WQCS00071_NOV and Intent to Assess_20240325

Roy COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
srnre
NORTH CAROLINA
Environmental Quality
Certified Mail # 7019 1120 0001 5505 1633
Return Receipt Requested
March 25, 2024
Amy Davis, Town Manager
Town of Boone
PO Drawer 192
Boone, NC 28607-0192
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0170
Sanitary Sewer Overflows - February 2024
Collection System Permit No. WQCS00071
Boone Collection System
Watauga County
Dear Ms. Davis:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Boone. The Division's Winston-Salem Regional Office concludes that the Town of Boone violated Permit
Condition I (2) of Permit No. WQCS00071 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 Winston-Salem Regional Office is providing the Town of Boone an opportunity to provide evidence and
justification as to why the Town of Boone 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
202400482 2/16/2024 482 346 Howard Street, Pipe Failure (Break) 7,000 7,000 Notice of Intent
Boone, NC, 28607
craw D ��� North Carolina R'gi l Offirr 1 450 Wt l Q�alily l D,d.5 il300 1r Resonrces
Wlnsioa-Salem Regional Office 4`.A Wes[Hanes Mill Road, Suite 300 � Wlnsmn-Salem, North CarolEna 2I105
336W69600

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 Gary Hudson with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
Docu Siiggned by:
L uti l . <Jn. J"
1.49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
North Carolina 6rpartmr ofE,,r.... otal Quality l Oivisim of Water Resources
Wlnstnn. Salem Regional Office 1450 West Hanes Mill Ra45uite300 I Winston-S,le North Carolina 27105
336,7769800