WQ0044190_NOV-2023-CV-0004_20230320

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 20, 2023
Certified Mail # 7019 1120 0001 5505 0889
Return Receipt Requested
Mr. Clayton Shuler
240 Ed Sink Road
Thomasville, NC 27360
SUBJECT: 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 Mr. Shuler:
On March 15, 2023, staff in the Division of Water Resources (DWR) Winston-Salem Regional
Office (WSRO) received an email from Summey Engineering Associates, PLLC explaining that
the referenced sewer extension had been constructed prior to a permit being applied for and issued.
The events of note are as follows:
• The application for Denton Duplex Townhomes was received by WSRO on March 7, 2021.
• A permit was issued (WQ0044190) by WSRO on March 9, 2023 and emailed to you and
Summey Engineering Associates, PLLC on March 13, 2023.
• The Engineering Certification and As -Built drawings were received via email by WSRO on
March 15, 2023, and the engineer stated that the project had been built prior to the issuance of
the permit. That piece of information was not communicated in the application or project
narrative.
• Staff from WSRO visited the project location in Davidson County on March 16, 2023 and
confirmed that construction has taken place.
As the applicant/permittee, you are responsible for obtaining a permit prior to construction, and
prior to entering into a contract for the construction and installation of a sewer line. You are
hereby advised that you are in violation of North Carolina General Statutes 143-215.1(a)(2) and
143-215.1(a)(8) as follows:
§ 143-215.1. Control of sources of water pollution; permits required
(a) Activities for Which Permits Required. - Except as provided in subsection (a6) of this
section, no person shall do any of the following things or carry out any of the following
activities unless that person has received a permit from the Commission and has complied
with all conditions set forth in the permit:
D E Q✓� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CARCUNA
D. M.e m E.n­w 0­/"� 336.776.9800

(2) Construct or operate any sewer system, treatment works, or disposal system within the
State.
(8) Enter into a contract for the construction and installation of any outlet, sewer system,
treatment works, pretreatment facility or disposal system or for the alteration or extension
of any such facility.
The enforcement options available to the Division for violations of the previously referenced
statutes are found at NCGS 143-215.6 A, B and C and include civil penalties, and /or injunctive
relief. The civil penalties for the violations may be as high as $25,000 per day, per violation.
This office is considering a recommendation in favor of an enforcement action to include the
potential assessment of a civil penalty. Prior to making any such decision, it is vital that we have
all the relevant information. If you wish to provide additional information regarding the noted
violation and/or an explanation as to why the Division should not assess a civil penalty in this
matter, please respond in writing within twenty (20) business days after receipt of this Notice. Any
additional information will be reviewed, and if an enforcement action is still deemed appropriate,
this information, along with other relevant information will be considered in this matter.
If you have questions concerning this matter, please contact me at [phone] or via e-mail at
j enny_fzraznaknncdenr. gov.
Sincerely,
DocuSigned by:
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Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
cc: Mack Summey, PE (mack&summeyen _ ine�ering com)
Devin Blake (devin(a),summeen ing eering com)
Angel Jenkins, Denton Town Manager(ang_el.jenkinsgtownofdenton.com)

NORTH CAROLINA
Environmental Quality