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HomeMy WebLinkAboutNC0020478_NOV-2022-LV-0611 NOI_20220906DocuSign 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