WQ0042331_NOV-2021-CV-0004_20210303

ROY COOPER
Gownor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Din% for
NORTH CAROLINA
Environmental Quality
Certified Mail # 7017 0190 0000 9569 8923
Return Receipt Requested
March 3, 2021
Chris Doherty, Director
Franklin County Public Utilities
1630 US Hwy 1
Youngsville, NC 27596
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-CV-0004
Construction of Sewer Extension Without a Permit
Sewer Extension Permit No. WQ0042331
Overall Collection System Permit No. WQCS00179
Franklin County Public Utilities
Dear Permittee:
On February 10, 2021, staff in the Division of Water Resources (DWR) Raleigh Regional Office (RRO) were
contacted by an engineer asking if the RRO could provide them a copy of a sewer extension permit for "Cedar
Crossing Subdivision Phase 4 and 5". Per the engineer, they were working with a developer to certify the
construction of this sewer extension project. After a file and database review, RRO staff determined that a
permit had not been issued with that name. On February 11, the RRO received an application in the mail for a
project with the proposed name "Cedar Crossing Subdivision — Phase IV & V". RRO staff contacted the
engineer who initially inquired about a permit and confirmed via an email on February 11, 2021 that this project
had already been constructed, despite just receiving the application. Per a seperate email received on February
11, 2021 the Developer also confirmed that this project had been constructed, and explained that they were
under the impression that a permit was obtained for this project, and it was later determined that the design
engineer had failed to secure a permit for this project prior to construction.
As the applicant/permittee, you are ultimately responsible for obtaining a permit prior to construction, and prior
to entering into a contract for the construction and installation of a sewer line. You are hereby advised that you
are in violation of North Carolina General Statutes 143-215.1(a)(2) and 143-215.1(a)(8) as follows:
§ 143-215.1. Control of sources of water pollution; permits required.
(a) Activities for Which Permits Required. - Except as provided in subsection (a6) of this section, no person
shall do any of the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in the permit:
(2) Construct or operate any sewer system, treatment works, or disposal system within the State.
North CM Okla Department of FnviT InIT: I!ntat QL4411p I C)ivisiu,i of �V.atcrlicsu:,rces
Raleigh Regional Office 13800 8arrcrt Drive I Rakelgfr, North Carfkna )7809
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(8) Enter into a contract for the construction and installation of any outlet, sewer system, treatment
works, pretreatment facility or disposal system or for the alteration or extension of any such facility.
The enforcement options available to the Division for violations of the previously referenced statutes are found
at NCGS 143-215.6 A, B and C and include civil penalties, and /or injunctive relief. The civil penalties for the
violations may be as high as $25,000 per day, per violation.
This office is considering a recommendation in favor of an enforcement action to include the potential
assessment of a civil penalty. Prior to making any such decision, it is vital that we have all the relevant
information. If you wish to provide additional information regarding the noted violation and/or an explanation
as to why the Division should not assess a civil penalty in this matter, please respond in writing within twenty
(20) business days after receipt of this Notice. Any additional information will be reviewed, and if an
enforcement action is still deemed appropriate, this information, along with other relevant information will be
considered in this matter. If you have any questions, please contact Jason Robinson or me at 919-791-4200.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Regional Office - Enforcement File
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