WQCS00149_NOV-2022-DV-0182 NOI_20220712

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CERTIFIED MAIL° RECEIPT
Domestic Mai! Only
For delivery information, visit our website at www.usps.como.
OFFICIAL
Certified Mall Fee
$
-7.33
Extra Services & Fees (check box, add fee as approprfate)
❑ Retum Receipt (hardcopy) $
❑ Retum Receipt (electronic) $
['Certified Mall Restricted Delivery $
❑Adult Signature Required $
['Adult Signature Restricted Delivery $
LINCOLN COUNTY
115 W. MAIN STREET
LINCOLNTON NC 28092
ATTN: OLAN CHRIS HENDERSON
dwr/mm 7/12/22

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A receipt (this portion of the Certified Mall label).
A unique identifier for your maiipiece.
Electronic verification of delivery or attempted
delivery.
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signature) that is retained by the Postal Service -
for a specified period.
mportant Reminders:
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For an additional fee, and with a proper
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of delivery (including the recipient's signature).
You can request a hardcopy return receipt or an
electronic version. For a hardcopy return receipt,
complete PS Form 3811, Domestic Retum
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for an electronic return receipt, see a retell
associate for assistance.To receive a duplicate
retum receipt for no additional fee, present this
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delivery to the addressee specified by name, or
to the addressee's authorized agent.
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signee to be at least 21 years of age (not
available at retail).
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requires the signee to be at least 21 years of age
and provides delivery to the addressee specified
by name, or to the addressee's authorized agent
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Certified Mall receipt, detach The barcoded portion
of this label, affix it to the mailplece, apply
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IMPORTANT. Save this receipt for your records.
R Pnnn RROO. Anr11201S /Rnvnrcnl PSN 7555-02-000-9047

E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary.
RICHARD E. ROGERS. JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7018 3090 0001 2322 8499
Return Receipt Requested
July 12, 2022
Olan Chris Henderson, Division Manager Public Utilities
Lincoln County
115 W Main St
Lincolnton, NC 28092
SUBJECT: NOTICE OF VIOLATION & INTENT. TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0182
Sanitary Sewer Overflows - June 2022
Collection System Permit No. WQCS00149
E Lincoln County Collection System
Lincoln County
. Dear Mr. Henderson:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Lincoln County. The Division's Mooresville Regional Office concludes that the Lincoln County violated Permit
Condition I (2) of Permit No. WQCS00149 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 Mooresville Regional Office is providing the Lincoln County an opportunity to provide evidence and justification
as to why the Lincoln County 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.
202201010 6/30/2022 419 NC Highways 16 & 73 Debris in line
10,000 6,000 Notice of Violation
Intent To Enforce
D .lorth CaroIsna Departmentu(Envlrenmental Quality: Drctswtt of{Wter Resources
Elrarnv1l 4egfanal Olflce nlaCaaCenrM lsenut. Su to latl \toorrcnlh.Vorth Carahna'_dll5
1046611b0,4

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 Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail] or
corey.basinaerna ncdenr.gov.
Sincerely,
DocuSigned by:
--A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
North Carolina Department of Environmental QuaG0 1 Da non of Water Resources
Alooresvdk Regional OfficealO Cast Center Avenue.5uae 301 I Aloernvdle Vorth Caron. 28115
bar 663.Ib'Mt

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