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HomeMy WebLinkAboutNC0047091_Regional Office Historical File Pre 2018 (3)METWATER. Inc. 1pry 1000 Woodhurst Drive Monroe, NC 28110 Email: dmetwater(a)aol.com mobile: 704.506.4255 September 28, 2013 Mrs. Marcia Allocco NCDENR, DWQ 610 East Center Ave., Suite 301 Mooresville, NC 28115 Reference: Tracking # NOV-2013-LM-0050 Silver Maples WWTP Permit # NCO047091 Dear Mrs. Allocco, RECEIVED DIVISION 0P IVA.TER QUALITY OCT 1 2013 Mc MOORESi'!LLE ncCIONAL OFFICE This letter is intended to address the above referenced NOV sited in the letter dated September 6, 2013 regarding two (2) fecal violations of>600 CFU/100 ml and the lack of sampling/testing for quarterly Total Nitrogen (TN) and Total Phosphorus (TP). It is believed that short circuiting of the chlorination process caused by heavy storm water flow is directly attributable to the two (2) fecal violations. The owner/manager is aware of our inflow concerns and to my knowledge continues to searched the property for broken clean outs, broken or missing manhole lids, and alike. The wastewater treatment plant (WWTP) itself is in the flood plain and was routinely flooded this summer in and around this time as well. Metwater, Inc. (MW) has been able to string together multiple compliant fecal samples at times but when it rains our efforts have not been enough. This situation will continue until the inflow problem is corrected and/or a baffle or similar detention device is installed to increase chlorine contact time. As for the missing TN and TP samples, as you recall, the former operator was not available for discussion regarding plant performance and had abandoned the facility leaving the owner/manager in a state of emergency. Samples were being missed and documentation of operations/testing was not available. MW was given a permit by the property manager that did not include the TN/TP requirement and has been working from it since negotiating an operations contract for the WWTP. With that said, it is painfully obvious that the "panic" associated with the operator's abandonment of this facility and poor communication between the owner/manager, the former operator, the contract lab and MW is to blame. Also, this facility was inspected two (2) times recently by your office with no mention of the missing TN/TP samples. The aforementioned NOV letter is the first I heard of the quarterly TN/TP requirement. Going forward, MW has secured a copy of the active permit and has discussed the quarterly requirement for sampling/testing with our contract lab in an effort to ensure no more samples are missed. Thank you for your professionalism and diligence while bringing this matter to everyone's attention and believe that MW will continue to operate this facility to the best of our ability. Should you need more information or have any further questions, please feel free to contact me directly at 704.506.4255 or dmetwater(kaol.corn. Z r y,Me eyeon ater, Inc. CC: Silver Maples (email) Kevin Curl, Metwater, Inc. (email) A14i"LA.NCDER North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director September 6, 2013 CERTIFIED MAIL #7010 0780 0000 5562 1811 RETURN RECEIPT REQUESTED Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 John E. Skvarla, III Secretary Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking #: NOV-2013-LM-0050 Silver Maples WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the June 2013 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date 6/19/13 6/26/13 Qtr. ending 6/30/13 Parameter Reported Value Permit Limit/Monitoring Requirement Fecal coliform Fecal coliform Total nitrogen Qtr. ending 6/30/13 Total phosphorus >600 CFU/100 mL 400 CFU/100 mL (Daily maximum) >600 CFU/100 mL 400 CFU/100 mL (Daily maximum) None* Monitor once per quarter None* Monitor once per quarter * This is fourth consecutive quarter of monitoring violations for total nitrogen and total phosphorus A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0047091. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal,ncdenr.org/webtwq An Equal Opportunity Affirmative Action Employer - 30% Recycled/10% Post Consumer paper One NorthCarolina Naturally Mr. Logan Boggs, Silver Maples NOV-2013-LM-0050, Page 2 September 6, 2013 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have questions concerning this matter, please do not hesitate to contact Ms. Marcia Allocco or myself at (704) 663-1699. Sincerely, c Michael L. Parker Water Quality Programs Regional Supervisor cc: Point Source Branch MA PI!1occ!o,Marcia From: Allocco, Marcia Sent: Tuesday, September 17, 2013 4:16 PM To: 'kevin curl' Cc: silvermaples@towermgmt.com; dusty metreyeon Subject: RE: ORC Designation Form Kevin, I am granting your request for an extension to respond to the noted Notice until September 25, 2013. If you need anything else please let me know. Regards, Marcia From: kevin curl [mailto:kevincurl@hotmail.com] Sent: Tuesday, September 17, 2013 4:09 PM To: Allocco, Marcia Cc: silvermaples@towermgmt.com; dusty metreyeon Subject: RE: ORC Designation Form Marcia, I would like to request an extension for the response to NOV-2013-LM-0050, Silver Maples WWTP, NPDES Permit No. NC0047091. Extension of the response date to September 25, 2013 should be sufficient for Metwater, Inc. to complete permit reviews and data collection. Thank you very much for your help in this matter. Sincerely, Kevin Curl, Metwater Inc. From: marcia.allocco@ncdenr.gov To: kevincurl@hotmail.com Subject: ORC Designation Form Date: Tue, 17 Sep 2013 13:18:41 +0000 Kevin, The ORC designation form is attached as per our conversation yesterday afternoon. Please send in your request for an extension at your earliest convenience. Please note I will be in the field on inspections on Thursday and Friday of this week. Regards, Marcia PVV Ilocco, Marcia From: Dmetwater@aol.com Sent: Thursday, September 26, 2013 SA8 PM To: Allocco, Marcia Cc: silvermaples@towermgmt.com Subject: Request for extension NOV-2013-1-M-0050, Silver Maples WWTP, Permit No. NC0047091 Marcia, I would like to request an ADDITIONAL extension for the response to NOV-2013-1-M-0050, Silver Maples VW TP, NPDES Permit No. NC0047091. Extension of the response date to October 4, 2013 should be sufficient. I realize you granted extension to Kevin and I am sorry to ask for more time. However, I need a little more time to make sure I understand how we got to this point. Thank you very much for your help in this matter. Sincerely, Dusty Metreyeon Metwater Inc. 704.506.4255 b ve-�n v%�. v� c, Yn c�-Q asp 3�) act 0-0 ala+IL3 1 RECEIVED DIVISION OF WATER QUALITY AUG 23 2013 r f.-)N l MOOo L,� r<LLE REGIONAL OFFICE Silver Maples Community 2812 Plantation Road Concord, North Carolina 28027 704-786-5577 / 704-788-8945 Fax Number Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 August 22, 2013 Attention Marcia Allocco, In regards to letter received on August 14, 2013, Notice of Violation Nov-2013-PC-0282. On August 13,2013 Wes Bell came and he and myself inspected plant and no obvious discharge was observed leaking or coming from the outer walls. I have had on August 20, 2013 camera person, Eudy Pipe Service. Tech could not get camera to work as mud kept coming up and covering the camera. They said they did not know what else to do. As of this date August 22, 2013, I have hired P&L Utilities to see if they could do anything (they said they can get it done). They have finished there camera of all the plant and I am enclosing a 2 set DVD to show what is there. They have not found any structural problems. The following are the names and addresses and phone numbers of the company's we got to preform the services for us. Feel free to call them if you have any questions. Eduy's Pipe Service 7139 Kluttz Road Rockwell, NC 28138 704-279-0350 P&L Utilities, LLC 2942 N.C. Hwy 49 Harrisburg, N.C. 28075 704-454-7996 Office, 704-804-4184 Cell Sincerely, Chester DeBoard/Manager Sifver Community FACSIMILE TRANSMITTAL SHEET TO: FROM: Chester & Clara DeBoard, Mgr's. COMPANY: FAX NUMBER: ( LEP %-1 704-788-8945 FAX NUMBER: PHONE NUMBER: z �� - 4� 0 704-786-55 77 DATE: NO. OF PAGES INCLUDING COVER F-,?3 --�d4 ;9- NOTES/COMMENTS: 1 L-d 9t6999LtOL AilNnnnoo 63�dVN 213A�16 9£Z:0L 0L £Z 6nV Aug 23 13 10:23a SILVER MAPLES COMMUNITY 7047888945 p.2 7-r W4 I A i 4A. . . . . . . . . . . . - - - - - - - - - - - r 77 .. ........ 7,A Fl 4-1 Bell, Wes From: SILVER MAPLES [silvermaples@towermgmt.com] Sent: Tuesday, August 20, 2013 7:51 PM To: Bell, Wes Subject: Re: Visit Hi Wes, Wes I called the only person I knew of that could help with having the exterior/interior walls the waste treatment plant and their connecting pipes to each tank. they were supposed to start on Monday but due to the hard rains they came this morning 8/20/13. After many times of trying using a track set up with the camera they found it to be useless due to the mud in the "alley way" between the first set of tanks. So then they installed a somewhat large set of wheels to the camera. also without any success, also spinning in mud. Then the operator said if he had a piece of wood and something to strap the camera down that might just work. At which time I went to my tool shed and retrieved the wood, strap, screws, skill saw, and about 20 ft. of 1/4 in pvc. so we got this all rigged up to the board but this too failed. Wes I do not know what else to do. Please :ome by or call me in the morning after 9am. God Bless and thank you. Chester G. De Board Jr. ----- Original Message ----- From: Bell,! Wes ; To: SILVER MAPLES Sent: Wednesday, August 14, 2013 8:30 AM Subject: RE: Visit Chester, Thanks for the email and hope you are having a blessed day too. I have attached Donna's inspection report and the collection system requirements we discussed yesterday. Thanks again for meeting with me yesterday. Let me know if you have any questions or comments regarding these attachments. Wes From: SILVER MAPLES [mailto:silvermaples@towermgmt.com] Sent: Wednesday, August 14, 2013 6:33 AM To: Bell, Wes Subject: Visit Good Morning Wes, This is in response to your visit yesterday. Hope you have a Blessed day and a safe one. Chester DeBoard/ CoManager NCDENR North Carolina Department of Environment and Natural Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 2780 000314618129 August 5, 2013 Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, CA 91101 Resources John E. Skvarla, III Secretary Subject: NOTICE OF VIOLATION NOV-2013-PC-0282 Compliance Evaluation inspection Silver Maples WWTa7�* NPDES Permit NCO ' *Re& Cabarrus County, North Carolina Dear Mr. Boggs: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on July 31, 2013 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The inspection found the Silver Maples with a very serious sludge leak at the wastewater treatment plant. Sludge was found leaking from under the plant, traveling across the ground to the fence line, and seeping out of the fence. Very serious structural integrity problems could be causing the leak and should be investigated immediately. This report is being issued as a Notice of Violation (NOV) because of the violations of the subject NPDES permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Operation & Maintenance Section of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty five -thousand dollars (25,000.00) per violation per day may be Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet http://portal.ncdenr.org/web/wq An Equal Opportunity ? Affirmative Action Employer - 50% Recycled/10% Post Consumer paper NorthCarolina ,Xatffmljr Addressee Date Page 2 of 2 assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by August 23, 2013, addressing the deficiencies noted in the Operation & Maintenance Sections of the report. In responding, please address your comments to the attention of Ms. Marcia Allocco. Sincerely, Michael L Parker Surface Water Protection Regional Supervisor Enclosure United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 (S I 31 NCO047091 111 121 13/07/31 117 181 C I 19I S I 20III Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -------- --------- ------- Reserved --- —--- ------ ------ 67I 169 70131 711 I 721 N I 73 LU 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:30 AM 13/07/31 09/02/01 Silver Maples Community Exit Time/Date Permit Expiration Date 2812 Plantation Rd Concord NC 28027 11:45 AM 13/07/31 13/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official(Title/Phone and Fax Number Contacted Logan A Boggs,80 S Lake Ave Pasadena CA 91101//626-795-7755/6264400378 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Flow Measurement .Operations & Maintenance Self -Monitoring Program Sludge Handling Disposal 0 Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspecto (s) Agency/Office/Phone and Fax Numbers Date Donna H od MRO WQ//704-663-1699 Ext.2193/ r12113 Si nature of Management Q A Reviewer % Agency/Office/Phone and Fax Numbers Dat Ext.2204/ Ma cia AlI cc MRO WQ//704-663-1699 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO047091 I11 12I 13/07/31 17 18I d Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) During the inspection it was noted that the tanks are leaking onto the ground. Sludge was observed running from underneath the wastetreatment plant to the fence enclosing the facility. This must be corrected immediately. Page # 2 Permit: NCO047091 Inspection Date: 07/31/2013 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ o Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n ■ o o Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n n ■ Judge, and other that are applicable? Comment: See Summary Section. Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n n n Are all other parameters(excluding field parameters) performed by a certified lab? ■ n n n # Is the facility using a contract lab? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? n n ■ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? n n ■ o Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? n n ■ o Comment: K&W Labs (#559) performs all laboratory analyses. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ n n n Is the mixing adequate? ■ n n n Is the site free of excessive foaming in the tank? ■ n n n # Is the odor acceptable? ■ n n n # Is tankage available for properly waste sludge? ■ n n n Comment: n__ Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Page # 3 Permit: NCO047091 Inspection Date: 07/31/2013 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ In n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Primary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ n Are weirs level? n ■ n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? n ■ n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the sludge blanket level acceptable? ■ n n n Is the sludge blanket level acceptable? (Approximately'/. of the sidewall depth) n n ■ n Comment: The sludge was a little high in the primary, it appeared to be operating properly. The primary clarifier is very old and corroded. Aeration Basins Yes No NA NE Mode of operation Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n ❑ ■ Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Comment: The aeration basins appeared well mixed. Secondary Clarifier Yes No NA NE Page # 4 Permit: NC0047091 Owner - Facility: Silver Maples Community Inspection Date: 07/31/2013 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? n ■ n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately'/< of the sidewall depth) ■ n n n Comment: Secondary clarifier weirs are not level. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ Cl n n Is there chlorine residual prior to de -chlorination? ■ n n n Comment: Chlorine residual was 37 ug/L on the day of the inspection. De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n n n Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? 1 Page # 5 Permit: NCO047091 Inspection Date: 07/31/2013 De -chlorination Comment: Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Chlorine residual was 37 ug/L on the day of the inspection. pH was 7.0 su on the day of the inspection. Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: The outfall was overgrown. Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: The flow meter was last claibrated on 7/2/2013 by Thurman Horne. ■nnn ■nnn ■ n n n ■nnn ■nnn ■nnn n n n ■ nnn■ nn■n Yes No NA NE ■nnn ■nnn ■nnn ■nnn Page # 6 Sludge leaking from underneath the basins. h�Y Ilk M a djr A Sludge traveling across the ground to the fence. Sludge coating the ground between tanks. METWATER, Inc. 1000 Woodhurst Drive Monroe, NC 28110 Email: dmetwater@aol.com Mobile: 704.506.4255 July 4, 2013 Ms. Donna Hood NCDENR,DWQ Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Subject: Response to Flood that damaged Sampling Equipment Silver Maples MHP; NPDES # NCO047091 Dear Ms. Hood, JUL U 9 2013 iON MOORESV1LE REGIONAL OFFICE This letter is intended to follow up my initial phone call to you around 1300 on Monday July 1, 2013 regarding a horrific flood event taking place June 29 through July 1' at Silver maples W WTP. As previously stated, during this event the on -site effluent flow meter and refrigerated sampler were damaged. To complicate matters, my back up sampler that I store in a utility building at Carolina Village was also damaged. As we discussed, samples taken on Tuesday July 2, 2013 were all grab samples. Thanks to Horizon Engineering, We have since been able to secure temporary equipment for flow monitoring and sampling until such time a more permanent solution can be implemented. Please see photos I sent via email concerning same. If you have any questions or need additional information, feel free to contact me directly by calling 704.506.4255 or by emailing dmetwaternae aol.com. SinceofA D Metreyeon Metwater, Inc. CC: Chet Deboard, Silver Maples MHP, email Mr. Jonathan Boggs, email METWATER, Inc. 1000 Woodhurst Drive Monroe, NC 28110 Email: dmetwater(a),aol.com Mobile: 704.506.4255 July 4, 2013 Ms. Donna Hood NCDENR,DWQ Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Subject: Notification of Flood Event Carolina Village MHP; NPDES # NCO063762 Dear Ms. Hood, RECEIVED DIVISION OF 'u1rnTER QUALITY JUL 0 9 2013 SVJP i1C�N MOORESVILLE REGIONAL OFFICE This letter is intended to follow up my initial phone call to you around 1300 on Monday July 1, 2013 regarding a horrific flood event that took place over the weekend of June 29`t through July V at the Carolina Village WWTP. During this time, the facility never lost power. As you know, this facility is above ground and as such we were able to maintain operations close to normal and sample the effluent with the composite sampler mounted atop the facility. We would have preferred to postpone sampling until later in the week but our contract laboratory was closing Thursday and Friday for Independence Day. The influent pump station was covered over with water but also did not lose power. There was, however, an undeterminable amount of heavily diluted sewage lost from this lift station and area manholes. On Tuesday July 2, 2013, the upstream and downstream sites were still flooded and unattainable. Following the advice of Mr. Wes Bell, from your office, the stream samples were safety collected as close to the designated sampling site as possible. Please see photos I sent via email concerning same. If you have any questions or need additional information, feel free to contact me directly by calling 704.506.4255 or by emailing dmetwater&aol.com. ZSinc , sty M eye Metwater, Inc. CC: Ryan Hotchkiss, Owner (email) Judy Driskill, Park Manager (email) METWATER, Inc. 1000 Woodhurst Drive Monroe, NC 28110 Email: dmetwater(a�,aol.com Mobile: 704.506.4255 June 25, 2013 Ms. Donna Hood Mooresville Regional Office 610 East Center Ave, Suite 301 Mooresville, NC 28115 Subject: Response to Power failure leading to Sewer overflow and bypass of treatment facilities. NPDES # NCO047091 Dear Ms. Hood, REI 21VED DIVISION O5 Vf�,` T ; OCALIT'r JUN 28 2013 o H:iia MOORESV0-1-E REGIONAL OFFICE This letter is intended to follow up my initial phone call to you around noon on Friday June 14, 2013 regarding a power outage at Silver maples WWTP. Subsequent phone calls were also made to you on the 17t' and 21" to report influent manhole overflow and the inevitable bypass of treatment components. The following is a combined summary of fact composed from what I have first hand knowledge of and from what the parks manager explained to me as they worked to get the situation corrected: June 13, 2013.... (per park manager) Electric out in park. Trees down on lines at W. W.T.P. Fuses blown at transformer at 2401 Lancaster, which supplies power to Silver Maples resrdent's hones Duke Energy was called by us and residents about every 1-2 hours all night. We explained to them we were a utility company and we have a wastewater treatment plant and wells that have to keep running. Did not seem to matter 1200-Friday June 14, 2013 ... Arrived on site to perform daily visitation to find power out to the water wells and WWTP and had been since 1830 the day before due to a horrific storm event. The access road to WWTP was not passable. Called and left v-mail for you and Mr. Wes Bell. Advised park manager, Chet Deboard, there is a protocol for reporting and documentation that I will initiate but he needs to continue his own documentation and take pictures. June 14, 2013... (per park manager) At about 9:30 am Pike came in. Chet took them to the W. W. T. P. and then one truck went to 2401 Lancaster. Where 3 fuses were out. We called all night and told them we were utility company. This we did every hour or half-hour. Then electric company had truck to ground over head wires at comer of Plantation and Darwin and fuses were pulled down. Asplundh then removed 3 large trees that had been blown over lines that serviced waste treatment plant. Then I was told 1 had to get electrical contractor to repair lines down and my electrician said for them to replace their broken pole and fix line, which I did. At which time I called Duke Energy and they said someone would contact us. All along we told them we were a utility company. 0800-Saturday June 15, 2013 ... Via text, Chet advises power still out to WWTP due to service pole being down but water wells back on. I texted him back advising to get generator on site or at least get a pump and haul contractor to keep up with influent flow now that the water was on again. Sound after Dayton from L&L Environmental called me, as Chet told him to do, to discuss what needed to be done. By the time a plan was formulated, Chet advises that the power to the plant is back on. I told Dayton, to wait until Monday to evaluate the clean up effort necessary and give the plant a day to "catch up". This was around 1300. VMS. Donna Hood, NCDENR, DWQ Response to power failure.... NPDES # NC0047091 Page 2 June 15, 2013... (per park manager) Electric box to waste treatment plant called Mike Cox Electric 1-800-777-9898. Conformation # D3560801 for pole reset. Duke Energy called back and supervisor said they would be out this morning after calling and calling. Then they all showed up. New pole, fuses, et. done. Back on line at 12: 50 pm. L&L called 12:56 pm. Dusty texted at 1.V pm. Electric went out and came back on and all street #gtihts were out. Lights came slowly back on. 1020-Monday June 17, 2013... my backup ORC advised me that the power to the WWTP was still on but the influent manhole, now overflowing, was covered with storm debris from tree crew and that weekend flows were significantly less than normal. At I030, I called Chet to tell him of the overflowing manhole and debris preventing access to manhole and barcreen. I informed him at that time, depending on volume of sewage lost.... a press release may be in order and to continue his documentation of this event. At 1034, I called you to inform you of this situation. At 1110, Chet called to let me know he had pipe cleaning crew on the way and L&L on standby for any clean up. At 1620, called you again to advise manhole stoppage cleared and L&L clean up sewer debris around manhole. 0950-Friday June 21, 2013.... I called you to inform you of an effluent fecal of > 600 on the previous sample day and that I just received event summary from park manager and pictures. I have attempted to email the pictures taken by the park manager but have not been successful. Mr. Deboard has a disc of the pictures if I can not email them. Moreover, the parks owner, Mr. Jonathan Boggs wanted me to communicate that the storm event leading up to this overflow, included heavy rain, eighty (80) MPH winds and a tornado. He also communicated to me that he takes this situation very seriously and will continue diligently working to be in compliance. He is willing to meet with staff from your office as necessary. Also, Mr. Boggs is interested in pursuing a Special Order of Consent (SOC) while negotiating the abandonment of the WWTP and the ultimate connection to municipal sewer with the City of Concord. Please advise if these intentions meet the criteria for SOC and if so, how to proceed with the application. If you have any questions or need additional information, feel free to contact me directly by calling 704.506.4255 or by emailing dmetwateL'&_aol.com. Sincere usty etr •eon ater, Inc. CC: Chet Deboard, Silver Maples MHP, email Mr. Jonathan Boggs, email A4 NCDEE R North Carolina Department of Environment and Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director June 12, 2013 CERTIFIED MAIL #7010 0780 0000 5519 2342 RETURN RECEIPT REQUESTED Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Natural Resources John E. Skvarla, III Secretary Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking #: NOV-2013-LM-0039 Silver Maples VVVVTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the March 2013 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value 3/12/13 BOD 22.0 mg/L 3/31/13 BOD 13.5 mg/L Qtr. ending 3/31/13 Total nitrogen None* Qtr. ending 3/31/13 Total phosphorus None* Permit Limit/Monitoring Requirement 19.5 mg/L (Daily maximum) 13.0 mg/L (Monthly average) Monitor once per quarter Monitor once per quarter * This is third consecutive quarter of monitoring violations for total nitrogen and total phosphorus A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0047091. