NC0070289_Enforcement_20171103

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3 Sit CHARLOTTE NC 28227
ATTN: MR WAYNE HUNTLEY
°i1 dwr/rs 11/3/17

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ROY COOPER
Goverxiar
MICHAEL S. REGAN
S
rir`for
October 02, 201
:fir. Wayne Huntley
Stories Throw Homeowners association
PO Box 690725
r'karlr,tte ir" 2 27
Subj ect: Payment Acknowledgement for Civil Penalty Assessment
Ridgewood Farms at Stones Throw WWTP
County Cabarrus
Permit NCO070289
Case No. -2 17-030
Dear Mr. Huntley:
This letter is to acknowledge receipt of Check No. 2048 in the amount of 3 .62 received from you dated /30/201 .
This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed.
Payment of this penalty in no way precludes future action by this Division for additional -violations of the applicable
statutes, regulations, or permits.
If you have any questions, please call Wren i hedford. at 919-707-3601.
Sincerely,
Wren Thedford
A ` LL .s tive Assistant
Water Quality Permitting Section
ecEnforcement Pile # L V-2t117- 3I
Mooresville Regional Office Supervisor
North Carolina De artm*a!af Environmental Quality J Dhisbir of Water Resources
45 - f-v-. Moor vi ibnaIOffa oe 1610 EastaterAv ave, Su ke 3011 M ooTesv9se, NorthCasmhas 28iiS;
7t -i 0;

November 03, 2017
Mr. Wayne Huntley
Stones Throw Homeowners Association
PO 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. l(a)(6)
and NPDES WW Permit No. NCO070289
Stones Throw Homeowners Association
Ridgewood Farms Subdivision
Case No. LV-2017-0309
Cabarrus County
Dear Mr, Huntley:
This letter transmits a Notice of Violation and assessment of civil penalty in the arnount of $453,62 ($350.00 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
(DMR) submitted by Stones Throw Homeowners Association for the month of July 2017. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Pe it
No. NCO070289. The violations, which occurred in July 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Stones Throw florneovmers Association violated the terms,
conditions or requirements of NPDE S WW Permit No. NCO070289 and G.S. 1434215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by, G.S, 143-215. t(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 penalqr assessment against Stones Throw
Homeowners Association:
State of North Carol itia I Environmental Quality I Water Resources
610 Erst Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$lK00 1 of the I violations of 143-215.I(a)(6) and lie nnitNo.NCO070289, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone,
$231 00 1 of the -1 violations of 143-215. 1 (a)(6) and Permit No,1 CO070289, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone.
11:!�QjQ0 TOTAL CIVIL PENALTY
L103,L2 Enforcement Costs
$_,�j3.62) TOTAL AMOUNT DUE
Pursuant to G& 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of 1,aw 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 noncompliarice,
(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 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not inclutic waiver
fonn)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

P_
11111PPp"'Option 2: Submit a written request for remission or mitigation including a detailed justification for such
PPF� request®
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute, Please prepare a detailed statement that establishes 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 143B-282, l(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 payrnent 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 Connnittee 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 jpquest re t C rn,)Iqte and submit the enclosed "Reqqest for rnission of Civil Penalties,
WarySLpf Right ig Ekakda(inistratiNLeHeariq&.Aad Stipulation of Eaqt" form within th L19) d_ays q(.reqpjRt_qf this
nprfice. The Division of Water Resources also requests thgt omplete amtsubmit, the eqlnsecd �Justificatjon for
Remission
_RQac5_L"
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 petition for an administrative hearing with the Office of Administrative Heatipgs:
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 forte 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 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 § 1 50B-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 HearingLw
ith all gqestt tjLin --&fee and/or the details of the
film g-praces,
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: (919)4,31-3100
One (1) copy of the petition must also be served on DEQ as follows:
N,4r. William F. Lane, General Counsel
Departirient 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 stanip (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 assessirient.
If you have any questions, please contact Roberto Sebeiler with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at roberto.scheller@wdenngov,
Smoerely,
4F "I
V
i-on- W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, `,\1CDEQ
ATTACHMENTS
Cc WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

