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HomeMy WebLinkAboutNC0060283_Correspondence_20230320 • PROPERTIES america`s home VIA OVERNIGHT DELIVERY March 20, 2023 Ms. Cindy Moore, Supervisor Aquatic Toxicology Branch Division of Water Resources North Carolina Department of Environmental Quality 1621 Mail Service Center Raleigh, North Carolina 27699 Re: Notice of Violation & Intent to Assess Civil Penalty NR NOV_2023_TX-0011 NPDES Permit No. NCO060283 Ridgeview Acres Mobile Home Park Dear Ms. Moore: This letter is in response to your letter dated February 28, 2023,and a follow-up to my letter dated March 2,2023, regarding the notice of violations for failure to provide the required toxicity self- reporting. Copies of these letters are included for your convenience. My March 2, 2023 letter fully addressed this violation. Additionally attached is copy of the recent email correspondence between yourself, Molly Nicholson of your department and Kimberly Jones,Jones Environmental (Operator) dated March 13, 2023, indicating that all reporting has been submitted and up to date. We consider this item to be addressed. If you have any questions, please do not hesitate to call me at(248) 240-2322. Sincerely yours, Richard D. Marengere Utilities Infrastructure Manager Enclosures: 31200 Northwestern Hwy., Farmington Hills, MI 48334 1 Main (248) 626-0737 1 Fax(248) 538-7746 1 rhp-properties.com DocuSign Envelope ID:FAED75D8-A2F1-4FD1-9EA8-D3134DF9AD5C {, S1Arr , t2 _.ti ROY COOPER Governor EUZABETH S.BISER secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality February 28,2023 CERTIFIED MAIL: 70071490 0004 5533 9893 RETURN RECEIPT REQUESTED Joel K.Brown Ridgeview N C M H C,LLC 31200 Northwestern Hwy Farmington Hills,MI 48334 SUBJECT: NOTICE OF VIOLATION&INTENT TO ASSESS CIVIL PENALTY NR NOV-2023-TA:-0011 VAele Effluent Toxicity(WET)Testing - — - - - -- NPDES Permit No.NCO060283/001 Ridgeview Acres Mobile Home Park Buncombe County Dear Permittee: This is to inform you that the Aquatic Toxicology Branch,ATB,did not receive your make-up toxicity self- monitoring report form for the month of December 2022.This is in violation of Title 15A of the North Carolina Administrative Code,Chapter 2,Subchapter 2B,Section.0506(a)(l)(A)which states that"monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made." Please remember that reporting of toxicity self-monitoring data is a dual requirement and per your permit,"All toxicity testing results required as part of this permit condition will be entered electronically using the Division's eDMR system",as well as "Completed Aquatic Toxicity Forms shall be filed with the Water Sciences Section...". A review of your toxicity self-monitoring report forms produced the following results: • November 2022 Ceri7dPF test:Not reported • Make-up December 2022 Ceri7dPF test:Not reported Therefore,this facility will receive a Civil Penalty Assessment after 10 days from receiving this notice. The reverse side of this Notice also contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements.We encourage you to review this information;if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance,please contact —_-- _ Molly Nicholson-at mq&nicholsou(a�n:denr Gov-or(919)-7*3-8W.- - -- — Sincerely, DuSianed by: Ecb: "M Cindy Mooie"Tqua0c Toxicology Branch Supervisor Division of Water Resources,NCDEQ Attachment cc: Daniel Jones,ORC(via email:bi1eagles27(t`gmail.com) Landon Davidson.ARO(via email:landon.davidson( ncdenr.aov) Daniel Boss,ARO(via email:daniel.boss asncdennaov) ATB Enforcement File&Laserfiche North Carolina Department of Environmental Quality I Division of water Resources I Bio Lab 4401 Reedy Creek Road � 1621 Mail Service Center I Raleigh Nonh Camliaa 27699-1621 _— \ 919.743.8400 From: ]ones Environmental To: Richard Marengere Subject: Fwd:[External]February 2023 AT form Date: Monday,March 13,2023 2:45:49 PM Attachments: image002.1)ng This should have everything. Kimberly Jones Jones Environmental Get Outlook for Android From: Jones Environmental<jonesenvironment@yahoo.com> Sent: Monday,March 13,2023,2:18 PM To: