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HomeMy WebLinkAboutNC0070289_Enforcement_20170711 . . •os a ervice CERTIFIED MAIL° RECEIPT u Domestic Mail Only r-• For delivery information,visit our we'Site at www.usps.comv. n I,I11 Extra Services&Fees(ch k box,add !'.s:••ropnate) u ❑Return Receipt(hardcop $ JUL 1 1 2017 3 ❑Return Receipt(electroni $ 4 Postmark • ❑Certified Mail Restricted De ery $ Here 7 ❑Adult Signature Required ❑Adult Signature Restricted Delivery$ • Postage — -- n $ ▪ Tc RIDGEWOOD FARMS AT STONES THROW n PO BOX 690725 a s CHARLOTTE NC 28227 • S ATTN:MR WAYNE HUNTLEY dwr/rs 7/11/17 c FIVYVIYGJ 1VIM /111111U YCIICIILJ. A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail A unique identifier for your mailpiece. associate for assistance.To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. 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A.;igrt ure I Print your name and address on the reverse 1, 'C 0 Agent so that we can return the card to you. 0 Addresee • Attach this card to the back of the mailpiece, eiv=. by(Qri ame) `,,� C. Dat of eliverl or on the front if space permits. n n i Y ,,C'` 7 /y/% I. Article Addressed to: _ _ . s delivery address d' from' 1? ❑ s If YES,enter delivery address below: 0 No RIDGE WOOD FARMS AT STONES THROW PO BOX 690725 CHARLOTTE NC 28227 ATTN:MR WAYNE HUNTLEY dwr/rs 7/11/17 I I II'I I'll II l I 11111111 IIIII II I I I I III 3. Service Type❑Adult Signature ❑Priority Mail Expresso ❑Registered Mail'. ❑Adult Signature Restricted Delivery ❑Registered Mail Restrict 9590 9403 0891 5223 3159 18 Certified Mail® XRelivery ertified Mail Restricted Delivery Return Receipt for ❑Collect on Delivery erchandise i. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery O Signature ConfirmationT 1 Mail 0 Signature Confirmation 7 015 1520 0002 6984 9423 1 Mail Restricted Delivery Restricted Delivery _500) )e c....,,"IA-1 1 I.IR,0111 o oon!7aon no nnn nnca n.,r„ootir,Pat,irn uorotr,{ First-Class Mail ffi++, 1 Postage&Fees Paid USP ill — Permit No.G-10 I 9590 9403 0891 5223 3159 18 Cy United States •Sender:Please print your name,4idress,and ZI 4®in this box• Postal Service N z NCDEQ/WQROS m r o 610 EAST CENTER AVEd 0 ►—` rn SUITE 301 . 0 ss MOORESVILLE NC 28115 0 'iI'lf}ll'�Iilliiiii uhI1'IIII'��I�li"I�Ilfyiil&Jl'lll'llll�l'11 OY COOPER Governor MICHAEL GA Sei retairy:° Water Resources S, JAY ZIMMERMAN Environmental Quality Director July 11, 2017 r. Wayne Huntley Ridgewood Fanns at Stone "Throw 'TP Post Office Box 7 Charlotte, North Carolina 28227 SUBJECT: Notice of Violations and Notice of Violation and Assessment of Civil Penalty Ridgewood Farms Waste Water Treatment Plant Permit No, NCO070289 Cabarrus County, NC Dear Mr. Huntley: The enclosed Notices of Violation and Notice of Violation and Assessment of Civil Penalty were originally issued on May 11, 2017`and May 05, 2017 respectively. These letters were sent` Certified Hail and were not picked up at the address to the Stones Throw Homeowners Association. Please note that it is Necessary to respond to the Notice of Violation and Assessment of Civil Penalty(Case No. L - 1 -0 1 l as this is related to a Civil penalty against the subject waste watertreatment'facility, 1f you should have any questions regarding this. matter, Tease do not hesitate to contact myself or Roberto Scheller at 704) 235-2204 or roberto.schellergn denngov. Sincerely, W. Corey Basinger,legiona Supervisor. Water Quality regional Operations Section Division ision of Water 1 es urces 1' CDE cc: Tile rls -- -' Nothln Compares '_;_ Mate rrf orth Carofina ( Envrrafrtrraental Quataty 1611 Mail Service Center I Raleigh, North Carolina 77699-1611 919-707- fl Certified Mail # 7015 1520 0002 6984 9423 Return Receipt Requested Mr. Wayne Huntley Ridgewood Farms at Stones Throw WWrp Post Office Box 690725 Charlotte, NC 28227 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. NCO070289 States Throw Homeowners Association Ridgewood Farms Subdivision Case No. LM-2017-0011 Cabarrus County Dear Nir, Huntley: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $370.34 ($269.00 civil penalty + $101 .34 enforcement costs) against Stones Threw Homeowners Association. This assessment is based upon the following facts.- a review has been conducted of the discharge monitoring report (DMR) submitted by Stones Throw Homeowners Association for the month of September 2016. 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, NCO070289- The violations, which occurred in September 2016, are surnmarized in Attachment to this letter. used upon the above facts, I conclude as a matter of law that Stones Throw Homeowners Association violated the terms, conditions or requirements of NPDES WW Permit No, NCO070289 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. 1.43-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terns, conditions or requirements of a permit 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, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Stones Throw Homeowners Association: State of North Carolina I Pnvironmental Quality I Water Resources 610 East Center Avenue, Suite 301, Moores)?ille. NC 28115 704-663-1699 Q0,00 I of the I violations of 143-215. 