Case Number: LV-2017-0309
Assessed Party: Stones Throw Homeowners Association
Permit No.- NCO 070289
County: Cabarrus
Amount Assessed* jA__53_,_6_2
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 violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant toN,C.G.S. § 143B-282,1(c), remission ofacivil
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 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 assessmentj4dors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation andprevent future occurrences),-
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was 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 (Le_ explain
how pay meat of the civil penalty will prevent youftom performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
f1i'tY -QKT'rA_r CVP I- A Q AD QT TO
DEPARTMENT OF 1ENV"MINTAL QUALITY
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Stones Throw Homeowners Association
Ridgewood Farms Subdivision
PERMIT NO. NCO 0289 CASE NO. LV-1017-0309
Having been assessed civil penalties totaling $453.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated November tit7, 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 of Water Resources within thirty (30) days of receipt of the notice
ofassessment. 'No new evidence in support of a remission request will be allowed after (3 0) days from the receipt of the
notice of assessment,
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT
Stones Throw Homeowners rs Association
CASE NUMBER: LV-2017-0309
PERMIT:
NCO0702
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
Cate
M nt r Parameter Frequency
Measure
Value
Value Limit
Type
Amount
7/1 1 017
7- 017 BOD, 5-Day (20 Deg, Weekly
mg/1
27
32 18,5
Daily
10&00
C) - Concentration
Maximum
Exceeded
7131/ 0'17
7- 017 Nitrogen, Ammonia Weekly
mg71
5
7,8 55.0
Monthly
$250,00
Total (o N) -
Average
Concentration
Exceeded

u0ijelluanuo
M et IZ t/bw ( 0z) Ae -9 '008 Lwzll dL
U040 VW!l EWA anIVA ainsraw Aouenbajj x 3 W9J9 ale
jaAO% P0tejra5le ;Ic t 3031u u0t3elot
tttanll 3 - 10llrjlno uoijuarr aldwe
011U101A Fi tz^ ITU
0,99 09'L 9 tJ iLa kx9a (N Sep telDL VU0wUJV'U,?50A!N LtOMLTL
UOIJO 3 W!l anjaA Eats _ ainseaW .wagetueaed ale
JOA % Palelnojeo tluall 30 Pun uot3 M
raan111;^ - 100I1Jan :trolt ao'l aiduilgS
Suoi3t;101A 3t11t1�1 a eJa V Xjgjnol<
)Pall) OMPTID �aaj,_� &u P#e;) of juant4q C
uol3a gjsset - a e , ApogjajeM uot4duise lle13n tte31 4
4powinem
68ML(iODN :Ja tnnr 3Qtu.ta
,13!jj 11 U01t4 3jjtASal00j
C1803-01 a C1t1 ?1 11 i1
L AIL,: NlnJ :popad prod

Completed b _-. pate;
Assistant Regional
Supervisor Sign -off: Date -
Regional Supervisor
Sign -off. pate:
Page 2 of

