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HomeMy WebLinkAboutNC0003174_NOV-2022-PC-0063_20220225ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail Return Receipt Requested 7020 3160 0001 6632 2171 Mr. Chris Fulcher Fulcher's Point Pride Seafood Post Office Box 250 Oriental, North Carolina 28571-0250 NORTH CAROLINA Environmental Quality February 25, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-PC-0063 Fulcher's Point Pride Seafood Oriental, Pamlico County, North Carolina Dear Mr. Fulcher: The North Carolina Division of Water Resources conducted an inspection of Fulcher's Point Pride Seafood on February 14, 2022. The inspection was conducted in response to reports of boat maintenance activities on February 12, 2012 resulting in water quality impacts. The inspection was to also assist in determining whether the referenced activity conducted at the facility was associated with NPDES Permit No. NC0003174 or in violation of conditions and requirements of the referenced permit. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The compliance inspection was conducted by Division of Water Resources staff from the Washington Regional Office in response to a complaint. The activities were not taking place at the time of the inspection, but the following violation(s) were acknowledged during the inspection: Inspection Area Description of Violation Pollution Prevention The facility allowed in water work to be done on the FV Chasity Brooke resulting in a quantity of paint and sanding debris entering Oriental Harbor on 2/12/2022, constituting an unpermitted discharge of wastes to surface water. 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) 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. NO 1:1E wwromm at emnmemeemi awnry North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 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 additional information provided. 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. If you should have any questions, please do not hesitate to contact Allen Stewart with the Water Quality Regional Operations Section in the Washington Regional Office at 252-946-6481. Sincerely, Paw), kali David May, L.G.,Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: NPDES Inspection Report, BIMS Incident Report cc: LaserFiche NC DEQ DAQ — WaRO NC DEQ DWM LD_E NORTH CAROLINA flppa hnpnl pl Emirpnmpngi ()Wily North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946,6481