NC0070289_Regional Office Historical File Pre 2018 (6)

ROY COOPER
Governor
MICHAEL S. REGAN
Sec a ary
S. DANIEL SMITH
Director
Cerf1fied lull## 70t8 09 t 0
Re
Wayne Huntley
Stones Throw Ho Tiers Association
P© Box 690725
Charlotte, NC 28227
NORTH CA 0LINA
Environmental Quality
0
brr 10, 2020
SUBJECT Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.'S.1 143 215.l(a)(6)
and NPDES 'WW Permit No, NC0070289
Stones Throw Homeowners Association
Ridgewood Farms at Stones Throw WWTP
Case No. LV-2020-0306
Cabarrus County
Dear Mr. l.imrntley:
This letter transmits a Notice of Violation and assessment of civil penalty in the a mrount of $565,76 ($45t1.00 civil penalty
+ $115.76 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
for the
of „July
(DMR) submitted by Stones Throw 1-lomeownee litrs nitatiotns ion and/or monitoring requirem nts found in NPDES WVv. This review has shown tlPermit
e
subject facility to be in violation of. the dischafg-
No. NC0070289. The violations„ which occurred in July 2020, are summarized in Attachment A to this letter,
Based upon the above facts, I conclude as a matter of law that Stones Throwr eo n s Association
in the of ted thenner and
terms, conditions or requirements of NPDES WW Permit No, NC0070289
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.
143-215.1(a).
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? 5060170 P 41,r4a! off ce 1610 E.s Ci.n.tv Ar r;se.S4Te'01 I t44oa.Esvi* No+tb Cis 2E115
7CA-663-1E99

(4)
(5)
(6)
(7)
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:
$100.00 1 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 BOD, 5-Day (20 Deg. C)
- Concentration
$100.00 1 of 1 violations ofG.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 Monthly Average for BOD, 5-Day (20 Deg.
C) - Concentration
$250.00 1 of 1 violations of G.S, 143-215.1(a)(6) and Pertnit 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
$450.00
$115,76
$565.76
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determiningthe amount of the penalty 1 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 of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
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; 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 Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). 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 '27'699-1.61'7

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 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 ap-proved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-2,82.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) Whether the violator promptly abated continuing environmentaldamage 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 he advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very itnportant that you prepare a complete and
thorough statementin support of your request for remission.:
In order to request remission, you mustnt copiplete and subm le enclosed "Request for Remission of Civil Penalties..
Waiver of Right to an Administrative i.n and ac " rin within 0 da- s of recei t. of thi„s
notice. The Division of Water Resourc al .ests that vou sed "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 petition for an administrative hearing with the Office of Administrative Hearings:
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 OtTice 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 norrnal office hours, The Office ofAdministrative
Hearings accepts filings Monday through Friday between the hours of 8:00 ani. 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 followingthe faxed or electronic transmission. You
shouldcontact the Office of Administrative Hearings with all questions regarding the filing fee anclior the details of the
filing process.
he mailing address and telephone and fax numbers for the Office ofAdinirustratwe Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 671.4
'Fel: (919)431.-3000
Fax: [phone]
One (1) copy of the petition must also he served on DEQ as follows:
Mr. William F. 1...ane, 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
dateltinie 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 Res
Regional Office at [phone] or via email at roberto.scheller@Mcdenngov,,
Sincerely.
cDocuSigrsect by:
A.,‘,..., 1-1 N1044
1= 10 IFEbbilA2DS4A3
for
urc
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
s staffofthe Moore'ih1e

JUSTIFICATION FOR RFwIISION
Case Number: LV-2020-0306
Assessed. Party: Stones Throw Homeowners Association
Permit No.: NC0070289
UES
County: Cabanas
Amount Assessed: $5.65.76
Please use this form when requesting remission of this civil penalty. You must also complete the "Request` For Remisston,
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.G.S. § 143B-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. 1438-282.1(b) were wrongfully applied to the
detriment of the petitioner (tire assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (l.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 (i.e., explain ,hy the violation was up voidahle 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 ( .e , explain
how payment of the civil penalty will prevent you from perlorrning the acticessary to achieve
compliance).
EXPLANATION:

STATEOF NORM CAROLINA
COUNTY OF CABARRUS
IN TFIE MATTER OF ASSESSMENT
OF CIVII, PENAI,TIES AGAINST
Stones Throw Homeowners Association
Ridgewood Farms at Stones Throw TP
PERMIT NO. NE0070289
DEPARTMENT OF ENVIRONMENTAL ()FIALA-Ty
WAIVER OF RIGHT TO AN
ADMINISTRAT E HEARING AND
STIPULATION OF FACTS
CASE NO, LV-2020-0306
Having been assessed civil penalties totaling $565.76 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 10, 2020, the undersigned, desiring to seek remission of the cii1 penal -Ea 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 he 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
SIGNATIRE

ATTACHMENT A
Stones Throw Homeowners Associatl t
CASE NUMBER: LV-2020-0306
PER IT: NC0070289
FA II.!TY: Ridgewood Farms tones Throe
T VIOLATION(S)
SAMPLE LOCATION: Outfall001 Effluent
Violation Report
Date - thr Parameter
7/23/2020 7-2020 800, 5-Day (20 Deg
- Concentration
REGION: Mooresville
COUNTY: Cabarrus
Ur It of L" Calcul Oyer Violation Penalty
Value Value IWi it Type Amount
eekly
7131 2020 7-2020 900 5-Day (20Deg
_ Cy
) - Concentration
7, 31 2020 7-2020 Nitrogen, Ammonia
Total (as N) -
Concentration
We
27
32
185
2.3.2E 29
[Daily
Maximum
Exceeded
Monthly
Average
Ex «- red
13.4 18.0 Monthly
Average
Exceeded
1 00
00
. 250.00