NC0070289_LV20150144_20160112

•
PAT MCCRORY
(nnrrurr
DONALD R. VAN DER VAART
.. ,Crrr.lrn
Water Resources
ENVIRONMENIAL QUALITY S. JAY ZIMMERMAN
January 12, 2016
CERTIFIED MAIL 7013 2630 0001 8998 4292
RETURN RECEIPT REQUESTED
RECEIVED/NCDEQ/DWR
Mr. Roger L. Roberts, Vice President
Stones Throw Homeowners Association of Cabarrus Co. JAN 18 2016
P.O. Box 1495
Harrisburg, NC 28075 WOK Otlagon
Pormiltinfi
Subject: Concerning Your Request to Remit Civil Penalties
Ridgewood Farms at Stones Throw HOA WWTP
NPDES Permit NC0070289
Case Number LV-2015-0144
Cabarrus County
Dear Ms. Roberts:
In accordance with North Carolina General Statute 1 43-215.6A(f), the Director of the North
Carolina Division of Water Quality (the Director) has reviewed your information submitted in
support of your request to remit civil penalties in the subject case ($250.00 + $143.85 investigative
costs) totaling $881.82.
The Director has granted full remission in this case, except for investigative costs (see attached
decision form). Therefore, your outstanding balance totals $143.85. Two options are available to
you at this stage of the remission process:
Two options are available to you at this stage of the remission process:
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). Send the payment, within thirty(30) calendar days of receiving
this letter, to the attention of:
Ms. Wren Thedford
NCDEQ/DWR/WQ Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Phone:[phone]\Internet:Internet:www.ncwalerquality.org
An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper

2) You may request the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions (the Committee) to make a final decision on your remission
request considering your additional oral input, as warranted.
If payments do not begin within 30 calendar days from your receipt of this letter, or if you miss an
interim payment in violation of the schedule, your current request for remission with supporting
documents and the Director's attached recommendation will be delivered to the Committee on
Civil Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete and
return the attached Request for Oral Presentation Form within thirty (30)calendar days of receipt
of this letter(see attached case-specific Requests). Send the completed form to:
Ms. Wren Thedford
NCDEQ/DWR/WQ Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such request(s), the EMC Chairman will review the supporting documents and your
request for an oral presentation. If in his/her judgment the Chairman determines that there is
compelling reason to require a presentation, you will be notified as to when and where you should
appear. If a presentation is not required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWR Director's
remission recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Derek
Denard at [e-mail] or call 919-807-6307.
rely,
%-�� `G s1J
John Hennessy, Supervisor
Compliance and Expedited Permitting Unit
Attachments
cc: MRO/Corey Basinger, DWR-WQRO
Enforcement File
DWQ Central Files

DWR—CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2015-0144 Region: Mooresville County: Cabarrus
Assessed Entity: Ridgewood Farms at Stones Throw HOA WWTP Permit No.: NC0070289
Assessment Factors
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner: NOT ASSERTED—Not Applicable.
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation: The permittee asserts the violation was due to failure of aeration pumps,which the ORC discovered
during routine inspection. The problem was immediately corrected. The HOA (permittee)attached an invoice for
repair of these pumps in the amount of$817.88 dated July 14, 2015. The HOA has been working with a
contractor to identify problems with the WWTP. They requested in writing on October 6, 2015 technical
assistance from the Division and they also requested a discussion regarding overall compliance.
DWR Notes: The monthly average ammonia violation for this enforcement was for April 2014 and not July
2015. The permittee attached the July 2015 DMR and an invoice for pump repair from July 2015. The invoice
provides information that the facility was in disrepair in July 2015, but does not give support to the April 2014
monthly violation being promptly abated at that tune as a migrating factor for remission.
® (c) Whether the violation was inadvertent or a result of an accident: The HOA(permittee)asserts that
since these violations are due to the condition of the facilities inherited from the previous HOA board that it was
inadvertent. The system is very old and was not maintained by the previous HOA. The new HOA was set up in
April 2014. The violation resulted from failure of the aeration pumps that were repaired in July 2015.
DWR Notes: The Permittee does not provide any explanation that the April 2014 violation was inadvertent or a
result of an accident. The new HOA board took over in April 2014. The condition of the facility required an
aeration pump repair in July 2015. The timeline given by the permittee does not provide any mitigating factors
in support of remission.
(d) Whether the violator had been assessed civil penalties for any previous violations: The HOA
asserts that they have recently received penalties for violations that were prior to their being elected to the board
on April 2, 2014 and that paying these penalties has already exhausted the savings for maintaining the WWTP.
DWR Notes: The permittee has paid$396.97 for the same monthly ammonia violation for May 2014. The last
violation was assessed before April 2014 was in May 2010. The two most recent penalties occurred at the time
the new HOA board took over responsibility in April 2014.
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions: The permittee asserts that they are paying debt in the amount of$14,000 that occurred during the term of
the previous HOA board and are struggling to budget routine maintenance. This fine further complicates their
situation. They are attempting to budget to facilitate repair and/or replacement of degraded equipment. The
HOA has been working with a contractor to assess problems with the WWTP. This facility has had very little
upkeep and needs repair beyond the monetary capability of the community represented by the HOA.They are
facing several thousand in repairs for the sewer and water systems.
DWR Notes: The permittee assertion that the civil penalty will prevent payment of debt is a mitigating factor in
support of remission.
DECISION(Check One)
Request Denied �/
Full Remission l(d Retain Enforcement Cost? Yes 1 No ❑
Partial Remission ❑ $ 2 5 0 - (Enter Amount)
2/
effrey Poupart Date

