NC0065480_LV20160122_20160718

PAT MCCRORT'
DONALD R. VAN DER VAART
Waw Resources
EnvifiownEritaiouAulr- _ S. JAY ZIMMERMAN
vJKIA�
Certified Mail # 7013 2630 0002 1133 6815
Return Receipt Requested
July 18, 2016
Thomas J Roberts RECEIVEDINCDEQ/DWR
Aqua North Carolina Inc
202 Mackenan Ct JUL 2 5 2016
Cary,NC 27511 "Vater duality
Permitting Section
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No.NCO065480
Aqua North Carolina Inc
Beau Rivage Plantation WWTP
Case No. LV-2016-0122
New Hanover Countv
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of 51,317.25 ($1,200.00 civil penalty
+$117.25 enforcement costs) against Aqua North Carolina Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Aqua North Carolina Inc for the month of April 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0065480. The
violations,which occurred in April 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Aqua North Carolina Inc violated the terms, conditions or
requirements ofNPDES Wei'Permit No. NIC0065480 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.l(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, James H. Gregson,
Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Aqua North
Carolina Inc:
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

$200.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0065480,by discharging waste waler'into,
l`
the waters of the State in violation of the Permit Daily Maximum for Enterococci.
$500.00 1 of the I violations of 143-215.l(a)(6) and Permit No.NC0065480, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for N`f13-N - Cone.
$50000 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0065480,by discharging waste water into
the waters of the State in violation of the Permit Monthly Geometric Mean for Enterococci.
51,200.00 TOTAL CfVIL PENALTY
S117.25 Enforcement Costs
51,317.25 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the.natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation,
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 2: Submit a written request 1'or remission or mitigation including a detailed justification for such
`request:
Please be aware that a request for remission is limi=.ed to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute., Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Fater Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:"
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearin,. and Stipulation of Facts" form within thirty(30) days of receipt of this
notice. The Division of Water Resources also requests that von complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Iiearin,s•
If you wish to contest any statement in the attached assessm-nt document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office'of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile(fax) or electronic mail by an attached file(with restrictions) - provided
the signed original, one(1) copy and a filing fee(if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filin>_;fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Off-ice of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: (919) ,131-3000
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at(910)796-7215 or via email at [e-mail].
Sincerely,
Jame . Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File

S
JUSTU-KATION FOR REMISSION REQUEST
Case Number: 1,V-2016-0122 County: New Hanover
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0065480 Amount Assessed: $1.317.25
Please use this,form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as thev may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to NT.C.G.S. § 143B-282.l(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document).-
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences),
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how peryment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Aqua North Carolina Inc )
Beau Rivage Plantation NVNVTP )
PERMIT NO. NCO065480 ) CASE NO. LV-2016-0122
Having been assessed civil penalties totaling S1.3 17.25 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 18, 2016, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days
from the receipt of the notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

�4
ATTACHMENT A
Aqua North,Carolina Inc
CASE NUMIBER: LV-2016-0122
PERMIT: NCO065480 REGION: Wilmington
FACILITY: Beau Rivage Plantation WWTP COUNTY: New Hanover
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report - Unit of Limit Calculated % Over Violation Penalty
Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount
4/7/2016 4-2016 Enterococci, colony Weekly cfu/1ooml 276 2420 776.8 Daily Maximum $100.00
forming units Exceeded
4/12/2016 4-2016 Enterococci, colony Weekly cfu/100ml 276 2420 776.8 Daily Maximum $100.00
forming units Exceeded
4/30/2016 4-2016 Enterococci, colony Weekly cfu/100ml 35 58.50 67.1 Monthly 5500.00
forming units Geometric
Mean
Exceeded
4/30/2016 4-2016 Nitrogen,Ammonia Weekly mg/I 20 24.50 22.5 Monthly $500.00
Total (as N) - Average
Concentration Exceeded

DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSIMENT
Violator: Aqua North Carolina Inc
Facility Name: Beau Rivage Plantation WWTP
Permit Number: NC0065480
County: NewHanover
Case Number: LV-2016-0122
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
� p. � � 4 u�4 cam, 4 � 4 �
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2)0Thh e duration and gra')vit}� of the violation•
�7*�Gai�xu�tn�'-tet ��cJ+-- �--c y.r�cl1'Ld�d�2�` rte.-✓` `?�,.rr✓�'� Cvl.�%cr> ,�
3) The,effect
'oln�ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
$117.25
_-L= a 616
D to Je H. Gregson,Re io gal Supervisor
Wa Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ

