WQ0044809_Notice of Violation_20231031

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

October 31, 2023
CERTIFIED MAIL #7020 3160 0000 2219 3402
RETURN RECEIPT REQUESTED
Brian D. Gower, Chief Executive Officer
Charthouse Holdings, LLC
8771-B Cleveland Road
Clayton, North Carolina 27520
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-CV-0020
Construction and Operation of Pump Station and Sewer Extension Without a Permit
Sewer Extension Permit No. WQ0044809
Overall Collection System Permit No. WQCS00060
Johnston County Public Utilities Mr. Gower:
On October 12, 2023, the Division of Water Resources (DWR) Raleigh Regional Office (RRO) received an
application for a “fast-track” sewer extension permit for a pump station and force main for a
commercial/office building at 8771 Cleveland Road in Clayton, North Carolina. The map and narrative
included in the application package indicated that the pump station and force main for the property were
existing. A search of records performed by RRO staff identified no previous application or permit for this
project. When queried by RRO staff, the engineering consultant who prepared the application, Gary
McCabe, indicated that the system for which the application was submitted had been constructed in 2016,
and had been in operation since that time. This was subsequently confirmed with a revised map and
narrative submitted via email on October 25, 2023. The permit for this extension (WQ0044809) was
issued on October 30, 2023, and the DWR has requested immediate submittal of the engineering
certification for this system.

As the applicant/permittee, you are responsible for obtaining a permit prior to construction and
operation of a sewage collection system. You are hereby advised that construction of a sewer system
without a permit from this Division is a violation of North Carolina General Statute 143-215.1(a)(2) and
142-215.1(a)(8). Accordingly, you are directed to respond to this letter in writing within 10 calendar
days of receipt of this notice. Your response should be sent to this office at the letterhead address and
include the following:

1. A full description of the violation, and why it occurred.
2. An explanation of corrective action taken to ensure this violation does not occur in the future.

DocuSign Envelope ID: 56F84580-8766-4F2E-94CD-ABF492211BAE
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
Pursuant to G.S. 143-215.6A, the above-mentioned violations and any future violations are subject to
a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. The RRO is
considering a recommendation for an enforcement action to include the potential assessment of a civil
penalty. Prior to making any such decision, it is vital that we have all the relevant information. If you
wish to provide additional information regarding the noted violation and/or an explanation as to why
the DWR should not assess a civil penalty in the matter, please include this with your letter.

Upon receipt, the information provided will be reviewed, and if an enforcement action is deemed
appropriate, this information, along with other relevant information, will be considered in this matter. If
you have any questions please contact Michael Hall at [phone] or via email at
[e-mail]. Sincerely,
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Gary J. McCabe, PE, Red Line Engineering, PC Chandra Farmer, PE, Director, Johnston County Public Utilities
Todd Ramsey, Johnston County Health Department Laserfiche

DocuSign Envelope ID: 56F84580-8766-4F2E-94CD-ABF492211BAE