NC0089702_NOV and Intent to Assess_20190522

ROY COOPER
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MICHAE=L S_ REGAN
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LINDA CULPEPPER
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Certified Mail # 70172680000022360635
Return Receipt Requested
Brandon Yancey, Director of Construction
Solis Brightleaf Apartments LLC
510 Glenwood Ave Ste 317
Raleigh, NC 27603
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NOR TH CARC1L1NA
Environmental Quality
May 22, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LM-0040
Permit No. NCO089702
Solis Brightleaf Apartments - Brownfield
Durham County
Dear Permittee:
A review of the February 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Limit Reported
Location
Parameter Date
Value Value
Type of Violation
001 Effluent
Copper, Total (as Cu) (01042) 2/25/2019
3.6 3.8
Daily Maximum Exceeded
001 Effluent
Copper, Total (as Cu) (01042) 2/28/2019
2.7 3.8
Monthly Average Exceeded
Monitoring Violation(s):
Sample
Monitoring
Location
Parameter Date
Frequency
Type of Violation
001 Effluent
Flow, in conduit or thru treatment 2/3/2019
Continuous
Frequency Violation
plant (50050)
001 Effluent
Flow, in conduit or thru treatment 2/4/2019
Continuous
Frequency Violation
plant (50050)
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Sample
Location
Parameter
Date
001 Effluent
Flow, in conduit or thru treatment
2/6/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/7/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/8/2019
plant (50050)
001 Effluent blow, in conduit or thru treatment 2/9/2019
plant (50050)
001 Effluent Flow, in conduit or thru treatment 2/10/2019
plant (50050)
061 Effluent Flow, in conduit or thru treatment 2/11/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/12/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/13/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/15/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/16/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2117/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/18/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/1912019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/21/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/22/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/23/2019
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
2/24/2019
plant (5nf)5n)
001 Effluent
001 Effluent
001 Effluent
Monitoring
Frequency Type of Violation
Continuous Frequency Violation
Continuous Frequency Violation
Continuous
Frequency Violation
Continuous
Frequency Violation
Continuous
Frequency Violation
Frequency Violation
Continuous
Continuous Frequency Violation
Continuous Frequency Violation
Continuous Frequency Violation
Continuous Frequency Violation
Continuous Frequency Violation
Continuous Frequency Violation
Continuous Frequency Violation
Continuous Frequency Violation
Continuous Frequency Violation
Continuous Frequency Violation
Continuous Frequency Violation
Flow, in conduit or thru treatment 2/25/2019 Continuous Frequency Violation
plant (50050)
Flow, in conduit or thru treatment 2/26/2019 Continuous Frequency Violation
plant (50050)
Flow, in conduit or thru treatment 2/27/2019 Continuous Frequency Violation
plant (50050)

Monitoring Violations :
Sample
Location Parameter
Monitoring
Date Frequency
001 Effluent Flow, in conduit or thru treatment 2/28/2019 Continuous
plant (50050)
Type of Violation
Frequency Violation
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 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 violation, request technical assistance, or
discuss overall compliance please respond in writing within ten 10) business days, after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted 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 5 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 have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the
Raleigh Regional Office at 919-791-4200.
Sincerely,
Rick Bolich, L.G., Assistant Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files
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