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HomeMy WebLinkAboutWQ0041163_NOV and Intent to Assess_20190930ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality September 30, 2019 CERTIFIED MAIL # 7013 1710 0002 1922 3955 RETURN RECEIPT REQUESTED Debbie Hinson, City Manager P.O. Box 50 Trinity, NC 27370 Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking No. NOV-2019-CV-0006 Construction of Sewer Extension without a permit Wastewater Collection System Extension Steeplegate Village Phase 1 Randolph County Dear Ms. Hinson, On September 9, 2019, this Office received a Fast Track Sewer Extension application from the City of Trinity for the construction and installation of approximately 1,645 linear feet of 8-inch gravity sewer as part of the Steeplegate Village Phase 1 project. Upon review of this application, performed on September 10, 2019, this Office requested additional information, due to page (4) of (5) of the Fast Track application being incomplete. The revised/completed application page was received by this Office on September 20, 2019. Permit No. WQ0041163 was then issued, effective September 20, 2019. On September 25, 2019, this Office received an Engineer's Certification for Permit No. WQ0041163, submitted electronically by Mark Allred, Planning Director CZO for the City of Trinity. Upon receipt of the Engineer's Certification, this Office contacted Mark Allred via telephone on September 26, 2019, to request explanation of how 1,645 linear feet of sewer extension had been completely installed in less than five days. Mr. Allred reported at that time that the sewer extension authorized by Permit WQ0041163, had been completely installed prior to the City of Trinity obtaining the permit. You are hereby advised that construction of a sewer system without benefit of a permit from this Division is a violation of North Carolina General Statute 143-215.1 (a) (2). Additionally, entering into a contract for the construction and installation of sewer systems without benefit of a permit from this Division is a violation of North Carolina General Statute 142-215.1 (a) (8). The enforcement options available to the Division for violations of the previously referenced statutes are found at NSGS 143-215.6 A, B, and C and include civil penalties, criminal penalties, and / or D North Carolina Department of Environmental Quality I Division of Water Resources EQ�p Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 NORTH CAROLINA � o•o•°"•mme""°"^•"vin"•i� /� 336.776.9800 injunctive relief. The civil penalties for the violations may be as high as $25,000 per day, per violation. This Office is considering a recommendation in favor of an enforcement action to include the potential assessment of a civil penalty. Prior to making any such decision, it is vital that we have all the relative information. If you wish to provide additional information regarding the noted violations and/or an explanation as to why the Division should not assess a civil penalty in this matter, please respond to me in writing within ten (10) business days after receipt of this Notice. Any additional information will be reviewed, and if an enforcement action is still deemed appropriate, this information, along with other relevant information, will be considered in the matter. If you have any questions, please contact Justin Henderson or me at (336) 776-9800. Sincerely, D0CU gg�Sed<by: 14 49E2 5C94 on m er, egional Supervisor Winston Salem Regional Office Division of Water Resources — NCDEQ cc: Mark Allred, Planning Director -City of Trinity- mallredktrinity-nc.gov Laserfiche Files (electronic copies)