WQCSD0685_NOV-2018-DV-0325_20181109

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NORTH CAROLINA .
ROY COOPER Environmental Quality
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Certified Mail#7015 0640 0005 8164 0452
Return Receipt Requested
November 9, 2018 RECEIVED/DEN': DWR
NOV 2 6 2018
Jon Buxbaum, Registered Agent
Wheeling Village MHC, LLC Water Resources
PO Box 10851 Permitting Section
Raleigh, NC 27605-0851
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2018-DV-0325 (Incident#201803323)
Deemed Permitted Collection System Permit#WQCSD0685
Wheeling Village MHC Collection System
Forsyth County
Dear Mr. Buxbaum:
On November 2, 2018, the Division of Water Resources Winston-Salem Regional Office received a
complaint regarding a release of untreated wastewater to the surface waters of the State.A site visit
conducted by DWR staff on November 2, 2018 confirmed a release originating from the uncapped
sewer pipe for vacant Lot #80 located at Wheeling Village MHC at 3450 New Greensboro Road,
Winston-Salem. You are the designated owner of this property.
This Office concludes that Wheeling Village MHC, LLC violated 15A NCAC 02T .0403 by failing to
effectively manage, maintain, and operate their collection system so that there is no sanitary sewer
overflow to the land or surface waters, and the sanitary sewer overflow constituted making an outlet
to waters of the State for the purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S.
143-215-1.
The Winston-Salem Regional Office is providing the Wheeling Village MHC, LLC an opportunity to
provide evidence and justification as to why it should not be assessed a civil penalty for the
violation(s) that are summarized above.This Notice of Violation/Notice of Intent to Enforce is being
issued for these noted violations. Pursuant to G.S. 143-215.6A, a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) may be assessed to 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.
DEC:0
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W.Hanes Mill Road,Suite 300 I Winston-Salem,North Carolina 27105
336-776-9800

This Office requests that you respond to this Notice, in writing, within 15 business days of its
receipt. In your response, you should add less the causes of non-compliance, remedial actions, and
all other actions taken to prevent the recurrence of similar situations. The response to this
correspondence will be considered in this process. Enforcement decisions will also be based on
volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish
kills, or recreational area closures. Other factors considered in determining the amount of the civil
penalty are the violator's history of non-co I pliance, the cost of rectifying the damage, whether the
spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Jenny Graznak with the Water Quality
Section in the Winston-Salem Regional Office at (336) 776-9800 or via email at
[e-mail]. -
Sincerely,
Sherri V. Knight, P.E.,
Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
CC: Winston-Salem Regional Office
Central Files
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'DWR_PERCS Unit,.
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