WQCSD0759_NOV-2022-DV-0326_20221114

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Drrrcror
Certified Mail # 7020 3160 0000 4109 0591
Return Receipt Requested
Dean Miller
2800 Erwin Durham Holdings LLC
2626 Glenwood Ave. Ste. 550
Raleigh, NC 27608
Ot:nw
NORTH CAROLINA
Environmental Quality
November 14, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0326
Sanitary Sewer Overflows - October 2022
Collection System Permit No. WQCSD0759
Crossings at 501 Apartments
Durham County
Dear Mr. Miller:
A review has been conducted of the self -reported 24- hour Sanitary Sewer Overflows 2800 Erwin Durham Holdings
LLC. The Division's Raleigh Regional Office concludes that the 2800 Erwin Durham Holdings LLC violated Permit
Condition 1 (2) of Permit No. WQCSD0759 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 2800 Erwin Durham Holdings LLC an opportunity to provide evidence
and justification as to why the 2800 Erwin Durham Holdings LLC should not be assessed a civil penalty for the
violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202201612 10/20/2022 unknown 4230 Garrett Rd, Other unknown unknown Notice of Violation -
Durham, NC, 27707 Notice of Intent
N,xth Carolina Department of L in iromnental Qrtairy 1 Division nt Wale, Resource..
Raleigh Regional Off ice }BOO Ba• rest Drive 1 Raleigh. North Carolina 2i600
919.014700

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 Carolina Deparrment of invironmental Quality I DNI.StOn of Warer Resource!.
Raleigh Regional Olhoe 3800 Sarreu Urine Raleigh. North Carolina 27609
919.7914100