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Home My WebLink AboutNC0086436_NOVNOI2024LV0728_20240816 Certified Mail # 9589 0710 5270 0475 7151 30 Return Receipt Requested August 16, 2024 Clark Wyatt, Director Maintenance Buncombe County Schools 175 Bingham Rd Asheville, NC 28806 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2024-LV-0728 Permit No. NC0086436 Cane Creek Middle School Buncombe County Dear Permittee: A review of the June 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 BOD, 5-Day (20 Deg. C) - 6/11/2024 45 56.3 Daily Maximum Exceeded Concentration (CO310) _________________________________________________________________________________________________________________________________________________________________________ 001 Effluent BOD, 5-Day (20 Deg. C) - 6/30/2024 30 30.45 Monthly Average Exceeded Concentration (CO310) _________________________________________________________________________________________________________________________________________________________________________ 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 NPDES WW 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. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. Please respond in writing within ten (10) 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. Docusign Envelope ID: 138996A2-CE5C-4D3E-89C8-955F8C039FAE 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. 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 ARONOVResponse@deq.nc.gov. Either form of reply should be submitted within ten (10) business days. Furthermore, if you wish to provide any additional information regarding the noted violation(s) that may affect the Division’s enforcement response, please include that information as part of your response. This information, along with statements provided on the submitted Monitoring Report(s), will be evaluated in the consideration of any assessment of civil penalties related to the violation(s). 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 Mikal Willmer of the Asheville Regional Office at 828-296-4686, or via email at mikal.willmer@deq.nc.gov. Sincerely, Andrew Moore, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: LF Docusign Envelope ID: 138996A2-CE5C-4D3E-89C8-955F8C039FAE o m IN .. a In P R r=1 r tt u � x UPI Certilled Mail Fee M1 $ Extra services& Fees (checkGov, aWAaeasappmprleu,) p ❑ Ream Receipt (neNwPY) $ ❑ Ream Recelpt(eleckorlo) $ ❑ cedmea Mal RaaWRetl Delivery $ M1' []Aauh$IgraaeRe ulrea $ fU [Aduhsieeaare RevskMod Delivery$ LrI Postage C3 ra Total Postage and F.- M1 r3 $ Clark Wyatt, Director Maintenance ErBuncombe County Schools Lr)175 Bingham Rd E' Asheville, NC 28806 ■ Complete items 1, 2, and 3. A. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the meilpiece,.. Postmark /�Hlere�n ny / Y , w — N cle Addressed to: D. Is delivery address different from item _ If YES, enter delivery address, below: Clark Wyatt, Director Maintenance V I I '`Buncombe County Schools AUG 4 2UG`t l J 175 Bingham Rd i L LUG ' Asheville, NC 28806 Agent Addre III IIII'I IIII I'l II'llll IIII III'IIIIIIIIIIII III 3. Jservice Type. ❑:Priority Mall ExprassO [I Adult El Registered Mail- alluXlt Signature Restricted Delivery ❑ Registered Mall Restricted ❑ 9590 9402 8770 3310 7733 25 ❑ Certified Mail Restricted Delivery ❑ Signature ConfirrralionT ❑ Collect on Delivery m -1--ture Confirmation 2. Article Number(11ansfer from service label) ❑" Collect , led Dalkon, ❑ i,m,d, NOV-2024-LV-0728(MW) 9589 0710 5270 0475 7151 30 1 NCO086436(BUNCO) PS Form 3811, July'2020 PSN 7530-02-000-9053 Domestic Return Receipt