NC0064246_LR-2021-0001 GC_20210305

RO COOPER
M!CHFs1F.I, S R GAAN
Sr. r
S. DANIEL SMITH
112ri 1 C,N
Certified 11lail # 7017 2680 0000 2219 5985
Return Receipt Requested
Jonathan Gindes, / Developer Owner
Jortes !Estates face LLC
PO Box 14466
Durham, NC 27709
r)- t•
J �•l ��.�
NOR 111 CARc;l INA
Envirananntal Quality
March 1, 202 1
SUBJECT: -Assessment of Civil Penalty
for Violations of the Reporting Requirements
Case No. LR-2021-0001
Pace Mobile !Ionic Park
NPDES WW Permit No. NC0064246
Johnston County
Dear Mr. Gindes:
This litter transmits a notice of a cis it penalty assessed against Jones Estates Pace LLC in the amount of S536.5 7
(includes S36.57 in enforcement costs).
This assessment is batted upon the Billow Mg facts: The September 2020 discharge monitoring report (.-DNIR) was not filed
with the Division of -Water Resources w ithin the thirty (30) calendar days after the end of the reporting, period For hich
the report is made [per l5:\ NCAC 02B .0506].
Report Period
September 2020
Due Date
10 30 `2020
Receiked Date
Never Received
Days Late
115
A Notice of Violation (NOV-2021-LR-0001) was sent to you for failure to submit the September 2020
DtIR no later than the thirtieth (30th) clay following the reportinu. period. This notice was recek ed by you on January 19,
2021. Within said notice, you were informed to "submit the missing report within fifteen (15) (tars of receipt of the notice to
prevent further action."" The September 2020 MIR was ne\er received.
tDE=:_

The States enforcement costs in this matter may be assessed against Jones Estates Pace LLC pursuant to NCGS.
I43-215.3(a)(9) and NCGS 143B-282.1(b)(S).
Cased upon the above facts, I conclude as a matter of law that Jones Estates Pace I_LC violated the terns, conditions or
requirements of NI'DES WW Permit No. NC0064246 and G.S. 143-215.65 in the manner and extent shown abov e. In
accordance with the maximums established by G.S. 143-2! 5.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a per tit 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 Di% ision of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the !allowing civil penalty assessment against Jones
Estates Pace LI_C:
S500.00 Ior violation of NCGS 143-215.65 and NPDIS Permit 9-2020, for lailinu. to submit the
Dischar4gc Monitorin2 Report for NC0064246.
S36.57 Enforcement Costs
S536.57 'TOTAL. AMOUNT I)UE
Pursuant to G.S. 1 43-215.6A(c), in determining the amount of the penalty I ha% c' taken info account the findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-2S2.1(b), which are:
(I) 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 eater quantity or quality or on air quality;
(J) The cost of rectifying the danine;
(5) The amount o!'money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record ofthc violator in colnplyln or falling to comply with programs over which the Em ironnlcntal
Nlana',emcnt Commission has re<gulatory authority: and
(5) The cost to the State ol'the cliforcernert procedures.
Within thirty (3t) days of receipt of this Notice, you must do one (lithe following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an achninl.tlati e hearing

Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waive
farm). Payment of the penalty ‘yill not foreclose further enforcement action for any continuing or new %iolation(s).
Please submit payment to the attention of:
Water Quality Perniitting Section
NC DEQ'Divi,ion of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for reniission 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 niay
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting t► hether 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 ci•, it 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 14313-2S2.1(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 e% idence presented in support of your request for remission nwst be submitted in writing. The
Director of the Di% ision of Water Resources will review your e% idence and inform you of his decision in the matter of
your remission request. -I he response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental `Iaiiagement Commissions Committee on Civil Penalty
Remissions (Committee). Plea5c be advised that the Comm ttee cannot consider information that was not part or 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.
Iry order to request remission. you must complete and submit the enclosed "Request for Remission of Civil Penalties.
Waiver of Riuht to an Administrative Hearing. and Stipulation of Facts" form within thirty (30) clays of receipt of this
notice. The Division of Water Resources also requests that von coin -fete and submit the enclosed "Justification for
Remission Request.'.
13oth forms should be submitted to the following address:
Water Quality Permitting Section
NC DIE/Division of Water Resources
161 7Mai1 Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a Petition for an administrative hcarin2 with the Office of Administrative llcarin2s:
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 front the Office of Administrative I-Iearin__s. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered tiled
when it is received in the Office of Administrative f Icarin<gs during, normal office hours. The Office of Administrative
Clearings 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 (fix) or electronic nail 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 §I5013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filings fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Ilearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be serf cd on DI;Q as follows:
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 abo‘ c within thirt) (30) days of receipt of this letter, as C\ idenced by an internal
date.'time received stamp (not a postmark). will result in this matter being referred to the .\tti rne} General's Office liIr
collection of the penalty through a civil action. ('lease be advised that additional penalties ma_> be assessed for iolation;
that occur after 11,e review period of this a5scssmcnt.
If you have any questions, please contact Nlitchcll 11,1yes Nyith the Division of 11'ater Resources staff of the Raleigh
Regional Office at [phone] or via email at nttch.haycs'a ncdenr.__o\.
Sincerer.
�Je Scott Vinson, Regional Super\ isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources. NCD1:Q
ATTACI LIEN-( S
Cc: WQS Raleigh Regional Office - Enforcement File
I-ascrfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LR-2021-0001
Assessed Party: Jones Instates Pace LLC
Permit No.: NC0064246
County: Johnston
Amount Assessed: S536.57
Please use this form when rcquestinu remission of this civil penalty. You must also complete the "Request For Remission,
Ilaiv'r of Right to all Adruillistrutive Hearing, and Stipulation of'Fuet.c" 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 live
factors listed below as they may relate to the reasonableness of the amount ol'thc civil penalty assessed. Requesting
remission is not the proper procedure for contestinu whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
per ally may be =ranted 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. incluclin!u copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment filctors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuin<u environmental damage resulting from the violation (i.e., explain the
steps that you took 10 coy rcct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (1.4'., C1lrle11r1 lull' the violation was ulturoirl;lhle ot•
Sor11L'1hi11L l OU COIdd 11011)rcrc°11t OrlrrLJrurL
(d) the violator had not been assessed cis it penalties for any pre\ ions s iolations:
_ _ (e) payment of the ci%it penalty" w1I1 proempa\1m nt for the remaininu necessary remedial actions (i.e., ealrluirl
how payment of ilk. ri► illrcwalt►' 1, ill pr'c 1 C r11 volt from performing the activities stecesSarr In lrchicrc
comp' ier11 c).
EXPLANATION:

S I.1TI OF NOR I 1 I CAROI..INA DI -PART \11-ti1. 01. INVIRONMI:NTAL QUALITY
COUNTY OF JOHNSTON
I -ON
IN 11I1: MIA-1TER OF ASSESSMENT
OF CIVIL N NALTIIES AGAINST
Jt:nes Estates Pace LI.0
Pace Mobile llome Pail:
PI.RtI1T NO. NC'0064246
WAIVER OF RIGHT 10 AN
ADMINISTRATIVE IIE_ RING AND
STIPULATION OF FACTS
CASE NO. LR-2021-1)001
I laving been assessed civil penalties totaling_ S536.57 for iolation(s) as set forth in the assessment document of the Division
of Water Resources dated March 1. 2021, the undersiuned, desirittu to seek remission oldie ci\ it penalty, does hereby waive
the right to an administrative hearing in the above -stated (natter and does stipulate that the facts are a alleged in the
assessment
document. The undersitmed further understands that all evidence presented in support of remission of this ck it penally must
be submitted to the Director of the Dig ision of Water Resources within thirty (30) days of receipt of. the notice of
,hessment, No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
novice of assessment.
his the -
day of — , 2i)
AI)I)RI.SS
SIGNATURE

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