Prior 12-Month Enforcement Histffy
Permit Number, NCO070289
Report Period; LuN 2 �QL7
Limit Violation
Sample Location:
giLtfall-20.1 -EffLugnt
Violation
Report
Violation
Date
Period
Parameter
Type NOD
NOV
CPA
3,(1612017
3-2017
BOD- 5-Day (20 D8g C) -
Daily Maximum
NOV-2017-LR-0016
Concentration
Exceeded
311612017
3-2017
ScAds. Total Suspended =
Daily Maximum
NOV-2017-LR-0016
Concentration
Exceeded
3131,12017
1-2017
Sohds, Total Suspended -
Monthly Average
NOV-2017-LR-0016
Concentration
Exceeded
415,12017
4-2017
BOD, 5-Day (20 Deg. C) -
Daily Maximum
NOV-2017-LM-0059
LM-2017-,0028
Concentration
Exceeded
41612017
4-2017
Solc:ls, Total SLAspended -
Dwly Maximum
NOV-2017-1-M-0059
W-2017-0028
Concentration
Exceeded
40 312017
4-2017
Cohfarm Fecal MF WC
Daly Maximum
NOV-2017IM-0059
LM-2017-0028
Broth, 44,5 C
Exceeded
4/2012017
4-2017
80D, 5-Day (20 Deg Cp -
Daily Maximum
NOV-2017-LNI-0059
LM-2017-0028
Concentration
Exceeded
412712017
4-2017
Cohform, Fecal MF MFC
Daily Maximum
NOV-2017 LM-0059
LM-2017.0028
Broth, 44 5 C
Exceeded
4130t2017
4-2017
BOD, E-Day (20 Deg. C) -
Monthly Average
NOV-2017 L.M-0059
LM-2017-0028
Conceraration
Exceeded
4/3012017
4-2017
Nilrogen, Arnmona Total (as
Monlhlyyrverage
NOV-20 17 - LM 0059
W-2017,0028
N) - Concentration
Exceeded
4V30/2017
4-2017
Solids, Total Suspended -
Monthly Average
NOV-2017-t M-0059
LM-2017-0028
Concentration
Exceeded
W812016
9-2016
Sohds. Total Suspended -
Daily Maxnnum
NOV-2017-LM-0012
W-2017-0011
Concentration
Exceeded
Monitoring Violation
Violation
Date
Report
Period
Parameter
Violation
Type
NO NOV CPA
313 112017
3-2017
Nitrogen, Total -
Frequency Vmlabon
NOV-2017-1-R-0016
Concentration
313112017
3-2017
Phosphorus, Total (as P) -
Frequency Violation
NOV-2017-LR-0016,
Concentration
4,11!2017
4-2017
Fiow in conduit or thru
Frequency Violation
NOV-2017-LM-0059 W-2017-0028
treannent plant

Monitoring Violation
Sample Locationi. Outfaff 001 - Effluent
Violation
Report
Violation
Date
Period
Parameter
Type
NOD NOV
CPA
4/212017
4-2017
Flow, in conduit or thru
Frequency VloCation
NOV-2017-LNG-0059
LM-2017-0028
treatment plant
4/812017
4-2017
Flow, in conduit or thru
Frequency Vmlation
NOV-2017-LM-0059
LNI-201 7-0028
treatment plant
41912017
4-2017
Flow, in conduit or thru
Frequency Molatfon
NOV-2017-LNI-0059
Lic1-2017-0028
treatment plant
4114/2017
4-2017
Flow, To conduit or thni
Frequency, Violation
NOV-2017-LM-0059
LM-2017-0028
treatment plant
4,1512017
4-2017
Flow, to conduit or thou
Frequency Violation
NOV-2017-LM-0059
LM-2017-0028
treatment plant
406/2017
4-2017
Row, Iri conduct or thru
FreqUency Violation
NOV-2017-1-M-0059
'100-2017-0028
treatment plant
4j'221201 7
4-2017
Flow, in conduit or thru
Prequenq, VicuatKin
NOV-2017-LM-0059
LM-2017-0028
treatment plant
4,12912017
4-2017
Flow, in conduit or thru
Frequency Vialabon
NOV-2017-i-M-0059
LM-2017-0028
treatment plant
413012017
4-2017
Flow, in conduit or thru
Frequency Violabon
NOV-2017-LM-0059
LM-2017-0028
treatment plant
9130/2016
9-2016
Nitrogen Total -
Frequency Violation
NOV-2017-LM-0012
LM-2017-0011
Concentration
9,,'30/2016
9-2016
Phosphorus, tot i (as P) -
Frequency Violation
NOV-2017-LM 0012
LM-2017-0011
C oncent ration
Reporting Violation
mmmmuz=
Violation
Report
Violation
Date
Period Parameter
Type NOD
NOV CPA
113/2017
1-2017
Late/Mtssinq DMR
NOV-2017-LIR-0010
113112017
12-2016
Late/Mmsmg OMR
NOV-2017-L.R-0002
32112017
2-2017
Late/Kssfng DM R
NOV-2017-LR-0012
51112017
3-2017
LatelMissing DMR
NOV-2017-1-R-0016
513112017
4-2017
Latellolissmg DMR
NGV-2017AR-0017
Page 4 of 4