NC0064246_LV-2020-0209 CPA_20200817

F�
f�rE�~n
ROY COOPER
G er"or
MICHAEL S REGAN
S, DANIEL SMITH
NOP 1 H CAQ01 I NA
b.O.rtor
Environmental Quatiry
Certified Mail # 7016 3560 0000 4428 7366
Return Receipt Reguested
August 17, 2020
Jonathan Gindes, Developer Owner
Jones Estates Pace LLC
PO Box 14466
Durham, NC 27709
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. N00064246
Jones Estates Pace LLC
Pace Mobile Home Park
Case No. LV-2020-0209
Johnston County
Dear Mr. Gindes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $785.01 (S750.00 civil penalty
+ $35,01 enforcement costs) against Jones Estates Pace LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Jones Estates Pace LLC for the month of April 2020. This review has shown the subject facility to
be in violation of the discharge limitations and;"or monitoring requirements found in NPDES WW Permit No. NC0064246.
The violations, which occurred in April 2020, are summarized in Attachment A to this letter,
Based upon the above facts, I conclude as a matter of late that Jones Estates Pace LLC violated the terms, conditions or
requirements of NPDES W1V Pen -nit No. NCO064246 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A, In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a pennit required by G.S. 143-215.1(a).

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Jones
Estates Pace LLC:
100.00 1 of 1 violation of G.S. 143-21 S. i (a)(6) and Permit No. NC0064246, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 De2. C)
- Concentration
$400.00 4 of 4 violations of G.S. 143-215.1(a)(6) and Permit No. NC0064246, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Coliform, Fecal RIFL
MFC Broth, 44.5 C
$250.00 1 of 1 violation of G.S. 143-215.1(a)(6) and Permit No. NC0064246, by discharging waste water
into the waters of the State in violation of the Permit Monthly Geometric Mean for Coliform, Fecal
NIF,1%1FC Broth, 44.5 C
$750.00 TOTAL CIVIL PENALTY
S35.01 Enforcement Costs
785.01 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of fact and
Conclusions of Law and the factors set forth at G.S. 143 B-2S2.1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing fo comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) clays of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
farm). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including it detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes wiry you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 1438-232.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director_ Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission YOU must complete and submit the enclosed "Recluest for Remission of Civil Penalties
Waiver of Riaht to an Administrative Hearin_ and Stipulation of Facts" form within thirty 30 days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a vetition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearin-=s during normal office hours. The Office of Administrative
1-Icarings accepts filings Monday through Friday bet%veen the hours of 5:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding_ the filing fee and: -'Or the details of the
tiling process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DCQ as follows:
NIr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as e%idenced by an internal
date�time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staffof the Raleigh
Regional Office at [phone] or via email at mitcli.has yecr.nedenv r.go. v
Sincerely,
Scott Vinson, Regional Superx.'isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Officc - Enforcement File
Laserfiche

JUSTIFICATION FOR REi1I1SSION REOUEST
Case Number: LV-2020-0209 County: Johnston
Assessed Party: Jones Estates face LLC
Permit No.: N00064246 amount Assessed: $785.01
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Maiver of Right to cut tddnunistt crtire Flearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civilpenalty as'sessntent clocianent);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., erplain the
steps that you loot: to correct the violation caul pt•event jirture occurr c ices);
(c) the violation was inadvertent or a result of an accident (i.e,, explain tirlty the violation was w1avoiclable or'
something you could riot pr'(,vertt or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations,
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e_ explain
how payment of the civil penalty i ill preti'ertt votr fr•arrr perforrutng the ct tivities rtccessrnv to achieve
compliance)."
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Jones Estates Pace LLC )
Pace NIobile Home Park }
}
PERMIT NO. NCO064246 ) CASE NO. LN'-2020-0209
Having been assessed civil penalties totaling 73 .01 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 17, 2020, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the ri_ht to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of , 20
ADDRESS
TELEPHONE
SIGNATURE

PERMIT: NCO064246
FACILITY: Pace Mobile Home Park
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation Report
Date Month/Yr
Parameter
4/15/2020 4-2020
BOD, 5-Day (20 Deg.
C) - Concentration
4/8/2020 4-2020 Coliform, Fecal MF,
MFC Broth, 44.5 C
4/15/2020 4-2020 Coliform, Fecal MF,
MFC Broth, 44.5 C
4/22/2020 4-2020 Coliform, Fecal MF,
MFC Broth, 44.5 C
4/30/2020 4-2020 Coliform, Fecal MF,
MFC Broth, 44.5 C
4/3012020 4-2020 Coliform, Fecal MF,
MFC Broth, 44.5 C
ATTACHMENT A
Jones Estates Pace LLC
CASE NUMBER: LV-2020-0209
REGION: Raleigh
COUNTY: Johnston
Unit of
Limit
Calculated
% Over
Violation
Penalty
Frequency
Measure
Value
Value
Limit
Type
Amount
Weekly
mgll
13.50
31A
132.6
Daily
$100.00
Maximum
Exceeded
Weekly
#/100ml
400
1,120
180.0
Daily
$100.00
Maximum
Exceeded
Weekly
#1100ml
400
2,420
505.0
Daily
$100.00
Maximum
Exceeded
Weekly
#/100ml
400
2.420
505.0
Daily
$100.00
Maximum
Exceeded
Weekly
#/100ml
400
2,420
505.0
Daily
$100.00
Maximum
Exceeded
Weekly
#1100ml
200
1,232.26
516.1
Monthly
$250,00
Geometric
Mean
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Jones Estates Pace LLC
Facility Name: Pace Mobile Home Park
Permit Number: NCO064246
County: Johnston
Case Number: LV-2020-0209
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Discharging effluent exceeding permit limits for fecal coliform and BOD increases risks to public health and increased
nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
Fecal coliform daily permit limit was exceeded by 180% on 04.08.2020, 505% on 04.15.2020, 505% on 04.22.2020, 505$�,
on 04.30.2020. BOD daily permit limit was exceeded by 132' on 04.I5 2020. Pd
*Cap ►'v aVY4 ,. ,j 44*4
3) The effect on ground or surface water quantity or quality or on air quality; b)re-eP44
The effect on water quality include risks to public health and increased nutrients and pathogens.
4) The cost of rectifying the damage;
The cost of rectifying the damage is not documented.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violations were committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been I l enforcement cases against the violator since February 2018.
8) The cost to the State of the enforcement procedures.
$35.01
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