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Home My WebLink AboutNC0003174_NOV-2023-PC-0218_20230621ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail Return Receipt Requested #7022 1670 0000 9974 3964 NORTH CAROLINA Environmental Quality June 21, 2023 Chasity Brooke, LLC Attn: Mr. G. Christopher Fulcher, Registered Agent Post Office Box 250 Oriental, North Carolina 28571-0250 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2023-PC-0218 Chasity Brooke, LLC FV Chasity Brooke — In -Water Boat Maintenance Oriental, Pamlico County, North Carolina Dear Mr. Fulcher: The North Carolina Division of Water Resources conducted an investigation at Fulcher's Point Pride Seafood on February 14, 2022 in response to reports of in -water boat maintenance activities resulting in water quality impacts. Findings from the investigation performed by Washington Regional Office staff noted the following: in -water boat maintenance including media blasting was performed on FV Chasity Brooke while docked at the Fulcher's Pointe Pride Seafood facility in Oriental on or about February 12, 2022. The referenced activities resulted in paint, debris and particulates being discharged to surface waters in the vicinity of the vessel. Surface waters within Oriental Harbor, Greens Creek, and/or Racoon Creek were impacted from the referenced activities. As a result, the following violations were identified: Violation 1: Water Quality Standards; 15A NCAC 213.0220 (10) 15A NCAC 2B .0220(10) states in part, "Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, aquatic life, and wildlife or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, or colored or other wastes shall include substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines, as described in 40 CFR 110.3, incorporated by reference including any subsequent D E Q�� North Carolina Department of Environmental Quality Division of Water Resources Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NO"T""n0` � ` 252-946-6481 �E� Uuai b amendments and editions." The volume and/or amount of residue originating from in water maintenance activities resulted in discoloration and caused a film on the water affecting aesthetic quality or impairing waters for any designated uses. Violation 2: Discharge Without Permit; NCGS 143-215.1(a)(1) and 143-215.1.(a)(6) North Carolina General Statute (G.S.) 143-215.1. (a)(1) states in part, "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: Make any outlets into the waters of the State." G.S. 143-215.l(a)(6) states in part, "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: Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. " The subject activity was not conducted under the authority of a permit, special order or other appropriate instrument. This Notice of Violation/Notice of Intent to Assess Civil Penalty is being issued for the noted violations. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of twenty-five thousand dollars ($25,000.00) per day for each violation. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. 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. Your response to this correspondence will be considered in any civil penalty assessment process that may occur. You will then be notified of any civil penalties that may be assessed regarding the violations. North Carolina Department of Environmental Quality Division of Water Resources D E Q :> Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 Moan-icrwauru 252-946-6481 If you should have any questions, please do not hesitate to contact Allen Stewart with the Water Quality Regional Operations Section in the Washington Regional Office at 252-946-6481. Sincerely, volwj ' - " David May, L.G., Supervisor Water Quality Regional Operations Section Division of Water Resources Washington Regional Office cc: Laserfiche North Carolina Department of Environmental Quality Division of Water Resources D E Q :> Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 "oanlcrwa�� 252-946-6481 Nor ownd.ema 6mFumnnlM aueiro