A U
SM
Thomas J. Roberts,President and Chief Operating Officer
0:919.653.5770 • F: 919.460.1788 • [e-mail]
July 8, 2016 RECEIVED/NCDENR/DWR
JUL 1 1 2016
Mr. James H. Gregson, Regional Supervisor
Water Quality Regional Operations Section Wate rer,,;,1a1
Wilmington Regional Office Operations Section
Division of Water Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Beau Rivage Plantation,New Hanover County
Notice of Violation and Intent to Assess Civil Penalty
Permit No. NC0065480
TrackingNunlber: NOV-2016-LV-0368
Dear Mr. Gregson:
Aqua North Carolina; Inc. (Aqua) offers the following response to.the above-referenced.Notice of
Violation and Intent to Assess Civil Penalty. This was for a daily maximum exceedance for
enterococci, monthly geometric mean exceedance for enterococci and total ammonia nitrogen
monthly average exceedance in April 2016.
Aqua's Response:
The Beau Rivage WWTP was non-compliant during the month of April 2016 for
Enterococci, which was caused by insufficient chlorine contact time. Aqua is taking
temporary steps to ensure even treatment in the clarifier and ultimately better disinfection.
Other steps will include increased visits to the plant and also increased sludge hauling from
the sludge digester in order to waste as often as necessary.
The Beau Rivage W WTP was also non-compliant for Ammonia Nitrogen. Aqua plans to
remove and provide any needed maintenance to the diffusers located in the aeration basin.
Additionally, Aqua is exploring ways to clean the aeration basin. We are hopeful that the
combined efforts of each exercise will increase the oxygen transfer capacity in the mixed
liquor and therefore have the overall impact of reducing ammonia. Aqua has committed to
expanding this plant in order to meet the hydraulic loading currently being experienced.
202 MacKenan Court Cary, NC 27511 • AquaAmerica.com

R '
Page Two
Mr. James H. Gregson, Regional Supervisor
July 8, 2016
Aqua is currently preparing a request for proposal for a design build contract for the plant
improvements and expansion. We anticipate the expansion will be online the fourth quarter
of 2017 or first quarter of 2018.
If you have any questions or comments, please do not hesitate to contact Joel Mingus at (910) 270-
1412.
Sincerer
Thomas J. Roberts
President and COO
TJR/rl
cc: Joel Mingus
Moses Thompson
Michael Melton

