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HomeMy WebLinkAboutNC0070289_NOV2017LR0012_20170717Water Resources Environmental Quality July 7, 2017 CERTIFIED MAIL 7002 0860 0006 58361127 RETURN RECEIPT REQUESTED Mr. F. Wayne Huntley, HOA President Stones Throw Homeowners Association PO Box 690725 Charlotte, NC 28227 Subject: NOTICE OF VIOLATION (NOV-2017-LR-0012) Late Discharge Monitoring Reports (DMRs) February 2017 Ridgewood Farms Subdivision NPDES Permit NCO070289 Cabarrus County attempt Dear Mr. Huntley: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director A review of the Division of Water Resources (DWR) database which tracks the monthly submittal of Discharge Monitoring Reports (DMR's) revealed that the February 2017 Discharge Monitoring Report (DMR) was not filed with the Division within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV-2017-LR-0002) was sent to you for failure to submit the December 2016 DMR no later than the last calendar day following the reporting period. This notice was received by you on 3/1/2017. Within said Notice, you were informed that future reports not received within the required time frame during the next twelve (12) reporting months. This is our second attempt to notify This Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the February 2017 failure to submit violations. Based upon the above facts, I conclude as a matter of law that Stones Throw Homeowners Association violated or failed to act in accordance with the requirements of NPDES Permit NCO070289 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143-282.1(b) (8). If you wish to provide additional information regarding the noted violations and prevent further action, please respond in writing within ten (10) days of receipt of this notice. As of the date of this document, DWR has not received the following DMR(s): December 2016, January 2017, February 2017, March 2017 and April 2017. Nothing Compares_ State of North Carolina I Environmental Quality 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 Mr. Huntley July 7, 2017 Page 2 of 2 Please ensure that the missing Discharge Monitoring Reports are sent in to the Division. A review of your response will be considered and you will be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10 -day period, a civil penalty may be assessed. If you have any questions about this letter or discharge monitoring reports, please contact Derek Denard at 919-807-6307 or via e-mail at derek.denard@ncdenr.gov. nc ely, S. Jay Zimmerman, P.G ' ector Division of Water Resources, NCDEQ cc NPDES File Central Files MRO DWR WQROS