NC0088056_Notice of Violation_20240718

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July 18, 2024

Ed Nunez, Agent Registered
Vista Developers, LLC
[e-mail]

SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2024-LV-0651
Permit No. NC0088056
Blacksmith Run WWTP
Henderson County

Dear Permittee:

A review of the May 2024 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:

Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation _________________________________________________________________________________________________________________________________________________________________________
001 Effluent Coliform, Fecal MF, MFC Broth, 5/14/2024 400 500 Daily Maximum Exceeded
44.5 C (31616) _________________________________________________________________________________________________________________________________________________________________________

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. Please respond in writing within thirty (30) business days after receipt of this Notice, stating whether the
violation(s) has been corrected, or if it is of an ongoing nature. If the violation(s) has been resolved, your
response should include a description of the actions that were taken to address the violation(s) and to prevent
their reoccurrence.

If the violations cited in this Notice are of a continuing nature, you must provide a report to DWR’s Asheville
Regional Office that includes the following information:

● Owner and Facility Name, and NPDES Permit Number.
● A list of violations that have occurred during the noncompliant episode.
● A statement summarizing the facility’s investigation of the noncompliance, indicating its cause.
● The facility’s corrective action plan or strategy to address the noncompliance.
● A statement describing the facility’s implementation of its corrective action plan, including the date of an
anticipated return to consistent compliance.
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Your response and/or report should be submitted to my attention to the address at the bottom of the first
page, or you may send it as an attachment to an email to [e-mail]. Either form of
reply should be submitted within thirty (30) business days.

If continuing violations are not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, you may wish to consider applying for a Special Order by Consent (SOC). Please be aware
that it is a condition of your NPDES permit that you adequately address such violations (Part II, Section B. 2 -
the “Duty to Mitigate” condition). Violations of a continuing nature can justify the assessment of increased civil
penalty amounts to address the noncompliance.

If you have any questions concerning this matter, wish to request technical assistance, discuss overall
compliance, or explore the possibility of entering into a SOC, please contact Richard Eguino of the Asheville
Regional Office at 828-296-4500, or via email at [e-mail].

Sincerely,

Daneil Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: Laserfische
Kenneth Rummel (ORC), [e-mail]
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