NC0036935_LV-2020-0085 CEI Response_20200625

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 25, 2020
CERTIFIED MAIL ITEM 7015 0640 0007 9833 6070 - RETURN RECEIPT REQUESTED
Ms. Edie Stitt
Pine Mountain POA, Inc.
2885 Pine Mountain Drive
Connelly Springs, NC 28612
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Pine Mountain Lakes WWTP
Permit NCO036935
Case LV-2020-0085
Burke County
Dear Ms. Stitt:
I have considered the information you submitted in support of a request for remission in the
subject case. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the
original civil penalty assessment which totals $1,036.45.
If you choose to pay the penalties, send payment to the letterhead address within thirty (30) days
of receipt of this letter. Please make the check[s] payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and
my recommendation to deny the requests will be delivered to the North Carolina Environmental
Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final
agency decision.
If you desire to make an oral presentation to the Committee on why your requests for remission
meet one or more of the five statutory factors you were asked to address, you must complete and
return the attached forms within thirty (30) days of receipt of this letter. Please mail the
completed forms to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your request for remission will be
made by the Committee based on the written record.
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
S12 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
` North Carolina
T:moo—\ ,k'� 919.70Z900D

NCO036935 Remission Decision
Page 2 of 3
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
Sincerely,
for S. Daniel Smith
Director, Division of Water Resources
cc: NPDES file
■ Complete Items 1, 2, and 3.
■ Print your name and address on the reverse
so that, we can return the card to you.
a Attach this card to the back of the mailpiece,
or on the front if spaCe permits.
Pine Mountain POA, Inc.
Attn: Edie Stitt
2885 Pine Mountain Drive
Connelly Springs, NC 28612
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C. Date of D ry
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`3. Service Type
❑ Adult Signature
Q Adult Signature Restricted Delivery
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N 7530- (over$500
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❑ Return Receipt for
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❑ Signature ConfirmationT^+
Signature Confirmation
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Domestic Return
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DocuSign Envelope ID: 88E5CAC0-8999-423C-814D-D48124F7610E
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0085 Region: Asheville County: Burke
Assessed Entity: Pine Mountain Lakes WWTP Permit: NCO036935
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: TSS violations were due to colder weather in October 2019, causing "the clarifier
blanket to turn over", which "caused the release of solids." "Additional treatment of Alum and Soda
Ash, as well as maintenance on the sludge return pump" resolved the violations. Fecal coliform
violations due to "heavy rains in the area on the 10' of October". Disinfection was increased "and
fecal levels returned to normal the following week."
DWR Response: ARO states that permittee doesn't make sense based on facility design, given the
presence of large polishing pond. Pond would have mitigated both fecal and solids in the effluent. No
evidence of heavy rain found by ARO. Facility was also non -compliant for November 2019 (BOD
and TSS violations) and will receive a CPA shortly. NO REMISSION recommended.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $900.00
Partial Remission ❑ % or $ (amount remitted)
Subtotal $900.00
Retaining Enforcement Costs $136.45
Total Revised Assessment $1,036.45
EDocuSigned by:
6,/X ,. `- 4/6/2020
8B44CE9EB4A1...
S. Daniel Smith Date

RECEIVED
MAR 2 6 2020
N13DEUDWRWDES
March 20, 2020
Mr. Landon Davidson. P.iG_, Regional Supervisor
Water Quality Regional Operations Section
Asheville. Regional Office
Z090U.S. H*. 70
Asheville, Nit 28779
Subject: Remission Request
NOTICE -OF VIOLATION & INTENT TO ISSUE CIVIL PENTLTY.
Case:Mo.: I:V4020-0095
WINT`P. Permit No.: NCO03693S
Pine Mountain Property Owners Association
Acne Mouhtai 4 Lakes WWII':
Burke County
Gear Mr.. Davidson,
Pine Mountain Property Owners: Association appreciaites. the .opp©r[uurty to respond to .the Notice of
Violation: and Civil Penalty issued on February 24, 20.20i Please find enclosed our }remission request
regarding-vi+olations as listed:
• Exceedance of the Total suspended Solids during the month of October was due. to colder
temperatures causing the clarifier blanket to turn .over; this irr turf caused the. release of solids.
Additional treatment of Alum And Soda Asir, as Well as ntalrete�tatrc�e on tfte sludge retu�t :pwot . .
contributed to resoiving.this problem.
+ The Feral Colrfoi�ri exceeded the dai#y rnaximuixr and encrni�l# y, ve'rage due>to heavy rains Ia the
area on the T 0* of October. This resulted in a higher than normal feral count_ The:chiddrie
treatMent was increased and fecal levels returned to normal the fdt wind week
We _understand the reasons for the Chdi Penalty Assessment but respectiuily:request the Division to
consider remission of the civil penalty due to the fid the non-comilance w- as outside Of the Operator's
control. -
Please .do not hesitate to contact me at 828-39 0-9 i 31 if l can be of further assistance or if additioinal`
information is needed.
Sincerely,
f
Edith Stitt
fte Mountain PDA
CC..John. 'Mullis, Envirolink, Inc.
Bekki Manning; €nvirolinki Inc.
Trish .Bryan, Envirolink, Inc.
Robert Rowe. Envirolink, Inc.,

DowSign Envelope ID.- 008ADEFF-4BD4-400C-894E-002BB97E4573
JUSTIFICATION FOR REMISSION REQUEST.
Case Number: LV.-2020-M5 County: Burke
Assessed Party: Pine Mountain, Property Owners Assoc
Permit No.: NCO036935 Amount Assessed: $1,036.45
RECEIVEO
MAR 2 6 2020
NCDEQ/DWR/NPDES
Please use, this form when requesting remission cif this civil. penalty.. You, must also complete. the "Request For Remission,
Waiver of Right to an I Administrative Hearing, and Stipulation of Facts" form to request remission . of this civil penalty.
You should attach any documents that you believe support your requ . est I 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 thecivil penalty assessed. Requesting
.remissionis. not the proper procedure for contesting whether the violati6n(s). occurredOtt accuracy of, of the 1kctual
statements c I ontai . ned:in the civil . pe P . gm any
as":. ument.
to N.C.G.S. 4JOW28144 reynissio" of.* civil
.:.. .' -� I - 1. 1 1
penalty may beirante only when one or more o the o owing ive. actors f h I r, fi 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 MCC& 1438-2782. I(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfiactors are listed in the civil penaliry 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 violadon and prevent future occurrences);
—L/— (c). the violation was inadvertent or a result of an accident(i.e, explain why the violathm was unaw.)i&tble or
somethingyou could not prevent orprepare 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 ofthe rivilpenalty willprevent Youjrom Performing the activities necessary to achieve
compliance).
EXPLANATION:
A.44 ac1 e-8

DDCUSW Fj� V OOOA,Dr=f F-QD4-4QQC-d91E-DMW?E46?3
STATE OF NNOR1 H CAROLNA
COLN-TYOF BURKE
IN THE MATTER OF ASiES9MF-?iT
OF. CIVIL PENAL -TIES AGAINST
Pim.M6,413tain PrOiwrf.yO.wbcrS Assoc
,Pint mountain 1Akcs'%'WTP
I
MPAR rm m� of 0114 VIROINMENrAL QUALITY
WAIVER tom` RIGHTTO AN
'A ISTRATIVE HfAWN -N-0
PERMIT NO -N-CO036935 I CASENO. LV-21,400-W5
Having been assessed civil peWfirs totaling
1101F PHONE
RECEIVED
MAR 2 6 2020
NGf)EQ/DvVR/NPDES