NC0003719_NOV-2022-LV-0207_20220325

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020 0090 0001 7206 5964
Return Receipt Requested
March 25, 2022
Matthew P Hendrickson
Dak Americas, LLC
3216 Cedar Creek Rd
Fayetteville, NC 28312
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-LV-0207
Permit No. NC0003719
Cedar Creek Site
Cumberland County
Dear Permittee:
A review of the January 2022 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
002 Effluent BOD, 5-Day (20 Deg. C) - 1/25/2022 244 1,046 Daily Maximum Exceeded
Quantity Daily (QD310)
002 Effluent BOD, 5-Day (20 Deg. C) - 1/31/2022 143 331.5 Monthly Average Exceeded
Quantity Daily (QD310)
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.
D_EQ?
North Carolina Deportment of Environmental Quality I Division of Water Resources
Fayetteville Regional ice 1225 Green Street Saute 714 I Fayetteville. North Carolina 25201
910.4333300

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 Hughie White or myself of
the Fayetteville Regional Office at 910-433-3300.
Sincerely,
DocuSigned by:
brat/au/1
�E4E1A9691 DB248E...
Mark Brantley Asst. Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Fayetteville Regional Office (HW)
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office l 225 Green Street. Suite 1]4 I Fayetteville. North Carolina 25301
910.4333300