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) maybe assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the March 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10- day period, a civil penalty assessment may be prepared. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville; NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/webiwq Nne orthCarohna Naturallb, An Equal opportunity 1 Affirmative Action Employer - 30% Recycled/1 0% Post Consumer paper Mr. Logan Boggs, Silver Maples NOV-2013-LM-0039, Page 2 June 12, 2013 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have questions concerning this matter, please do not hesitate to contact Ms. Marcia Allocco or myself at (704) 663-1699. cc: Point Source Branch MA Sincerely, C Michael L. Parker Surface Water Protection Regional Supervisor L—.Ah, fii-A NCDENR North Carolina Department of Environment and Natural Resources , Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary May 7, 2013 Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Subject: Response to NOV-2013-LV-0238 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County, NC Dear Mr. Boggs: Mooresville Regional Office staff reviewed the Silver KBI, LLC (Silver Maples Community) response to the Notice of Violation and Notice of Recommendation for Enforcement NOV-2013-LV-0238 received on April 19, 2013. Based upon the review, mitigating circumstances were found that would justify no further action being taken against KBI, LLC for the Silver Maples Community WWTP at this time. Be advised that should noncompliance continue, enforcement action, including the assessment of civil penalties, could be taken by the Division of Water Quality in accordance with G.S. 143-215.6A(a)(2). Thank you for your continued cooperation with the Division of Water Quality. Should you have any questions regarding the decision by this office in regards to this matter please contact Ms. Marcia Allocco or myself at (704) 663-1699. Sincerely, < A , Michael L. Parker Regional Supervisor Surface Water Protection Cc: Bob Sledge, Point Source Compliance Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 1 Fax: (704) 663-6040 1 Customer Service: 1-877-623-6748 Internet: http://i)ortal.ncdenr.org/web/wa o se NCarolin, tu4411 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled/10% Post Consumer paper 4t • ��, FILLm- NCDENR IV North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary April 12, 2013 CERTIFIED MAIL #7010 1870 0001 1558 1009 RETURN RECEIPT REQUESTED Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking #: NOV-2013-LV-0238 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the January 2013 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit 1/29/13 BOD 26.0 mg/L 19.5 mg/L (Daily maximum) 1/31/13 BOD 14.3 mg/L 13.0 mg/L (Monthly average) A Notice of Violation and Notice of Recommendation for Enforcement (NOWNRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0047091. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the January 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10- day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/webtwq NorthCarohna Naturally An Equal Opportunity ! Affirmative Action Employer — 30% Recycled/10% Post Consumer paper Mr. Logan Boggs, Silver Maples Community VVVVTP NOV-2013-LV-0238, Page 2 ` April 12, 2013 violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have questions concerning this matter, please do not hesitate to contact Ms. Marcia Allocco or myself at (704) 663-1699. Sincerely, C Michael L. Parker Regional Supervisor Surface Water Protection cc: Point Source Branch MA IFV DNv _ALIT Y APR 18 2013 SWP SECTION MOORESVILLE RECIONAL OFFICE Silver Maples Community 2812 Plantation Road Concord, North Carolina 28027 704-786-5577 / 704-788-8945 Fax Number April 18, 2013 NCDENR Marcia Allocco Mooresville Regional Office 610 East Center Ave. Suite 301 Mooresville, NC 28115 Attention Ms. Marcia Allocco: This communication is in response to our phone communication, April 16, 2013, at which time I had explained to you that we have been working with everyone from our Engineer and Surveyors at Concord Engineering & Survey. To our original Attorneys at Hartsell & Williams in Concord, NC to help get added 1 Oft. required by city for future sewer line repair to meeting with the city attorney and appropriate department heads of Concord Waste Management. Bill Eudy of Eudy's Pipe Service used cameras in all sewer lines and repaired all sewer lines and manholes per city where needed. Now with the change in Attorney's this will put another time delay in getting easement documents signed. I hope this will help you to understand what we have been wading through. We have been working to this end since 2007. This has been a process since Mark Fowler, with the city and WASACC, came to us wanting us to sign right of way for their new service line across our property in the year of "2007". I am enclosing some of the invoices that have been paid out in this process. If you need more information please come to the office. Thank You, Chester G. DeBoard On Site Manager and Contact person pr EDDY'S PIPE SERVICE 5231 BARRIER RD CONCORD NC 28025 TO: SILVER MAPLES COMMUNITY DATE OCTOBER 30 2008 SCOPE OF WORK Eudy's Pipe Service shall provide all materials, tools, machinery, labor, and, supervision to complete all work as described. 1 Install approx. 29001f sanitary sewer line at 35.00 pre If. 2 Install approx. 7 service connections at 700.00 ea. 3 Reset set and re -grout to grade approx. 8 frames and covers at 125.00 ea. TOTAL 101,500.00 TOTAL 4,900.00 TOTAL 1,000.00 TOTAL PACKAGE 107,400.00 PAYMENT On fifty precent completion of sanitary sewer installation the amount of 53,700.00 will be due. On completion of remainder of contract the balance of 53.700.00 will be due. DATE O- O• Bil udy O er DATE/O - 30- o$ Russell Eudy Supervisor SILVER MAPLES COMMUNITY DATE Jonathan Beggs Prop. Sup. DATE Chester De8oard Site Mgr. Land Development Services Silver Maples 2812 Plantation Road Concord, NC 28027 Invoice P.O. Box 268 Concord, NC 28026 V February 12, 2010 mm Invoice No: 014869 Project 070906.000 Paradise Estates Sewer As -built Professional Services through February 7. 2010 Description: Professional Surveying Services for as -built of sanitary sewer and water system for Paradise Estates in Concord, NC - Partial Billing I. Survey Paradise Estates Ph I 1. Sewer Profiles for sewer connection to City $ 1,561.00 100% Complete $1,561.00 2. Boundary Ties and Sewer Easement Maps $10,707.00 90% Complete $9,636.00 IV As built survey Silver Maples Ph II $4 722 00 100% Complete $4 722.00 Total $16,990.00 $15,919.00 Previous Invoice ($13,563.00) Total Due 2,356.00 (Amount Remaining $1,071.00) Total this Invoice $2,356.00 If you have any questions, please contact Jim Davis. Terms: net due 30 days Payments may be made by credit card at www.cesilds.com All returned payments are subject to a $50.00 service charge NCSS • NSPS a ACSM o NSPE = PENC P.O. Bo.--', 268 • Concord. NC 28026-0268 - 704-786-5404 ^ Fax 701-786-7454 I-800-627-1024 w A,v.cesiworld.com Fr 'CE,S+- Land Development Services Silver Maples 2812 Plantation Road Concord, NC 28027 Invoice Corporate License No. C-0263 P.O. Box 268 Concord, NC 28026 April 15, 2010 Invoice No: 015073 Project 070906.000 Paradise Estates Sewer As -built Professional Services through April 11, 2010 Nk/ Description: Professional Surveying Services for as -built of sanitary sewer and water system for Paradise Estates in Concord, NC - Partial Billing I. Survey Paradise Estates Ph I 1. Sewer Profiles for sewer connection to City $ 1,561.00 100% Complete $ 1,561.00 2. Boundary Ties and Sewer Easement Maps $10,707.00 95% Complete $10,172.00 IV As built survey Silver Maples Ph II $4 722 00 100% Complete $ 4,722.00 Total $16,990.00 $16,455.00 Previous Invoice ($15,919.00) $ 536.00 Total Due (Amount Remaining $ 535.00) Reimbursable Expenses 3/25/10 City of Concord review fee 80.00 Total this Invoice $616.00 If you have any questions, please contact Jim Davis. Terms: net due 30 days Payments may be made by credit card at www-cesilds.com All returned payments are subject to a $50.00 service charge NCSNSPS • ACSM NSPE PENC P.O. Box 268 • Concord. NC 28026-0268 • 704-786-5404 • Fax 704-786-7454 • 1-800-627-1021 www.cesiworld.com FV Subject: Re: Easement, Clara, I opened this email a little while ago and have also received a voice mail from you about trouble you have been having sending me emails. This is the only email I have received from you since I would guess before Thanksgiving. If you have sent others, I have not received them. As for the easements, I will need to get our Legal Department involved at some point to review the current easement as well as the new easements. Our Legal Department will need to ensure there is clear title to the existing easement and that there are no problems with this being dedicated to the City. Since it appears you are working with Hartsell, Hartsell and Williams, our Attorney and their office have worked together on many easements issues. I will speak with our Attorney and see how he wants to handle this. At a minimum, he will want to review the easement documents before they are recorded. Mark Fowler >>> "SILVER MAPLES" <silvermaples(@towermgmt.com> 4:38 pm 1/14/08 >>> Hi Mark, I was wondering if we get the ones in Pardise Estates in a meeting with our lawyer and get the easements signed (and the form said to return to Attorney Albert Benshoff) is the city going to record these? Let me know. Thanks Clara By the way we have the list of companys you sent before for the camering of lines. Thank You Pursuant to North Carolina General Statutes Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to request and review by anyone at any time. FV SILVER MAPLES Page 1 of 1 From: "SILVER MAPLES' <silvermaples@towermgmt.com> To: "Jim Davis" <jimdavis@cesilds.com> Sent: Tuesday, October 13, 2009 5:06 PM Subject: Map for Easements e could get to the what needs to e conveyed Hi Jim, Wanted to know if you have smap ws We nteed tornetoyg showing t he a easements gob a quickly. So s` easements for Paradise Estates and inside Silver Maple you could let us know we will pick up the map from you. Would greatly appreciate it Jim. Thanks So Much Ciara and Chet 10/14/2001P F. I L NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Dear Mr. Boggs: Division of Water Quality Charles Wakild, P.E. Director April 10, 2013 John E. Skvarla, III Secretary Subject: Notice of Violation — Effluent/Monitoring Violations Tracking #: NOV-2D13-LM-0034 Silver Maples WWTP NPDES Permit No. NCO047091 Cabarrus County A review of the October through December 2012 self -monitoring reports for the subject facility revealed violations for the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit/Monitoring Requirement 12/26/12 BOD 31.0 mg/L 19.5 mg/L (Daily maximum) Qtr. ending 12/31/12 Total nitrogen None 1x/quarter Qtr. ending 12/31/12 Total phosphorus None 1x/quarter Remedial actions, if not already implemented, should be taken to correct any problems especially failing to monitor for nutrients quarterly. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, Michael L Parker Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877.623-6748 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled/10% Post Consumer paper NorthCarofina Naturally A,Llvv-KWA NCD NR North Carolina Department of Environment and Natural Resources IzIfy,11 Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary February 6, 2013 Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Subject: Notice of Violation — Effluent Limitation Tracking #: NOV-2013-LV-0078 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the October 2012 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit October 31, 2012 Flow 0.044 MGD 0.04 MGD (Monthly average) Comments were provided with the October 2012 Discharge Monitoring Report noting that you believe the flow violation was related to a faulty flow meter installed at the wastewater treatment plant. However, there was no documentation provided that demonstrated the installed flow meter failed calibration (e.g. deviated by more than 10% and could not be recalibrated). In addition, you did not provide documentation that the newly installed flow meter was calibrated before being put into service; therefore, this notice is being issued. This office would be happy to revisit the issuance of this notice if you can provide the aforementioned calibration documents; please submit them to the attention of Ms. Marcia Allocco. