WQCSD0768_NOV-2023-DV-0180_20230421

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ROY COOPER
Governor
EL[ZABETH S.BISER
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Se-retor
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RICHARD E. ROGERS,JR. NORTH CAROL NA
Director- Environmental Quality
Certified Mail # 7020 3160 0000 4109 1031
Return Receipt Requested
April 21, 2023
Greg Nichols, Construction VP of Gci Residential LLC
5405 Etta Burke Ct
Ste 101
Raleigh, NC 27606
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0180
Sanitary Sewer Overflows - March 2023
Collection System Permit No. WQCSD0768
Legacy Wake Forest
Wake County
Dear Mr. Nichols:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Gci Residential LLC. The Division's Raleigh Regional Office concludes that the Gci Residential LLC violated Permit
Condition I (2) of Permit No. WQCSD0768 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 Gci Residential LLC an opportunity to provide evidence and justification
as to why the Gci Residential 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
202300567 03/27/2023 Unknown 1200 Bradford Park Rd, Other Unknown Unknown Notice of Violation -
Wake Forest, NC, Notice of Intent
27587
North Carolina Otpartrnent of Envnonmtntal Qualay I Dlvlslon of hater Resources
D`E Raleigh Rrglotw I Office 3&X)Barrett Drive I Ralellih.North Carolina 27609
• a^+\ 914.7v1.4100

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 Kevin Fowler with the Water Quality Section in the
Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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North CaroMaDepartment of Cmlroronentai Quality I DIv1s1ono1Water Resources
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919,791.4100