WQ0011313_NOV-2024-PC-0091_20240131

DocuSign Envelope ID: 60703590-C653-4DOA-9B53-103FC5AO343E
ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
RICHARD E. ROGERS, JR.
Director
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ley
NORTH CAROLINA
Environmental Quality
Certified Mail #7021 0950 0001 1209 8917
Return Receipt Requested
January 31, 2024
Elleveve Donahue
Festiva Real Estate Holdings LLC
One Vance Gap Rd
Asheville, NC 28805
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-PC-0091
Permit No. WQ0011313
Peppertree Resort WWTP
Carteret County
Dear Permittee:
The North Carolina Division of Water Resources conducted an inspection of the Peppertree Resort WWTP on
January 24, 2024. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in Non -discharge Permit No. WQ0011313. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Wilmington
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area
Description of Violation
End Use -Infiltration
The dosing tank is severely corroded and needs to be repaired or replaced.
[15A NCAC 02T .0707(j)]
Standby Power
The generator automatic transfer switch does not operate. [15A NCAC 02T .0705(k)]
Record Keeping
The required annual soil analysis of the infiltration fields has not been completed.
[15A NCAC 02T .0108(c)]
Treatment Disinfection
The UV system is inoperable and needs to be replaced by a proper disinfection system.
[15A NCAC 02T .0707(j)]
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DocuSign Envelope ID: 60703590-C653-4DOA-9B53-103FC5AO343E
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.
A plan of action and timeline to address the violations above is requested in writing within thirty (30) days after
receipt of this Notice. A review of your response will be considered along with any additional information
provided. 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 30-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 should have any questions, please do not hesitate to contact Helen Perez with the Water Quality
Regional Operations Section in the Wilmington Regional Office at 910-796-7215.
Sincerely,
DocuSigned by:
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7F141E73B6F3456...
for
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
Eric Curtis — Electronic copy
John Mcgee — Electronic copy
Dan Fortin — Electronic copy
Upload to Laserfiche
North Carolina Department of Envlronmenlal Q-111, I Division of Water Resoa ,
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmingmn North Carolina 25405
910.796,7215