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Home My WebLink AboutNC0089702_NOV and Intent to Assess_20190724ROY COOPER Cvi;rm-r MICHAEL S. REGAN S.'t rt•tcr � LINDA CULPEPPER Certified Mail * 70172680000022360703 Return Receipt Requested Brandon Yancey, Director of Construction Solis Brightleaf Apartments LLC 510 Glenwood Ave Ste 317 Raleigh, NC 27603 NOR € �- CAROE INA Envirnnmenral Quality July 24, 2019 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LM-0056 Permit No. NCO089702 Solis Brightleaf Apartments - Brownfield Durham County Dear Permittee: A review of the April 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violationlsl• Sample Location Parameter 001 Effluent Flow, in conduit or thru treatment plant (50050) 001 Effluent Flow, in conduit or thru treatment plant (50050) 001 Effluent Flow, in conduit or thru treatment plant (50050) Limit Reported Date Value Value Type of Violation 4/15/2019 1,500 2,800 Daily Maximum Exceeded 4123/2019 1,500 1,975 Daily Maximum Exceeded 4/3012019 1,500 1,889.5 Monthly Average Exceeded Monitoring Violation(s): Sample Location Parameter Date 001 Effluent Flow, in conduit or thru treatment 4/1/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/3/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/4/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/5/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/6/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/7/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/9/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/10/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/11/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/12/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/13/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/14/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/16/2019 plant (50050) Monitoring Frequency Type of 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 Continuous Frequency Violation Continuous Frequency Violation Continuous Frequency Violation 001 Effluent Flow, in conduit or thru treatment 4/17/2019 Continuous Frequency Violation plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/18/2019 Continuous Frequency Violation plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/19/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/20/2019 plant (50050) Continuous i-requency violation Continuous Frequency Violation 001 Effluent Flow, in conduit or thru treatment 4/21/2019 Continuous Frequency Violation plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/22/2019 Continuous Frequency Violation plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/23/2019 Continuous Frequency Violation plant (50050) Monitoring Violation fs): Sample Location Parameter Monitoring Date Frequency 001 Effluent Flow, in conduit or thru treatment 4/24/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/25/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/26/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/27/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/28/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/29/2019 plant (50050) 001 Effluent Flow, in conduit or thru treatment 4/30/2019 plant (50050) Continuous Continuous Continuous Continuous Continuous Continuous Type of Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Continuous 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 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 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 L! M\\4r:5: h.: 'i -�. .- = _ _. - .: -