WQCSD0758_NOV-2022-DV-0288_20221010

ROY COOPER
Governor
EUZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 0010
Return Receipt Reqqested
Alex 3 Marshall, Authorize Signatory
Trails of North Hills LLC
4445 Willard Ave Ste 900
North Chevy Chase, MD 20815-3788
NORTH CAROLINA
Environmental Quality
October 10, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0288
Sanitary Sewer Overflows - September 2022
Collection System Permit No. WQCSD0758
The Trails at North Hills
Wake County
Dear Mr. Marshall:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Trails of North Hills LLC. The Division's Raleigh Regional Office concludes that the Trails of North Hills LLC violated
Permit Condition I (2) of Permit No. WQCSD0758 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 Trails of North Hills LLC an opportunity to provide evidence and
justification as to why the Trails of North Hills LLC should not be assessed a civil penalty for the violation that
is summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202201423 9/6/2022
1914 Generation Dr., Pipe Failure (Break) Notice of Violation -
Raleigh NC Notice of Intent
Nash Carolina Department of Envaaranenul Quality I DMslon of Water Resources
Rekgh Regional Oftke 3800 Barren Drive ! Raleigh North Groin 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,
1,„4-
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of rnsirmonereal Quality I Dtvlalon of Water Resources
Raleigh Regional Office 13ROO Barrett Mire Raleigh North Comma 27609
919.7914200