NC0070289_LR-2017-0004_20170427

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Water Resources w
Environmental Quahty
April 27, 2017
CERTIFIED MAIL 7003 2260 0005 5380 5053
RETURN RECEIPT REQUESTED
Mr. F. Wayne Huntley, HOA President
Stones Throw Homeowners Association
PO Box 1495
Harrisburg, NC 28075-1495
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: Assessment of Civil Penalty for Violations of the Reporting Requirements
Late Discharge Monitoring Reports (DMR) - January 2017
Ridgewood Farms Subdivision
NPDES Permit NCO070289
Case No. LR -2017-0004
Cabarrus County
Dear Mr. Huntley:
This letter transmits a notice of a civil penalty assessed against Stones Throw Homeowners
Association in the amount of $ 600.00 (includes $ 100.00 in enforcement costs).
This assessment is based upon the following facts: the December 2016 and January 2017 discharge
monitoring reports ("DMR") were 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.
• The December 2016 DMR is missing. A Notice of Violation (NOV-2017-LR-0002) was
received on March 1, 2017. Within said notice, you were informed to prevent further action,
please submit the reports within fifteen (15) days of receipt of this notice. No response to the
NOV has been recieved by the Divison to date.
The January 2017 DMR is missing. A Notice of Violation (NOV-2017-LR-0010) was
received on March 29, 2017. Within said notice, you were informed to prevent further action,
please submit the reports within ten (10) days of receipt of this notice. No response to the
NOV has been recieved by the Divison to date. 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.
Based upon the above facts, I conclude as a matter of law that Stones Throw Homeowners
Association violated the terms, conditions or requirements of NPDES Permit NCO070289 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).
��'N+othing Compares:. --,-
State of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

Ridgewood Farms Subdivision
Case No. LR -2017-0004
April 27, 2017
Page 2 of 4
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 hereby make the following civil penalty assessment against Stones
Throw Homeowners Association:
500.00 For violation of NCGS 143-215.65 and NPDES Permit NC0070289, for
failing to submit the Discharge Monitoring Report for January 2017.
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 :.he 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:
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-
Attn:
f
Attn: Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
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

Ridgewood Farms Subdivision
Case No. LR -2017-0004
April 27, 2017
Page 3 of 4
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
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
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:
Attn: Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
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 fireTh petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative

Ridgewood Farms Subdivision
Case No. LR -2017-0004
April 27, 2017
Page 4 of 4
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:
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 pethion 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.
incere y,
S. Jay Zimmerman, P.G., Director
Division of Water Resources, NCDEQ
ATTACHMENTS
cc: DWR Mooresville Regional Office, Water Quality Regional Operations Section
Enforcement File LR -2017-0004 w/attachments
Central Files w/attachment

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
F,
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 -2017-0004
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 4/27/2017, 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 52017.
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Stones Throw Homeowners Association
CASE NUMBER LR -2017-0004
PERMIT: NCO070289 FACILITY: Ridgewood Farms Subdivision COUNTY: Cabarrus REGION: Mooresville
Reporting Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$500 00 1-2017 3/3/17 Late/Missing DMR
or

JUSTIFICATION FOR REMISSION REQUEST
DVM Case Number: LR -2017-0004
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. § 143B -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
(a 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