NC0020478_NOV-2022-LV-0611 NOI_20220906

DocuSign Envelope ID: B54A2C8F-75A4-43CE-AA91-03388B57B6EB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROCERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7021 2720 0000 1259 3692
Return Receipt Requested
September 6, 2022
James Melonas
USDA U S Forest Service
160 Zillcoa St
Asheville, NC 28801-1082
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-LV-0611
Permit No. NC0020478
Lake Powhatan Recreation Area
Buncombe County
Dear Permittee:
A review of the May 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
001 Effluent BOD, 5-Day (20 Deg. C) - 5/11/2022 45 66 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent Coliform, Fecal MF, MFC Broth, 5/11/2022 400 1,200 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent Solids, Total Suspended - 5/11/2022 45 57 Daily Maximum Exceeded
Concentration (C0530)
001 Effluent Coliform, Fecal MF, MFC Broth, 5/18/2022 400 1,200 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent Coliform, Fecal MF, MFC Broth, 5/25/2022 400 1,200 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent Coliform, Fecal MF, MFC Broth, 5/31/2022 200 583.32 Monthly Geometric Mean Exceeded
44.5 C (31616)
8 hollzroltra oeaa ceI 20f£nWroH19h6. 0IIlb rmmoo.Wrt crRllno28z
r�n�emrzgioraiomr�l aovous.niynw,rro i s.,�e�a.Nonn crrouraaezra

DocuSign Envelope ID: B54A2C8F-75A4-43CE-AA91-03388B57B6EB
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.
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 Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Ec: LF
Sincerely,
,-DocuSigned by: J
Anui
2-2
"-E397192DABFB4FF...
Daniel Boss, Asst. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
North Caroll. Department of DAronmental Quality I DlvIslon of Water Resources
aze ae Re9WnalOHSlre l 2090 US 70 l S�.annama. North Catalina 28>a8