•
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CABARRUS DWR Case Number LV-2015-0144
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
STONES THROW HOA OF CABARRUS CO. )
PERMIT NUMBER NC0070289 )
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 potential violation of the statute concerning the authorized practice of law has occurred.
This the day of ,20
SIGNATURE
TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE( )

JUSTIFICATIQIY FOR R.EJVIISSIQN REQUEST
•
DWR Case Number: LV-2015-0144
Assessed Party: Stones Throw HOA of Cabarrus Co. R F C;P=:I iI1 1)I111=i14 R 11`jl Al r
County: Cabarrus
Permit Number: NC0070289 I . !
. Amount Assessed: $393.85
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. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. 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. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator rom tl abated continuin environmental resul ' from
the
violation (i.e., explain the steps that you took to correct the violation and prevent
v(c
future occurrences);
) 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 for);
�d) . the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will preventpayment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)
•

•
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
STONES THROW HOA OF CABARRUS CO.) STIPULATION OF FACTS
PERMIT NUMBER NC0070289 )
FILE NO. LV-2015-0144
Having been assessed civil penalties totaling$393.85 for violation(s),as set forth in the
assessment document of the Division of Water Resources dated September 29,2015,the undersigned,
desiring to seek remission of the civil penalties,does hereby waive the right to an administrative
hearing in the above-stated matter and does stipulate that the facts are as alIeged 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 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 (7C 7Lr , 2015
B .
ADDRESS
•
()/1/1-� ��- �� % , /
TELEPHONE

Waste Water Branch
Division of Water Resources
1617 Mall Service Center
Raleigh,NC 27699
Stones Throw Home Owners Association of Cabarrus Co.
PO. Box 1495
Harrisburg NC. 28075
This letter is an attempt to get a fine,remitted case number LV-2015-0144.
A new home owner's board was set up in April 0214,previously the board for the HOA
was FW Huntly, and two of his employees. Due to the condition of the utilities and and
community, through the actions of an Attorney, a new board was elected and installed,
we inherited a very old and=maintained water and sewer system. I understand this
remission should have been presented earlier,but due to the new board had
communication problems,and it just recently came to my attention. The original was sent
to Julia Zeledon and not the association board..
This fine was due to the aeriation pumps going down,the ORC discovered this on a
routine visit and immediately corrected the problem, I am enclosing the documentation
for the situation.
We are struggling to pay the debts,which we were not aware of in the amount of over
14,000.00 and the routine upkeep and repairs on the both the systems', and are juggling
accounts to pay the monthly bills. This fine further complicates our situation,we are
facing several thousand in repairs to the sewer system and also the water system.
All previous violations and issues have been dealt with the states satisfaction,
We are doing everything we can to keep these systems up and operating to standards.
I respectfully request that you consider,this request,even though past the deadline and
remit this fine.
Thank you,
For; your consideration
Roger L Roberts
Vice President
Stones Throw Home Owners Association
704-651-2680
[e-mail]
Please send any response to the Address above.