1 (a)(6) and Permit No,NCO07028974, by discharging wastewater Into the waters of the State in violation of the Permit Daily Maximum for TSS - Cone. $_LQ(LCLO for 1, of the I failures to property monitor TOTAL N - one in violation of Permit No. NCO070289. $�900 for I of the I failures to properly monitor TOTAL P - Cone in violation of Permit No. NCO070289. L2_69.LQ TOTAL CIVIL PENALTY $101-34 Enforcement Costs $370.34 TOTAL AMOUNT DUE Pursuant to G.S. 1,43-215.6A(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, 143B-282,I(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 to 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) days of receipt of this notice, you must do one of the following; (1 Submit payment of the penalty, OR (2) Submit awritten request for remission, OR (3) Submit a written request for an administrative hearing Optionl: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver .16rm). 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, a 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 prepares a detailed statement that establishes %,by 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 1431 -282.1(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, Inn order ore oast remission om. must corn leis and snbrnit the enclosed _!Rgqnest for remission of Civil Penalties, Waiver of Right to an Administrative Hari an St elation of Facts" form within thir of this in __.�L_jpu .irk J!QJAa s QLr��eeip _y— _ -t— Remission re nest." Both forams should be submitted to the following address-, Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 011gon 3: File a petition for an administrative hearing with the Office of Administrative Hearin . ly If you wish to contest any statement in the attached assessment document you must file a petition for an administrative "qq 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 Hearings during normal office hours. 'I'lic Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m, and 5:00 p.rn, 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 Hearm", with AqjLesfions re ir the film fjec and/or the details of the The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh; NC 27699-6714 Tel- (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEC as follows, Mr. 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 evidenced 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 maybe assessed for violations that, occur after the review period of this assessment. If you have any questions, please contact Roberto Schaller with the Division of Water Resources staff of the Mooresville Regional Office at (252) 946-6481 or via email at robtrto.scheller@ncdenr.gov. Sincerely, 10�10V!01001 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATTACtWENTS Cc: WQS Mooresville Regional Office ® Enforcement File NPDES Cornpliance/Enforcement Unit - Enforcement File VJUSTIFICATION FOR REMISSION REQUEST CaseNumber- LM-2017-0011 County: data as Assessed Party: Stones Throw Homeowners Association Permit No.: NCO070289 Amount Assessed: UL7114 Please use this form when requesting remission of this civil penalty. You must also complete the "'Request For Remission, Waiver of Right to an Administrative Ifearing, 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 rernission 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. § 143B-282. tic), remission of a civil penalty maybe 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 towhythe 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 assessmentfactors are listed in the civilpenaltv assessment documen)-' (b) the violator promptly abated continuing environmental darnage resulting from the violation (i,e,, explain the steps that you took to correct the violation and prevent,future occurrences); (c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or something you could not prevent or pre care fior); (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 tile,, explain how payment of the civil penalty will prevent yo ufrom performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT E ENVIRONMENTAL QUALITY q COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT } VE F RIGHT TO AN E CIVIL PENALTIES AGAINST ADMINISTRATIVE REARING AND STIPULATION FACTS Stones Throw Homeowners Association Ridgewood ood "ar s Subdivision PERMIT NO, NCO070289 CASE NO. Eli- 17-0011 Having been assessed civil penalties totaling J370.34 for violation(s) as set forth in the assessment document of the Division of Water resources dated July l � tl i 7, the undersigned, desiring to seep remission of the civil penalty, does hereby waive the right 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 � . � ..... � dad'' of � _ .; 0._ _. SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Stones Throw Homeowners Association CASE NUMBER: L -2 1 7-001 PERMIT: NCO070289 REGION: Mooresville FACILITY- Ridgewood d Farms Subdivision COUNTY: Cabarrus LIMIT VIOLA IONS SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty DateMonth/Yr. Parameter Frequency Measure Value Value Limit Type Amount 618f2515 9-2016 Solids, Total Weekly mgn 45 55 51.1 Daily $100,00 Suspended- Maximum Concentration Exceeded MONITORING VIOLATION(S)' SAMPLE LOCATION: : utfall 001 . Effluent Violation Report unit of Limit Calculated % Over Violation Penalty Elate Monthl`Yr. Parameter Frequency Measure Value Value Limit Type Amount 9130/211 9-2515 Nitrogen, Total _ Quarterly mg/1 