WQ0042379_NOV-2021-CV-0005_20210318

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Certified Mali # 7017 0190 0000 9569 8930
Return Receipt Requested
March 18, 2021
Devereaux A Gregg, EVP - Development
Flagship Waterstone MOB, LLC
2701 Coltsgate Rd, Suite 300
Charlotte, NC 28211
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-CV-0005
Construction of Sewer Extension Without a Permit
Sewer Extension Permit No. WQ0042379 — Waterstone M.O.B.
Flagship Waterstone MOB, LLC
Dear Permittee:
On Marchll, 2021, staff in the Division of Water Resources (DWR) Raleigh Regional Office (RRO) received an
email from an engineer explaining that the referenced sewer extension had been constructed prior to receiving a
perrnit. An application for a permit was included with the email, and a permit number for the project has since
been created (WQ0042379).
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 persorr
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.
(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
Jason.T.Robinson(a ncdenr.gov or Scott.Vinsonencdenr.gov.
Sincerely,
i(et? Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Regional Office - Enforcement File
DWR Laserfiche
made .strandwitzCa hillsboroughnc.gov
prpyster(cjtoa.com

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