WQCSD0764_NOV-2023-DV-0076_20230210

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 41.15 5962
Return Receipt Requested
Chris Parrish
Towne Properties
10601 Arnold Palmer Dr
Raleigh, NC 27617
NORTH CAROLINA
Environmental Quaity
February 10, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0076
Sanitary Sewer Overflows - January 2023
Collection System Permit No. WQCSD0764
Trivium at Briar Creek
Durham County
Dear Mr. Parrish:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 24-Hour Report's submitted by
Towne Properties. The Division's Raleigh Regional Office concludes that the Towne Properties violated Permit
Condition I (2) of Permit No. WQCSD0764 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 Towne Properties an opportunity to provide evidence and justification
as to why the Towne Properties 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
202300159 1/22/2023 unknown 1127 Brightskies St, Grease unknown unknown Notice of Violation -
Morrisville, NC, 27560 Notice of Intent
North Carolina Department of Environmental Quality : Division of Water Resources
Raleigh Regional Office i WOO Barrett Drive i Raleigh North Carolina 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].
Laserfiche
Sincerely,
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Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Eintronmentaf Nallty I Division of wars foewuraa
Ralegh Reglonoi Office 13600 Barra, Drive I Raid North Carolina 27609
919.791A200