WQCSD0759_NOV-2022-DV-0326_20221202

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4115 5467
Return Receipt Reauested
Nathan Friedman
Durham Holdings 500 LLC
300 Frank W Burr Blvd Ste 68
Teaneck, NJ 07666
NORTH CAROLINA
Environmental Quality
December 02, 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. Friedman:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Durham Holdings 500 LLC. The Division's Raleigh Regional Office concludes that the Durham Holdings 500 LLC
violated Permit Condition I (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 Durham Holdings 500 LLC an opportunity to provide evidence and
justification as to why the Durham Holdings 500 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
4230 Garrett Rd, Other unknown unknown Notice of Violation
Durham, NC, 27707
Building M
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Oifke 13800 Barren Drive I Raleigh North Carolina 2T609
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].
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Ewan/were.' Quality Division of Wam Resources
Raklph Regbnal Office 1 3600 Barrett Dine Mel North Carolina 27609
919.791.4200