WQCSD0750_NOV-2022-DV-0192_20220712

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Maii # 7020 3160 0000 4109 6128
Return Receipt Requested
Kellen P Buss, Director Infrastructure Site
Jones Estates Pace LLC
2310 S Miami Blvd Ste 238
Durham, NC 27703
NORTH CAROLINA
Environmental Quality
July 12, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0192
Sanitary Sewer Overflows - May 2022
Collection System Permit No. WQCSD0750
Pace Mobile Home Park
Johnston County
Dear Mr. Buss:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Jones Estates Pace LLC. The Division's Raleigh Regional Office concludes that the Jones Estates Pace LLC violated
Permit Condition I (2) of Permit No. WQCSD0750 by failing to effectively manage, maintain, and operate their
collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO
constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is
required by G.S. 143-215.1.
The Raleigh Regional Office is providing the Jones Estates Pace LLC an opportunity to provide evidence and
justification as to why the Jones Estates Pace LLC should not be assessed a civil penalty for the violation(s) that
are summarized below:
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202200791 5/25/2022 1,020 clean out from
Debris in line unknown unknown Notice of Violation -
underneath trailer Notice of Intent
North Carolina Depanment of Enrhroranental Quality Division of Water Resources
Raleigh Regional Office 13B00 Barrett Drtve Raleigh North Carolina 27609
9I9.79IA200

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
North Carolna Department of F.iirrrr.r.nei quality 1 DM1on of Water Rewareee
Ralech Regatta' Office 1 3400 Swett Drtve I Redd" North Carolina 27609
919.791.4200