WQ0041163_Enforcement (Letter)_20191031

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
October 31, 2019
CERTIFIED MAIL # 7013 1710 0002 1922 3986
RETURN RECEIPT REQUESTED
Debbie Hinson, City Manager
City of Trinity
P.O. Box 50
Trinity, NC 27370
Subject: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143 215.1(a)(6)
Case number: CV-2019-0001
Wastewater Collection System Extension
Steeplegate Village Phase 1
Randolph County
Dear Ms. Hinson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,105.75
($3,000.00 civil penalty + $105.75 enforcement costs) against the City of Trinity.
This assessment is based upon the following fact:
The City of Trinity had constructed a sewer system without a valid permit in violation of NC
General Statute 143.215.1(a)(2).
On September 9, 2019, this Office received a Fast Track Sewer Extension application from the
City of Trinity for the construction and installation of approximately 1,645 linear feet of 8-inch
gravity sewer as part of the Steeplegate Village Phase 1 project located in Randolph County, NC.
Subsequent to receipt of this permit application, this Office requested additional information, due
to page (4) of (5) of the Fast Track application being incomplete. The revised/completed
application was received by this Office on September 20, 2019. Permit No. WQ0041163 was then
issued, effective September 20, 2019. On September 25, 2019, this Office received an Engineer's
Certification for Permit No. WQ0041163, submitted electronically by Mark Allred, Planning
Director CZO for the City of Trinity. Upon receipt of the Engineer's Certification, this Office
contacted Mark Allred via telephone on September 26, 2019, to request explanation of how 1,645
linear feet of sewer extension had been completely installed in less than five days. Mr. Allred
reported at that time that the sewer extension authorized by Permit WQ0041163, had been
completely installed prior to the City of Trinity obtaining the permit. Consequently, construction
was initiated prior to permit issuance and the City of Trinity is in violation of NC General Statute
143-215.1(a)(2) for construction of a sewer system without a permit.
D EQriz�� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
NpRTH CAROLINA
Dm m .d a e.nm. l o.amy 336.776.9800

Based upon the above finding, 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, Lon Snider,
Regional Supervisor in the Winston Salem Regional Office, hereby make civil penalty assessment against
the City of Trinity as outlined in Notice of Violation & Intent to Assess Civil Penalty letter (Attachment
A), sent on September 30, 2019.
In addition to the Civil Penalty Assessment, the Division also requires that the slopes of sanitary sewer
installed between the manhole located at the intersection of Quarter Horse Dr. and Traveler Dr. through
the manhole located at the intersection of Quarter Horse Dr. and White Horse Dr. be field confirmed in
the presence of Division staff. Please call Division of Water Resources staff person, Justin Henderson at
[phone], to schedule this review inspection.
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have considered 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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 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. PERCS Unit Supervisor
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 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 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(y 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:
PERCS Unit Supervisor
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions)
- provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§ 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days
following the faxed or electronic transmission. You should contact the Office of Administrative
Hearings with all questions regarding the filing fee and/or the details of the filing._ process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are
as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax:[phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
NC Dept of Environmental Quality
1601 Mail Service Center
Raleigh, NC 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 should have any questions, please do not hesitate to contact me via the letterhead contact
information or via email at Ion. sniderAmcderingov.
Sincerely,
ED''ocuSiTgnedl�by:
Li7�. l
145B49B225C94BA...
Lon Snider
Regional Supervisor
Winston Salem Regional Office
Division of Water Resources
ATTACHMENTS
Cc: Mark Allred, Planning Director -City of Trinity- mallredktrinity-nc.gov
Laserfiche Files (electronic copies)

JUSTIFICATION FOR REMISSION REOUEST
DWR Case Number: CV-2019-0001
Assessed Party: City of Trinity
Amount Assessed: $3,105.75
County: Randolph
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 (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:

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF RANDOLPH
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING
City of Trinity ) AND STIPULATION OF FACTS
CASE NO. CV-2019-0001
Having been assessed civil penalties totaling $3,105.75 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated October 31, 2019, 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
20
SIGNATURE
ADDRESS
TELEPHONE