NC0036935_LV-2020-0014_20200124

Pine Mountain POA, Inc.
2885 Pine Mountain Drive,
Connelly Springs,NC 28612 RECEIVE
Phone [phone] RE
January 24, 2020 Fax [phone] FEB 0 4 2020
Mr.Landon Davidson, P.G.,Regional Supervisor NCDEQIDWRINPDES
Water Quality Regional Operations Section
Asheville Regional Office
2090 U.S.Hwy.70
Asheville,NC 28778
Subject: Remission Request
NOTICE OF VIOLATION&INTENT TO ISSUE CIVIL PENALTY
Case No.:LV-2020-0014
WWTP Permit No.: NC0036935
Pine Mountain Property Owners Association
Pine Mountain Lakes WWTP
Dear Mr.Davidson,
Pine Mountain Property Owners Association appreciates the opportunity to respond to the Notice of
Violation and Civil Penalty issued on January 09,2020. Please find enclosed our remission request
regarding the permit exceedances for Fecal Coliform for the month of September 2019.
• The exceedance of Fecal Coliform during the month of September was due to a break on the
influent line leading to the plant allowing excessive infiltration.The limited hold time in the
chlorine contract chamber is not sufficient to neutralize the bacteria. In addition to lacking one
of the sludge returns, resulted in improper circulation and treatment within the plant.This
depleted the chlorine residual causing a spike in the Fecal results.Fortunately lack of rain
toward the end of the month resulted in lower flows that were treatable.This issue has since
been resolved.
We understand the reasons for the Civil Penalty Assessment but respectfully request the Division
consider remission of the civil penalty due to the fact the non-compliance was outside of the Operator's
control.The Operator quickly acknowledged there was an issue, responded to the non-compliance,and
promptly returned the treatment plant to a compliant status.
Please do not hesitate to contact me at 828-390-9131 if we can be of further assistance or if additional
information is needed.
Sincerely,
L'Ati;S*Vit-
Edie Stitt
Pine Mountain Property Owners Association
Cc: John Mullis, Envirolink,Inc.
Bekki Manning,Envirolink,Inc.
Trish Bryan, Envirolink, Inc.
Robert Rowe, invirolink,Inc.

•
DecoSten Envelope 10:42ADA5F2-1D49-43AO-831¢85551 E85C2SE
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Pine Mountain Property Owners Assoc
Pine Mountain Lakes WWTP
PERMIT NO. NC0036935 $ CASE rIO. LV-_20Zt fi it
Having been assessed civil penalties totaling J.086 45 for violationts)as set forth in the assessment document of the
Division of Water Resources dated 4anuar5 08.:,.1L: (),the undersigned,desiring to seek remission of the cavil 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(Asa remission request will be allowed after 00)days
irons the receipt of the
notice of assessment
This the 1 ' ___. . day of r�t0 � _ .20(O
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SK,NATURL
RECEIVED ADDRESS
FEB 0 4 2020 ZYl _ Put).4._ M Qwr1. t n t�l�e
NCDEQIDWRINPDES ;p yl n __... .1 .►n __
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DocuSign Envelope 1D:42ADA5F2-7D49 43A9-8319-85551EB5C25E
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0014 County: Burke
Assessed Party: Pine Mountain Property Owners Assoc
Permit No.: NC0036935 Amount Assessed: $1.086.45
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;
X (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
ac
tivities necess to achieve
how payment of the civil penalty will prevent you from performing thecvY
compliance).
EXPLANATION: