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Home My WebLink AboutWQCS00131_NOVNOI2022DV0176_20220623 Certified Mail # 7021 2720 0000 1259 2732 Return Receipt Requested June 23, 2022 Hank Perkins Town of Lake Lure 2948 Memorial Hwy Lake Lure, NC 28746 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0176 Sanitary Sewer Overflows - June 2022 Collection System Permit No. WQCS00131 Lake Lure Collection System Rutherford County Dear Permittee: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by Town of Lake Lure. The Division’s Asheville Regional Office concludes that the Town of Lake Lure violated Permit Condition I (2) of Permit No. WQCS00131 by failing to effectively manage, maintain, and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. The Asheville Regional Office is providing the Town of Lake Lure an opportunity to provide evidence and justification as to why the Town of Lake Lure should not be assessed a civil penalty for the violation(s) that are summarized below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action _________________________________________________________________________________________________________________________________________________________________________ 202200856 6/5/2022 41 2-226 Buffalo Shoals Rd, Other, Power Outage 926 926 Notice of Violation Lake Lure, North Carolina, 28746 _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: BAC4B40A-63F8-47E8-915B-7D61809395DD This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator’s history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Section in the Asheville Regional Office at 828-296-4500 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 Dean Lindsay, ORC DocuSign Envelope ID: BAC4B40A-63F8-47E8-915B-7D61809395DD nJ m Domestic Mail Only tti n.t Er u1 Certified Mail Fee rurq $ Extra Services & Fees (check box, add fee as appropriate) Ezi ❑ Return Receipt (hardcopy) $ C ❑ Return Receipt (electronic) $ O ❑ CertNied Mall Restricted Delivery $ )3 []Adult Signature Required $ ❑Adult Signature Restricted Delivery $ Im Postage rU r- $ fl_I Total Postage and Fees � $ Hank Perkins nj se) Town of Lake Lure _______ 2948 Memorial Hwy uw Lake Lure, NC 28746 - -- ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Hank Perkins Town of Lake Lure 2948 Memorial Hwy Lake Lure, NC 28746 IN Postmark Here A. Signature � Agent X 0A, _❑ Addressee B. Received b (Print Na e) C. Da of Del' ery > h 1�jKVuis. D. Is delivery address different from item 1? ❑ Ye: If YES, enter delivery address below: ❑ No vice Type 0 Priority l II IIIIII IIII III I III I II III I I II III II II II' III'll3. ❑ Atilt Signature ElRegist Registered MaillTTMess� dult Signature Restricted Delivery ❑ Registered Mail Restricte, 9590 9402 7043 1225 9596 32 Certified Mail® Certified Mail Restricted Delivery Delivery ❑Signature ConfirmationTM O Collect on Delivery ❑ Signature Confirmation 2. Article Number (Transfer from service label) O Collect on Delivery Restricted Delivery Restricted Delivery O Insured Mail 7021 2720 0 0 0 0 1259 2732 insured Mail Restricted Delivery NOV-2022-DV-0176 (MW) PS Form 3811, July 2020 PSN 7530-02-000-9053 WQCS00131 RUTHE estic Return Receipt