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663- 1699. Sincerely, Michael L. Parker Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affrrnative Action Employer - 30R6 Recycled; l0% Post Consumer paper Nne orthCarohna Nahmally LPIWA Li � NCDENR North Carolina Department of Environment and Natural Resources , Division of Water Quality Pat McCrory Charles Wakild, P.E. John Skvarla Governor Director Secretary January 8, 2013 Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Subject: Notice of Violation —7Effluent/Monitoring Violations Tracking #: NOV-201�-LM-0001 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the September 2012 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit/Monitoring Requirement 9/13/12 Fecal coliform 7,600 CFU/100 mL 400 CFU/100 mL (Daily maximum) 9/18/12 Fecal coliform 960 CFU/100 mL 400 CFU/100 mL (Daily maximum) 9/25/12 Fecal coliform 790 CFU/100 mL 400 CFU/100 mL (Daily maximum) 9/30/12 Fecal coliform 1,793 CFU/100 mL 200 CFU/100 mL (Monthly geometric mean) 9/1/12 BOD None Monitor 1x/week 9/8/12 BOD None Monitor 1x/week 9/1/12 TRC None Monitor 2x/week 9/8/12 TRC None Monitor 2x/week 9/15/12 TRC None Monitor 2x/week 9/1/12 Fecal coliform None Monitor 1x/week 9/8/12 Fecal coliform None Monitor 1x/week 9/1-9/12/12 Flow None Continuous recording 9/1/12 TSS None Monitor 1x/week 9/8/12 TSS None Monitor 1x/week 9/1/12 Temperature None Monitor 1x/week 9/8/12 Temperature None Monitor 1x/week 9/1/12 pH None Monitor 1x/week Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq NorthCarolina Naturally An Equal Opportunity i Affirmative Action Employer - 300% Recycled/10% Post Consumer paper Date Parameter Reported Value Permit Limit/Monitoring Requirement 9/8/12 pH None Monitor 1x/week 9/30/12 Total nitrogen None Monitor 1x/quarter 9/30/12 Total Phosphorus None Monitor 1x/quarter It is the understanding of this office that the above -noted violations relate to certified operator issues at the noted facility, which have been rectified. Any remaining remedial actions, if not already implemented, should be taken to correct any continuing problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, Michael Parker Surface Water Protection Regional Supervisor cc: Point Source Branch MA Aj'A FILE WDERR VIlelyA North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary June 25, 2012 Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Subject: Notice of Violation — Monitoring Violation Tracking #: NOV-2012-MV-0043 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the March 2012.self-monitoring report for the subject facility revealed monitoring violation(s) of the following parameter(s) at Outfall 001: Date Parameter Reported Value Monitoring Requirement 2126 - 3/3 BOD None 1 x/week 2/26 - 3/3 TSS None 1x/week 2/26 - 3/3 Fecal coliform None 1x/week 3/31 Flow None Continuous Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are due to a transcription error (data left off the DMR) please submit an amended DMR (two copies) to this Office along with a cover letter asking for rescission of the Notice of Violation. Please address your correspondence to Ms. Marcia Allocco at the letterhead address. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, 7 AC 4L,- Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq NorthCarohna Nahma!!Y An Equal Opportunity 4 Affirmative Action Employer - 30% Recycled/10% Post Consumer paper FILE NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary cc: MA April 13, 2012 Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Subject: Notice of Violation — Effluent Limitations Tracking #: NOV-2012-LV-0197 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Logan: A review of the January 2012 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 1/4/12 Fecal coliform > 600 CFU/100 mL 400 CFU/100 mL (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, t Robert B. Krebs Surface Water Protection Regional Supervisor Point Source Branch Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Intemet: http:l/portal.ncdenr.org/webtwq An Equal Opportunity \, Affirmative Action Employer — 30% Recycled/10% Post Consumer paper Nne orthCarohna Naturally �G-FILE/�X/ NCDENR North Carolina Department of Environment and Natural Resources �.,�.—y --yes Perdue Governor Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Subject: Dear Mr. Boggs: Division of Water Quality Coleen H. Sullins Director June 23, 2011 Notice of Violation — Effluent Limitations Tracking #: NOV-2011-LV-0232 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dee Freeman Secretary A review of the March 2011 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit 3/9/11 BOD 34.0 mg/L 19.5 mg/L (Daily maximum) 3/31/11 Flow 0.043 MGD 0.040 MGD (Monthly average) The corrective actions submitted for the March Discharge Monitoring Report by the Operator in Responsible Charge note that the "facility has an I&I problem but the system should be off line in the near future." In addition, it was conveyed to staff from this Office during the August 28, 2009, compliance evaluation inspection that construction had begun on a sewer line to connect the facility to a municipal collection system. Please provide this Office with an update on the status of tying the Silver Maples WWTP to municipal sewer by July 22, 2011. Please address your response to the attention of Ms. Marcia Allocco at the address noted in the letterhead. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, 0 4ic-c Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled/10% Post Consumer paper Nne orthCarolina Naturally SILVER MAPLES COMMUNITY 2812 Planation Rd. NW RECEIVED DIVISION Or, �nc,?�TER QUALITY JUL - 5 01' s MOORESVILLt REL.,- ,;_ OFFICE Concord, North Carolina,28027 704-786-5577/ 704-788-8945 Fax Number June 30,2011 NCDENR Division of Water Quality 610 East Center Ave. Suite 301 Mooresville, N.C. 28115 ATTENTION Ms. Marcia Allocco, Except for a short break in time we have continued to move forward in completing Phase 1 of getting hooked up to the City of Concord's water system and the City of Concord's Waste Treatment System. Phase 1 being hooking up all who were on our water system ( which was completed a year ago for those in Paradise Estates)and signing them over to the City of Concord. Also we have redone to the City of Concord's satisfaction are waiting for the City to sign off on the sewer lines and easement document in Paradise Estate. And also getting easement's ok'd ( for Paradise Estates) by the City Attorney and proceeding with getting the appropriate signatures for these easements, which is being handled by our attorney David Williams of Hartsell & Williams,PA. Our engineers for this is CESI Land Development Services, David Reese,PE of Concord, N.C. Phase 2 being the city asking for and receiving right of way for 58 ft.sewer line across Silver Maples Property and near our waste treatment plant. The last time I inquired it was not ready to go on line yet. So that we can get hooked onto City of Concord Sewer system. Anyway CESI-David Reese and jim Davis Project Manager for CESi have and are handling the engineering part of hooking our waste treatment lines onto the City lines and dismantling plans of our waste treatment plant. I realize this has been a long process, but we are doing the best we can on working with everyone. If you have any questions please do not hesitate to call or write to the above address of letter head. Sir1cQrely, Chester DeBoard NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 RECEIVED TOWER Subject: JUN 27 '2011 COMMUNITIES, LLC Dear Mr. Boggs: Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary June 23, 2011 Notice of Violation — Effluent Limitations Tracking #: NOV-201 1 -LV-0232 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County A review of the March 2011 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit 3/9/11 BOD 34.0 mg/L 19.5 mg/L (Daily maximum) 3/31/11 Flow 0.043 MGD 0.040 MGD (Monthly average) The corrective actions submitted for the March Discharge Monitoring Report by the Operator in Responsible Charge note that the "facility has an I&I problem but the system should be off line in the near future." In addition, it was conveyed to staff from this Office during the August 28, 2009, compliance evaluation inspection that construction had begun on a sewer line to connect the facility to a municipal collection system. Please provide this Office with an update on the status of tying the Silver Maples WWTP to municipal sewer by July 22, 2011. Please address your response to the attention of Ms. Marcia Allocco at the address noted in the letterhead. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, -F-CIC Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663.60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/webtwq NorthCarofina Natumil,# An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled110% Post Consumer paper Beverly Eaves Perdue Governor cc �1 Ki�FiLE,,7,0 RCDEN North Carolina Department of Environment and Natural Resources Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Dear Mr. Boggs: Division of Water Quality Ccleen H. Sullins Director May 16, 2011 Subject: Notice of Violation — Effluent Limitations Tracking #: NOV-2011-LV-0178 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dee Freeman Secretary A review of the February 2011 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 2/9/11 Biological Oxygen Demand 22 mg/L 19.5 mg/L (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Point Source Branch Sincerely, 1��� ic-- Robert B. Krebs Surface Water Protection Regional Supervisor Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service:1-877-623-6748 Internet: http://portal.ncdenr.orgtweb/wq An Equal Opportunity \ Affirmative Action Employer — 30% Recycled/10% Post Consumer paper One NorthCarolina Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 10, 2011 LOGAN A BOGGS K B I LLC KURLANDER BOGGS INVESTMENTS LLC 80 S LAKE AVE, STE 719 PASADENA CA 91101 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Silver Maples Community Permit Number: NCO047091 Case Number: MV-2010-0033 Cabarrus County Dear Mr. Boggs: RECEIVED DIVISION OF WATER QUALITY FEB 14 20111 SVWP S': `-- 00N MOOREWILLE ai+ ONAL OFFICE This letter is to acknowledge receipt of check number 001122 in the amount of $585.06 received from you dated January 31, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. cc: Central Files DWQ Mooresville Regional Office Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6300 t FAX: 919-807-64921 Customer Service:1-877-623-6748 NorthCarolina Internet: www,ncwaterquality.org An Equal Opportunity t Affirmative Action Employer Naturally FILEA NCDENR /I };r North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 22, 2010 CERTIFIED MAIL 7009 2250 0004 3266 2095 RETURN RECEIPT REQUESTED Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 pasadena, California 91101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.l(a)(6) and NPDES Permit No. NCO047091 Silver Maples WWTP Cabarrus County Case No. MV-2010-0033 Dear Mr. Boggs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $585.06 ($500.00 civil penalty + $85.06 enforcement costs) against KBI, LLC. This assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for September 2010. This review has shown the subject facility to be in violation of the monitoring requirements found in NPDES Permit No. NC0047091. The violations that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that KBI, LLC violated the terms, conditions, or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143 -215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources -and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against KBI, LLC: Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http:l/portal.nodenr,org/webtwq An Equal opportunity ',Affirmative Action Employer - 30% Recycled/10% Post Consumer paper One NorthCarolina Naturallif ...� i $ 250.00 For 1 of the one (1) failure to monitor for total nitrogen quarterly in violation of the terms of NPDES Permit No. NC47091. $ 250.00 For 1 of the one (1) failure to monitor for total phosphorus quarterly in violation of the terms of NPDES Permit No. NC47091. $ 500.00 TOTAL CIVIL PENALTY $ 85.06 Enforcement costs. $ 585.06 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. 14313-282.1(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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Environment and Natural Resources (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. Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission 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 penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy F. 