NC0047091_Notice of Violation_20230905 (3)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 5, 2023
Certified Mail # 7020 3160 0000 3280 5166
Return Receipt Requested
Maryjane Kurlander, Owner
Kurlander Boggs Investments LLC
80 South Lake Avenue, Suite 719
Pasadena, CA 91101
Certified Mail # 7018 3090 0001 2322 7225
Return Receipt Requested
Makaylan Jarrett, Property Manager
Kurlander Boggs Investments LLC
2812 Plantation Road
Concord, NC 28027
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LR-0043
Permit No. NCO047091
Silver Maples Community
Cabarrus County
Maryjane Kurlander and Makaylan Jarrett:
A review of the April 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Monitoring Violation(s):
Sample
Location
001 Effluent
Monitoring
Date Frequency Type of Violation
04/2023 Monthly Late/Missing DMR
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 NPDES WW 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.
D_E QNorth Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699 or via [e-mail].
Sincerely,
EA
DocuSigned by:
44" H P44-ft
Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
�. Q
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 26115
704,663.1699