WQ0044190_NOV-2-23-CV-0004_20230330

Misti Boles Whitman
Samantha N. Smith
Josephine L. Citrin
(1948-2021)
Cilturin
., itman PA.
ATTORNEYS AND COUNSELORS AT LAW
P.O. Box 966 • 22 Winston Street
Thomasville, North Carolina 27361-0966
citrinandwhitman.com
March 24, 2023
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Telephone
[phone]
Facsimile
[phone]
NC Department of
Environmental Quality
Received
MAR 3 0 2023
Winston-Salem
Regional Office
Re: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking -Number: NOV-2023-CV=0004
Construction of'Sewer Extension Without a Permit
Wastewater Collection System Extension Permit No. WQ0044190
Denton Duplex Townhomes -- Clayton Shuler
Davidson County
Dear Ms. Graznak:
I am the attorney for the Town of Denton, Davidson County, North Carolina. I am in receipt of
your letter of March 20, 2023 to Mr. Shuler regarding this project and your consideration of a
recommendation in favor of an enforcement action to include the potential assessment of a civil
penalty. As such, I feel it is imperative to explain the circumstances surrounding the
construction of this sewer and water line and the subsequent requirement for permitting and
engineering.
When Mr. Shuler applied for his zoning permit with the Town of Denton, the interim Town
Manager, Kelly Craver, reviewed the applicable town ordinances and determined that Mr. Shuler
could proceed with building his requested duplex units and could install a private line to connect
to the Town's sewer system. This private connection would not require any engineering nor any
permit from your office. They determined that the subdivision ordinance was not applicable to
Mr. Shuler's project.
Unfortunately, after the private line was installed and the first duplex was constructed, it came to
our attention that the Town's subdivision ordinance may not have been interpreted correctly. I
reviewed the Town's ordinance as written and I believe that there was in fact and incorrect
interpretation. I met with Mr. Shuler and his team and explained the error and informed him that

even though he owned the lot upon which the duplexes were being constructed and the lot is not
being divided, the strict language of the subdivision ordinance would apply since Mr. Shuler
would have multiple building sites. Therefore, there would be additional requirements that
would need to be met before a certificate of occupancy would be issued for the existing newly
constructed duplex and the other proposed duplexes.
Among the additional requirements, the Town's subdivision ordinance requires that the water
line servicing the duplexes must have engineered drawn plans submitted to DEQ for
approval. The water line must be inspected and as built drawings sent to DEQ for
approval. After a year of warranty, the town would be responsible for the water line to the
meter. The Town's subdivision ordinance allows the sewer line to remain private if NCDEQ
approves.
Please understand that Mr. Shuler has done everything in accordance with the proper procedure.
He applied for all permits and followed all requirements. If the subdivision ordinance had been
interpreted differently at the outset, Mr. Shuler would have initially applied for a permit with
your office. Mr. Shuler's failure to apply for a permit was a direct result of the Town of Denton
informing him that it was not necessary.
We urge you to forgo an enforcement action and civil penalty in this matter as Mr. Shuler acted
in good faith in this process and at no time did Mr. Shuler attempt to avoid any requirements.
Should you have any additional questions, I am happy to assist.
Thank you for your prompt attention to this matter.
Very truly yours,
Misti Boles Whitman
Attorney at Law
cc: Mack Summey, PE
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Devin Blake (d_evin(c-i�summeyen ineerin cam)
Angel Jenkins, Denton Town Manager (angel. [e-mail])
Wayne Shuler (waynesC shuiermeats.com)