WQ0042608_NOV-2021-CV-0020 GC_20210811

DocuSlgn Envelope ID: 85406D34-4053-4764-A4F9-31CDCF0F67D9
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Certified Mail # 7017 2680 0000 2237 2935
Return Receipt Requested
August 5, 2021
Rich Cappola, Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-CV-0020
Construction of Sewer Extension Without a Permit
Sewer Extension Permit No. WQ0042608 — Buckhorn Branch Park sewer extension
Town of Clayton
Dear Permittee:
On June 4, 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 a permit being applied for and
issued. The engineer was advised that an application needed to be submitted, which was received on June 8, 2021. A
permit has since been issued (WQ0042608) on July 27, 2021.
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 (06) 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.
(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.
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1. r to Addressed to:
RI APPOLA, INERIM TOWN MGR
TAP OF CLAYTDN
PO tICIX 879/CLAYTON, NC 27528
NOV & INTENT TO ASSESS CIVIL PENALTY/NOV-2021-CV-
0020/WQ0042608/BUCKHORN BRANCH PARK SEWER EXT
REC: 7017-2680-0000-2237-2935 M 8/6/2021
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9590 9402 3415 7227 6602 43
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WATER QUALITY REGIONAL OPERATIONS
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NC DEQ- RALEIGH REGIONAL OFFICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
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