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▪ 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.
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RIDGE WOOD FARMS AT STONES THROW
PO BOX 690725
CHARLOTTE NC 28227
ATTN:MR WAYNE HUNTLEY
dwr/rs 7/11/17
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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