WQCS00030_Notice of Violation NOV-2024-CV-0010_20240906

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ROY COOPER _ n
Governor
ELIZABETH S.BISER R * a2
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
September 6, 2024
Mark Boyce, Senior Project Manager
True Homes, LLC
2649 Brekonridge Centre Dr.
Monroe, NC 28110
(also delivered via email to mboyice(cD_truehomesusa.com)
Subject: NOV-NOI: Notice of Violation with Notice of Intent
NOV-2024-CV-0010
Incident#202402057
Hidden Lakes Phases 6, 7, & 8
Iredell County
Dear True Homes, LLC,
On August 21, 2024, staff of North Carolina Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), received a notification from the staff of the City of
Statesville Public Utilities regarding Hidden Lakes Development without the proper
documentation submittals. On August 22, 2024, DWR-WQROS staff conducted a site inspection
of the sewer system for Hidden Lakes Phases 6, 7, & 8. A review of the site, the wastewater
disposal system, and DWR records reflected non-compliance with North Carolina General
Statutes 143-215.1. Accordingly, the following violations were documented during the inspection:
Violation 1: Failure to obtain a proper permit pursuant to § 143-215.1. "Control of sources
of water pollution;permits required" North Carolina General Statute 143-215.1.(a) states
"Activities for Which Permits Required. — Except as provided in subsection (a6) of this section,
no person shall do any of the following things or carry out any of the following activities unless
that person has received a permit from the Commission and has complied with all conditions set
forth in the permit:
(2) Construct or operate any sewer system, treatment works, or disposal system within
the State.
(3) Alter, extend, or change the construction or method of operation of any sewer
system, treatment works, or disposal system within the State.
(8) Enter into a contract for the construction and installation of any outlet, sewer system,
treatment works, pretreatment facility or disposal system or for the alteration or
extension of any such facility."
No sewer extension permit has been issued for Hidden Lakes Phases 6, 7, and 8 by the
Division and no permit application was submitted prior to the site visit on August 22,
2024. During the site visit, DWR staff confirmed that the True Homes, LLC had already
constructed, installed, and put into service approximately 10,400 linear feet of 8-inch
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
vMooresville Regional Office 1 601 East Center Avenue,Suite 301 1 Mooresville,NC 28115
704.663.1699

gravity sewer as part of the Hidden Lakes project, without previously obtaining a sewer
extension permit. Construction of a sewer system without a valid permit is a violation of
NC General Statute 143-215.1(a)(2). Modification or operation of a sewer system without a
valid permit is a violation of NC General Statute 143-215.1(a)(3). Additionally, entering
into a contract for the construction and installation of sewer systems without benefit of a
permit from this Division is a violation of North Carolina General Statute 142-215.1(a)(8).
Required Corrective Actions and Written Response
DWR requires that the above-mentioned violations be abated immediately. The following
corrective actions are needed to bring the site into compliance:
1. For Violation 1: Provide a full and complete application for a valid permit with any
necessary documentation for Hidden Lakes Phases 6, 7, and 8 to the Division
within thirty (30) days from the receipt of this Notice. In addition, provide all
applicable Engineering Certification form(s)with associated documentation
signed and sealed by an appropriate professional for Hidden Lakes Phases 6, 7,
and 8 to the Division within thirty (30) days from the receipt of this Notice.
You are also directed to respond in writing within fifteen (15)calendar days of receipt of this Notice.
Your response should be sent to my attention at the letterhead address and must include the
following:
1. In writing, describe actions you have taken, or propose to take, to address the
violations listed above, both now and in the future.
This Office is considering sending a recommendation for enforcement to the Director of the
Division of Water Resources regarding these issues and any future/continued violations that may
be encountered. This office requires that the violations, as detailed above, be abated immediately
and properly resolved. Pursuant to G.S. 143-215.6A, these 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. Your above-mentioned response to this correspondence, the degree and extent of harm
to the environment and the duration and gravity of the violation(s) will be considered in any civil
penalty assessment process that may occur.
If you have any questions or concerns regarding this Notice, please contact Sierra Patterson or
Karla Fueyo with the Water Quality Regional Operations Section in the Mooresville Regional
Office at [phone] or [phone] or by email at sierra.patterson(0J).deg.nc.gov or
karla.fueyo(@deg.nc.gov, respectively.
Sincerely,
DocuSigned by:
F161 FB69A2D84A3...
Andrew H. Pitner, P.G.,
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 601 East Center Avenue,Suite 301 1 Mooresville,NC 28115
NORTH CAROLINA _
Depwbnwd ofEW—m�vlaa\ �./ 704.663.1699

Attachment: Photographs from Site Visit dated August 22, 2024.
CC: MRO File Copy
NCDEQ DWR- Laserfiche File (Laserfiche)
William E. Vaughan, Public Works Director- City of Statesville
(wva u g h n(a-statesvi l i e n c.net)
Andrew McDonald, PE, True Homes, (amcdonald(o-)truehomesusa.com)
David Klausman, PE, V3 Southeast (via dklausman(a)v3co.com)
Mark Momsen, PE, V3 Southeast (via mmomsen(a-)-v3co.com)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 601 East Center Avenue,Suite 301 1 Mooresville,NC 28115
NORTH CAROUNA _
Depwbnwd ofEW—m vlaa\ �./ 704.663.1699

Attachment
Figure 1: Photographs from Site Visit on August 22, 2024, showing the completed and
operational sewer system.
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D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 601 East Center Avenue,Suite 301 1 Mooresville,NC 28115
NORTH CAROUNA _
ofEWm—vla.a\ �./ 704.663.1699