North Carolina Department of Environmental Quality
Pat McCrory Donald van der Vaart
Governor Secretary
September 29,2015
CERTIFIED MAIL 7015 0640 0002 9295 6446
RETURN RECEIPT REQUESTED
Ms. Julia Zeledon
Stones Throw Homeowners Association of Cabarrus Co.
P.O. Box 1495
Harrisburg,NC 28075
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6)and NPDES Permit No.NC0070289
Ridgewood Farms at Stones Throw WWTP
Cabarrus County
Case No. LV-2015-0144
Dear Ms. Zeledon:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$393.85 ($250 civil penalty+$143.85 enforcement costs)against Stones Throw Homeowners
Association of Cabarrus Co. (Stones Throw HOA).
This assessment is based upon the following facts: A review has been conducted of the self-
monitoring data reported for April 2014. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No.NC0070289. The violations are summarized
in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Stones Throw HOA violated the
terms,conditions,or requirements of NPDES Permit No.NC0070289 and North Carolina General
Statute(G.S.) 143-215.1(a)(6)in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2).
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, Michael L. Parker,Regional Supervisor for the Mooresville Region,
hereby make the following civil penalty assessment against Stones Throw HOA:
Mooresville Regional Office
Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115
Phone:[phone]\Fax:[phone]\Customer Service;1.877.623-6748
Internet http://portal.ncdenr.org/web/wq
An Equal Opportunity\AffirmallveActon Employer-30%Recycled/10%Post Consumer paper

$ 250.00 For 1 of the one(1)violation of G.S. 143-215.1(a)(6)and
NPDES Permit No. NC0070289,by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for ammonia.
250.00 TOTAL CIVIL PENALTY
$ 143.85 Enforcement costs
393.85 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(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 of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(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 violations were 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 days of receipt of this notice, you must do one of the following:
1. 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 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:

ATTACHMENT A
CASE NO.LV-2015-0144
Outfall Date Parameter Reported Value Permit Limit
001 4/30/14 Ammonia 11.15 mg/L* 5 mg/L(Monthly average)
* Denotes civil penalty assessment
The Stones Throw HOA did not provide a response to NOV-2015-LV-0166. No
mitigating factors were found on the April 2014 DMR comments section to result in a
reduced civil penalty amount.

Effluent
•
NPDES PERM O: *Oa& 0, .ir ergs No.: 001 Month: Year: elk61,--;:ra.
Facility Name: , at ' - Dr•9 Class: County:
Operator In Resp•nsi•Ie arge(ORC). Dustin Metreyeon Grade: IV Phone: [phone]
Certified Laboratory(1): Water Tech Labs Inc (2) IMI Labs
CHECK BOX IF ORC HAS CHANGED ® P .' b. (S C• LEC G SAMPLES ••.rators
Mall ORIGINAL and ONE COPY to: X 4/�/ -tor// .r.../../1 i. !?
ATTN:CENTRAL FILES (S�tr TU' OF r#PERA O- -' SONSI= E CHARGE) ' DATE
DIVISION OF WATER QUALITY B •IS SIG,.f,TURE,I:ERTIFY THAT .REPORT IS
1817 MAIL SERVICE CENTER ACC'-i, •AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
RALEIGH,NC 27699-1617
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GOPHER UTILITY SERVICES, INC.
1511 N MAIN ST Invoice
PO BOX 965
KANNAPOLIS,NC 28082-0965 1 r Date Invoice#
Phone# [phone]
Fax# [phone] 7/14/2015 14875
Bill To Ship To
STONES THROW HOME OWNER ASSOCIATION
BOBBY WILLIAMS
PO BOX 1495
HARRISBURG,NC 28075
P.O. No. Terms Due Date Project
Net 30 8/13/2015
Quantity Item Description Unit Price Extension
1 LAB TRIP&LABOR TO CHECK PUMPS-FOUND BOTH 817.88 817.88
PUMPS ARE NEEDING TO BE TAKEN TO PCR FOR
REPAIR,CLEANED BOTH PUMPS AND WAS ABLE
TO GET PUMPS WORKING
ip17
Subtotal
$817.88
Sales Tax $0.00
Total Invoice Amount $817.88
Payments/Credits
$0.00
Total $817.88

10/6/15
North Carolina Department of Environmental Quality
610 East Center Avenue
Suite 301
Moorseville, North Carolina 28115
Subject: Notice of Violation and Notice of Recommendation for Enforcement
The Stones Throw Homeowners Association(HOA) Board of Directors is providing the following
information in response to your notice of violation NOV-2015-LV-0616:
1. We have recently had a transfer of responsibility for the HOA and are in the process of
assessing all the needs of the community and how to provide for those needs.
2. We have been working with a contractor to identify the problems with the Ridgewood,Farms
WWTP and have learned that this facility has had very little upkeep and needs work beyond the
monetary capability of this community.
3.We were attempting to save enough over time to facilitate repair and/or replacement of
degraded equipment.
4. We have recently received penalties for violations that were prior to our being elected to the
board and paying those penalities has already exhausted the savings for maintaining the WWTP.
•
Since we are an HOA,and do not presume to be a WWTP professional utility,and we represent
a community of meager means we do request and would welcome your technical assistance
and would appreciate a meaningful discussion regarding overall compliance.
We look forward to working with you to protect our environment.
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