NC0070289_Regional Office Historical File Pre 2018 (5)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Certified Mad # 7018 3090 04)01 2328 4952
Return Receipt Requested
Wayne Huntley
Stones Throw Homeowners Associ.ation.
PO Box 690725
Charlotte, NC 28227
NORTH CAROUNA
Environmental @alit,'
December 10, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) I432U
and NPDES WW Permit No. NC0070289
Stones Throw Homeowners Association.
Ridgewood Farms at Stones Throw 'WWTP
Case No. EV-2020-0305
Cabarrus County
Dear Mr. Huntley:
a)(6,
This letter transmits. a Notice of Violation and assessment of civil penalty in the amount of $1,1 I 5.'76 (51,000.00 civil
penalty + $1 15.76 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 June 2020. This review has shown thc.
subject facility to he in violation of the discharge limitations. and/or monitoring requi.rements found in NPDES WW Permit
No. NC0070289. The violations, which occurred in June 2020, are summarized in Attachment A to this letter.
B.ase.d 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 Pennit No. NC0070289 and G.S. 1.43-215,1(4)(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 re:quirernents of a permit required by G.S.
143-215.1(4
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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, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
Stones Throw Homeowners Association:
$100.00 1 oft violations of G.S. 143-215.1(a)(6) and Permit No. NC0070289, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD 5-Day (20 Deg C)
- Concentration
$1Q0,00 11 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0070289, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Conform, Fecal NV,
MFC Broth, 44,5 C
$300.00 3 of 3 violations of G,S. 143-215.1(a)(6) and Permit No. NC0070289, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Nitrogen, Ammonia
Total (as - Concentration
$250.00
1. of 1 violations of G.S. 143-21.5.1(a)(6) and Permit No. NC0070289, by discharging waste water
into the waters of the State in 'violation of the .Permit Monthly A.verage for BOD, 5-Day (20 Deg.
C) - Concentration
$250.09 1 of 1 violations of G.S. 1.43-215.1(a)(6) and Permit, No. NC0070289, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Total (as N) - Concentration
$1,000.00
$1115.76
$1,115.76
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-21.5.6.A(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-282.1(b), which are:
(1) The degree and extent ofharm ia 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:
Submit payment of the penalty, OR
Submit a written request for remission, OR
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 include waiver
j'orrn). 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 includingdetailed justification for such
request:
Please be aware that a request for remission is limited to consideration of:the frve 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 14311-282l(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.

In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also re uests that you complete 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 27699-1.617
Option 3: File. a petition for an administrative hearing with the Office of Adrninist tirings:
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 betweenthe hours of 8:00 a.rn. 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 tiling fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days „following the faxed or electronic transmission. You
,shouidcontact the Office of Adrninistrative Hearings with all questions regarding the tiling..fee and/or the,.details of the ,
filing process.
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: [phone]
One (1) copy ofthe 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 maner 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 [phone] or via email at roherto.schellergnedenr.gov.
Sincerely,
for
leiF969A2084A3.
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
NRDES (on plianeciErtforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0305
Assessed Party: Stones Throw Homeowners Association
Permit No.: NC0070289
County: Cabarrus
Amount Assessed: $1,115.76
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 to N,C.G;S. § 143R-282.1(c), remission of a civil
penalty may be 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 assessment factors are listed in the civil penalty assessment document);
(h) the violator promptly abated continuing environmental damage resulting from the violation e,, explain the
steps that 1.vu took 10 correct the violation and prevent 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 fbr);
(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
how payment of the civil ,penalty will prevent you from per/brining the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stones Throw Homeowners Association
Ridgewood Farms at Stones Throw WWTP
PERMIT NO, NC0070289
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. I,V-2020-0305
Having been assessed civil penalties totaling $1 15..76 :for violation s, as set forth in the assessment document of the
Division of Water Resources dated December I 0,2020, 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 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 day of
,„ 20
ADDRESS
TELEPHONE

ATTACHMENT A
Stones Throw Homeowners Association
CASE NUMBER: LV-2020-0305
PERMIT: NC0070289
FACILITY: Ridgewood Farms at Stones Throw WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Duffel! 0C1'1 - Efffuerrt
REGION: Mooresville
COUNTY: Cabarrus
Violation Report Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
Date MonthiYr Parameter
6/29/2020 6-2020 BOD, 5-Day (20 Deg. Weekly mg/I 27 30
C) - Concentration
Daily
Maximum
Exceeded
6/30/2020 6-2020 BOO, 5-Day (20 Deg. Weekly mg/I 18 18.2 1.1 Monthly
Average
Exceeded
C) - Concentration
6/29/2020 6-2020 Coliform, Fecal MF, Weekly #/100rn1 400 600 50.0 Daily
Maximum
Exceeded
MFC Broth, 44.5 C
6/11/2020 6-2020 Nitrogen, Ammonia Weekly mg/I 25 28 12,0 Daily
Total (as N) - Maximum
Concentration Exceeded
6/25/2020 6-2020 Nitrogen, Ammonia Weekly mg/I 25 :33 32.0 Daily
Total (as N) - Maximum
Concentration Exceeded
6/29/2020 6-2020 Nitrogen, Ammonia
Total (as N) -
Concentration
Weekly mg/I 25 28 12,0 Daily
Maximum
Exceeded
6/30/2020 6-2020 Nitrogen, Ammonia Weekly mg/I
Total (as N) -
Concentration
23.62 372.4
Monthly
Average
Exceeded
$100.00
$250.00
$100.00
$100.00
$100.00
$100.00
$250.00