NC0047091_NOV2017LV0118_20170217

Certified Mail # 7015 1520 0002 6878 2288
Return Receipt Reguested
February 9, 2017
Maryjane Kurlander, Owner
K B I LLC Kurlander Boggs Investments.LLC
80 South Lake Avenue, Suite 719
Pasadena, CA 91101
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: - NOV-2017-LV-0118
Permit No. NCO047091
Silver Maples Community
Cabarrus County
Dear Mrs. Kurlander:
FEB 14 2017
Water Quality
Permitting Section
A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s1
Sample
Location
Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent
BOD, 5 -Day (20 Deg. C) -
10/12/2016 19.5 70 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
10/31/2016 13 18.2 Monthly Average Exceeded
Concentration (C0310)
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
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

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 dales after receipt of this Notice. A
--review of your response will be considered along with anyinformation- 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/wg/admin/boci/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger; Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699