please understand that you have 30 days from delivery (~r this document to respond in order to avoid further legal action.

, \

If you have questions you may contact me at (919) 715-2445, and Tthank you in advance for your prom pt attention to this matter.

. to,

Sinc"'"t~ 91

--_.~~-- - -.{JAmy Vanderkop Enforcement Techn ician


Technical Services Section 1641 Mail Service Center, Raleigh, North Carolina 27699·1641 One 2728 Capital Blvd., Raleigh, North Carolina 27604 .N()rthCarol ina Phone: (919) 733-1728 \ FAX: (919) 733-1812 \ Internet: www.ncair.org/ v?\}ntttrtl/!!1An Equal Opportunity \ Affirmative Action Employer 62

A7A NCDENR



September 30,2011

Greene County Sheriffs Dept. 301 N. Greene St. Snow Hill, NC 28580

Enclosed, please find a Return' of Service for a Re'quest 'for Rem ission of aCivil 'Penalty Assessment against

Mr. Melvin 1. Edwards 34 Katie Ct. (252) 364-0366 Snow Hill, NC 28580

, To avoid any further delays in the process of this document the Division of Air Quality would like to

have the enclosed documents served by your department. The county tax offices have been called to verify the addresses.

**It is most important to return the form filled out in detail as to how the documents were served.**

Attached please find a check in the amoLint of$30.00 for your service. We thank you in advance for your service and attention to this matter. If you have any questions please do not hesitate to call me at (919) 715-2445.

Sincerely,

Amy Vanderkop EnforcemcntTcchn ician

:

cc: Enforcement File (DAQ 20 10-175)

Technical Services Section 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 One2728 Capital Blvd., Raleigh, North Carolina 27604 Nc)rthCarolinaPhone: (919) 733-1728 \ FAX: (919) 733-1812 \ Internet: www.ncair.org/ ;'7Illtlttllill An Equal Opportunity \ Affirmative Action Employer 63

1

A"VA NCDENR



September 30, 2011

Mr. Melvin Edwards PO Box 39 Maury, NC 28554

SUBJECT: Delivery of Request for Remission ofa Civil Penalty Assessment for Violation(s) 2D .1900 Open Burning


Dear Mr. Edwards:

Please be advised that our attempts to have this document delivered via cettified mail have failed therefore in an effOlt to ensure delivery of this to you we have sought help from other resources.

Please understand that you have 30 daysfrom delivery o.fthis document to respond in order to avoid further legal actioll.

Ifyou have questions you may contact me at (9] 9) 715-2445, and J thank you in advance for your prompt attention to this matter.

Sincerely,



Technical Services Section 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 One 2728 Capital Blvd, Raleigh, North Carolina 27604 NbrthC.arolina Phone: (919) 733-1728 \ FAX: (919) 733-1812 \ Internet www.ncair.org/ viltl/tlftlflllAn Equal Opportunity \ Afrrrmative Action Emp;oyer 64

Vanderkop, Amy

From: Phillips, Brian Sent: Friday, September 30,2011 10:39 AM To: Vanderkop, Amy Subject: RE: Assistance Locating Violator - Edwards

Amy,

There was no Melvin J. Edwards listed in Snow Hill with a registered vehicle.

Brian

Brian C. Phillips, £.1. T., C.P.M Mobile Sources Compliance Supervisor NC DEI\JR, Division of Air Quality Technical Services Section Mobile Sources Compliance Branch 1641 Mail Service Center Raleigh, NC 27699-1641 www.ncair.org [email protected] Phone: 919-733-1480 (through October 21, 2011) Fax: 919-733-1812 (through October 21, 2011) Phone/Fax: 919-707-8426 (beginning October 24, 2011) ***Please note: Effective October 24, 2011, DAQ's Central Office will relocate to the new Green Square Office Complex at 217 West Jones Street, Raleigh, NC. Our offices will be closed to the general public on our moving day, Friday, October 21, 2011. My new phone and fax number will be (919) 707-8426. *** ************************************************************************ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to thi"d parties unless the content is exempt by statute or other regulation. ************************************************************************

--- -~.- ~.- --From: Vanderkop, Amy Sent: Friday, September 30, 2011 10:26 AM To: Phillips, Brian Subject: Assistance Locating Violator - Edwards

Melvin J. Edwards 34 Katie Ct. Snow Hill, NC

I believe he's out of prison and at this address. Can you please double-check? I also had him at PO Box 39 in Maury, NC. I need a physical address so I can send the Sheriff.

