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HomeMy WebLinkAboutNCS000535_NOV-2023-PC-0444_20230825 STATE c, ti ROY COOPER b ` Governor ELIZABETH S.BISER Secretary DOUGLAS R.ANSEL NORTH CAROLINA interim Director Environmental Quality August 25, 2023 CERTIFIED MAIL 7019 1120 0002 0066 3439 RETURN RECEIPT REQUESTED Robert Barr, Manager Wilson Real Estate & Assets, LLC 333 N Wilmot Rd Ste 340 Tucson, AZ 85711 Subject: Notice of Violation NOV-2023-PC-0444 Failure to Submit Additional Information Good Steward Biofuels NPDES permit NCS000535 Wilson 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 December 2, 2022, the Division sent an additional information request for the submitted permit renewal application for stormwater permit NCS000535. The Division followed up on this request via phone calls and emails on February 1, 2023; March 3; 2023; April 5, 2023; May 18, 2023; June 7, 2023; and July 7, 2023. Our records indicate that as of the date of this letter, the additional information requested has not been received. 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 condition 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. Based upon the above facts, I conclude as a matter of law that Wilson Real Estate & Assets, LLC violated or failed to act in accordance with the requirements of NPDES Permit NCS000535 and G.S. 143-215.1(b). A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or D E QNorth Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources 512 North Salisbury street 1 1612 Mali Service Center I Raleigh.North Carolina 27699-1612 �E��mu 1-� 919.707,9200 Page 2 of 2 reports required by G.S. 143-215.1(b). The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143-282.1(b)(8). In order to reduce the risk of receiving additional enforcement action,you must submit the requested information within ten (10) days of receipt of this notice. Please ensure that the requested information is sent to the Division. A review of your response will be considered and you will be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty may be assessed. If you have any questions about this letter, please contact Brianna Young at 919-707-3647 or via e-mail at brianna.young@deq.nc.gov. Sincerely; Michael Lawyer, Stormwater Program Supervisor Division of Energy, Mineral, and Land Resources cc: NPDES Stormwater Program Files (Laserfiche) Raleigh Regional Office Toby Vinson, Chief of Program Operations, DEQ DEMLR