WQCSD0775_NOV-2023-DV-0384 Notice of Intent_20231107

Certified Mail # 7020 3160 0000 4115 0363
Return Receipt Requested

November 07, 2023

James Kane
Th Property Owner 9 LP
400 Galleria Pkwy Se Ste 1450
Atlanta, GA 30339-5989

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0384
Sanitary Sewer Overflows - October 2023
Collection System Permit No. WQCSD0775
4712 Dansey Drive
Wake County

Dear Mr. Kane:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by
Th Property Owner 9 LP. The Division’s Raleigh Regional Office concludes that the Th Property Owner 9 LP
violated Permit Condition I (2) of Permit No. WQCSD0775 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 Th Property Owner 9 LP an opportunity to provide evidence and
justification as to why the Th Property Owner 9 LP 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
_________________________________________________________________________________________________________________________________________________________________________
202301473 10/18/2023 1,252 4716 DANSEY DRIVE, Pipe Failure (Break), 3,416 3,416 Notice of Violation
RALEIGH, 27616 Vandalism _________________________________________________________________________________________________________________________________________________________________________

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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,

Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Cc: Laserfische
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