NC0070289_Enforcement_20170901

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$ STONES THROW HOMEOWNERS ASSOC.
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q S PO BOX 690725
• 0. CHARLOTTE NC 28227
-C ATTN:WAYNE HUNTLEY
.. dwr/rs 9/1/17

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STONES THROW HOMEOWNERS ASSOC.
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CHARLOTTE NC 28227 to
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UNITED STATES; ?SE L; VICSE First-Class Mail
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a t3; �:...t::. USPS
,-.. EP » , Permit No.G-10
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NCDEQ/WQROS m m
610 EAST CENTER AVE. m
SUITE 301 T -vv
MOORESVILLE NC 28115 o cg) fr
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Wayne Huntley
Stones Throw Homeowners Association
PO Box 690725
Charlotte, NC 28227
SUBJECT.- Notice of Violation and Assessment of Civil Penalty
for Violations of INorth Carolina General Statute (G, .) 143- 15.I a ( )
and NIT S WW Permit No. NCO070 8
Stones Throw homeowners Association
Ridgewood farms Subdivision
Case No, LM-2017-00 8
Cabarrus County
Clear I . Huntley.
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,153 6 (1,00.00 civil penalty
+ $103,62 enforcement costs) against Stones Throw Homeowners Association;
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(Dl' lR.) submitted by Stones Throw Homeowners Association for the month of April 2017. This review has shown the
subject facility to be in violation oft e discharge limitations andlor monitoring requirements found in NPDES WW Permit
No, NCO070289. The violations, which occurred in April 2017, are summarized in Attachment A to this letter.
Based 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, NCO070 89 and G.S. 143 -2 1 5 .1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 14 - 1 .6A(a)( ), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit requireby G.& 14 - I , l(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 R.esources,1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional C9I"l'ice hereby make the following civil penalty assessment against Stones Throw
Homeowners Association:
State of North Carolina I Environmental Quality I water Resources
G 10 East Center Avenue, Suitt; 301, Mooresville, NC 28113
704-663-16

$100.00 1 of the 2 violations of 143-215. 1 (a)(6) and Permit 1o.NCO070289, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
00 1, of the 2 violations of 143-215 . I (a)(6) and Permit No.NCO0702 89, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for "COLT BR,
%0 kQ I of the I violations of 143-215. 1 (a)(6) and Permit No.NC1i070289, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for TSS - Cone.
$250.00 I of the I violations of 143-215.I(a)(6) and Permit No.NCO070289, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Cone.
$2%00 1 of the I violations of 143-2 15. 1(a)(6) and Permit No.NCO070289, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for N113-N - Cone.
41.00 I of the I violations of 143-215. 1 (a)(6) and Permit NoNCO070289,lay discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc:
JQj04 for 0 of the To failures to properly monitor FLOW in violation of PeitNo. NCO070289.
$ 1 �O5 Q.00 TOTAL CIVIL PENALTY
JtQ3_fi.2 Enforcement Costs
1,153.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-2 1 5.6A(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. 14313-282.1(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 to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

in 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 wTitten 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 in dam waiver
JbrM). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
I
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 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 aternission 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 t43B-282. I (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 info 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
Environmental Management Commission's Committee on Civil Penalty
Remissions (Conimittee). Please be advised that the Committee eannot 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.
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleiah. North Carolina 27699-1617

Option 3: File a ggtfti" firw an A e heArhig LiA flLe Office of AAwiuistrq&e Wan'ngl- I
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 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 pm., 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 taxed or electronic transmission. You
should contact the Office of Administrative Hear the-
-IRV
F, fih r
The mailing address and telephone and fax numbers for the Office of Administrative Hearing% are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
TO: [phone]
Fax: [phone]
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/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 Sclieller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NODEQ
ATTACHMENTS
cc; WQS Mooresville Regional Office - Enforcement File
NPDES Con-tpliance[Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSIQN_B�FUE�ST
Case Number: LM-201.7-0028
Assessed Party- Stones Throw Homeowners Association
Permit No.. NCO070289
County: Cabarrus
Amount Assessed; $1,153-62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to (in 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 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. § WB-281 I (c), 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 to why the
factor applies (attach additional pages as needed).
(a) one or inore of the civil penalty assessment factors in N.C.G.S, 143B-282, I(b) were, wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the civilpenaltt, assessment documenr);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., L"plain the
steps that you took to correct the violation andpreventfitture occurrences),-
(e) the violation was inadvertent or a result of an accident (i.e., explain wky the violationwas unavoidable or
something you could not prevent 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
howpqvment of the civilpenalry will prevent you,from performing the activities necessary, to achieve
compliance),
EXPL.A,NATION-

