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HomeMy WebLinkAboutWQCSD0656_NOV-2021-PC-0534 GC_20220110ROY COOPER Governor ELIZABETH S. RISER Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality October 29, 2021 Certified Mail # 7020 3160 0000 2219 3259 Returned Receipt Requested David Charles, Chief Executive Officer DSLP Properties LLC PO Box 648 Morrisville, NC 27560 Subject: Notice of Violation — Notice of Intent to Enforce NOV-2021-PC-0534 Lynn Drive Apartments Permit No. WQCSD0656 Dear Mr. Charles: On October 11, 2021, the Raleigh Regional Office received a complaint that the pump station that serves 121 Lynn Drive Apartments was without power and that sewage was overflowing from two clean -outs downstream of the pump station and into a drainage ditch. According to Person County tax records, DSLP Properties LLC is listed as the owner. The Lynn Drive Apartments collection system is a privately owned collection system, it is the owner's responsibility to operate and maintain this system. The system is a deemed permitted collection system and should meet the requirements of 15A NCAC 02T.0403 (attached). On October 13, 2021, Mitch Hayes of the Raleigh Regional Office visited the site. His observations were: • Evidence of black sewage water surrounding the concrete riser for the pump station. • There was no power to the pump station. The high water float was lying on top of the ground. • There was no contact information signage for the pump station for who to call in the event of an emergency. • Sewage was draining from two clean -outs downstream of the pump station and draining into a ditch. The sewer overflow that is occurring constitutes a violation of NCGS 143.215.1 (a) (1) and 15A NCAC 02T .0403 (a) (1). A file review failed to reveal the receipt of a 24-hour notification or a 5-day written report detailing the sewer spill as required by 15A NCAC 02T 0403 (7). Statutes and North Carolina Administrative Code respectively state the following: NCGS 143.215.1 (a) (1) Activities for which Permits required -- 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 that permit. (1) Make any outlet into the Waters of the State. E North Carollna Department of Envkonmentai Quality 1 Division of water Resources 1� Raleigh Regional Office 13800 Barrett Drive 1 Raletph North Carotlna 27609 3/11/22, 4:22 PM USPS.com® - USPS Tracking® Results Tracking History January 10, 2022, 12:01 pm Delivered, To Original Sender RALEIGH, NC 27699 Your item has been delivered to the original sender at 12:01 pm on January 10, 2022 in RALEIGH, NC 27699. January 10, 2022, 9:13 am Distribution to PO Box in Progress RALEIGH, NC 27611 January 10, 2022, 9:02 am Arrived at Post Office RALEIGH, NC 27611 January 8, 2022, 7:58 am Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER January 6, 2022, 5:56 pm Arrived at USPS Regional Facility PHILADELPHIA PA DISTRIBUTION CENTER January 1, 2022, 7:53 pm Arrived at USPS Regional Facility GREENSBORO NC DISTRIBUTION CENTER December 27, 2021, 12:09 pm Unclaimed/Being Returned to Sender MORRISVILLE, NC 27560 December 21, 2021, 9:54 am Unclaimed/Being Returned to Sender MORRISVILLE, NC 27560 December 14, 2021, 8:49 am Unclaimed/Being Returned to Sender MORRISVILLE, NC 27560 November 8, 2021, 7:58 am Arrived at Post Office MORRISVILLE, NC 27560 I- u1 ru rn IT' r1 R1 ru a a a a ..D r-1 m a rU a U.S. Postal Service"' CERTIFIED MAIL°,. Domestic Mail Only For delivery information, visit our,wesit 0 FlCl• Certified Mall Fee S ces ees (check box, odd fee as .pp, ate) ❑ Return Receipt Qrardcopy) $ ❑ Return Receipt (electronic) ['Certified Mail Restricted Delivery $ Adult signature Required $ [] Adua Signature Restricted Delivery $ Postage DAVID CHARLES, CHIEF EXECUTIVE OFFICER DSLP PROPERTIES, LLC PO BOX 648 MORRISVILLE, NC 27560 NOV-2021-PC-0534/ NOV INTENT TO ENFORCE / 20211102 LYNN DRIVE APARTMENTS / WQCSD0656 / WAKE COUNTY REC: 7020 3160 0000 2219 3259 / M 10/29/2021 tirdillYailOCURFkOsiSKOSLIsfi Postmark Here ea Reverse -for Instructions https://tools.uses.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text287774aLabels=70203160000022193259%2C8dABt=false 1/2 3/11/22, 4:22 PM November 7, 2021 In Transit to Next Facility USPS.com® - USPS Tracking® Results November 5, 2021, 8:37 pm Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER November 5, 2021, 11:12 am Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER November 4, 2021, 10:55 pm Arrived at USPS Regional Facility GREENSBORO NC DISTRIBUTION CENTER https://tools.uses.com/go/TrackConfirmAction?tRef=fullpageStLc=28text28777=8tLabels=70203160000022193259%2C8tABt=false 212