NC0034711_NOV2021LV0438_20210615

ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
S. DANIEL SMITH
Director
Certified Mail # 7018 0360 0002 2099 8665
Return Receipt Requested
Richard J O'Brien, / Manager Owner
Athena Cedar LLC
98 Mill Plain Rd Ste 3c
Danbury, CT 06811
NORTH CAROLINA
Environmental Quality
June 15, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LV-0438
Permit No. NC0034711
Cedar Park Estates WWTP
Cabarrus County
Dear Permittee:
A review of the April 2021 Discharge Monitoring Report (DMR) 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 Effluent BOD, 5-Day (20 Deg. C) - 4/6/2021 45 48 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent Solids, Total Suspended - 4/6/2021 45 73 Daily Maximum Exceeded
Concentration (C0530)
001 Effluent Coliform, Fecal MF, MFC Broth, 4/12/2021 400 600 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent Nitrogen, Ammonia Total (as 4/12/2021 35 41 Daily Maximum Exceeded
N) - Concentration (C0610)
D_E
North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office [ 6t0 East Center Avenue. Suhe 301 I MnoresvIlk, North CemIEne 25115
704,663.1699

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 NPDES WW 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.
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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699.
Sincerely,
1- DocuSigned by:
/14.4114v H P444.4
F161F869A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office l 610 East Center Avenue. Suite 301 I Mooresville, North CarolEna 28115
704.663.1699