WQCSD0278_NOV and Intent to Assess_20191231

CERTIFIED MAIL: 7017 1070 0000 1776 0602
RETURN RECEIPT REQUESTED

December 31, 2019

Shannon R Ginn, Manager
Cummings Cove Company LLC
20 Cummings Cove Pkwy
Hendersonville, NC 28739

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0461
Sanitary Sewer Overflows - December 2019
Collection System Permit No. WQCSD0278
Cummings Cove Company LLC
Henderson County

Dear Permittee:

The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Cummings Cove LLC indicates
violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include
failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the
land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for
which a permit is required.

The Asheville Regional Office is providing the Cummings Cove Company LLC an opportunity to provide evidence
and justification as to why the Cummings Cove Company LLC should not be assessed a civil penalty for the
violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action _________________________________________________________________________________________________________________________________________________________________________
201901880 12/12/2019 160 3483 Cummings Cove Other, Pump station 5,000 700 Notice of Violation
Rd equipment failure _________________________________________________________________________________________________________________________________________________________________________

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This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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.

This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator’s history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.

If you have any questions, please do not hesitate to contact Daniel Boss with the Water Quality Section in the
Asheville Regional Office at 828-296-4500 or via email at [e-mail].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: WQS ARO Server
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G:\WR\WQ\Henderson\Collection Systems\Cummings Cove WQCSD0278\SSOs\December 2019\20191231_WQCSD0278_NOVNOI2019DV0461.rtf

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