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Home My WebLink AboutWQ0029233_NOV-2020-LV-0922 NOI_20210106 Certified Mail #7020 1290 0001 1766 9320 Return Receipt Requested January 6, 2021 Zach Bush BOTO NC Properties, LLC 8300 Douglas Ave. Ste. 900 Dallas, TX 75225 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0922 Permit No. WQ0029233 Bear Lake Reserve WWTP Jackson County Dear Permittee: A review of the October 2020 Non-Discharge Monitoring Report (NDMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation _________________________________________________________________________________________________________________________________________________________________________ 001 Coliform, Fecal MF, MFC Broth, 10/22/2020 25 109 Daily Maximum Exceeded 44.5 C (31616) _________________________________________________________________________________________________________________________________________________________________________ 001 Coliform, Fecal MF, MFC Broth, 10/31/2020 14 29.53 Monthly Geometric Mean Exceeded 44.5 C (31616) _________________________________________________________________________________________________________________________________________________________________________ A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143--discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Mikal Willmer of the Asheville Regional Office at 828-296-4686 or via email at mikal.willmer@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: LF Zach Bush-BOTO NC Properties Bob Barr-RPB Systems From:Willmer, Mikal To:Zach.Bush@ozk.com Cc:Robert Barr Subject:NOV-2020-LV-0922 October NDMR Date:Thursday, January 7, 2021 12:54:00 PM Attachments:WQ0029233_NOVNOI2020LV0922_20210106.docx.pdf image003.png Good Afternoon, Attached is an electronic copy of a notice of violation for Bear Lake’s (WQ0029233) October NDMR. A hardy copy is in also in the mail. Please feel free to contact me with any questions. Regards, Mikal Willmer Environmental Specialist II – Asheville Regional Office Water Quality Regional Operations Section NCDEQ – Division of Water Resources 828 296 4686 office 828 989 7675 mobile mikal.willmer@ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 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. USPS Tracking' FAQs > Track Another Package + Tracking Number: 70201290000117669320 Remove X Your item was delivered to an individual at the address at 4:21 pm on January 14, 2021 in DALLAS, TX 75225. C✓ Delivered January 14, 2021 at 4:21 pm Delivered, Left with Individual DALLAS, TX 75225 Get Updates u Text & Email Updates Tracking History January 14, 2021, 4:21 pm Delivered, Left with Individual DALLAS, TX 75225 Your item was delivered to an individual at the address at 4:21 pm on January 14, 2021 in DALLAS, TX 75225. 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