WQCS00030_NOV and Intent to Assess_20240906

O�
ROY COOPER _ n
Governor
ELIZABETH S.BISER R * a2
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
September 6, 2024
Ron Smith, City Manager
City of Statesville
P.O. Box 1111
Statesville, NC 28687
Subject: NOV-NOL Notice of Violation with Notice of Intent to Enforce
NOV-2024-PC-0504
Incident#202402055
Permit#WQCS00030
City of Statesville Collection System
Iredell County
Dear Mr. Smith,
On August 21, 2024, the North Carolina Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), was notified by the City of Statesville Public Utilities
about the construction of an unpermitted wastewater collection system extension in the Hidden
Lakes Development for phases 6, 7 and 8. A file review and an inspection conducted by DWR
WQROS staff on August 22, 2024, confirmed that this extension was built without obtaining the
necessary Fast-Track Sewer Extension Permit. The inspection also revealed that the City of
Statesville Public Utilities has been receiving wastewater flows from this unpermitted system. This
constitutes a violation of the City of Statesville's Collection System Permit No. WQCS00030, as
well as the North Carolina Administrative Code (NCAC) 02T and North Carolina General Statute
(G.S.) 143-215.1. It is the permittee's responsibility to ensure that all new wastewater flows are
properly evaluated and permitted prior to being accepted. This requirement is crucial to prevent
exceeding the facility's design capacity and to avoid potential compliance issues, such as sanitary
sewer overflows.
Violation:
1. Receiving wastewater flows from the newly constructed collection system
extension located within Hidden Lakes Development (phases 6, 7 and 8) without
proper authorization.
Permit Condition 1.3. specifies: "The Permittee shall establish by ordinance, inter-local
agreement or contract its legal authority to require new sewers be properly constructed;
to ensure proper inspection and testing of sewer mains and service laterals; to address
flows from satellite systems and to take enforcement action as required by Condition
1(4)." [G.S. 143-215.913; G.S. 143-215.1(f)(1)]
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
704.663.1699

Required Corrective Action and Written Response
DWR requires that the above-mentioned violation(s) be abated immediately. The following
corrective action is needed to bring the facility into compliance:
1. Submit a detailed corrective action plan to our office within 30 calendar days of
receipt of this Notice. The plan should outline the steps 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 violation(s), as detailed above, be abated
immediately and properly resolved. Pursuant to G.S. 143-215.6A, these violations and any future
violations may incur civil penalties up to $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 violations will be considered in any potential civil penalty
assessment.
If you have any questions or concerns regarding this Notice, please contact Karla Fueyo with the
Water Quality Regional Operations Section in the Mooresville Regional Office at [phone]
or by email at Karla.Fueyo Fueyo(@_deg.nc.gov.
Sincerely,
EA
DocuSigned by:
H Palo "
F161 FB69A2D84A3...
Andrew H. Pitner, P.G.,
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Attachment: Photographs from Site Visit dated August 22, 2024.
CC: MRO File Copy
NCDEQ DWR- Laserfiche File (Laserfiche)
William Vaughn, Public Works Director— City of Statesville (wvaughn(@statesvillenc.net)
Mark Boyce, Manager, True Homes, LLC (via mboyce(cb-truehomesusa.com)
David Klausman, PE, V3 Southeast (via dklausman(cDv3co.com)
Mark Momsen, PE, V3 Southeast (via mmomsen(c 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 CAROLINA _
Depwbnwd ofEW—m vla�a\ � 704.663.1699

Attachment
Figure 1: Photographs taken during the site visit on August 22, 2024, depicting the completed
and operational sewer system.
r
m _
-p ( 4L
D EQ�� 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 _
704.663.1699