WQ0011313_NOV-2023-LV-0585_20230830

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1.e. SPATE Q
`yam-
ROY COOPER
covernor
ELIZABETH S. BISER.�•
Secretary
RICHARD E. ROGERS, JR.
NORTH CAROLINA
Director
Environmental Quality
Certified Mail # 7021 2720 0002 3808 2567
Return Receipt Requested
September 1, 2023
H Catherine Claussen, President
Festiva Real Estate Holdings LLC
One Vance Gap Rd
Asheville, NC 28805
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0585
Permit No. WQ0011313
Peppertree Resort WWTP
Carteret County
Dear Permittee:
A review of the June 2023 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 BOD, 5-Day (20 Deg. C) 6/30/2023 10 12.08 Monthly Average Exceeded
(00310)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. 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.
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DocuSign Envelope ID: AFD963B6-66CF-455C-AF38-113F67D65129
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. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
If you have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
DDocuSigned by:
'Cow 'Ilnarr-i OA,
7F141E73B6F3456... for
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
Dan Fortin — electronic copy
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