NC0062278_Remission (Request) LV-2023-0092_20230411

April 5, 2023
Wastewater Branch
Division of Water Res
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: NOV Case LV-2023-0092
To whom it may concern,
C' STONETOWN
A P I T A
RECEIVED
NCDEQ/DWR/NPDES
Enclosed you will find the request for remission, as the efforts taken by the operators show
cause for this allegation to closed.
A singular exceedance of the limit due only to increased population from a long holiday
weekend, and quickly rectified in the field to catch up with the increased population, shows
that the incident was quickly abated and not allowed to continue, continuing any exceedances.
For this reason, it is our position that this Notice of Violation should be considered for
remission due to the quick actions and abatement of conditions that caused it.
Thank you,
Aaron Bruce
enclosure
720 S. Colorado Blvd, Suite 1150-N, Glendale, CO 80246 1 [phone]

Option 2: Submit a written request for remission or mitigation including a detailed justification for sucl
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they m
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 Writ'
the civil penalty assessment document. Because a. remission request forecloses the option of an administrative
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 wh;
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address list
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-282.1(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 remedllal actions.
Please note that all evidence presented in support of your request for remission must be submitted'in writing.
Director of the Division of Water Resources will review your evidence and inform you of his decision in the nu
your remission request. The response will provide details regarding the case status, directions for payment, ani
provision for fiufher appeal of the penalty to the Environmental Management Commission's Committee on Civ
Remissions (Committee). Please be advised that the Committee cannot consider information that:;, was not part
original remission request considered by the Director. Therefore, it is very important that you prepare a compl
thorough statement in support of your request for remission.
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
REEIVED
APR 1 1 2023
NCDEQ/DWR/NPDES
in
71
and

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0092 County: Gaston
Assessed Party: Stonetown Berkley Oaks LLC
Permit No.: NCO062278 Amount Assessed: $337.03
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Rem' lion,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of &s civil penal .
You should attach any documents that you believe support your request and are necessary for the Director to consid 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 fe ctual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty maybe granted only when one or more of the following five factors apply. Please check each factor that yout
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why re
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment doccument);
lyC (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain rhe
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 why the violation wasl, unavoidable o
something you could not prevent or prepare far);
(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., exp ain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
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STATE OF NORTH CAROLINA
COUNTY OF GASTON
IN TIM MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
Stonetown Berkley Oaks LLC )
Berkley Oaks W WTP )
PERMIT NO. NCO062278 )
DEPARTMENT OF
WAIVER OF RIGI_
ADMINISTRATIVE HEARING AND
STD'ULATION OF FACTS
CASE NO. LV-2023-0092
Having been assessed civil penalties totaling $337.03 for violation(s) as set forth in the assessment document of
of Water Resources dated March 16 2023, the undersigned, desiring to seek remission of the civil penalty, does
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alh
assessment document. The undersigned further understands that all evidence presented in support of remission
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt c
of assessment. No new evidence in support of a remission request will be allowed after (30) days &m the rece
notice of assessment.
This the y lh day of 20 23
SIGNA URE I
ADDRESS
5(.a(70 LaKVVIe-W U
0' Y1arloVkc MC 28ZAe9�
TELEPHONE
in the
its civil
notice
REEIV D
NCDEQ/6WR/4)DE;

PERMIT: NCO062278
FACILITY: Berkley Oaks WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Olftfall 0a1 - Effluent
Violation Report
Date MonthlYr Parameter
12/29/2022 12-2022 BOD. 5-Day (20 Deg.
C) - Concentration
ATTACHMENT A
Stonetown Berkley Oaks LLC
CASE NUMBER: LV-2023=0092
REGION:
COUNTY:
Unit of
Limit
Calculated %Over
Frequency
Measure
Value
Value Limit
Weekly
mgA
27
36.4 34.8
Exoeeded
$154.00