WQ0028681_NOI NOV-2020-PC-0437_20201005

DocuSign Envelope ID: 5AA67656-B63A-4635-BAF1-38BF30E45A1E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH NORFH cAgO_INA
Director Enviro ifFlewcd �2U01ily
October 5, 2020
CERTIFIED MAIL # 7018 2290 0001 8295 9328
RETURN RECEIPT REQUESTED
Kyle Breuer, Town Manager
Town of Surf City
PO Box 2475
Surf City, NC 28445-2475
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2020-PC-0437
Wastewater Collection System Extension
Permit No. WQ0028681
Anchors Watch at Saltwater Landing Section 5
Pender County
Dear Mr. Breuer:
Our office received a final certification for the subject project on October 2, 2020 that was executed by
the certifying engineer on December 13, 2017 and by the Town on September 29, 2020 for the permitted
system approved on September 25, 2017. The engineering firm confirms that the system is in operation
and has been since sometime in 2018.
Placement of the system into operation prior to submittal and documented receipt of the enaineerina
certification is in violation of Standard Condition 7 in W00028681 and 15A NCAC 2T.0116.
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 Town's issued permit. Pursuant to G.S. 143-215.6A, a civil
penalty of not more than twenty-five thousand dollars ($25,000.00) per day 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 and explain why the Division
though this office should not assess a civil penalty in this matter, please respond in writing within ten
(10) business days after receipt of this Notice. A review of your response will be considered and you will
then be notified of any civil penalties that may be assessed regarding the violation. If no response is
received in this Office within the 10-day period, a civil penalty assessment will likely be prepared.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov

DocuSign Envelope ID: 5AA67656-B63A-4635-BAF1-38BF30E45A1E
If you have any questions concerning this Notice of Violation, you may contact me at the letterhead
contact information or Dean Hunkele via email at [e-mail].
Sincerely,
E-T71`141E
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Tom Tharrington, Asst. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Stroud Engineering (via email)
Wilmington Regional Office Enforcement File
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