molly.nicholson@ncdenr.gov<molly.nicholson@ncdenr.gov>;Richard Marengere <rarengere@rhp.com> Subject: RE: [External] February 2023 AT form Molly Thank you for the assistance with this Facility.The additional test/s have been added to the lab that has/will be taken at Ridgeview. Remaining in compliance with their permit, as required by the State, is of the utmost importance. I appreciate you placing the information into an email both for our client and our records. Kimberly Jones Jones Environmental Sent from LLE for Windows From:Nicholson, Molly Sent: Monday, March 13, 2023 1:19 PM To:jonesEnvironment(@yahoo.com Cc:ATForms.ATB; Moore, Cindy Subject: RE: [External] February 2023 AT form Good afternoon, The NOVs that have been sent to Ridgeview Acres Mobile Home Park (NC0060283)are NOV-2023- TX-0004& NOV-2023-TX-0011, which were regarding missing AT forms for November 2022. Following the NOVs,you sent us the November 2022 AT form by email indicating"No flow",which has resolved the issue.There will be no civil penalties assessed for those NOVs. Thank you for submitting the February 2023 AT form before the deadline of March 31, 2023.This AT form indicates that the toxicity test failed. We will be sending a NOV for this failure in April, but no fee will be due at that time.Your permit requires you to conduct two extra tests after a failed These include a multi-concentration Ceriodaphnia dubia test in March 2023 and another multi- concentration Ceriodaphnia dubia test in April 2023 If these tests have a chronic value above your permit limit (90%),then no further NOVs will be sent. If these tests fail with a chronic value below 90%,you will receive further NOVs and potential civil penalties based on the chronic values. I am attaching your permit to this email. Pages 3-S explain your toxicity requirements. Please refer to this permit to fully understand your testing requirements, and let me know if you have any further questions. Best, Molly Nicholson Environmental Specialist II -Compliance and Enforcement Aquatic Toxicology Branch N.C. Division of Water Resources-Water Sciences Section N.C. Department of Environmental Quality 919-743-8440 Office 919-743-8517 Fax molly.nicholson @ncdenr.gov 1621 Mail Service Center, Raleigh, NC 27699-1623 Submit AT Forms electronically to:ATForms.ATB@ncdenr.gov Email correspondence to and from this address is subject to the Alforth Carolina Public Records Law and may be disclosed to third,parties. From: Mark Jones<outlook_62653FE790F947E5@outlook.com> Sent: Monday, March 13, 2023 11:38 AM To:ATForms.ATB<ATForms.ATB@ncdenr.gov>; Nicholson, Molly<molly.nicholson@ncdenr.gov> Subject: [External] February 2023 AT form CAUTION: External email.Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to t warn Please contact me to discuss NOV received by our Facility today.Thank you Kimberly Jones Jones Environmental Sent from Mail for Windows • PROPERTIES I amei icSs home VIA OVERNIGHT DELIVERY March 2, 2023 Ms. Cindy Moore, Supervisor Aquatic Toxicology Branch Division of Water Resources North Carolina Department of Environmental Quality 1621 Mail Service Center Raleigh, North Carolina 27699 Re: Notice of Violation& Intent to Assess Civil Penalty NR NOV_2023_TX-0011 NPDES Permit No. NCO060283 Ridgeview Acres Mobile Home Park Dear Ms. Moore: This letter is in response to your letter dated February 28, 2023, and letters from your department dated December 14, 2022, regarding the notice of violations for failure to provide the required toxicity self- reporting.Copies of these letters are included for your convenience. Additionally attached is copy of the recent email correspondence between yourself, Molly Nicholson of your department and Kimberly Jones.Jones Environmental (Operator)dated March 1, 2023, indicating that all reporting has been submitted and up to date. We consider this item to be addressed. If you have any questions, please do not hesitate to call me at (248) 240-2322_ Sincerely yours, Richard D. Marengere Utilities Infrastructure Manager Enclosures: 31200 northwestern Hwy., Farmington Hills. Mi 48 34 I Main (248)626-07:37 1 Fax(248)b38 7 746 1 rhp-propeMes.00m