EFFLUENT = ,
NPDES PERMIT NO. NCO065480 DISCHARGE NO. 001 MONTH April YEAR 2016
FACILITY NAMF• Beau Rivaee CLASS--Ll— COUNTY NEW 14ANOVER
CERTIFIED LABORATORY(1) Envirochem CERTIFICATION NO. 94
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC)_Eric Youngs_ GRADE HI CERTIFICATION NO._996010_
PERSON(S)COLLECTING SAMPLES Eric Youn s/Kvkl Fields ORC PHONE (910)`143-3889
CHECK BOX 1F ORC HAS CHANGED NO FLOW/DISCHARGE FROM SITE 0
Mail ORIGINAL and ONE COPY to: '-� !--Z S
ATTN:CENTRAL FILES ! n
DIVISION OF WATER QUALITY (SR-iNATWtF,0F OPERATOR IN RESPONSIBLE CHARGE) DATE
1617 DIAH.SERVICE CENTER BY THIS SIGNATURE,I CERTH'Y THATTHIS REPORT IS
RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
50050.000 00010 00400 50060 00310 OomT 00530 61211 00300 00600 00665
FLOW w -az
p JWW D13 wOEFF ® 2
U JWQ0 ar0
INF ❑ 0 C) 1-111 0Q2Uu KpK y 00 WXt
O Zi0Z
O ¢an
C OCC eumflarioo W—
IIRS HRS YB/N MGD C UNrrS a /L MG/1. MG/L N1100m MG/L MG/L MG/L
.1 -.9:30 1 1Y'' 0.065 - / E-
N
r
2 N 0 069 Y IN'�E{�f.:.„f
0.101
a 11:zD z Y oofiz .' JUN 03 2U16
5 ,16:10 t �'V'"' 0 076
. . . _ '2U ...:.
6114:301 1 Y 0090:x':. 230 34 s.7 CENTRAL FILES
7 11:00 0.085 (+' 70. '10'r 12.8 ''153 ' >N20 DWR SECTION
8 1215 1 N 0.089."
g N:•a 0.098
D N 0 092 fl
17 11:00 i' Y- OOB4 - i
12 9:15 1 1 1 Y 0.090 22.0 TO 14 287 3 .2420 5.6 ( {¢
13`1350 1 0100.': IUN l 2�IU
14 16:201 Y 0.070 - 35
15 13:00 1 Y? 0090
16 N 0.085
17 - N . 0 088
18 1015 1 Y 0.086
19 '16:00 1 V`. - 0088 L' •- - q
20 7:50 1 Y 0 089 22 0 7 1 9'., . 21 4 <2] 2 5 7 22.4 4.15 /1
21.'1500 ..2 Y"- 0082'',? '/'�
q
22 8:30 2 Y 0.084 31 JAN i
23 Nor 0.069-
24 N 0.107
25 2r I
.0091 -}- -
26 10:45 1 Y 0.083 26.0 7.8 10 35.1 <2.7 <7 5.4
27 `9:20' 1 Yr 0087:" -
28 10 40 1 Y 0.087 17
29 --8:30 . 2 Y". „ 0085
30 N 0.087
(-
314.15
Avemge MeX mum 00,086
07 �8 :. ..35 - 190 128 <27 52420L�5mgA
22.40 4.15 `©*�w�¢\
Minimum 0.065 220 .o
Compi(C)IGrab(G) G .L{ G Gr' C . Gi..: C 0.r. ✓fie) c� o�C�C `¢
Month) Limlt .6 8/ 8.5 13 ug0 30 mg0 20 mg0 30 mg0 35/100 \,\� Q'e C✓
'.7
Daily LIm1t ' "+ 13 uge„-:45 mgT 35'mg0.>45.mg/1 :2761100 >Bmg4 J A gepCa\
DWQ Form MR-I(11/04) �,�

E�
ACDU A.
Aqua,Inc. T: 910.270.1412
251Merchants Circle,Building 24-I F: 910.270.3147
Hampstead, NC 28443
NCDWQ
Attn: Environmental Sciences Section
Beau Rivage WWTP (Non-Compliant DMR for April 2016)
The Beau Rivage WWTP was non-Compliant during the month of April 2016. The daily limit for
enterococci was exceeded on April 7`h and 12`h. The operator has made adjustments in the
disinfection process. The chlorine contact chamber has been cleaned and chemical feed adjust
for better operation and results.
Christopher Collins
Regional Supervisor

PA4T rMC CRORY
A .
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DONLD`:R: t' l� DER=\
5arefs�.
WdterResouices
ENVtRONMENP4L OUALITt 5. .1:'�.� Z1M A4ERbSAN'
4
Dzwwi
Certified Mail # 7013 2630 0002 1133 6709
Return Receipt Requested
i
June 22, 2016
i
Thomas J Roberts, & COO President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0368
r.
Permit No. NCO065480 t
Beau Rivage Plantation WWTP
New Hanover County
Dear Permittee:
Y
A review of the April 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) l
indicated below:
t
i
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Enterococci, colony forming 4/7/2016 276 2,420 Daily Maximum Exceeded j
units (61211)
i
001 Effluent Enterococci, colony forming 4/12/2016 276 2,420 Daily Maximum Exceeded '
units (61211)
001 Effluent Enterococci, colony forming 4/30/2016 35 58.5 Monthly Geometric Mean Exceeded
units (61211)
00,1 Effluent Nitrogen, Ammonia Total (as 4/30/2016 20 24.5 Monthly Average Exceeded
N) - Concentration (C0610)
i
F
1
I
I
State of North Carolina I Environmental Quality I Water Resources {
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

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.sot
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.
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.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://Portal.ncdenr.org/web/wq/admin/bog/ii)u/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215.
Si cerely,QQ ^^�
d�
James �. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File "
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

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