NC0047091_NOV-NOI Cover Letter_20181205

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Certified Mail # 7016 1370 0000 2591 1162
Return Receipt Requested
December 5, 2018
Chester G. DeBoard, Jr.
Kurlander Boggs Investments, LLC
Silver Maples Mobile Estates
2812 Plantation Road, N.W.
Concord, NC 28027
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-PC-0461
Permit No. NCO047091
Silver Maples Community
Cabarrus County
Dear DeBoard:
The North Carolina Division of Water Resources conducted an inspection of the Silver Maples Community on
November 27, 2018. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in NPDES WW Permit No. NC0047091. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Mooresville
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area Description of Violation
Flow Measurement In accordance with permit conditions, Part I A. (1) Flow shall be Continuous Measurement
and Recording.
Bar Screens It was noted in the previous inspection that the bar screen should be repaired or replaced.
Unit is not in good condition and is missing bars allowing large debris to enter treatment
units.
D-EQ
NFn�w�e�W G1Wf�
North Carolina Department of Environmental Quality I Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Inspection Area Description of Violation
Permit The permit for this facility expired on November 30, 2018. Permit renewals shall be filed at
least 180 days prior to expiration.
In addition, the issues below must also be addressed:
Compliance Issue(s):
- Permit renewal application not on file
In accordance with 15A NCAC 2H .0105 Application: Permit Fees: Assessment For New Sources;
Applications for Permit renewals shall be accomplished by filing the appropriate application form, at
least 180 days prior to expiration of a permit.
- Bar screen needs to be repaired or replaced
In accordance with your NPDES Permit NC0047091, Part II, Section C, Item 2. Proper Operation and
Maintenance; The Permittee shall at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit.
- Flow meter chart recorder not operating properly (not recording flow)
In accordance with 15A NCAC 2B .505 Monitoring Requirement, (b)(1); All water pollution control
facilities shall install, operate, and maintain continuous flow measuring with recording devices...
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violations of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW 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.
If you wish to provide additional information regarding the noted violations, request technical assistance, or discuss
overall compliance please respond in writing within ten (10) business day after receipt of this Notice. A review of
your response will be considered along with any additional information provided. 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.
D_E Q
North Carolina Department of Environmental Quality I Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

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 should have any questions, please do not hesitate to contact Roberto Scheller with the Water Quality
Regional Operations Section in the Mooresville Regional Office at 704-663-1699.
Sincerely,
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
Laserfiche
D_EQ
NFn�w�e�W G1Wf�
North Carolina Department of Environmental Quality I Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699