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 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 Quality 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 t' 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: (919) 431-3000, Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 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 notice, 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. i�tZL) (Date) ATTACHMENTS Robert B. Krebs, Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Mooresville Regional Office Compliance File w/ attachments Raleigh Compliance/Enforcement File w/ attachments Central Files w/ attachments rk/ma F. Outfall 001 001 Date Quarter ending 9/30/10 ATTACHMENT A CASE NO. MV-2010-0033 Parameter Reported Value Monitoring Requirement Total nitrogen Quarter ending 9/30/10 Total phosphorus Denotes civil penalty assessment None Monitor 1 x/Quarter None Monitor lx/Quarter STATE OF NORTH CAROLINA COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST KBI, LLC PERMIT NO. NCO047091 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2010-0033 Having been assessed civil penalties totaling $585.06 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 22, 2010, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 ADDRESS TELEPHONE BY JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: MV-2010-0033 Assessed Party: KBI, LLC County: Cabarrus Permit Number: NCO047091 Amount Assessed: $585.06 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 applies. 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: (use additional pages as necessary) 1) 2) 3) 4) 5) 6) 7) 8) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: KBI, LLC Facility: Silver Maples WWTP County: Cabarrus Case Number: MV-2010-0033 Permit Number: NCO047091 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; No harm has been documented The duration and gravity of the violation; The permittee failed to monitor total nitrogen and total phosphorus during the third quarter of 2010 (June -September). The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown is monitoring was not completed. There are no limits associated with total nitrogen and total phosphorus in the permit. The cost of rectifying the damage; No damage has been documented. The amount of money saved by noncompliance; The amount of money saved by noncompliance is equivalent to the cost to complete total nitrogen and total phosphorus monitoring (—$125 - $150 for both analyses). Whether the violation was committed willfully or intentionally; This is the third quarter in 2010 in which the total nitrogen and total phosphorus monitoring was not completed. The monitoring was last completed in October 2009. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 12 previous CPAs for the Silver Maples WWTP during the life of the permit with no CPAs issued in the past twelve months. The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $85.06. Date Robert B. Krebs, Regional Supervisor Surface Water Protection Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Report Date: 12/07/10 Page: 1 of 20 Permit: % MRs Between: 9 2010 and 9-2010 Region: Mooresville Violation Category: Monitoring Violation Program Category: NPDES VWV Facility Name: % Param Name: 1% County: % Subbasin: % Violation Action: None Major Minor: PERMIT: NN�0036269 FACILITY: Water and ewer Auth ity of Cabarrus County -Roc COUNT abarrus REGION: Mooresville River VV. TI, Monitoring Violatiox MONIT RING OUTFALL / VIOLATION UNIT O CALCULATED REP RT PPI LO ATION PARAMETER DATE F EQUENCY MEASUR LIMIT VALUE %OVER IMIT VIO TION TYPE VIOLATION CTION 09 -2 10 001 E uent BOD, Carbo aceous 05 09/11/10 5 week mg/I Freq ncy Violation None Day, 20C 09 -2 10 001 Effl ent Chlorine, Tot Residual 09/11/10 5 week ug/I Frequen Violation None 09 -2 10 001 Effl ent Coliform, Feca MF, M-FC 09/11/10 5 X week #/loom[ Frequency iolation None Broth,44.5C 09 -20 0 001 Effl ent DO, Oxygen, Di solved 09/11/10 5 X week mg/I Frequency Viol tion None 09 -201 001 Effl nt Nitroggen, Ammon a Total (as 09/11/10 5 week mg/I Frequency Violaton None N) - Concentratio 09 -201 001 Efflue t Solids, Total Susp .nded - 09/11/10 5 X week mg/I Frequency Vio tion None Concentration 09 -2 0 001 Effluent Temperature, Wa er Deg. 09/11/10 5 X w ek deg c Frequen Violation None Centigrade -2010 001 Effluent 09/11/10 5 X week Frequency Violation None PERMIT: NCO047091 FACILITY: K B I LLC Kurlander Boggs Investments LLC - Silver COUNTY: Cabarrus REGION: Mooresville Maples Community Monitoring Violation i" MONITORING OUTFALL/ VIOLATION REPORT PPI LOCATION PARAMETER DATE FREQUENCY UNIT OF MEASURE CALCULATED LIMIT VALUE %OVER LIMIT 09 -2010 001 Effluent Nitrogen, Total (as N) - 09/30/10 Quarterly mg/I Concentration 09 -2010 001 Effluent Phosphorus, Total (as P)- 09/30/10 Quarter) y mg/I Concentration VIOLATION TYPE VIOLATION ACTION Frequency Violation None') Frequency Violation None J ------------- Beverly Eaves Perdue Governor cc: MA Ki L�'Ar FILE NCDENR North Carolina Department of Environment and Natural Resources Mr. Logan Boggs KBI, LLC 80 South lake Avenue, Suite 719 Pasadena, California 91101 Dear Mr. Boggs: Division of Water Quality Coleen H. Sullins Director September 28, 2010 Subject: Notice of Violation — Monitoring Violations Tracking #: NOV-2010-MV-0128 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dee Freeman Secretary A review of the January -March 2010 self -monitoring reports for the subject facility revealed monitoring violations for the following parameters at Outfall 001: Parameter Date Reported Value Monitoring Requirement Total nitrogen Quarter ending 3/31/10 None IX/quarter Total phosphorus Quarter ending 3/31/10 None 1x/quarter Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Point Source Branch James Allison, ORC Sincerely, lr�lz Robert B. Krebs Surface Water Protection Regional Supervisor Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877.623-6748 Internet: http://portal.nedenr.org/webtwq An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled/10% Post Consumer paper NorthCarolina Nawally !XtJ;A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director cc: MA September 28, 2010 Mr. Logan Boggs KBI, LLC 80 South lake Avenue, Suite 719 Pasadena, California 91101 Subject: Notice of Violation — Monitoring Violations Tracking #: NOV-2010-MV-0129 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: Dee Freeman Secretary A review of the April -June 2010 self -monitoring reports for the subject facility revealed monitoring violations for the following parameters at Outfall 001: Parameter Date Reported Value Monitoring Requirement Total nitrogen Quarter ending 6/30/10 None Ix/quarter Total phosphorus Quarter ending 6/30/10 None Ix/quarter Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Point Source Branch James Allison, ORC Sincerely, l G q k-7, Robert B. Krebs Surface Water Protection Regional Supervisor Mooresville Regional Of k;e Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service:1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer- 300% Recycled110% Post Consumer paper NorthCarohna Naturallb, IV\ JUL 2 9 2010 UtNH-WATEP tQllr,LiiY PERFORMANCE ANNUAL REPORT Fiscal Year (July 1, 2009- June 30, 2010) Silver Maples Estates N This report generated in compliance with NCDENR requirements. David B. Pittman, CHMM 702 Moss Creek Drive Cayce, South Carolina 29033 803-325-5066 AUG — 3 1. Generallnformation Facility/System Name: Silver Maples Estates Responsible Entity: Johnathan Boggs Person in Charge/Contact.• Chester/Clara DeBoard Applicable Permit(s): NC 0047091 Description of Collection System or Treatment Process: (1) Bar screen (2) Grit chamber (3) Primary clarification (4) Aeration (5) Re -aeration (6) Final clarification (7) Chlorine contact chamber with tablet chlorination (8) Effluent flow measurement (9) Aeration sludge holding tank (aerobic digester) 2. Performance Overall performance: The facility has met its NPDES permitted water quality parameters of BOD(S), pH, fecal coliform, flow, and ammonia (no limit requirement) . 3. Notification This document is available for the review at the management office of Silver Maples Estates. A public notification form declaring where the report is available and who to contact has been issued to all affected residents. s the responsible entity, do report is accurate and tions. For complete details concerning the compilation of data and information contained in the report, contact the consultant, David B. Pittman, CHMM. The information provided in this report is based upon a thorough review of the ORC (Operator Responsible in Charge) logbook of the facility, NCDENR and EPA documents and databases pertaining to the facility and or/permit violations. AT NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 14, 2010 Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, CA 91101 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2010-LV-0116 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the January 2010 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Limit 001 flow 0.046 MGD 0.40 MGD Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Mr. John Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Lesley or me at 704/663-1699. Sincerely, Marcia Allocco Acting Surface Water Protection Regional Supervisor cc: Point Source Branch Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 NOnT1�1Car011ria Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 // Internet: httyllportal nc.denr.org/web/wq Adura��lf An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper IF AjZA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 8, 2009 Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, CA 91101 Subject: Compliance Evaluation Inspection Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County, N.C. Dear Mr. Boggs: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on August 28, 2009 by Mr. Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The inspection revealed several operation and maintenance concerns at this wastewater treatment system. However, the facility appeared to be adequately treating the wastewater at the time of the inspection and the MRO Staff were informed that the wastewater treatment system will be connected to a municipal collection system once the installation of the sewer line has been completed (currently under construction). Please be advised that the permittee must ensure the facility is properly operated and maintained to comply with all applicable permit limits. If the treatment system fails to comply with these permit limits, then immediate corrective actions will have to be implemented. The failure to properly operate and maintain the wastewater facility can subject the permittee to penalties up to twenty-five thousand dollars ($25,000.00) per violation, per day. The report should be self-explanatory; however, should you have questions concerning this report, please do not hesitate to contact Mrs. Allocco, Mr. Bell, or me at (704) 663-1699. Sincerely, 46Y Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure: Inspection report cc: Chet Deboard, Manager, Silver Maples Community Cabarrus Health Alliance Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-62376748 NorthCarohna Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper Nahilrallif United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO047091 Ill 121 09/08/28 117 181 CI 19I SI 201 1 Remarks 2,1llllllllllllllllllill111111111111111111111111l6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA — - - — --Reserved----------------- 67I 1.5 169 70 14 I 711 NJ 721 NJ 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:55 AM 09/08/28 09/02/01 Silver Maples Community Exit Time/Date Permit Expiration Date 2812 Plantation Rd Concord NC 28027 01:40 PM 09/08/28 13/11/30 Name(s) of Onsite Representative(s)(Titles(s)/Phone and Fax Number(s) Other Facility Data James D Allison/ORC/704-562-7687/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Logan A Boggs,80 S Lake Ave Pasadena CA 91101//626-795-7755/626440037� 0 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell G� �}- � � MRO WQ//704-663-1699 Ext.2192/ q q / p y Si nature of Management CLA Review r . Agency/Office/Phone and Fax Numbers Date Mac a occo MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day 31 NCO047091 (11 121 09/08/28 I17 Inspection Type 18ICI 11 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 IF Permit: NCO047091 Inspection Date: 08/28/2009 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The renewed permit became effective on 2/1/09 and expires on 11/30/13. The Division issued a permit correction on 7/14/09 to address an effluent BOD typographical error (corrected the daily maximum effluent BOD limit to 19.5 mg/1). Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? ■ n n n Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? n n n ■ Page # 3 Permit: NCO047091 Inspection Date: 08/28/2009 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: The records reviewed during the inspection were organized and well maintained. Discharge Monitoring Reports (DMRs) were reviewed for the period July 08 through June 09. A monthly average flow and daily maximum effluent BOD, total suspended solids, and fecal coliform limit violations were reported in March 09. A daily maximum effluent fecal coliform violation was also reported in June 09. No effluent total nitrogen and total phosphorus monitoring was performed for the first and second quarters of 2009. These violations will be separately addressed by the Division through the issuances of either an NOV or NOV/civil penalty assessment. The ORC must ensure all ">" values reported for fecal coliform are properly calculated to determine the monthly average values. In addition, the ORC must ensure the Backup ORC properly documents all required documentation during sampling events. