NC0022098_Remission (Decision)_MV-2023-0002_20231010

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
10/10/2023
CERTIFIED MAIL ITEM 7019 1120 0001 4877 6154 - RETURN RECEIPT REQUESTED Jake Krantz, Owner Cranbrook Village MHP Greensboro NC, LLC 75 W. Towne Ridge Pkwy, Suite 201 Sandy, Utah 84070 SUBJECT: Civil Penalties Decision for Case # MV-2023-0002 Cranbrook Village Mobile Home Park (MHP) NPDES Permit NC0022098, WWTP Guilford County Mr. Krantz: The Division of Water Resources (DWR or the Division) has considered your information (received January 30, 2023) submitted in support of your request to remit civil penalties in the subject case. In accordance with NCGS 143-215.6A(f), the Division has found no cause to remit your initial penalties totaling $396.41 ($275.00 plus $121.41 enforcement costs). If you choose to pay the penalties, please send payment to the address provided below. Be sure to include the above case number on your check. Please make your check payable to NCDEQ. Your organization is responsible for the total penalties and enforcement costs, which total $396.41. Two options are available to you: 1) You may pay this balance. If you decide to pay the penalty, please make your check payable to the Department of Environmental Quality (DEQ) and send payment to: Attention: Wren Thedford / Bob Sledge NCDEQ/DWR/SWPS/NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Your payment must be submitted within thirty (30) days of this letter in accordance with NCGS § 143-215.6A (f). If not received, your request for penalty remission (with its supporting documents), together with DWR's recommendations, will be delivered to the
NC0022098 Remission Decision
Page 2 of 3

North Carolina Environmental Management Commission's (EMC's) Committee on Civil
Penalty Remissions (the Committee) for final agency decision.

OR [ option 2]

2) If you desire to make an oral presentation to the Committee on why your request for
remission meets one or more of the five statutory factors you addressed, you must
complete and return the enclosed form(s) within thirty (30) days of receiving this
letter. Please mail completed form(s) to:

Ms. Caroline Robinson
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617

Your request for an oral presentation and the documents in this matter will be reviewed
by the EMC Chairman and, if it is determined that there is a compelling reason to require
an oral presentation from you, you will be notified by certified mail of the date, time, and
place that your oral presentation can be made. Otherwise, the final decision on your
request for remission will be made by the Committee based on the written record.

Thank you for your cooperation in this matter. If you have any questions about this letter,
please contact Ms. Robinson at [e-mail].

Sincerely,

for Richard E. Rogers, Jr.
Director, Division of Water Resources

Enclosed/attached:
• Civil Penalty Remission Review Summary – signed, Case Number MV-2023-0002
• Request for Oral Presentation

ec: Enforcement File Case Number MV-2023-0002
Winston-Salem Regional Office (WSRO)
Laserfiche
DocuSign Envelope ID: 4636C261-E5E9-48C6-ABAF-B57135415BF4
NC0022098 Remission Decision Page 3 of 3
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF GUILFORD ) DWQ Case Number MV-2023-0002
IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Cranbrook Village Mobile Home Park (MHP) WWTP )
I hereby request to make an oral presentation before the Environmental Management Commission’s Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar’s Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar’s opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar’s Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar’s Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar’s Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar’s Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs.
This the day of , 20 . SIGNATURE TITLE (President, Owner, etc.) MAILING ADDRESS eMail TELEPHONE ( )
1 of 2

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS – Summary and Signature

Case Number: MV-2023-0002 Region: Winston-Salem County: Gilford
Assessed Entity: Cranbrook Village MHP Permit: NC0022098
Facility: Cranbrook Village WWTP

X (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
The Permittee Asserts:

The late or missing Discharge Monitoring Report (DMR) for Cranbrook Village for the
month of June 2022 was for a period prior to Cranbrook Village MHP Greensboro NC, LLC
ownership. All DMR reports for dates prior to June 30, 2022, are the obligation of T3T
Cranbrook LLC, a North Carolina limited liability company.

Attachments: 1) Warranty Deed (property Transfer dated 30Jun2022); and 2) copy of the
issuance of Permit renewal NPDEX NC0022098 issued to T3T Cranbrook, LLC, dba
Cranbrook Village MHP at the time of the violations.

DWR Response: WSRO disagrees that the Permittee is not responsible for the violations
because the new ownership would have signed off on the June 2022 eDM. Please note that
the ORC did not change during the property transfer. WSRO recommends no remission
because the eDMR was signed by the new ownership Cranbrook Village MHP Greensboro
NC, LLC.

(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Not Asserted:

(c) Whether the violation was inadvertent or a result of an accident:
Not Asserted:

( d) Whether the violator had been assessed civil penalties for any previous violations:
Not Asserted.:
(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Not asserted.

NOTE: Blue X indicates factors addressed by the Permittee’s written Request for Remission.
DocuSign Envelope ID: 4636C261-E5E9-48C6-ABAF-B57135415BF4
2 of 2

Total Enforcement: $275.00 plus $121.41 costs = $396.41

DECISION (Check One)
Request Denied X
Full Remission Retain Enforcement Cost? Yes No
Partial Remission
Original Penalty (without Enforcement Costs) $275.00
Remit 0% $0.00
Subtotal $275.00

Retaining Enforcement Costs + $121.41
_______________________

Total Penalty $396.41

for Richard E. Rogers, Jr. Date

CPA Summary (MV-2023-0002) [assessed 12Jan2023]
DWR hereby makes the following Civil Penalty Assessment (CPA) against Cranbrook Village
MHP, Greensboro, NC LLC:

$275.00 for 11 of 11 violations for failure to properly monitor Temperature, water Deg.
Centigrade in violation of Permit No. NC0022098.

$0.0 for 0 of the 1 failures to submit monitoring reports or portions of monitoring reports in
violation of Permit No. NC0022098.

$275.00 TOTAL CIVIL PENALTY

$121.41 Enforcement Costs

_____________________________

$396.41 TOTAL AMOUNT DUE

DocuSign Envelope ID: 4636C261-E5E9-48C6-ABAF-B57135415BF4
10/10/2023