Thanks, Amy

Amy Vanderkop, Enforcement Technician NC DENR, Division of Air Quality

1

65

B_~_' NCDENR

North Carolina Departhlent of Environment and Natural Resources,

Beverly Eaves Perdue Governor

\ Division of Air Quality Sheila C. Holman

Director Dee Freeman

Secretary

June 23, 2011

Greene County Sheriff's Dept. 301 N. Greene St. Snow Hill, NC 28580

Enclosed, please find a Return of Service for a Civil Penalty Assessment against

Mr. Melvin Edwards 34 Katie Court (252) 364-0366 Snow Hill, NC 28580

To avoid any further delays in the process of this document the Division of Air Quality would like to have the enclosed documents served by your department. The county tax offices have been called to verify the addresses.

**It is most important to return the form filled out in detail as to how the documents were served.**

Attached please find a check in the amount of$15.00 for your service. We thank you in advance for your service and attention to this matter. If you have any questions please do not hesitate to call me at (919) 715-2445.

Sincerely,



Technical Services Section 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 NOnehC oJ'2728 Capital Blvd., Raleigh, North Carolina 27604 I ortl, arOJna Phone: (919) 733-1728 \ FAX: (919) 733-1812 \ Internet: www.ncair.org/ IVatura/l!!An Equal Opportunity \ Affirmative Action Employer 66

_______________

RETURN OF SERVICE

I certify that this NOTICE OF SERVICE was received on the __ day of , 2011 and together with the document(s) was served as follows:

On the __ day of , 2011 at the following location,

Address Delivered To:

__________ document(s) were served on the following person,


By: delivering a copy to the above named individual personally

leaving a copy at the dwelling house or usual place of abode of the above named individual with a person of suitable age and discretion residing therein.


leaving a copy at the place of business of the above named individual, where said individual is the owner or operator of a business or corporation, at the following address.

, Sheriff

_______________, Deputy

If not served on the above named individual, state reason:

,I"~.

The Civil Penalty Assessment (CPA) letter for DAQ 20 I0-175, was sent to the Sheriffs office with a check for $15.00 to cover the delivery ofthe letter.

Return To: DENR/Division of Air Quality Enforcement Group-ROS 1641 Mail Service Center Raleigh, North Carolina 27699..:1641

67

ATA NCDENR



June 23, 2011


SUBJECT: Delivery of Civil Penalty Assessment for Violation(s) 20 .1900 Open Burning


Dear Mr. Edwards:

Please be advised that our attempts to have this document delivered via certified mail have failed therefore in an effort to ensure delivery of this to you we have sought help from other resources.

Please understand that you have 30 days from delivery ofthis document to respond in order to avoid further legal action.

If you have questions you may contact me at (919) 715-2445, and I thank you in advance for your prompt attention to this matter.

Sincerely,


cc: Enforcement File (DAQ 20 10-175)

Technical Services Section 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 One. . . 2728 Capital Blvd" Raleigh, North Carolina 27604 NOlthCarohna Phone: (919) 733-1728 \ FAX: (919) 733-1812 \ Internet: www,ncair.org/

An Equal Opportunity \ Affirmative Action Employer ~/V'lt"ral!!I

-68

JUNE 8, 2011 TEL. : (919) 715-2445 FAX: (919) 733-1812

FOR YOUR CONVENIENCE, YOU M4 Y FAX THIS

INFORM4 TION, RA THER THAN M4ILING IT BACK TO THIS

OFFICE, A T THE FAX NUMBER ABOVE

TO: POSTMASTER AGENCY CONTROL NO. 2010-175 SNOW HILL, NC 28580

ADDRESS INFORMA TION REQUEST

PLEASE FURNISH THIS AGENCY WITH THE NEW ADDRESS, IF AVAILABLE, FOR THE FOLLOWING INDIVIDUAL OR VERIFY WHETHER OR NOT THE ADDRESS GIVEN BELOW IS ONE AT WHICH MAIL FOR THIS INDIVIDUAL IS CURRENTLY BEING DELIVERED. IF THE FOLLOWING ADDRESS ISA POST OFFICE BOX, PLEASE FURNISH THE STREET ADDRESS AS RECORDED ON THE BOXHOLDER'S APPLICATION FORM •

. ~ -=. NAME:-.~. - -MELVIN-EDWARDS- -:..--------~-LAST KNOWN 34 KATIE CT. ADDRESS: SNOW HILL, NC 28580

I CERTIFY THAT THE ADDRESS INFORMATION FOR THIS INDIVIDUAL IS REQUIRED FOR THE PERFORMANCE OF THIS AGENCY'S OFFICIAL DUTIES.

