WQCS00210_NOV2020DV0019_20200110

ROY COOPER
Governor
K41CHAEL & R.EGAN
Secretary
LIN DA CU LPE PPER
Dipff for
NORTH CAROL INA
Environmental Quality
CERTIFIED MAIL: 7011-1570-0001-8546-4549
RETURN RECEIPT REQUESTED
January 10, 2020
Robert Heaton, Public Utilities Director
Town of Beech Mountain
403 Beech Mtn Pkwy
Beech Mountain, NC 28604-8012
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0019
Sanitary Sewer Overflows - October 2019
Collection System Permit No. WQCS00210
Beech Mountain Collection System
Watauga County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Beech Mountain. The Division's Winston-Salem Regional Office concludes that the Town of Beech
Mountain violated Permit Condition I (2) of Permit No. WQCS00210 by failing to effectively manage, maintain, and
operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters
and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which
a permit is required by G.S. 143-215.1.
The Winston-Salem Regional Office is providing the Town of Beech Mountain an opportunity to provide evidence
and justification as to why the Town of Beech Mountain 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 (Minn) Location Cause (Gals) (Gals) DWR Action
201901663 10/22/2019 480 267 Greenbriar Rd Other 100,000 100,000 Notice of Intent
North Carofina Depart ment of f nvironmen tad Quality i Diuision of Water Resources
WjrkstoaZaaem R fl,onaa Office i 450 West Hanes hail Road, Sane 30D i WinsronSalern, North CATof rks 27105
-� '� 336-776-WOO

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 Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
DocuSiiggned by:
1_.49E225C94EA_
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche
North Caroi-ina Department of fnviran mental Quality I Oiuision of Water Resouf-res
R cuk +.+
4'1iikstonSaiem Regioasa Office 1 450 West Hanes Mill Road, Sane 30D I Winsta nSalem, North Camfina 27105
`� 3W-776-WOO