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Home My WebLink AboutNC0088226_NOV-2016-LR-0028_20160705 PAT MCCRORY Governor !IC DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL OUAUTY Director July 5, 2016 CERTIFIED MAIL7009 2250 0000 8087 1061 RETURN RECEIPT REQUESTED Ms. Suzanne Fountain MAC DI086-300 Wells Fargo,N.A. —Wells Fargo Tryon Street GWR 550 South Tyron Street, 30th Floor Charlotte,NC 28202 Subject: Notice of Violation/Recommendation for Enforcement (NOV/NRE) NOV-2016-LR-0028 Late Discharge Monitoring Reports (DMRs) for April 2016 Wells Fargo,N.A. —Wells Fargo Tryon Street GWR NPDES Permit NC0088226 Mecklenburg County Dear Ms. Fountain: A review of the Division of Water Resources (DWR) database which tracks the monthly submittal of Discharge Monitoring Reports (DMRs) revealed that the April 2016 DMR has not been filed with the Division within the thirty(30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. The April 2016 DMR was received late on June, 23 2016. • A Notice of Violation (NOD-2016-LR-0003) [see enclosed copy] was sent to you for failure to submit the January 2016 DMR no later than the thirtieth (30th) day following the reporting period. This notice was received by you on April 21, 2016. Within said Notice, you were informed that future reports not received within the required timeframe would result in further enforcement actions. The January 2016 DMR has not been received by mail or eDMR. This Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) (NOV-2016- LR-0028) is being issued for the late April 2016 DMR. Based upon the above facts, I conclude as a matter of law that Wells Fargo, N.A. violated or failed to act in accordance with the requirements of NPDES Permit NC0088226 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143-282.1(b) (8). State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh,North Carolina 27699-1617 919 807 6300 a r Ms.Fountain July 5, 2016 Page 2 of 2 If you wish to provide additional information regarding the noted violations and prevent further action,please respond in writing within ten(10) days of receipt of this notice. A review of your response will be considered and you will be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty may be assessed. If you have any questions about this letter or discharge monitoring reports,please contact me at 919-807-6307 or via e-mail at derek.denard@ncdenr.gov. Sincerely, S. Jay Zimmerman, Director dr Division of Water Resources cc: Derek Denard,Compliance&Expedited Permitting Unit MRO DWR WQROS • • Central Files • PAT MCCRORY DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY - S. JAY ZIMMERMAN' April 12,2016 Duecior CERTIFIED MAIL7013 2630 0001 8998 4407 RETURN RECEIPT REQUESTED Mr.John Cranfill, Sr. Chief Engineer MAC DI086-300 Wells Fargo,N.A.—Wells Fargo Tryon Street GWR 550 South Tyron Street,30th Floor Charlotte,NC 28202 Subject: NOTICE OF DEFICIENCY(NOD-2016-LR-0003) Late Discharge Monitoring Reports(DMRs) for January 2016 Wells Fargo,N.A.—Wells Fargo Tryon Street GWR NPDES Permit NC0088226 Mecklenburg County Dear Mr. Cranfill: This is to inform you that the Division of Water Resources received the monitoring report for January 2016 late on March 29,2016. This is in violation of Part II,condition D(2)of the NPDES permit,as well as 15A NCAC 2B .506(a),which requires the submittal of Discharge Monitoring Reports no later than the last calendar day following the reporting period.Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to$25,000 per violation. Additionally,this letter provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve(12)reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter.If you have any questions about this letter or discharge monitoring reports,please contact me at 919-807-6307 or via e-mail at derek.denard®ncdenr.gov. . :'ncere , 51377,7,tx Jay Zimmerman,Direct Division of Water Resources cc: Derek Denard,Compliance&Expedited Permitting Unit •MRO DWR WQROS (NPDES"File-s`NC0088•,22,6) Central Files Brian Olin,ECS CAROLINAS,LLP,-1812 Center Park Drive,Suite D,Charlotte,NC 28217 • State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh,North Carolina 27699-1617 • 919 807 6300