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Certified Mail # 7015 0640 0005 8164 0889
Return Receipt Requested
July 18, 2016REGEIUFD1NCD Qllri�d��R
Mr. Andrew Luter JUL 7 2016
Yes AF Utilities Exp, LLC Water Quality
2401 15th Street, Suite 350 Perr.att{r'g Section
Denver, CO 80202
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0404
Permit No. NC0022691
Autumn Forest MHC WWTP
Guilford County
Dear Mr. Luter:
A review of the April 2016 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 4/06/2016 10.5 10.6 Daily Maximum Exceeded
001 Effluent Ammonia Nitrogen 4/27/2016 10 11.1 Daily Maximum Exceeded
001 Effluent BOD April 2016 7 8.15 Monthly Average Exceeded
001 Effluent Ammonia Nitrogen April 2016 2 3.2 Monthly Average Exceeded
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 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.
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road,Suite 300,Winston-Salem,NC 27105
11A_'71,_oQnn
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter, please contact Michael Mickey of the Winston-Salem Regional
Office at 336-776-9800.
Sincerely,
arms.Y.
Sherri V. Knight, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: NPDES Compliance/Enforcement Unit - Enforcement File
Adam Motsinger (amotsinger@apexcos.com)
David Merritt (david.merritt@meritechlabs.com)
WSRO
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road,Suite 300,Winston-Salem,NC 27105
336-776-9800