Frequency $100l ti Concentration Violation 9130/2016 9r2015 Phosphorus, Total (as Quarterly mg/i Frequency $690 P) - Concentration Violation Certified Mail # 7015 1520 0002 6878 2363 et`ara Receipt Requested May 05, 2017 Ms. ,Julia Zeledon Stones Throw Homeowners Association PO Box 149 Harrisburg, NC28075-1495 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute ( .S.) 143- .15.1(a)(ti) and NPDES WW Permit No. 1 CO070 ;8 Stones Throw Homeowners Association Ridgewood Farms Subdivision Case No. LM-2017-0011 Cabarrus Count Dear Ms. ledon. This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $370.34 ($269.00 civil penalty $101,34 enforcement costs) against Stones Throw Homeowners Association., This assessment is based upon the following fads: a review has been conducted of the discharge monitoring report (DM ) submitted by Stones Threw Homeowners Association for the month of September 2016. .This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPD xS WW Permit No. 1 C0070 89. The violations, which occurred in September 2016, are summarized in Attachment A to this letter: Based upon the above facts, / conclude as a matter of law that Stones Throw : Homeowners .Association violated the terms, conditions or requirements of NPDFS WW Permit No. NCO070289 and G.S. 143- 15.1(a)() in the manner and extent shown in .Attachment A. In accordance with the maximums established. by G,S, 143- 15. A(a)( ), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of permit required by G.S. 143- 15.1(a). Based upon the above findings of fact and conclusions of law, and its accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, - Corey Basinger, Regional Supervisor, Mooresville regional Office hereby mare the following civil penalty assessment against Stones Throw Homeowners Association; State of North Carolina ( Environmental Quality � Water Resources 10 Ease Center Avenue, suite Sill, Mooresville, NC 28115 704- 3-1 9 ---------- qqqq $jOO.00 I of the I violations of 143-215. 1 (a)(6) and PerTnitNo,NCO070289, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for TSS - Cone, $�10000 for I of the I failures to prcopcw',y --nionitor TOTAL N -Cone in violation of Permit No, NC0070289_­._, $u9.00 for I of the I failures to properly monitor TOTAL P - Cone in violation of Permit No, NCO070289, $_Z69.00 TOTAL CIVIL PENALTY J1 01.34 Enforcement Costs $37034 TOTAL AMOUNT DUE Pursuant to G , S. 143 -21 5.6A(c), in determining the amount of the penalty I have taken into account the F indings of Fact and Conclusions -of Law and the factors set forth at G . S . 143 B -2 82 , I (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 to 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) days 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 I- Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver fiorm). 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 ppp"- Option2: Submit a written request for remission or mitigation including a 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 tolhe reasonableness of the amount of the civil 06iialty '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 why 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 14313-282. 1 (b) was wrongfully applied to the detriment of the petitioner-, (2) whether the violator promptly abated continuing environmental damage resulting frornthe 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 mo,ust c L_Wlete and submit the enclosed "Rp-quest for Remission of Civil Penalties Waiver of Right to 4R_Admiln'strative Heari ulation of Facts" form withLin thirty 30 a f r�qg is im�ll _�_JA_yLo gipt9fthis_ notice. The Division of Water Resources also rpqgests that.ygitcomplete -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 atition for an administrative hearing with the Office of Admittistratiyp Rearingw. 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 "�°llfOffice of Administrative Hearings within thirty (30) days cif ft-ef,,ipvakhis notice. A petition is considered filed, when, it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 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 § I SOB-23 .2) is received in the Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the fihj�roqes�j. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr, 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 evidenced by an internal date/firne 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 Roberto Scheller with the Division of Water Resources staff of the Mooresville Regional Office at (252) 946-6481 or via email at roberto.schetter@ncdenr,gov. Sincerely, W, Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance[Enforcement Unit - Enforcement File ppl— ppwpw- JUSTIFI ATION FOR REMISSIONffQUEST Case lumber: L - 017-0011 County: Cabarrus Assessed Party: Stones Throve lfomedwvners association Permit No.: NCO070289 Amount Assessed: $12Q.34 Please use this form when requesting remission of this civil penalty, You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, , 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 violations) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C. . . § 14313-28 .1(c), remission of civil` penalty may be granted only when one or more of the following five factors apply. Please check each 1actor that you believe applies to your case and provide a detailed explanation, including codes 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:.CI. . 