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n n n Are all other parameters(excluding field parameters) performed by a certified lab? ■ n n n # Is the facility using a contract lab? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? n n ■ n Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ ■ o Comment: On -site field analyses (pH, total residual chlorine, temperature) are performed under laboratory certification #5032 (P & A Testing and Training, Inc.). K & W Laboratories (Certification #559) has also been contracted to provide analytical support. The laboratory instrumentation used for the field analyses appeared to be properly calibrated (and documented). Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ n n n Is sample collected below all treatment units? ■ n n n Is proper volume collected? ■ n n n Is the tubing clean? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n n Comment: The subject permit requires effluent composite and grab sampling. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Page # 4 IF Permit: NCO047091 Inspection Date: 08/28/2009 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Comment: The permittee and park management staff are planning to connect the facility to a municipal collection system that is currently under construction. Although several maintenance issues were noted during the inspection, the facility appeared to be adequately treating the wastewater. The permittee and operations staff must ensure that the facility is properly operated and maintained at all times. Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? n ■ n n Comment: The facility uses a coarse bar screen for the removal of larger debris/objects. Grit Removal Yes No NA NE Type of grit removal a.Manual ■ b. Mechanical n Is the grit free of excessive organic matter? ■ n n In Is the grit free of excessive odor? ■ n n n # Is disposal of grit in compliance? ■ n n n Comment: Primary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n In n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ Are weirs level? n ■ n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? n ■ n n Is scum removal adequate? In n ■ n Is the site free of excessive floating sludge? n ■ n n Is the drive unit operational? n n ■ n Page # 5 Permit: NC0047091 Inspection Date: 08/28/2009 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Primary Clarifier Yes No NA NE Is the sludge blanket level acceptable? ❑ ■ ❑ n Is the sludge blanket level acceptable? (Approximately ''%of the sidewall depth) ❑ ■ n ❑ Comment: The clarifier weir was unlevel and solids were observed going over the weirs. Aeration Basins Yes No NA NE At Mode of operation Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: The facility is equipped with six aeration basins operated in series. An air leakage was detected in one of the air distribution pipes for an aeration basin. This air leakage should be repaired as soon as possible. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? n ■ n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? n ■ n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ■ n n n Comment: The clarifier weir was unlevel and the scum removal system was not operating properly due to the shifting of the concrete structure. Page # 6 FF Permit: NC0047091 Inspection Date: 08/28/2009 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n n n Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? 1 Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ n n n (If units are separated) Does the chart recorder match the flow meter? n n ■ n Comment: The cable type flow meter (with strip chart recording) is calibrated on an annual basis. The flow meter was last calibrated on 4/14/09 by Horizon Engineering & Consulting, Inc. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n ■ n n Are the receiving water free of foam other than trace amounts and other debris? n n n ■ If effluent _(diffuser pipes are required) are they operating properly? n n ■ n Page # 7 Permit: NC0047091 Inspection Date: 08/28/2009 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Effluent Pipe Comment: The effluent appeared clear with no floatable solids or foam. The path to the outfall was heavily vegetated. The facility staff must ensure an accessible path to the outfall location is maintained at all times. Aerobic Digester Is the capacity adequate? Is the mixing adequate? Is the site free of excessive foaming in the tank? # Is the odor acceptable? # Is tankage available for properly waste sludge? Comment: The "refilling" of the aerobic digestor from one of the aeration basins has not been resolved. ■ n n n nnn■ ■nnn ■ n n n ■nnn Page # 8 Allocco, Marcia From: Weeden, Jovonah Sent: Tuesday, August 04, 2009 8:12 AM To: Krebs, Rob Cc: Allocco, Marcia Subject: Civil Penalties [Me ` The following civil penalty(ies) have been paid and closed out for your region Yesterday: Case #: LM-2009-0031 Permit#: NC0076066 Closed Date: 08/03/2009 Facility: Long Creek WWTP Check#: 061289 Amount: $1,035.30 Case #: DV-2009-0020 Pennit#: WQCS00190 Closed Date: 08/03/2009 Facility: Oakboro Collection System Check#: 2177 Amount: $1,096.35 Case #: LNI-2009-0033 Permit#: N CO047091 Closed Date: 08/03/2009 Facility: Silver Maples Community Check#: 000593 Amount: $383.64 Case #: LR-2009-0007 Permit#: NC0051918 Closed Date: LR-2009-0007 Facility: Cleveland County WTP Check-#: 43403 Amount: $1,100.0() Case #: LV-2009-0204 Permit#: NC0074012 Closed Date: 08/03/2009 Facility: Forney Creek WWTP Check#: 023064 Amount: $:1,085.30 1 F Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director July 15, 2009 CERTIFIED MAIL 70071490 0004 4510 2381 RETURN RECEIPT REQUESTED Mr. Logan Boggs KBI, LLC 80 South Lake Ave., Suite 719 Pasadena, California 91101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO047091 Silver Maples Community WWTP Cabarrus County Case No. LM-2009-0033 Dear Mr. Boggs: Dee Freeman Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $383.64 ($300.00 civil penalty + $83.64 enforcement costs) against KBI, LLC. This assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for March 2009. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NCO047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that KBI, LLC violated the terms, conditions, or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against KBI, LLC: Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One Phone: (704) 663-16991 Fax: (704) 663-6040 + Customer Service:1-877.623-6748 NorthCarolliin/a l�raf�tLlf Internet: www.ncwaterquality.org N%t 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for BOD. $ 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for TSS. $ 0.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for flow. 0.00 $ 0.00 $ 300. $ 83.64 $ 383.64 For 1 of one (1) failure to monitor for total nitrogen quarterly in violation of the terms of NPDES Permit No. NC47091. For 1 of one (1) failure to monitor for total phosphorus quarterly in violation of the terms of NPDES Permit No. NC47091. TOTAL CIVIL PENALTY Enforcement costs. 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. I (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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 N• 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B-282.1(b) were 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. ki Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) ATTACHMENTS ' ?14 n Its Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments rb/ma Outfall 001 001 001 001 001 001 ATTACHMENT A CASE NO. LM-2009-0033 Date Parameter 3/11/09 BOD 3/11/09 Fecal coliform 3/11/09 TSS 3/31/09 Flow 3/31/09 Total nitrogen 3/31/09 Total phosphorus * Denotes civil penalty assessment ReDorted Value 31.0 mg/L* >600/100 mL* 63 mg/L* 0.046 MGD None None Permit Limit 19.5 mg/L (Daily maximum) 400/100 mL (Daily maximum) 45.0 mg/L (Daily maximum) 0.040 MGD (Monthly average) Monitor 1 x/Quarter Monitor 1 x/Quarter I STATE OF NORTH CAROLINA COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST KBI, LLC PERMIT NO. NCO047091 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LM-2009-0033 Having been assessed civil penalties totaling $383.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 15, 2009, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2009-0033 Assessed Party: KBI, LLC County: Cabarrus Permit Number: NC0047091 Amount Assessed: $383.64 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 applies. 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 pplied 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 preventpayment 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: KBI. LLC Facility: Silver Maples Community WWTP County: Cabarrus Case Number: LM-2009-0033 Permit Number: NCO047091 ASSESSMENT FACTORS 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; The BOD concentration of 31 mg/L on March 11, 2009, exceeded the daily maximum permit limit of 19.5 mg/L. The fecal coliform concentrations of > 600 CFU/100 mL on March 11, 2009, exceeded the daily maximum permit limit of 400 CFU/100 mL. The TSS concentration of 63 mg/L on March 11, 2009, exceeded the daily maximum permit limit of 45.0 mg/L. The monthly average flow of 0.046 MGD exceeded the permit limit of 0.040 MGD. The NCO047091 permit requires that total nitrogen and total phosphorus be monitored once per quarter and there was no monitoring of either parameter during the first quarter of 2009 ending March 31, 2009. 2) The duration and gravity of the violation; The BOD daily maximum permit limit was exceeded by 59% and the fecal coliform daily maximum concentration was exceeded by a minimum of 50%. The TSS daily maximum concentration was exceeded by 40% and the monthly average flow limit was exceeded by 13.8%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as neither BOD, fecal coliform, nor TSS are measured in -stream. BOD is treated as an in -stream toxicant by the State of North Carolina. BOD is an oxygen -consuming waste and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. Fecal coliform is an indicator species for possible pathogens and increased levels can signal human health hazards. Increased suspended solids (turbidity) increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally but the permittee notes that the Back-up Operator was in charge of the plant during the violations and that their O&M caused the violations. The ORC noted in a phone conversation on July 14, 2009, that the permittee has not forwarded a copy of the new permit which resulted in the monitoring violations for total nitrogen and total phosphorus. 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 There has been eleven other Civil Penalty Assessments (CPAs) against for Silver Maples Community WWTP during the life of the permit with no CPAs issued in the past twelve months. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $83.64. Date RO Supervisor Division of Water Quality Report Dale: 07/14/09 Page: 3 of 19 MONITORING REPORT(MR) VIOLATIONS for: ° MRs Between: 3-2009 and 3-2009 Region: Mooresville Permit: /o Facility Name: %° Param Name: % County: %° Violation Category: Limit Violation Program Category: NPDES VWV Subbasin: % Violation Action: % Major Minor: PERMIT: NCO035033 FACILITY: Carolina Water Service Inc Of NC - Cabarrus Woods COUNTY: Cabarrus REGION: Mooresville WWTP Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF DATE FREQUENCY MEASURE REPORT PPI LOCATION PARAMETER 03 -2009 001 Effluent Chlorine, Total Residual 03/31/09 3 X week ug/I CALCULATED LIMIT VALUE 18 32 VIOLATION TYPE VIOLATION ACTION Daily Maximum Exceeded No Action, BPJ PERMIT: NCO047091 FACILITY: K B I LLC Kurlander Boggs Investments LLC - Silver Maples Community COUNTY: Cabarrus REGION: Mooresville ��`� � � � In ►� !