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HomeMy WebLinkAboutWQ0042614_NOI NOV-2021-CV-0016_20210702DocuSign Envelope ID: 7A177A56-0492-4586-83DO-718D74FOF276 ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH NORFH cAgO-INN Director Enviro ifFlewcd �2U01ily July 2, 2021 Certified Mail # 7018 1830 0000 9681 6798 Return Receipt Requested Jeffrey L Irvin, Member/Manager Shallotte Retail LLC 1340 Harding Place Charlotte, INC 28204 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2021-CV-0016 Permit No. WQ0042614 Shallotte Hwy 17 Chickfila Private Pump Station 2900 Frontage Road NW (Shallotte) Brunswick County Dear Mr. Irvin: One of my staff noted the ongoing construction of the above project on June 7, 2021 which included the observation that a pump station wetwell and supports for its control panel had already been installed. An inquiry was made to the Town of Shallotte later in the day regarding the construction activity in reference to approval for the system as it was believed that no gravity sewer was located along Frontage Road at that location. It was later confirmed that there was no gravity sewer available and that the pump station would require issuance of a permit by the Division. Our office received the application for subject project on June 15, 2021 and is being issued on the date of this Notice. Consequently, the construction of the project and initiation of the construction of its sewer system without a permit or prior to its issuance is in violation of NCGS 143-215.1 (a)(2). 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. 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 the requirements of G.S. 143-215.1 or of any permit issued pursuant to it. 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 are 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: 910-796-7215\ Internet: www.deg.nc.gov DocuSign Envelope ID: 7A177A56-0492-4586-83DO-718D74FOF276 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 Dean.Hunkele@ncdenr.gov. Sincerely, DO" i�gnT►ed by: x1 l 04^ l Y�o�ffr I E-T7F an 141E73B6F3456... Tom Tharrington, Asst. Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc: Wilmington Regional Office Enforcement File - Hunkele Upload to Laserfiche 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.deg.nc.gov