143B- 8 .1(b) were wrongfully applied to the _ detriment of the petitioner (the assessmentfactors are listed to the eivil penalty assessment document) (b) the violator promptly abated continuing environmental damage resulting from the violation (i.ea, explain the steps that you tools to correct the violation and prevent future occur rences),� (c) the violation was inadvertent or a result of an accident. (i.e., explain wwluy the violation was unavoidable or something you could not prevent or prepare f'or)m (d) the violator had not been assessed cavil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the,, remaining necessary remedial actions (i.e., explain m how payment of the civilpenalty'will prevent you from: performing the activities necessary to achieve compliance). qqqq STATE OFNORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT WAIVEROF RIGHT TO A 3F CIVIL PENALTIES AGAINST ADNIINISTRATM } STIPULATION TION OF FACTS Stones Throw o eown rs Association} Ridgewood Farms Subdivision PERMIT NO, NC 'it 289 CASE NO. LM-2017- 011 Having been assessed civil penalties totaling 1.370.34 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May ; 201 ,,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and dares 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 roust be submitted to the Director of the Division of Water Resources within thirty (ti) days of receipt of the notice of assessment. No new evidence in support off: remission request will be allowed after (p) days from the receipt of the notice of assessment. This the .. day of 0 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Stones Throw Homeowners Association CASE NUMBER: LM-2017-0011 PERMIT: NCO070289 REGION: Mooresville FACILITY: Ridgewood Farms Subdivision COUNTY, Cabarrus LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount —67812016 9-2016 Solids, Total Weekly mgA 46 68 511 Daily $100.00 Suspended- Maximum ConcentraUon Exceeded MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty, Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 9130/2016 9-2016 Nitrogen, Total - Quarterly mgA Frequency $100DO Concentration Violation 9/aO/2016 9-2016 Phosphorus, Total (as Quarterly mgA Frequency $6900 P) - Concentration Violation ROY PPPPF $JAY ZIMMERMAN, Certified bail # 7015 15200002 6878 2233 et January 31, 2017 s. Julia Zeledclry Stones Throw Homeowners Association PO Box 1495 Harrisburg, NC 280 5-14g SUBJECT: NOTICE OF VIOLATION & INTENT ASSESS CIVIL PENALTY Tracing Number: N - 017-L -0 1Z Permit No. NCO070289' Ridgewood Farms Subdivision abarrus County review of the September 2016 Discharge monitoring Report D R'for the subject facility revealed the violation(s) indicated below: • Sample Limit it Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - /S/ .616 45 68 daily Maximum Exceeded Concentration (C 53 ) conitoring yi:ola ion s Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Nitrogen, Total - Concentration 9/30/2016 Quarterly Frequency Violation (C0600) 061 Effluent Phosphorus, Total al (s P) s /30/ 016 quarterly Frequency Violation Concentration (C0665 state of forth Carolina I Environmental Quality i Water Resources 610 mast tenter Avenue, Suite 301, Mooresville, NC 28115 704-663-169 Consent. If you have any 0008tioftSi concerning this matter or to a0ply for an SOC, please contact Robeft Scheller of the Mooresville Regional Office at 704-663-1699. Sincerely, k W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ H 111111111:1111 illliiiiiiiiiiiiiii, 1121LOJUSHIUM State of North Carolina I EnvironnientalQuality i Water Resources 610 East Center Avenue, Suite 30 1, Mooresville, N(,' 28115 704-663-1699 DMR Review r 770ty: > ~ ,,� Permit No.: Pipe No, onthtYear. ntltlyere ilatines Parameter Permit Limit DMR Value % Over Limit Action ither io{ationsi taf€ Remarks: s..a Supervisor Remarks: /06 Completed b:TM. Date: Assistant Regional Supervisor Sign f ate, Regional Supervisor Sign P r Off. Date: e / /2ti1 , 1a17 PM DMR Review Record blaster 1602, Without Arms DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT' Violator: Stones Throw Homeowners Association Facility Marne. Ridgewood Farms Subdivision Permit Number: NCO070289 {County: Cabarrus Case Number: LM-2017-0011 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private $d property resulting from the violation; t y ) The duration and gravity of the violation, , ) The effect on ground or surface water quantity or quality or on air quality; a u ) The cost of rectifying the damage; ) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully or intentionally, ) The ,prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority with t2w oath compliance history (July 2015 through August 2016) as follows; 07-2015 Daily Max Decal Cdlifor , 2-Minimum DO, OV-2015-Lev'-0616 S) The cost to the State of the enforcement procedures. Enforcement test: 1 hour staff tiea..o,.... $3338 hour supervisor time ........... .. .... ................$ 52.5 Administrative staff cost.....,.. ................ 15. t1 Total Enforcement Cast $ 101.34 T1 to . Corey Basinger, Regional Supervisor "rater Quality Regional Operations Section Mooresville ill Regional Office Division of dater Resources, NCDE