WQ0033770_NOV2020LV0572 & NOV2020LV0573_20200819

Old North State Water Co.
An
4)IntegraWaEa
Company
August 19, 2020
Morell Sanchez King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: NOTICE OF VIOLATION & ASSESSMENT OF CIVIL PENALTY
CASE No.: NOV-2020-LV-0572
CASE No.: NOV-2020-LV-0573
WWTP Permit No. WQ0033770
Carolina Plantation WWTP
Onslow County
Dear Ms. Sanchez King:
Old North State Water Company (ONSWC) appreciates the opportunity to respond to
the Notice of Violations issued on July 30, 2020 by the Division of Environmental
Quality. Please find enclosed our response regarding the permit exceedances for Total
Flow for the months of April and May 2020.
Since taking over this facility ONSWC has made a considerable investment into this
plant and continues to make investments into the facility as requested by the operator
in order to ensure proper operation.
The plant is surpassing our permit limit due to the capacity of homes in the
development combined with the fact that during this time span due to the Covid-19
issues, individuals were remaining at home, teleworking and schools were not in
service. At this time many are still teleworking, and students are attending virtual
classes from home. The demand is presenting operation and maintenance challenges at
the wastewater treatment plant and will continue to do so until flow expansion can be
implemented.

In summary, Old North State Water Company is keenly aware of the growing demand
for expansion at the WWTP. We have requested quotes to re -rate the flow at the WWTP
and to date we have received one proposal and are awaiting additional quotes.
We understand the reasons for the Notices of Violation and Civil Penalty Assessment
but respectfully request that the Division consider remission of the civil penalty due to
the fact that the issues were outside of ONSWC's control.
As demonstrated, ONSWC is consistently responsive and makes prompt moves to cure
a resistant action in the treatment plant. We recognize this letter shows the venture and
responsibility that the Utility keeps on making, and we trust that the Division perceives
these endeavors. Please do not hesitate to get in touch with me with questions or extra
details.
Sincerely,
Old North State Water Company, LLC
Cc: Tracy Miller
Dave Strum
Jeff Jarmon
Old North Water Company, LLC

DocuSign Envelope ID: 2F18873C-1852-4586-13FD7-891F152A2A44
ROY COOPER
Governor
MICHAEL S. REGAN
sert,rrory
S. DANIEL SMITH
Dhsctor
Certified Mail # 7018 2290 0001 8295 9908
Return Receipt Requested
Michael J Myers
Old North State Water Company LLC
4700 Homewood Ct
Suite 108
Raleigh, NC 27609
NORTH CAROLINA
ExHrQuaW
July 30, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0572
Permit No. WQ0033770
Carolina Plantation WWTP
Onslow County
Dear Permittee:
A review of the April 2020 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Flow, in conduit or thru 4/30/2020 150,000 160,056.93 Monthly Average Exceeded
treatment plant (50050)
001 Nitrogen, Total (as N) (00600) 4/30/2020 4 4.1 Monthly Average Exceeded
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 Non -discharge 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.
143-215.1.
5PNorth Carolina Departmentof Envronmentei Quality i Division of Water Resources
Wirningmn RegionaJ Office 1 127 Card+nel Dnve Extension i Wilmogtoe, North Carolina 28405
910-796-7215

DocuSign Envelope ID: 2F1 8873C-1 852-45B6-BFD7-891 F1 52A2A44
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.
If you have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
,—DocuSigned by:
Tam "T`'.crlw/[\uA,
7F141E73B6F3456... for
Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Rebecca Manning — electronic copy
Upload to Laserfiche
North Caroms Departmentof Environmental Quality I Division of Water Resouroes
Wiminllpon Re&ml Office 1 127 Cardinal Drive 6Rension I W knirgton, North Carolina 28405
-^� • �� 910-796-7215

DocuSign Envelope ID: 2F18873C-1852-45136-13FD7-891F152A2A44
ROY COOPER
cwe7w
MICHAEL S. REGAN
Se—tary
S. DANIEL SMITH
Dfret-u r
Certified Mail # 7018 2290 0001 8295 9908
Return Receipt Requested
Michael J Myers
Old North State Water Company LLC
4700 Homewood Ct
Suite 108
Raleigh, NC 27609
NORTH
EhMr ionmw ed L
July 30, 2020
SUBJECT; NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0573
Permit No. WQ0033770
Carolina Plantation WWTP
Onslow County
Dear Permittee:
A review of the May 2020 Non -Discharge Monitoring Report (NDMR) 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 Flow, in conduit or thru 5/31/2020 150,000 166,335.26 Monthly Average Exceeded
treatment plant (50050)
001 Nitrogen, Total (as N) (00600) 5/31/2020 4 4.39 Monthly Average Exceeded
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 Non -discharge 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.
143-215.1.
North Ceroine Department of Envirommentsi Quaiity I DlVsion of Water Resources
Wintingpon Re6ionW Office 1 127 Cord+tif Drive Extension I Wilmington, North Caroms 28405
~. 910-796-7215

DocuSign Envelope ID: 2F1 8873C-1 852-45B6-BFD7-891 F1 52A2A44
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.
If you have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
DocuSigned by:
for
D7F141E? 6
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Rebecca Manning — electronic copy
Upload to Laserfiche
North Caroline Department of Environmental Quality I Di4sionof Water Resources
Wirwno" Regional Office 1 127 Cardinal Drive Extension I Vftmgton, North Carolina 28405
910-796-7215