NC0070289_LR-2016-0001 Remit Denied_20160503

Water Resources
ENVIRONMENTAL QUALITY
May 3, 2016
CERTIFIED MAIL 7002 1000 0005 2387 4995
RETURN RECEIPT REQUESTED
Mr. Bobby Williams, President
Stones Throw Homeowners Association of Cabarrus County
PO Box 1495
Harrisburg, NC 28075-1495
Dear Mr. Williams:
PAT MCCRORY
coremor
.DONALD R. VAN DER VAART
Sccreian%
S. JAY ZIMMERMAN
Direelm
Subject: Request to Remit Civil Penalties - Denied
Decision in Case Number: LR -2016-0001
for Stones Throw Homeowners Association of
Cabarrus County
Grassy Branch WWTP
NPDES Permit NCO070289
Cabarrus County
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water
Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret
to inform you that the Director has denied your request.
Therefore, your outstanding balance ($600.00) is due and payable. 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 Environment
and Natural Resources (DENR). Send the payment, within thirty (30) calendar days of receiving this
letter, to the attention of.
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
0
2) You may request the Environmental Management Commission's (EMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

f
Mr. Williams
May 3, 2016
Page 2 of 2
If payment is not received within 30 calendar days from your receipt of this letter, your current request for
remission and this letter of denial 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 (3 0) calendar days of receiving this letter. Send
completed form(s) to:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, 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 your
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 and offer no remission, 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
derek.denardgncdenr.gov or call 919-807-6307.
S' cerel ,
r�
S. Jay Zimmerman, P.G., Director
Division of Water Resources, NCDEQ
Attachments: Director's Decision; Request for Oral Presentation form
Permittee's Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Permittee's Justification for Remission Request
cc: Corey Basinger, DWR / Mooresville Regional Office
Enforcement File
Central Files
ec: Roger Roberts, Vice President, Stones Throw HOA of Cabarrus County [[e-mail]]

DWR SIGNATURE PAGE
SUMMARY OF REMISSION FACTORS FOR ASSESSING CIVIL PENALTIES
Case Number: LR -2016-0001
Region: Mooresville
County: Cabarrus
Stones Throw Homeowners Association of Cabarrus
Assessed Entity: County—Ridgewood Farms at Stones Throw WWTP Permit No.:
Assessment Factors
NCO070289
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner:
Permittee: Asserted that the civil penalty was wrongfully assessed due to the fact that the permit holder had
changed on June 11t, 2015 and we were not aware there had been a violation of this type until this notice.
DWR Notes: The assessment was for a late November 2015 DMR, which was missing at the time of the penalty
assessment. The Stones Throw Homeowners Association of Cabarrus (the HOA) received a NOV for a late
December 2014 on March 9, 2015. Civil penalties are assessed if the permittee has a late or missing DMR within
the next 12 months. Although the HOA elected board (permit affiliations) has changed, Stones Throw
Homeowners Association of Cabarrus (the HOA) is the permittee.
® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation:
Permittee: Asserted that the permit holder has changed facility ORC's and at no time was the facility or the
environment in danger, all permit required visits to this facility were maintained during this transition period. All
treatment chemicals were used, compliance samples were contracted and tested according to permit.
DWR Notes: There is not a record on file with the Division designating Dusty Metreyeon as ORC for the subject
permit. This assessment factor is not applicable because the violation was for a late/missing DMR and would not
have resulted in environmental damage.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee: During the switch form permittee holders and then with facility ORC's has led to a gap in the flow of
information and for that the HOA apologizes for as a new organization. The HOA was inundated with a lot of new
regulation and is taking steps to insure that this is avoided in the future.
DWR Notes: The permittee has not change regardless of affiliation changes. The assessment factor is not
applicable because it pertains to non -submittal of required information.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee: The HOA asserts they have not had any fines or penalties since taking over the facility on June 1, 2015.
DWR Notes: Stones Throw Homeowners Association of Cabarrus was the permittee before June 1, 2015, only
permittee affiliations have changed. The HOA was assessed a civil penalty (LV -2015-0144 ) on 09/29/15.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions:
Permittee: Asserts that since taking over the facility the HOA has taken on numerous projects to improve the
water/wastewater/collection and distribution systems and as we are a small HOA, funds diverted from the budget
would result in the HOA having to wait until much later to continue with these upgrades.
DWR Notes: The factor is not applicable because it pertains to non -submittal of required information. The DMR
was received on April 1, 2016.
DECISION (Chec� One)
Request Denied Y9
Full Remission ❑ Retain Enforcement Cost? Ye No ❑
Partial Remission ❑ $ t
A ount)
y Zimmerman, P.G., D' at