STATE TE OF NORTH CAROLINA DEPARTMENT ENVIRONMENTAL N?tiIpNT'r I i LITY
' t.iNTY OF CABA.RRTjS
IN TRE MATTER, OF ASSESSMENT WAIVER OT TO A
OF CIVIL PENALTIES TAINT ADMINISTRATIVE HEARING
STIPULATION OF FACTS
Stones Throw Homeowners Association
Ridgewood Farms Subdivision
PERMIT NO, N O0702 lT CASE NO. 1,NI-2017-0028
Having been assessed civil penalties totaling UJL51.62 for violation() as set forth in the assessment document of the
Division of Water Resources dated September 1, 2017, 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 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 ofWater Resources within thirty (Tii) days of receipt of the notice
ref a.ssessme t. No new evidence its support of a remission request will be Hallowed. after (p) days from the receipt of the
notice of assessment.,
rhis the : _ . u dray of . _ _ ..:._ .M. _ ...
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Stones Throws Homeowners Association
CASE NUMBER LEI-2017-0 2g
PERMIT: N O070289
FACILITY: Ridgewood Farms Subdivision
LIMIT VIOLATION(S)
REGION: Mooresville
COUNTY: Cabarrus
SAMPLE LOCATION: ATION::
gutffall 001 - Effluent
Violation
Report
Emit of
Limit
Calculated
% Over
Violation
Penalty
Date
Montl'[Yr,
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
41612017
4-2017
BC) , 5-Day (20 Deg.
"meekly
m 11"
g
27
45
667
Daily
10000
C ) -Concentration
Maximum
Exceeded
4/2012017
4-2017
BOO, 5-Day (20 Deg.
Weekly
rngA
27
29
7 4
Gaily
$0,00
C ) - Concentration ntration
Maximum
Exceeded
4/3012017
4-2017
BOO, 5-Day (20 Deg.
Weekly
mgA
13
29,30
52.5
Monthly
$250,00
C ) - Concentration
Average
Exceeded'
.�4113I017
4-2017
C;olitorm, Fecal MF, ,...
Weekly
1100rnlM„
���._
400
SCig
50,0
Daily
100 00
MFC Broth, 44.5 C
Maximum
Exceeded
w.12712017
m2017
Ccl'tcrrn, Fecal MF�.�.w�
� _Weekly
rICirml
400
470
175
Daily
$0,00
1FB Breath, 4.4.5 C
Maximum
Exceeded
4/30/2 17
4-2017
Nitrogen, Ammonia
Weekly
rngtl
5
7,60
52,7
Monthly
250 00
Total (as N) -
Average
Concentration
Exceeded
4112017
4-2017
Solids, Total
Weekly
rngA
45
243
440,0
Daily
$100,00
Suspended-
Maximum
Concentration
Exceeded
4/3012 317
4-2017
So i s, Total
Weekly
mgll
30
5E.20
127.3
Monthly
25C ,00
Suspended
Average
Concentration
Exceeded
MONITORING VI "TIN
SAMPLE LOCATION: ION:
Outffall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date
MonthfYr.
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
411r2017
4-2017
Flow, in conduit or thru
Continuous
mgd
Frequency
$0,00
treatment plant
Violation
4/212017
4-2017
Flow, in conduit ur thru
Continuous
mgd
Frequency
$0,01
treatment plant'
Violation
418/2017
4-201'7
Fluty, in conduit or th u
Continuous
mgd
Frequency
C1 OO

