WQ0030088_NOV-2021-LV-0111_20210226

Old North State
Water Company
05)
February 26, 2021
Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Re: Notice of Violation
Tracking No: NOV-2021-LV-0111
Permit No: WQ003008B
Majestic Oaks
Pender County
Dear Morelia Sanchez -King,
I am in receipt of the above referenced NOV dated February 23, 2021 and wanted to respond as to what
actions we have taken at Majestic Oaks. We are still under contract to sale Majestic Oaks and are only
waiting on Utilities Commission approval to close.
We continue to work diligently to do everything possible to stay in compliance. We have added
additional air lines at the W WTP. Recirculation and return rates have been adjusted. DO levels to adjust
for high nutrient levels.
Please reconsider the enforcement of the civil penalty, as we are working diligently to solve the issues.
Thank you for any consideration and please reach out with questions or concerns at the address above,
email at smcmillanCdonswc.com or give me a call directly at 205-719-7795.
Sincerely, • I
Sean McMillan
Vice President

DocuSign Envelope ID: 219CE9EC-03184327-BiCt-23BEFB004014
ROY COOPER
QOWTCI
MICHAEL S. REGAN
sarnary
S. DANIEL SMITH
OvKw
Certified Mail #7020 1290 0001 6718 2978
Return Receipt Reauested
John L McDonald
Old North State Water Company LLC
PO Box 10127
Birmingham, AL 35202-0127
NORTH CAROLINA
Envbonnrnral QW11ty
February 23, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LV-0111
Permit No. W00030088
Majestic Oaks WWTP
Pender County
Dear Permittee:
A review of the December 2020 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Nitrogen, Total (as N) (00600) 12/31/2020 7 12.94 Monthly Average Exceeded
001 Phosphorus, Total (as P) 12/31/2020 3 3.88 Monthly Average Exceeded
(00665)
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.
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DocuSipn Enwlope ID: 219CE9EC-o313A32]-31C1-233EF3004014
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,
CDocuSiBOotl by:
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Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Sean McMillan — electronic copy
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