NC0088056_NOVNOI2023LV0743_20231018

DocuSign Envelope ID: 2FC6DE28-AB39-4F1D-9162-2EOOABBD6541
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ROY COOPER
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ELIZABETH S. BISER.�•
Secretary
RICHARD E. ROGERS, JR.
NORTH CAROLINA
Director
Environmental Quality
Certified Mail # 7022 2410 0003 1437 2310
Return Receipt Requested
October 18, 2023
Ed Nunez, Registered Agent
Vista Developers, LLC
525 N Main St
Hendersonville, NC 28792
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0743
Permit No. NCO088056
Blacksmith Run WWTP
Henderson County
Dear Permittee:
A review of the July 2023 Discharge Monitoring Report (DMR) 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 Effluent Coliform, Fecal MF, MFC Broth, 7/5/2023 400 1,700 Daily Maximum Exceeded
44.5 C (31616)
001 Effluent Coliform, Fecal MF, MFC Broth, 7/11/2023 400 618 Daily Maximum Exceeded
44.5 C (31616)
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.
North Camilna oepanmen[nf Envlronmen[al ONall[yl6lvisionof Water 2esaur[es
Asheville Regionaloffecel 2090USHIgh—y70I Swannano No hCarulEna2BT18
F 828.196.4500

DocuSign Envelope ID: 2FC6DE28-AB39-4F1D-9162-2EOOABBD6541
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 clays 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 Rachel Rose of the
Asheville Regional Office at 828-296-4500.
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Sincerely,
EvDocuSigned by:
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Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
N-11:1o1111 Departmentof[nvlmnmerrtal Quality l Division of Water Resources
Asheville Aegi—I office) 2090 U.S, Hil 701 Swannan-, Noah C... H. 28775
F 628.296.4500