�'-t't�Y'Il'� Limit Violation `� MONITORING OUTFALL REPORT PPI 03 -2009 001 LOCATION Effluent PARAMETER BOD, 5-Day (20 Deg. C) VIOLATION DATE 03/11/09 FREQUENCY Weekly UNIT OF MEASURE LIMIT mg/I 19.5 CALCULATED U VALUE L VIOLATION TYPE 31 5Daily Maximum Exceeded VIOLATION ACTION None 03 -2009 001 03 -2009 001 Effluent Effluent Coliform, Fecal MF, M-FC Broth,44.5C Flow, in conduit or thru treatment plant 03/11/09 03/31/09 Weekly Continuous #/100ml 400 mgd 0.04 6007150 Daily Maximum Exceeded 0.046 �? r"`� Monthly Average Exceeded None ctj j - None —' 03 -2009 001 Effluent Solids, Total Suspended 03/11/09 Weekly mg/I 45 63 4G Dail Maximum Exceeded None * t y T f 10 f * PERMIT: NCO051632 FACILITY: Carolina Water Service Inc Of NC - Huntwick WWTP COUNTY: Cabarrus REGION: Mooresville Limit Violation MONITORING OUTFALL / VIOLATION DATE FREQUENCY UNIT OF MEASURE CALCULATED LIMIT VALUE VIOLATION TYPE VIOLATION ACTION REPORT PPI LOCATION PARAMETER 03 -2009 001 Effluent Chlorine, Total Residual 03/11/09 2 X week ug/I 28 40 Daily Maximum Exceeded No Action, BPJ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 22, 2008 KBI, LLC 80 South Lake, Suite 719 Pasadena, CA 91101 Subject: Draft NPDES Permit NCO047091 Silver Maples Community WWTP Cabarrus County Dear Mr. Boggs: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The following procedure has been recently implemented by DWQ: ➢ Total residual chlorine (TRC) compliance level changed to 50ug/L. Effective March 1, 2008, the Division received EPA approval to allow 50 ug/L TRC compliance level. This change is due to analytical difficulties with TRC measurements. Facilities will be still be required to report actual results on their monthly discharge monitoring report (DMR) submittals, but for compliance purposes, all TRC values below 50 ug/L will be treated as zero. A footnote regarding this change has been added to the effluent limitations page(s) in the draft permit. The draft permit contains the following changes from your current permit: Monitoring Additions ➢ Total Phosphorus ➢ Total Nitrogen Reporting requirements ➢ Addition of A (2) Connection notification and permit rescission. Concurrent with this transmittal, the Division will solicit public comment on this draft as required by the EPA by publishing a notice in newspapers having circulation in the general Cabarrus County area. Should you wish to correct errors or provide comments regarding this draft please contact the DENR / DWQ / NPDES Program no later than 30 days after receiving this document. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final NPDES permit. If you have questions concerning the draft permit for your facility, please contact me by e-mail (bob.guerra@ncmail.net) or at (919) 807-6387. Respectfully, �y Bob Guerra NPDES Unit, Western Program Enclosure: NPDES Permit NCO047091 (DRAFT) cc: Surface Water Protection NPDES Unit Silver Maples Mobile Estates 2812 Plantation Road Concord, NC 28027 Mailing Address Phone (919) 807-6300 1617 Mail Service Center Fax (919) 807-6492 Raleigh, NC 27699-1617 RECEIVEL4 OCT 2 3 2008 �'✓ IJ L 1 '1 DWQ-Surface Water Prates"yam Location One NorthCarolina Raleigh, N. Salisbury 11vatur ilk Raleigh, NC 27604 Internet: www.ncwaterQuality.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/100/o Post Consumer Paper IrrPermit NCO047091 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PFRMTT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143- 215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, KBI, LLC is hereby authorized to discharge wastewater from a facility located at the Silver Maples` Community WWTP 2812 Plantation Road Concord Cabarrus County to receiving waters designated as the Rocky River in the Yadkin -Pee Dee River Basin, in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, Il, III and IV hereof. This permit shall become effective xxx, 08. This permit and authorization to discharge shall expire at midnight on xxx, 2013. Signed this day xxxx, 08. DRAFT Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission IrrPermit NCO047091 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. KBI, LLC is hereby authorized to: 1. Continue to operate an existing 0.040 MGD wastewater treatment facility that includes the following components: ➢ Bar screen ➢ Grit / storage tank ➢ Primary clarifier ➢ Aeration/Reaeration ➢ Final clarification ➢ Aerated sludge holding tank ➢ Chlorination ➢ Dechlorination ➢ Effluent flow measurement 2. This facility is operating at 2812 Plantation Road, located at the Silver Maples Mobile Estates in Cabarrus County Permit NCO047091 (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 0.040 MGD Continuous Recording Influent or Effluent BOD, 5-day, 20°C 13.0 m L 9.5 m L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 2 Month Com osite Effluent Fecal Coliform eometric mean 200/ 100 ml 400/ 100 ml Weekly Grab Effluent pH1 Weekly Grab Effluent Temperature Weekly Grab Effluent Total Residual Chlorine2 28.0 µg/L 2/Week Grab Effluent Total Phosphorus TP Quarterly Grab Effluent Total Nitrogen TN Quarterly Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 2. The Division shall consider all effluent TRC values reported below 50 ug/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/l. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) Connection notification and rescission request. Facility is required to notify Mooresville Regional Office and the NPDES Unit in Raleigh when the following events occur: 1. Silver Maples Mobile Estates is connected to the City Water and Sewer lines. 2. Silver Maples Mobile Home Park is no longer discharging treated wastewater to the Rocky River. .7091 be rescinded. i PITCO 260 Hemingway Lane Fort Mill, SC 29708 803.548.5909/704.562.7687 Silver Maples Estates NCO047091 Cabarrus Co. On August 27,2008 the wastewater treatment was completely submersed under water from the Rocky River. This occurred after the area received 8-10 inches of rain in a 24 hour period. This was an act of nature completely out of anyones control. The facility will be cleaned up and reseeded if necessary. Please call me if you have any questions. I notified Mr. Leslie of the situation August 27, 2008. Sincerely, James U. Allison ORC cc: Mr. Chet DeBoard �liwt�E,fVED AUG 2 9 2008 M-Surf o : Wdibr Protection Michael F. Easley, Governor William G. Ross Jr_, Secretary North Carolina Department of Environment and Natural Resources J r Coleen H. Sullins, Director Division of Water Quality January 3, 2008 LOGAN BOGGS SILVER MAPLE MOBILE ESTATES 2912 PLANTATION RD CONCORD NC 28027 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Silver Maples Community Permit Number: NCO047091 Case Number: LV-2007-0484 Cabarrus County Dear Mr. Boggs: J",N — 7 2enQ NC DENR MRO DWQ-surface Water Protection This letter is to acknowledge receipt of check number 000058 in the amount of $283.89 received from you dated December 28, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Dina Sprinkle cc: Enforcement File #: LV-2007-0484 DWQ Mooresville Regional Office Supervisor Central Files NorthCarolina Naturally 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 KBI, LLC DBA SILVER MAPLES COMMUNITY 2812 PLANTATION ROAD CONCORD, NC 28027 704/786-5577 BANK OF AMERICA 880 E. COLORADO BLVD. PASADENA, CA 91101 24-7038 3230 Date Check No. Check Amount 12/28/2007 000058 $283.89 Two Hundred Eighty Three AND 89/100 Dollars Pay to the order of: VOID IF NOT CASHED WITHIN 90 DAYS WITHIN DATE OF ISSUE POINT SOURCE COMPLIANCE/ENFORCEMEN' DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 OF wH�F9 � r O � December 13, 2007 CERTIFIED MAIL 7006 2760 00018497 4731 RETURN RECEIPT REQUESTED Mr. Logan A Boggs Silver Maples Community 2812 Plantation Road Harrisburg, North Carolina 28027 Dear Mr. Boggs: Michael F. Easley, Governor ` William G. Ross Jr., Secretary/ North Carolina Department of Environment and Natural Resour � Coteen Sullins. Direct 44 Division of Water Quality SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215. 1 (a)(6) and NPDES Permit No. NCO047091 Silver Maples Community WWTP Cabarrus County Case No. LV-2007-0484 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $283.89 ($200.00 civil penalty + $83.89 enforcement costs) against Silver Maples Community. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for March 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NCO047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Silver Maples Community violated the terms, conditions, or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Silver Maples Community: 11 $ 100.00 For _1_ of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for BOD. $ 100.00 For _1_ of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 0 For _1_ of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. $ 200.00 $ 83.89 $ 283.89 TOTAL CIVIL PENALTY Enforcement costs. 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Environment and Natural Resources (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 - Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina. 27699-1617 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282. 1 (b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 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 am. 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: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities then you may wish to consider applyin for or a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Qualityection staff of the Mooresville Regional Office at 704/663-1699. 12LI3 jZo6q (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments rb/ma 7� ATTACHMENT A CASE NO. LV-2007-0484 Outfall Date Parameter Reported Value 001 3/8/07 *BOD 43 mg/I 001 3/8/07 *Fecal Coliform >600/100 ml 001 3/2007 BOD 15.5 mg/I * Denotes civil penalty assessment Permit Limit 19.5 mg/l (daily max.) 400/100 ml (daily max.) 13.0 mg/I (monthly avg.) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND SILVER MAPLES COMMUNITY ) STIPULATION OF FACTS PERMIT NO. NC0047091 ) FILE NO. LV-2007-0484 Having been assessed civil penalties totaling $ 283.89 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 13, 2007, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2007 ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0484 Assessed Party: Silver Maples Community County: Cabarrus Permit Number: NC0047091 Amount Assessed: $283.89 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRig-ht to an Administrative Hearing, and Stipulation ofFacts " 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 applies. 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. 14313-282.1(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 penaltywill 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Silver Maples Community Facility: Silver Maples Community WWTP County: Cabamis Case Number: LV-2007-0484 Permit Number: NCO047091 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public 2) 3) 4) 5) 6) health, or to private property resulting from the violation; Permit limit violations for BOD would be predicted to lower the dissolved oxygen content of the receiving stream. Fecal coliform limit violations could indicate a threat to human health. The duration and gravity of the violation; The violations occurred during the month of March 2007. BOD and fecal coliform exceeded the daily maximum limit on March 8, 2007. The facility was also in violation of the BOD monthly average limit. The effect on ground or surface water quantity or quality or on air quality; No adverse impacts are expected on ground water or air quality. Surface water quality would likely be impacted by the violations. BOD limit violations could cause lower dissolved oxygen concentrations in the receiving stream resulting in stress to aquatic life. Fecal coliform limit violations would adversely impact best usage of the receiving stream. The cost of rectifying the damage; The cost is unknown. The amount of money saved by noncompliance; A specific monetary amount saved by the noncompliance is unknown. Whether the violation was committed willfully or intentionally; The violations do not appear to be willful or intentional. 7) 8) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and Case Number Description LV-2006-0060 Monthly average flow limit violation: assessed $328.95 Case closed 3/23/2006 LV-2005-0389 BOD daily max limit, flow monthly avg. limit, TRC daily max limit: assessed $885.04 Case closed 8/7/2007 LV-2005-0280 I BOD daily max and monthly avg. limits: assessed $435.04 Case closed 9/19/2005 The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.89. IZ 113 Aeoq Date RO Supervisor Division of Water Quality �\,Au_� Report Date: 12106/07 Page: 1 of 10 MONITORING REPORT(MR) VIOLATIONS for: Violation Category: Limit Violation Program Category: NPDES WW 3-2007 Region: Mooresville Subbasin: Violation Action: % MRs Between: 3 2007 and Permit: % County: % Param Name: % Facility Name: % Major Minor: % REGION: Mooresville PERMIT: NC0035033 FACILITY: Cara Water Service Inc Of NC -Cabarrus Woods COUNTY: Cabarrus Limit Violation UNIT OF CALCULATED VIOLATION TYPE VIOLATION ACTION VIOLATION MEASURE LIMIT VALUE MONITORING OUTFACE / DATE FREQUENCY Daily Maximum Exceeded None REPORT PPI LOCATION PARAMETER mg/I 33 36 20 Deg. C) 03/05/07 3 X week 03 -2007 001 Effluent BOD, 5-Day ( #/100m1 400 780 Daily Maximum Exceeded None 03 -2007 001 Effluent Coliform, Fecal MF, M-FC 03/29/07 3 X week Broth,44.5C PERMIT: NC0047091 FACILITY: Silver Maple Mobile Estates - Silver Maples Community COUNTY: Cabarrus REGION: Mooresville Limit Violation UNIT OF CALCULATED VIOLATION TYPE VIOLATION ACTION MEASURE LIMIT VIOLATION VALUE DATE FREQUENCY !