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HomeMy WebLinkAboutNC0032131_NOV and Intent to Assess_20181019ROY COOPER NORTH CAROLINA Getiie wr €hvlraa=enta'Qva'W RECEIVED/DEMR DWR NHCHAEL S_ REGAN NOV U 9 2018 sacrara LMA CU-LPEPPER Water Resources Intemn Director Permitting Section Certified Mail # 7013-1710-0002-1922-2378 Return ReceiRt Requested October 19, 2018 Chris B Robbins Tweetsie Railroad 300 Tweetsie Railroad Ln Blowing Rock, NC 28605 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0738 Permit No. NCO032131 Tweetsie Railroad Watauga County Dear Permittee: A review of the July 2018 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 001 Effluent Nitrogen, Ammonia Total (as 7/31/2018 2 4.09 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation 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. If you wish to provide additional information regarding the noted violation, request technical assistance, or uwr.+cnwa tc.A.UF Q�� MroowaaFmmnnm �\ North Carolina Department of Environmental Quality I Division of Water Resources 450 West Hanes Mall Road, Suite #300, Winston-Salem, NC 27105 336-776-9800 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 (SOC). 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 Kelli Park of the Winston-Salem Regional Office at 336-776-9800. Sincerely, Sherri V. Knight, P.E., Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Cc: WQS_Winston-Salem_Regional Office--7_Enforcement File NPDES-Compliance/Enfor_cement Unit - Enforcement File DWR Central Files Dale Holman, ORC, electronically sent jrw!rnJ�qEQI§ North Carolina Department of Environmental Quality I Division of Water Resources 450 West Hanes Mall Road, Suite #300, Winston-Salem, NC 27105 336-776-9800