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HomeMy WebLinkAboutWQ0038341_NOV-2019-PC-0781_20200106ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality January 6, 2020 CERTIFIED MAIL #: 7017 2620 0000 6789 4636 RETURN RECEIPT REQUESTED Mr. Eric Wood, Manager Creekstone Development LLC PO Box 3695 Mooresville, NC 28117 Subject: Dear Mr. Wood: Notice of Violation/Notice of Recommendation for Enforcement NOV-2019-PC-0781 Violation of G.S. 143-215.1(a) Unpermitted Discharge of Wastewater Creekstone Subdivision WWTF Non Discharge Permit WQ0038341 Iredell County Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of the Department of Environmental Quality to protect and preserve the water resources of the State. The Division of Water Resources (DWR) has the delegated authority to enforce adopted water pollution control rules and regulations. On December 6, 2019, a sewage spill was reported to the Division's Mooresville Regional Office (MRO). On December 11, 2019, the MRO received information from AQWA that it estimated that 500 gallons of partially treated wastewater was discharged into to an unnamed tributary (UT) to Coddle Creek as the result of a collection line pipe rupture at the Creekstone Subdivision in Iredell County. This discharge is a violation of NCGS 143-215.1(a), in that the partially treated wastewater bypassed the permitted treatment and disposal system. The discharge is also a violation of Permit Condition II Performance Standards, item 1., which states: "The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters...". Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources, who may issue a civil penalty D Q � North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NOAn-icJwauNn i nwm,em of eem­woviRv 704,663.1699 assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. This correspondence is also to advise you that this Office is considering the initiation of an enforcement action for the unpermitted discharge of partially treated wastewater into the UT to Coddle Creek. It is requested that you respond in writing within ten (10) working days of receipt of this Notice. The response should include all remedial actions including the specific activities to prevent the recurrence of this violation. Should you have any questions concerning this Notice, please do not hesitate to contact me at (704) 235-2194, or via email at corey.basinger()ncdenr.gov. Sincerely, Docu Signed by: A4141W H P4f . for F161 FB69A2D84A3... W. Corey Basinger Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Steve Barry, AQWA (via email) Tim Bannister, TWC Management Inc. (via email) Brady Freeman, Iredell County Environmental Health WQS Mooresville Regional Office (Laserfiche) Non -Discharge Compliance/Enforcement Unit — (Laserfiche)