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HomeMy WebLinkAboutNC0090123_Notice of Violation_20240222ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 3283 0489 Return Receipt Requested Jason Anderson, VP Morehead Tryon Land LP 150 N Riverside Plz Ste 1800 Chicago, IL 60606 NORTH CAROLINA Environmental Quality February 23, 2024 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Numbers: NOV-2024-LV-0154, NOV-2024-LV-0158, NOV-2024-LV-0153, and NOV-2024-LV-0151 Permit No. NCO090123 Queensbridge Collective Mecklenburg County Dear Mr. Anderson: A review of the July 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation NOV# 001 Effluent Lead, Total as Pb 01051 7/31/2023 0.54 1.725 Monthly Average Exceeded — LV-0154 001 Effluent Lead, Total (as Pb) (01051) 8/31/2023 0.54 6.710 Monthly Average Exceeded — LV-0158 001 Effluent Lead, Total (as Pb) (01051) 8/31/2023 13.88 29.400 Daily maximum Exceeded — LV-0158 001 Effluent Lead Total (as Pb) (01051) 9/30/2023 0.54 1.513 Monthly Average Exceeded — LV-0153 001 Effluent Lead, Total as Pb 01051 10/31/2023 0.54 4.500 Monthly Average Exceeded — LV-0151 D �2� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 29115 704.663.1699 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW 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 Edward Watson of the Mooresville Regional Office at 704-663-1699 or via Edward.Watson@)deg.nc.gov. Sincerely, DocuSigned by: F161F669A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Alex Chinery, Terracon (via email) uowrt���orE��,;D m Q�N North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.663.1699