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HomeMy WebLinkAboutWT002812_NOV_20191011ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 11, 2019 CERTIFIED MAIL: 7019 0700 0000 8867 3301 Advanced Digital Cable Inc Attention: Steve Tant 94 Eagle Fork Road Hayesville, North Carolina 28904 Subject: NOTICE OF VIOLATION (NOV-2019-PC-0684) Site Number: WT002812 Advanced Digital Cable Clay County Dear Mr. Tant: On September 19, 2019, Isaiah Reed from the Asheville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), visited the subject site located at 94 Eagle Fork Road in Hayesville, North Carolina. The site visit and file review revealed that Advanced Digital Cable Inc has neither applied for, nor obtained coverage under, an NPDES General Permit for stormwater discharges from the site. The site currently discharges stormwater affected by processes on site to receiving waters designated as Eagle Fork Creek, a Class C;Tr waterbody in the Hiwassee River Basin. An NPDES permit is required to discharge stormwater to waters of the state in accordance with G.S. 143- 215.1(a) and Title 15A North Carolina Administrative Code (hereby known as NCAC) 2H .0126. Enclosed with the inspection report is a copy of Notice of Intent (NOI) that shall be filled out and submitted to the Department of Environmental Quality within 30 calendar clays of receipt of this Notice. Submission information can be found in the NOI. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per clay for each violation. Your efforts to undertake activities to bring the subject site into compliance are not an admission, rather they are actions that must be taken in order to begin to resolve ongoing environmental issues. The timeliness with which you submit an NOI, the degree and extent of harm to the environment, and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. Should you have any questions regarding these matters, please contact Isaiah Reed or myself at (828) 296-4500. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 na+rrvcwuw. 828.296.4800 Sincerely, Stanley E. Aiken, P Regional Engineer Land Quality Section Enclosure: Notice of Intent ec: Alaina Morman, Environmental Specialist Alaina.morman@ncdenr.gov Stanley E. Aiken- Regional Engineer stan.aiken@ncdenr.gov Suzanne McCoy- Administrative Specialist Suzanne.mccoy@ncdenr.gov