419/2017
4-2017
Flow, in conduit or thru
Continuous
rngd
Frequency
$0.00,
treatment plant
Violation
4/14/2017
4-2017
Flow, in conduit or thru
Continuous
mgd
Frequency
$0M
treatment plant
Violation
4/15/2017
4-2017
Flow, in conduit or thru
Continuous
mgd
Frequency
$0DO
treatment plant
Violation
411612017
4-2017
Flow, in conduit or thru
Continuous
mgd
Frequency
$000
treatment plant
Violation
4/22/2017
4-2017
Flow, in conduit or thru
Continuous
mgd
Frequency
$0,00
treatment plant
Violation
412912017
4-2017
Flow, in conduit or thru
Continuous
mgd
Frequency
$0,00
treatment plant
Violation
4/3012017
4-2017
Flow, in conduit or thru
Continuous
and
Frequency
WOO
treatment plant
Violation

7000 Stinson Hartis Rd
sufte F
Indian Trail, NC 28079
Water Qual ity Region4lOperatiorlIs Section
Mooresville Regional Office
610 East Center Ave., Suite 301
Mootesvillej NC 28115
Attn- Mr, W. Corey Basinger
Mr. Roberto Scheller
Dear Sirs;
Inspection Area Violation Description Proposed Remedial Action
Limit Exceedance Violation(s) Exceedances of BOD, Solids and The chlorine deficiency on April 13
Coliform during April 2017. The BOD was remedied when more chlorine
and solids exceedance on April 6 and tables were delivered, Going
the BOD exceed resulting from 'two
forward, the chlorine and
0.50" rain events in the preceding
dichlorination tablet supplies will be
days. The small fecal coliform
monitored more closely.
exceedance on April 13, was due to a
low chlorine supply. The cause of the
EP5s understanding of the section
April 20 BOD exceedance was unable
6.a, was that none of the
to be determined. The violation of
exceeclances "potentially threatened
fecal coliform on April 27 and the
public health or the environment"
exceeclance of BOD, ammonia, and
which, in its experience, would have
solids on April 30 2017 were the
been an incident requiring a bypass of
result of 2.50" of rainfall in the area.
the discharge, For all future
Verbal and written reports were not
exceedances, EPS will notify the
provided per Item 6a in Becton E of
Regional Office verbally within the
the NPDES Standard Conditions
24- hour period,
section of permit NCO070289,

Page 2 August 28, 2017
Record Keeping Monitoring violations. Flow data Flow is monitored 7 days per week,
must be reported on the DMR 7 days however, it was only recorded for the
per week. days the operator is required to visit
the facility, which is 5 days per week.
After an August 23, 2017 phone
conversation with Roberto Scheller, a
way to report the additional 2 days of
data was determined. The non-
electronic DIVIR's for March -June will
be resubmitted via mail, The July
eDMR will also be corrected and
resubmitted. All future eDMR's will
contain 7 days of flow data.
0 Aj=jg!UgIIffSL=1;1 1 v 0
If there are any questions or concerns re0rdirig the proposed actions, 010se contact "llie Heddck at
�g br 5haron Bass au� g i -
IM
Kellie Hedrick, NC/SC PE
Principal Environmental Engineer
NC Certified Contract Wastewater Operator

coirti� Mail # 701s 1S!0 00016084 0454
kqturn —ip
Rgge & agqmgg�d
August 22, 20t7
Wayne Huntley
Stones Throw Homeowners Association
PO Box 690725
Charlotte, NC 28227
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LM-0059
Permit No. NCO070289
RJdgewood Farms Subdivision
Cabarrus, CountY gyp.
Dear Mr. Huntley:
A review of the April 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Ex�ceedancqViolation
Sample
Limit
Reported
Location
Parameter
Date
Value
Value
Type cif 'ViolaLion
001 Effluent
BOD, 5-Day (20 Deg. Q
4/6/2017
27
45
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
Solids, Total Suspended -
4/6/2017
45
243
Daily Maximum Exceeded
Concentration (CO530)
---6-61 —Effluent ­Co4form-,­Fecal
MF-,-M—F--CBroth,
4/13/2017
400
600
Daily Maximum Exceeded
44.5 C (31616)
--"-601 —Efflu-e"-n'-t-'-'
--BO'- —D, -5'--D-a'—y -('-20Deg-.--C)-,---"—
—4/20/201-7--,-
—27—,—
—2---9D,-a-ily—Maxi-m---u,-m—Exc-ee—d"e
d —
Concentration (C0310)
0 �IEff I ue-n —t
C - o- I —if 6 rm, Fe cal Ill~, -M-'F—C -B'-r o—t h,
—4/2 7/ 2 0-17—
400
470
Daily Maximum Exceeded
44,5 C (31616)
001 Effluent
BOD, 5-Day (20 Deg. C) -
4/30/2017
18
29.25
Monthly Average Exceeded
Concentration (C0310)
001 Effluent
Nitrogen, Ammonia Total (as
4/30/2017
5
7.64
Monthly Average Exceeded
N) - Concentration (C0610)
State of North Carolina J EnvifonmenW
Quality I Water Resources
610 East Center
Avenue, Suite 301,
Mooresville,
NC 29115
704-663-1699

