NC0070289_LR-2016-0004_20160222

Water Resources
ENVIRONMENTAL QUALITY
February 22, 2016
CERTIFIED MAIL 7013 2630 0001 8998 4353
RETURN RECEIPT REQUESTED
Ms. Julia Zeledon
Stones Throw Homeowners Association
PO Box 1495
Harrisburg, NC 28075-1495
PAT MCCRORY
coaen,or
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
NPDES Permit NCO070289
Ridgewood Farms Subdivision
Case No. LR -2016-0001
Cabarrus County
Dear Mr. Zeledon:
Director
This letter transmits a notice of a civil penalty assessed against Stones Throw Homeowners Association
— Ridgewood Farms Subdivision in the amount of $600.00 (includes $100.00 in enforcement costs).
This assessment is based upon the following facts: the November 2015 discharge monitoring report
("DMR") was not filed with the Division of Water Resources within the thirty (30) day reporting'
period in accordance with the monitoring and reporting requirements contained in the subject NPDES
permit. As of the date of this document, DWR has not received the November 2015 DMR.
• A Notice of Violation (NOV-2015-LR-0015) was sent to you for failure to submit the
December 2014 DMR no later than the thirtieth (30th) day following the reporting period. This
notice was received by you on March 19, 2015. Within said notice, you were informed that
future reports not received within the required time frame, the next 12 reporting months.
would result in a recommendation for assessment of civil,penalties.
• A Notice of Violation (NOV-2016-LR-00002) was sent to you for failure to submit the
December 2015 DMR no later than the thirtieth (30th) day following the reporting period. This
notice was received by you on February 9, 2016.
The State's enforcement costs in this matter may be assessed against Stones Throw Homeowners
Association — Ridgewood Farms Subdivision Home Estates pursuant to NCGS. 143-215.3(a)(9) and
NCGS 143B -282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that Stones Throw Homeowners Association
— Ridgewood Farms Subdivision violated the terms, conditions or requirements of NPDES Permit
NCO080195 and G.S. 143-215.65 in the manner and extent shown above. 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).
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
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone [phone] \Internet www.newaterqual,ty org
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Stones Throw Homeowners Association — Ridgewood Farms Subdivision
Case No.: LR -2016-0001
February 22, 2016
Page 2 of 5
of Water Resources, I hereby make the following civil penalty assessment against the Stones Throw
Homeowners Association — Ridgewood Farms Subdivision:
$ 500.00 For violation of NCGS 143-215.65 and NPDES Permit NC0070289, for
failing to submit the Discharge Monitoring Report for December 2015.
$ 100.00 Enforcement Costs
$ 600.00 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 violation;
(2) The duration and gravity of the violation;
(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 violation was 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:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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

Stones Throw Homeowners Association — Ridgewood Farms Subdivision
Case No.: LR -2016-0001
February 22, 2016
Page 3 of 5
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(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
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 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 be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Office 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 normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings. The petition may be faxed provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings is:

Stones Throw Homeowners Association - Ridgewood Farms Subdivision
Case No.: LR -2016-0001
February 22, 2016
Page 4 of 5
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
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 date/time 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 Derek Denard at 919-807-6307.
incer ly,
John E. Hennessy
Division of Water Resources, DEQ
ATTACHMENTS
cc: DWR Mooresville Regional Office, Water Quality Regional Operations Section
Enforc eme n't_File'LR=201'6=0001-_w/attachm_ ents�
Central Files w/attachments

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
STONES THROW HOMEOWNERS ASSOCIATION)
RIDGEWOOD FARMS SUBDIVISION 1
PERMIT NO. NCO070289 )
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LR -2016-0001
Having been assessed civil penalties totaling $600.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated February 22, 2016, the undersigned,
desiring to seek remission of the civil penalty, 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 be 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 , 2016.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LR -2016-0001
County: Cabarrus
Assessed Entity: Stones Throw Homeowners Association - Ridgewood Farms Subdivision
Permit No.: NCO070289
Amount Assessed: $600.00
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. § 14313-282.1(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. 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 promptly abated continuing environmental damage resulting from the violation
(i.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 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 prevent payment 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: