WQCSD0365_NOI NOV-2019-PC-0371_20191112

DocuSign Envelope ID: EE120410-F524-4F98-B512-2F26A94A1A7E
ROY COOPER
C ow-ril r
K41C IAEL & R.EGAN
Secretary
LINDA CULPEPPER
JJlr47-& r
Certified Mail # 7017 0190 0000 9534 3489
Return Receipt Reauested
Tommy Pollard
Blue Creek Utilities Inc
3925 Richlands Hwy
Suite 1
Jacksonville, NC 28540
NORTH CAROL INA
Environmental Quality
November 12, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-PC-0731
Permit No. WQCSD0365
Blue Creek Utilities Deemed Collection System
Onslow County
Dear Permittee:
The North Carolina Division of Water Resources conducted an inspection of the Blue Creek Utilities Deemed
Collection System on July 11, 2019. This inspection was conducted to verify that the facility was operating
in compliance with the conditions and limitations specified in 15A NCAC 02T.0403.
The inspection report was received by your office via certified mail on September 19, 2019. That report required
a response regarding plans to secure the gravity sewer line crossing Blue Creek adjacent to Blue Creek Road within
30 days of your receipt, thus it was due no later than October 25, 2019. To date no response was received, thus
the Utility is in violation of its deemed system by failing to maintain this line in a secure manner more than a year
after being notified by our office to do so.
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 15A NCAC 02T.0403. 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 fifteen (15) business days after receipt of this Notice. A review
of your response will be considered along with any additional information provided. 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 15-day period, a civil penalty assessment may be prepared.
NorthCaroLnaDepartmentoftnvironmeatailQaadrty I DWsion of Water ResoLE roes
r, Wilmington Reg •3ea-Offra 1 127 CArd'InalDrive!Extension I WINmington, North Caro --ra2$405
�'T._..... 910-796-7215

DocuSign Envelope ID: EE120410-F524-4F98-B512-2F26A94A1A7E
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.
If you should have any questions, please do not hesitate to contact Dean Hunkele with the Water Quality
Regional Operations Section in the Wilmington Regional Office at 910-796-7215.
Sincerely,
D
DocuEiu1-1utiSB
Tom Tharrington, Asst. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
Upload to Laserfiche
NorthCaroLnsDepartmentoftnvironmeatailQaadrty I DWsionofWater Resouroes
r, Wilming6an Reg •3ea-Off ra 1 127 CArd'inslDrivefxtensiian I WINmington, North Caro --ra2$405
�'T._..... 910-796-7215