WQCS00142_NOV-2016-DV-0137_20160324

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CERTIFIED MAIL: 7015-0640-0005-8164-1466
RETURN RECEIPT REQUESTED
March 24, 2016
Town of Blowing Rock
Attn: Scott Fogleman, Town Manager
1036 Main Street
Blowing Rock, NC 28605
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2016-DV-0137
Sanitary Sewer Overflows - February 2016
Collection System Permit No. WQCS00142
Blowing Rock Collection System
Watauga County
DearPermittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town.of Blowing Rock. The Division's Winston-Salem Regional Office concludes that the Town of Blowing Rock
violated Permit Condition I (2) of Permit No. WQCS00142 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 Winston-Salem Regional Office is providing the Town of Blowing Rock an opportunity to provide evidence and
justification as to why the Town of Blowing Rock 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
(Mina)
Location
Cause
(Gals)
(Gals) DWR Action
201600209
2/3/2016
180
100 ft south of Sunset
Inflow and
6,000
6,000 Intend to Enforce
Drive and Ransom Street
Infiltration, Severe
Natural Condition
201600210
2/3/2016
120
Manhole above the
Inflow and
6,000
6,000 Intend to Enforce
Mayview Lift Station
Infiltration, Severe
Natural Condition
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
336-776-9800

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 Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at ron.boone(ancdenr.gov.
Sincerely,
Sherri V. Knight, P.E., Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
CC: Winston-Salem Regional Office - WQS File
Central Files, Water Quality Section
DWR PERCS Unit
Town of Blowing Rock
Attn: Marshall J. Townsend, Operator in Responsible Charge
1036 Main Street
Blowing Rock, NC 28605