WQ0038968_NOI NOV-2019-CV-0001_20190426

DocuSign Envelope ID: FD906A30-6AC2-4638-B4D2-07E858C2C714
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Errvor-onmerrral Quality
April 26, 2019
CERTIFIED MAIL # 7011 2000 0002 2768 9377
RETURN RECEIPT REQUESTED
Randy Hoffer, Utility Manager
Pluris Hampstead LLC
1095 NC Highway 210
Sneads Ferry, NC 28460
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2019-CV-0001
Wastewater Collection System Extension
Permit No. WQ0038968
Jensens Coastal Plantation
Pender County
Dear Mr. Hoffer:
Our office received an application for Phase 4 of the subject development around February 27, 2019 that
was deemed incomplete due to missing or contradictory information. Staff contacted your office to help
clarify the situation and during that conversation it was relayed that the system to connect the existing
portions of the subject development to your existing sewer system per the subject permit number had
been completed and been active for some time. A review of the Division's database found that a
certification had not been submitted to the Division prior to activation and this was pointed out to Pluris'
staff.
Placement of the system into operation prior to submittal and documented receipt of the engineering
certification by the Division is in violation of Standard Condition 7 in WQ0038968 and 15A NCAC 2T.0116.
On April 12, 2019 our office received a certification package via email having documentation in it whereby
the design engineer -of -record, Michael Gallant, sealed and dated the engineering certification form on
February 18, 2017. It also included a cover letter dated February 15, 2017 and a start-up report for the
pump station dated February 10tn
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127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov

DocuSign Envelope ID: FD906A30-6AC2-4638-B4D2-07E858C2C714
The subject permit for approximately 55 linear feet of 8-inch gravity sewer and a 85—gallon per minute
pump station with duplex pumps, on -site audible and visual high water alarms, telemetry, and a portable
generator receptacle with manual transfer switch as well as approximately 1,630 linear feet of 4-inch force
main was issued on February 1, 2017 based on a revised application received December 16, 2016, and
additional information received on January 9t", January 241", and January 31, 2017. Consequently,
construction of the approved system was initiated well before the permit was issued.
Construction of a sewer system without a permit or prior to its issuance is in violation of NCGS 143-215.1
a 2.
Review of the record drawings provided with the April 12, 2019 submittal showed that just over 40 percent
of the approved force main was upsized to 6-inch without prior approval via a request for a permit
modification and its issuance. This may also have an effect on the approved system design such as the
station's pumping rate (gpm), scouring velocity, and storage.
Installing larger than approved piping violates the system approved in WQ0038968 and is considered
constructing & operating the system in violation of NCGS 143-215.1 (a)(2).
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 Permittee's permit WQ0038968. Pursuant to G.S. 143-215.6A,
a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per day 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 and explain why the Division
though this office should not assess a civil penalty in this matter, please respond in writing within ten (10)
business days after receipt of this Notice. A review of your response will be considered and you will then
be notified of any civil penalties that may be assessed regarding the violation. If no response is received
in this Office within the 10-day period, a civil penalty assessment may be prepared.
If you have any questions concerning this Notice of Violation, you may contact me at the letterhead
contact information or Dean Hunkele via email at [e-mail].
Sincerely,
DocuSigned by:
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Morella Sanchez -King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Wilmington Regional Office Enforcement File
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