WQ0033044_NOV and Intent to Assess_20190509

DocuSign Envelope ID: 240A1AD2-B0DC-4A22-B1B7-DF912B607AOC
ROY COOPED
C ow-ril r
K41C IAEL & R.EGAN
Secretary
LINDA CULPEPPER
J)ir�eror
Certified Mail # 7011 2000 0002 2768 9421
Return Receipt Reauested
Bob Walker, Director
Brunswick Regional Water & Sewer H2GO
PO Box 2230
Leland, NC 28451-2230
NORTH CAROL INA
Environmental Quality
May 9, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-PC-0399
Permit No. WQ0033044
Compass Pointe Development Sewer System
Brunswick County
Dear Permittee:
In response to several recent requests for permits to allow construction of additional sewer systems within the
development the North Carolina Division of Water Resources requested an accounting of active connections in
relation to a total connection limitation covered by the subject permit. To that end, this was provided in
conjunction with a request received March 20, 2019 to modify the subject permit to increase the number of
approved connections and the flow allocation associated with it.
A review of the material provided indicates that as of the application date, there were 904 active connections being
served within the development. However, the subject permit last issued/modified on May 21, 2015 still limited the
total number of connections to 440. This limitation existed due to downstream capacity issues per an amended
permit issued December 4, 2009. Consequently, the Permittee was in violation of the subject permit by exceeding
the approved connections before the modification was issued May 8, 2019.
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 Gravity Sewer 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.
NorthCaroLnaDepartmentoftnvironmeatailQaadrty I DWsion of Water ResoLE roes
r, Wilmington Reg •3ea-Offra 1 127 CArdlnalDrive!Extension I WINmington, North Caro --ra2$405
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DocuSign Envelope ID: 240A1AD2-BODC-4A22-131B7-DF912B607AOC
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 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.
If you should have any questions, please do not hesitate to contact Dean Hunkele with the Water Quality
Regional Operations Section in the Wilmington Regional Office at 910-796-7215.
Sincerely,
DocuSigned by:
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Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
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NorthC4roi;na,QepartmentoftnvironroentalQua;ity I DWsonofWater Resouroes
i4'.lin;ngltan Reg•3ea-DfFca 1 127 Cardin iDriveExteason I Wiirn,ngton, North Caro -ms2$4Q5
910-796-7215