NC0032131_NOV and Intent to Assess_20191119

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K4ICHAEL S. RECAN
Secretary
LINDA CULPEPPER
crffror
NORTH CAROUNA
Environmental Qual"
Certified Mail # 7017-1450-0001-6450-4939
Return Receipt Reauested
November 19, 2019
Chris B Robbins
Tweetsie Railroad
300 Tweetsie Railroad Ln
Blowing Rock, NC 28605
SUBJECT: NOTICE OF VIOLATION WITH INTENT TO ENFORCE
Tracking Number: NOV-2019-LV-0875
Permit No. NCO032131
Tweetsie Railroad
Watauga County
Dear Permittee:
A review of the August 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Limit
Reported
Location
Parameter
Date
Value
Value
Type of Violation
001 Effluent
BOD, 5-Day (20 Deg. C) -
8/6/2019
7.5
20.9
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5-Day (20 Deg. C) -
8/13/2019
7.5
15.7
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5-Day (20 Deg. C) -
8/31/2019
5
9.15
Monthly Average Exceeded
Concentration (C0310)
North Carona Depa rtntient of f nvironmeatarl Quality I Division of Water Resources
Winston-Salem Re�aanaaOffice 1 450 West Hanes WTn Road,Swte30D I WinsonSalem, North Carofiria 27105
'� 336-776-WOO

Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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).
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
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,
Doc uSigned<by:
-4'B49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Winston-Salem Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
North CaroJina Depa rtment of Env; ran rnental Qua% I D;vsian of Water Resources
MrksonSs;em Refloita'Office 145D West Hakes Mi; Road,Swt-e3M I Wins r?Sa�em. North Caroi:rka 27105
..,....�PA
336-7 76-SDO