Onit Aaq6d violg6q�jg):
Sample
Limit Reported
Location
Parameter
Date Value Value
Type of Violation
001 Effluent
Solids, Total Suspended - 4/30/2017
30 68.18
Monthly Average Exceeded
Concentration (C0530)
Monitoring Violationts
Sample
Monitoring
Location
Parameter
Date
Frequency
Type of Violation
001 Effluent
Flow, in conduit or thru treatment
4/1/2017
Continuous
Frequency Violation
plant (50050)
--66-1-CfiFuen-F--Flow,
in —conduit or"-thru -treatment
—4/2/2-0-1-"7
Continuous
Frequency Violation
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
4/8/2017
Continuous
Frequency Violation
plant (50050)
6 -E-ff-l-u-en-t'--IFI—ow,in
conduitor —thru --t-re-atm-e-n-t
--,-4-/9/-20-1,-7-,---C,-o"nti—nuous---F-req—uenc-y,V-i
o'-I-ati-o—n'--"--
plant (50050)
I Effluent
Flow, in conduit or thru treatment
4/14/2017
—continuous -'------'Freq
"en Violation
plant (50050)
001Effluent------
Fln­w, in--c--o-nd-uit—cart -'h-ru-treatment
4/15/2017
Continuous
Frequency Violation
plant (50050)
001 Effluent
Flow, in conduit or thru treatment
4/16/2017
Continuous
Frequency Violation
plant (50050)
—60-1-Effluent- --
—Flowin co-n'd-u-it—or-thr-u-t-rea—tme-n-t-'
4/22/2017
Continuous
Frequency Violation
plant (50050)
001 Effluent Flow, in conduit or thru treatment 4/29/2017 Continuous Frequency Violation
plant (50050)
001 Effluent Flow, in conduit or thru treatment 4/30/2017 Continuous Frequency Violation
plant (50050)
State (if North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28t I i
704-663-1699

FRemedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources pursue enforcement action: for this and any additional violations of
State lair. 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 b
Consent.
Reminder: Pursuant to Permit Condition o 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 dire to planned maintenance activities, taping units off-line, etc.
If you have any questions concerning this matter or to apply for an SO , please contact Roberto Scheller of
the Mooresville Regional Office at g--tgg
Sincerer,
lo
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCI E
Cc* W S Mooresville Regional Office - Enforcement 'File
P PDES Compliance/Enforcement Unit - Enforcement File
s. l ellie Hedrick, Permittee, email. [e-mail]
State of Mortis Carolina ¢ Environmental Quality I Water Resources
610 fast Center Avenue, Suite 301, Mooresville, NC 2811,5
704-66 -t 9

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SUORRIOI I t I h

F
Violator: Stones Throw Homeowners Association
Facility ernes Ridgewood farms Subdivision
Permit Number: NCO070289
County. Cabarru
Case u bermLM-2017-0028
ASSESSMENT FACTORS
1) 'The degree and extent of harm to the natural resources of the Mate, to the public healthy or to private
property resulting from the vio�ion;
) The duration and gravity of the violation
) The effect on ground or surface water quantity or quality or on air quality,
4) The east of rectifying the damage;
A I i
) The amount of money saved by noncompliance
) Whether the violation was committed willfully or intentionally;
W;�.* 0.44 —11V 46,— .,4IkX , .
) The prior record of the violator in complying or failing to comply with programs over which the
Environmental ; Management Commission has regulatory authority; and
tl
) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time......... ..:.: ......... „ ....:....,.. ,... 34.8
t hour supervisor time...,. ................. . ......... . 53.78
Administrative staff cost............. ..... 15.0
Total Enforcement Cost 103-62
W. Corey llasi pier, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Envision of Water Resources, NC"DE