AMyvE~p~~ ENFORCEMENT TECHNICIAN NC DEPT. OF ENVIRONMENT & NATURAL' RESOURCES (919) 715-2445

[J; FOR POST OFFICE USE ONL Y

MAIL IS DELIVERED TO ADDRESS GIVEN ABOVE

[ 1 NOT KNOWN AT ADDRESS GIVEN

[ 1 MOVED, LEFT NO FORWARDING ADDRESS

[ 1 No SUCH ADDRESS

[ 1 OTHER (SPECIFY)

L- .. _ ".'"- .,' -"'e~ _.,;.... .... "'''''.__- _~ '.--,_ ..... ' __~~ -_-

NEW ADDRESS / BOXHOLDER'S STREET ADDRESS:

AGENCY RETURN ADDRESS:

NC DEPT OF ENVIRONMENT & NATURAL RESOURCES. DIVISION OF AIR QUALITY ENFORCEMENT - AMY VANDERKOP 1641 MAIL SERVICE CENTER RALEIGH, NC 27699-1641

69

Vanderkop. Amy·

From: Phillips, Brian Sent: Friday, January 14, 2011 3:47 PM To: Vanderkop, Amy Subject: RE: Please Verify Address - Edwards

Amy,

I couldn't find a Melvin Edwards in Snow Hill with any vehicles registered. ?( Brian

Please note my new e-mail [email protected]

Brian C. Phillips, E./. T., C.P.M Environmental Program Manager I\JC DENR, Division of Air Quality Technical Services Section Mobile Sources Compliance Branch bria [email protected] 1641 Mail Service Center Raleigh, NC 27699-1641 Phone (919) 733-1480 Fax (919) 733-1812

www.ncair.org

From: Vanderkop, Amy Sent: Friday, January 14, 2011 2:53 PIVl To: Phillips, Brian Subject: Please Verify Address - Edwards

Melvin Edwards (middle name might be Bruce or Melvin R. Edwards)'? 34 Katie Ct.

Snow Hill, NC 28580

Thanks, Amy

70

,~.. "

Civil Penalty Assessment Briefing Sheet - Fast Track Cases

Case#: 2010-175 Viohttor: Melvin .Edwards RO Contact: Robert Bishop

Description of Violator

type ofFirm:Gdivid;D· Company Contractor Other

Process/Products: Mr. Edwards is the match lighter.

Description of Violation

Discovery Date: 08/04/10 Discovered by: Inspection ~Plain~ Other: ---''-- ___

Nature ofviolation: On 08/04110, WaRO received a complaint of that Mr. Melvin Edwards was open burning the remains of an old store. The property owner was Ms. Margie Lunsford. At the site, WARO met with Ms. Lunsford, Mr. Edwards, and Mr. Paul Speight. Mr. Edwards indicatedthat.he.worked for Mr. Speight. He stated that Mr. Speight told him to obtain a burn permit and start the fire. Mr. Edwards accepted full responsibility for the -fire.

. . .. ''',

While onsite Robert Bishop observed two burn piles ofc'bristrudioh typ~ debris.. Qti.e piIe mea'sured 29x27x2 and the other 34x21x2. The piles were still actively burnimE i, .j

Ms. Lundsford was issueda NOV and.Mr. Edwards waS issued a NOVINRE.

WARO followed up with Mr. Speight. He indicated thatMr. Edwards was NOTworking for him. They were. both cleaning up the area independently. They weren't paid by Ms. Lundsf6rd, and she had no knowledge that the material would be burned. About three weeks prior to the burn, Mr. Speight and Mr. Edwards discussed what could be done with the remains and.they mentioned. burning;. Mr. Speightdidnottell Mr. Edwards. to burn, he did not obtain a bumpermitJand wasn6t onsite when the burhingwas.initiated.

Compliance History (PrIor Violations .

Violation type, date, & atnount assessed: __----'-'N-'-'O=N'-'=E

Assessment Factors

Degree/Extent ofHarm: ~ ~ _'____'_ • Willfulness or negligence,--:~. ----'_.........,..- _ • Effectiveness ofcorrective action: -'-'--' _

Company Respon'se

TheNOVINRE was received on 08/24/10, but no response to 'the NOVINRE was received ..~--. .

Recommended Penalty - Amount .arid Rationale Econotnic Benefit to the violator (not applicable ifleft blank):__......N'""'.o'-"-t-"'a~p~p"_'.lic"'_'a"_"b'_'_le"'____

Recommendation:

71