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT l
COMMISSION
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: )
STONES THROW HOA OF CABARRUS COUNTY)
DWR Case Number LR -2016-0001
REQUEST FOR ORAL PRESENTATION
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.nebar.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 statuie concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS .
TELEPHONE

Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raliegh, NC 27699-1617
Subject:
Assessment of Civil Penalty for Violation of the Reporting Requirements
NPDES# NCO070289 Ridgewood Farms at Stones Throw W-WTP
Dear Sir,
RECOEIVED/NCDc Q/DVVR
MAR 21 2016
Water Quaii'ty
Permitting Section
This letter is in response to your letter dated February 22,2016. The following will address your
concerns in order of the Justification for Remission Request Form.
1. The civil penalty assessed were wrongfully applied due to the fact that the permit holder had
changed on June 1512015 and we were not aware there had been a violation of this type until this
notice.
2. The permit holder has changed facility ORC's and at no time was the facility or the environment
in danger, all permit required visits to this facility were maintained during this transition period
All treatment chemical were used; compliance samples were contracted to K&W Labs. and
tested according to permit.
3. During the switch from pei-rnit holders and then with facility ORC's has led to a gap in the flow
of information and for that we apologize as a new organization we are inundated with a lot of
new regulation and are taking steps to insure that this is avoided in the future.
4. We have not had any fines or penalties since taking over the facility on Junel st 2015.
5. Since taking over the facility we have taken on numerous projects to improve the
water/wastewater/collection and distribution systems and as we are a small HOA, funds
diverted from the budget would result in us having to wait until much later to continue with
these upgrades.
In closing I would like you to know that we here at Ridgewood Farms at Stones Throw
WWTP are committed to the environment and do everything in our power to insure the stability
of the waters of North Carolina
If you have any questions please feel free to call Roger Roberts Director of Utilities for Stones
Throw HOA at 704.651.2680 or myself at 336.383.2325.
Sincerely,
Richard Hughes
H&R Water Service
ORC Ridgewood Farms at
Stones Throw W WTP
NCO070289

JUSTIFICATION FOR REMISSION REQUEST
WAR -Case Number: M-261-6-0001
County: Cabarrus
Assessed Entity: Stones Throe; Homeowners Association - Ridgewood Fauns Subdivision
Permit No.: NCO070289
Amount Assessed: 5600.00
Please use this form lvhen requesting remission of this civil penalty. You must also c on'plete the "Request
For of Right to tree _ dmi-idsiratin:e Hearin; and Stipulation of .tracts" 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-inquest for -remission. Pleas.: -be aware that a
-request for remission is limited to consideration of the fine factors listed W6W 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
ument. Pursuant to N.C.C.S. § 143B -282,1(c), remission of a
contained in the: ivil penalty assessment doe
civil penalty iray be granted only t3lien one or more of the following five -factors apply. Please check each
factor fiat you believe applies to your case and provide a detailed explanation, including eopies of
supporting documents, -as to -v 1, y the factor applies (attach additional paces as needed).
(a) one, or more of the civil penalty assessment factors in N_G_+C_S. 1G3B82.J(b) were
wr6ngfully applied to the detriment of the petitioner (the assesamod factors erre listed in the civil
penaZtj!-assessnietit docw-7iei7t);
In (b) the yiolator promptly abated continuing emriromnental damage resulting from the violation
(i :, explain the steps tlzatyozr tooktn correct the violation and preventfuture occurrences),
(c) the t ioiation was inadvertent or a result of an accident (Le., explain wk, the violation leas
u,avoidoble or something could trot prei-ent or prepare fur);
(d)' the-violatot-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_, explcrirl howptryrrtent of the civil panalty will pierent youft om performing the activities
necessary to achieve compliance).
tX1P]GAN:ATION•:

STATE OF NORTH CAROLINA
COLITTY OF CA13ARRUS
I
IN TIi N4ATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
STONES THROW HOMEOWNERS A—SS0CIATIO1\T)
RIDGEWOOI) FARIbIS SUBDIVISION )
ZERMIT N0. NCO070289 )
1
. J
DEPARTMENT OF ENVIRONMENTAL,
QUALITY
WAYVER OF RIGHT TO AN
ADIb7[TNSTI2A.TIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LR -2016-0001
Hdvino been assessed civil penalties totaling $600.00 for violations) as set Earth in the
assessment document of the Dit>ision Of Water Resources dated Februax3, 22, 2016. the undersigned,
desiring -to seek remission of the civil penalty, does hereby- -, aive 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 Di�7ision of Water Resources ulithin thirty t30) days of
xeceip# of the notice of assessment. N0�new evidence in suppOit of a remission request will be allowed
aaftcr (30) ,days from the.receipt of -the notice of assessment.
This the % '9' day -of __20,16.
ADDRESS
AS Qk 7 �l T-5"
TELEPHONE
33(,�-316-3- G -?ZS'