WQCSD0757_NOV-2022-DV-0235_20220919

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 0324
Return Receipt Requested
Highmark Residential, LLC
C/O Corporation System, Registered Agent
160 Mine Lake Ct Ste 200
Raleigh, NC 27615
NORTH CAROLINA
Environmental Quality
September 19, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0235
Sanitary Sewer Overflows - July 2022
Collection System Permit No. WQCSD0757
Overlooke at Simms Creek Apartments
Wake County
Dear Madam or Sir:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Highmark Residual, LLC. The Division's Raleigh Regional Office concludes that Highmark Residential, LLC violated
Permit Condition I (2) of Permit No. WQCSD0757 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 Highmark Residential, LLC an opportunity to provide evidence
and justification as to why Highmark Residential, LLC should not be assessed a civil penalty for the violation(s) that
are summarized below:
Incident Start Duration
Number Date (Mins) Location
202201212 7/26/2022
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
4730 Archean Way Pipe Failure (Break) undetermined undetermined Notice of Violation —
Notice of Intent
North Carolina Department ofEnvironmental Qualhr 1 Division of water Resarce$
Raleigh Regional. Office 1 3800 Barrett Drive I Rak4Qk North CaruLta 27609
919.791.4200

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].
Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North Carolina Deportment ofEnvironmental Q inky Division of Water Resources
Weigh Regional Office ce 13B00 Barrett Drive ' Raleigh. North Carolina 27609
919.791.4200