�v MONITORING OUTPPILL / LOCATION PARAMETER 19 5 43 Daily Maximum Exceeded None I � REPORT mg/I t) 20 Deg. C) 03/08/07 Weekly 03 -2007 001 Effluent BOD, 5 Day ( 03/31107 Weekly mg/113 15.5 1C1'T'Crtlonthly Average Exceeded None � a b Effluent #/100m1 400 BOD, 5-Day (20 Deg. C) 600 �✓ 03 -2007 001 A b Daily Maximum Exceeded None Effluent Coliform, Fecal MF, M-FC 03/08/07 Weekly 03 -2007 001 Broth,44.5C COUNTY: Catawba REGION: Mooresville PERMIT: NCO036196 FACILITY: City of Newton, Clark Creek WWTP Limit Violation UNIT OF CALCULATED VIOLATION TYPE VIOLATION ACTION VIOLATION MEASURE LIMIT VALUE MONITORING OUTFACE 1 DATE FREQUENCY 22 23 Daily Maximum Exceeded one REPORT PPI LOCATION PARAMETER ug/I 03/06/07 Weekly 03 -2007 001 Effluent Cyanide, Total (as Cn) 03110/07 Weekly ug/l 8.9 18.33 Weekly Average Exceeded None 03 -2007 001 Effluent Cyanide, Total (as Cn) 03/17/07 Weekly ug/l 8.9 917 Weekly Average Exceeded None 03 -2007 001 Effluent Cyanide, Total (as Cn) EFFLUENT 2007 , fv'1.��v r (DTMS APR 2 6 2007 NPDES PERMIT NO. NC 00 4 Qum_ DISCHARGE NO. QQ 1 MONTHM402H YEAR&O FACILITY NAME A I (.VEIL MAPas mo 1u r- E5or es CLASS -COUNTY CABARRZ CERTIFIED LABORATORY (1) K W-LAB CERTIFICATION NO.`55 3 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC)_c. hmesD, Ai 05ow GRADE TY CERTIFICATION NO. RC 11461 PERSON(S) COLLECrM SAMPLES 5 'n. Ai U 50P ORC PHONE r10 4- 562-1667 CHECK BOX IF ORC HAS CHANGED 0 11-\ NO FLOW / DISCHARGE FROM SITE • C� Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FII.ES DIN'LSION OF HATER QUALITY. 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 i BY Tl$S f NATURE, I CERTIFY THAT THIS REPORT IS ACCLRA AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 4- I� � I•• r.i II r. I iI r � II Ii I.II I.. ____ •.. :• • •mcm 0s� loss • ®®m����i���w�ww�wwwww m�r�a��r�r��w■�■�ww�w®wwi m��r■����®■��ww�wwwww m��������w�ww�w�■www mn�®ram®��r�°��sw®�■��wwwww m�®������w�ww�■w®www� m®�©®��■■��o�ww�www�■w m��©����ww�ww�wwwww mr��©����ow®_w�ww■�w■� m�������■�w�ww�www■�■w ,ai■���s���w®ww�owwww m®�a���®®w�■�ww�wwwww m������®ww®mw�www■�w m��m,�■■���ww�w■��www�■w m�®©����ww�ww��■wwww DW Q I= MR -1 t11A4) Facility Status: (Please dheck crie'of the 5 Mow irg) A Ilm onimring data and sazpliv baguar_iesm eetpem itraguirsn ents Girrc]zdrrg w e*.)y averages, if appli--h A 31m avtc)=V data wid ssn plug fmqueiaies do N 0 T m eetpenn it nequia n ents i`!)'! F7, C an p1bnt Fp7,/ N cnoan plirrt The perm itise Jmn xEport tD the D sector or the app=pziate R eTbna1 O Mce any ncno= pbxxDe ti-atpotsrriaIly dumatEmpublic health orthe et =rm art Any i&rn athn s'zMpeprovided ozaWw idiin 24 hours fain tine tin a tine pezm itiee bean a as ane of the ciin.IIn stazx:es. A w ==m s itm n3icn be p=lvjded w ithh 5 days of the tine the perm =Be beam es as axe of the cb= stances. if the facUty is nono= pli nt:, pkese a ttach a Lis- of come tive actsrisbeing taken and a tin a -table for im proven ents to be m ade as re;ui ed by P art 11 z .6 of the N PD E S perm it. 'I omt&Y, ur4erpaia3y of law , brat this dooran entand allatadin arts w az? px=amd under m y daectbn.or s4xn i :h rdanoe w ith a systan dent 3 to ass ma dztgjahfi d pas xu-elpmperV gatherand evalrate the inb3 m at nn s.rtm itm3. B aged on my hquiY of the perm orpe3ns w ho m anaged the systsn , or ftse pers7ns daz ztly zraqponmble fDrgadx =hg the inform at bn, the i &= adcn szan !=B3 is, to the bestofm y)ar l dge arri bebe4 true, acamate, axi c= per. Ian as axe thatthem axe si;r rtpazbes fDrsibn i=iv false i -&zm aticm, i w xlirg the pos�bzlvy of fig art m pn�ran eltforknow iV vb3a6xz.• C�l LIIf� till �+Pl,� 1�D1411.� � S(A-r�S Penn itwe (Pba eprintor type) igna of Pam kBe* * * D am tiles srtzn itted ) 2NZ PLANTAric,0 90. GOW40 D, WG 29021 7Qq-7£46— 551'7 1 I �30ID8 PerofmeeA4 PhanNmber emailadi:ass Pen tDpiz�Da1z ADDII'IDNAL CERTIFIED LABORATORIES C e PARAM ETER CODES CN o. extifirat:ion N • extifloation N • Pamm eterC ode as6stmroe m ay be abtzd-Ad by aMirg the N PD ES U nitat (919) 733-5083 orby visiting the SU:bM w ater PrDtB- i S eczboai's w eb sine ath20 .ajrst g nc usW os and a king to the ur&s hb m atiur pages. U se orrl,, units ofm eas — entdes�ia it the zrpozz V b=13V'sN PD ES pen: itfDrxepottJrV data. ' N o F bw A is3iaxge. F xm S i s: Check this box if no di3j=;?e odors arid, as a —'? - dwme am no data to be srtssl Snrallof the param et$s on the DM R ibrthe eztim m onimxi v pe bd. '* ORC OnSifE?: ORCmtutvisdt aid docvmenhigintcimofis a9xegaiwdper15ANCAC BG D204. * **S #%at"e of P exa itee: If si@� by other than the pem ittee, Nxi the de)agatrn of the signat my authoz±y m ustbe an ft']ewiththe stateperl5A NCAC 2B D506[b)(2)0). Page 2 PITCO 260 Hemingway Ln. Fort Mill, SC 29708 Facility noncompliant for monthly BOD and daily fecal coliform. Backup operator was sampling this week and experienced some problems with the blowers at the facility. All problems have been resolved and plant is back to normal operations. Thank You, Jimmy Allison ORC Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 18, 2008 LOGAN BOGGS SILVER MAPLE MOBILE ESTATES 2912 PLANTATION RD CONCORD NC 28027 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Silver Maples Community Permit Number: NCO047091 Case Number: LV-2007-0497 Cabarrus County Dear Mr. Boggs: Coleen H. Sullins, Director Division of Water Quality RECEIVED J, N 2 2008 NC DEAR MRO DWO-S�;rfacoWder Protection This letter is to acknowledge receipt of check number 000075 in the amount of $183.89 received from you dated January 11, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Dina Sprinkle cc: Enforcement File #: LV-2007-0497 e Regional Office Supervisor entral Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 i 4o Carolina Atura!!y =nt Name Acct No Invoice' Date Reference Amount Discount Net 9 SILVER MAPLES M 4420-000 121907S 12/19/2007 CASE #LV-2007-0497 183.89 0.00 183.89 JAN 1 5 2008 I Payor: KBI, LLC Date Check No. Check Amount �_.. onir.ir entiDrG rnnnat ievcFfFIJ nRCFMFNT 1/11/2008 000075 $183.89 Retain this statement for your records 2812 PLANTATION ROAD CONCORD, NC 28027 7041786-5577 880 E. COLORADO BLVU. PASADENA, CA 91101 Date Check No. 1 /11 /2008 000075 One Hundred Eighty Three AND 89/100 Dollars 24-7038 3230 Check Amount $183.89 Pay to the order of: VOID IF NOT CASHED WITHIN 90 DAYS WITHIN DATE OF ISSUE POINT SOURCE COMPLIANCE/ENFORCEMEN' DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 Michael F. Easley_ Governor j I ' William G. Ross Jr., Secretary'A North Carolina Department of Environment and Natural Resources 4 Coleen Sullins. Director Division of Water Quality December 19, 2007 CERTIFIED MAIL 7006 2760 00018497 4908 RETURN RECEIPT REQUESTED Mr. Logan A. Boggs Silver Maples Community 2812 Plantation Road Concord, North Carolina 28087 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215. 1 (a)(6) and NPDES Permit No. NCO047091 Silver Maples Community WWTP Cabarrus County Case No. LV-2007-0497 Dear Mr. Boggs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $183.89 ($100.00 civil penalty + $83.89 enforcement costs) against Silver Maples Community. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for April 2007. This review has shown the subject facility. to be in violation of the discharge limitations found in NPDES Permit No. NC0047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Silver Maples Community violated the terms, conditions, or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Silver Maples Community: 49;)� —NMEN"R N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 $ 100.00 For _1_ of the one (1) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. $ 0 For _1_ of the one (1) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. $ 100.00 $ 83.89 $ 183.89 TOTAL CIVIL PENALTY Enforcement costs. 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. 14313- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282. 1 (b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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. '14 In order to request remission, you must complete and submit the enclosed "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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 the violations are of a continuing nature, not related to gyration and/or maintenance problems and you anticipate remedial construction activities, then you may wish to consider applyin for ,_ a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. L k i (Date) ATTACHMENTS Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments jl ATTACHMENT A CASE NO. LV-2007-0497 Outfall Date Parameter Reported Value 001 4/17/2007 *fecal coliform >600/100 ml 001 4/17/2007 BOD 22 mg/1 * Denotes civil penalty assessment Permit Limit 400/100 ml (daily max.) 19.5 mg/l (daily max.) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANI) NATURAL RESOURCES COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND SILVER MAPLES COMMUNITY ) STIPULATION OF FACTS PERMIT NO. NC0047091 ) FILE NO. LV-2007-0497 Having been assessed civil penalties totaling $ 183.89 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 19, 2007, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2007 BY ADDRESS TELEPHONE '14 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0497 Assessed Party: Logan Boggs - Silver Maples Community County: Cabarrus Permit Number: NC0047091 Amount Assessed: $183.89 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 o 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 applies. 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 Nnalties 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Logan Boggs - Silver Maples Community Facility: Silver Maples Community WWTP County: Cabarrus Case Number: LV-2007-0497 Permit Number: NCO047091 ASSESSMENT FACTORS 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; No harm has been documented; however, BOD in excess of permit limits could lead to lower dissolved oxygen levels in the receiving stream. Fecal coliform limit violations would indicate a potential threat to human health. 2) The duration and gravity of the violation; The violations occurred on April 17, 2007. No other violations were reported in April 2007. 3) The effect on ground or surface water quantity or quality or on air quality; No effect on ground water or air quality are anticipated. BOD and fecal coliform limit violations would indicate that the best usage of the stream had been impacted by lower dissolved oxygen levels (stress on aquatic life) and a threat to human health. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No specific monetary savings would be expected. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. 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 Case Number Descri tion LV-2007-0483 312007 BOD and Fecal Coliform $283.89 case open 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.89. Date RO Supervisor Division of Water Quality .R E UENT 2007 NPDES PERMIT NO.NC 00 4 � oq DISCHARGE NO. 00 I MONTH WIL YEAR 21:07 FACILITY NAME5 ) L-VER MAPLES CLASS_ COUNTY (2MRR V ' CERTIFIED LABORATORY (I)_ K-1W LA CERTIFICATION NO._ 55 1 1is; additional laboratories on the backsiddpage 2 of this form) 0?ERATOR IN RESPONSIBLE CHARGE (ORC) I GE CERTII 1CAT10N N0. RC G� PERSON(S) COLLEC Uifi SAMPLES SR �f S 1�, (i 501 ORC E r10'�''S62'l 687 CHECK BOX IF ORC HAS CHANGED C� �I�:a NOFL [�DLSCHARGE FROS4 SITE MLI ORIGINAL and ONE COPY to: AM,': CESTRAL FILES DIN LSION OF WATER QUALITY. 1611 MAIL SERVICE CENTER RALEIGH, NC 27699.1617 BY GNA RE, 1 CERTIFY THAT THls REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. z 11 1 111 1 11 11 il,l 11 � 11. 1 11 1 � 11 11 11.11 11.. ___ f--V - z '01- V4q -7 D',q Q F= M R -1 CLl Ad ) PITCO 260 Hemingway Ln. Fort Mill, SC 29715 803.548.5909/704.562.7687 Facility non-comp;iant for daily BOD and Fecal on 5/17/07. There were no problems on that day. All parameters were good the remaining days of the month. James D. Allison 1 i ORC Report Date: 12/10/07 Page: 1 of 11 MONITORING REPORT(MR) Permit: % Facility Name: % VIOLATIONS for: MRs Between: 4-2007 and 4-2007 Region: Mooresville Param Name: % County: % Violation Category: Limit Violation Program Category: NPDES WW Subbasin: % Violation Action: % Major Minor: % FACILITY: Silver Maple Mobile Estates - Silver Maples Community COUNTY: Cabarrus REGION: Mooresville PERMIT: NCO047091 LEI ZOO I u 4C71 Limit Violation MONITORING OUTFALL / VIOLATION REPORT PPI LOCATION PARAMETER DATE FREQUENCY 04 -2007 001 Effluent BOD, 5-Day (20 Deg. C) 04/17/07 Weekl Y 04 -2007 001 Effluent Chlorine, Total Residual 04/01/07 2 X week UNIT OF MEASURE mg/I ug/l CALVA UEED p] VIOLATION TYPE LIMIT s1 q? 1%j 19.5 22 (G Daily Maximum Exceeded 28 14,000 Daily Maximum Exceeded VIOLATION ACTION / None I P No Action, RIMS Calculation Error 04 -2007 001 Effluent Chlorine, Total Residual 04/09/07 2 X week ug/1 28 19,000 Daily Maximum Exceeded No Action, RIMS Calculation Error 04 -2007 001 Effluent Chlorine, Total Residual 04/24/07 2 X week ug/I 28 15,000 0 Daily Maximum Exceeded No Action, RIMS Calculation Error 04 -2007 001 Effluent Coliform, Fecal MF, M-FC 04/17/07 Weekly Broth,44.5C #/100ml 400 600 Daily Maximum Exceeded None L L1 PERMIT: NCO064734 FACILITY: Bradfield Farms Water Company - Bradfield Farms WWTP COUNTY: Cabarrus REGION: Mooresville Limit Violation MONITORING OUTFACE! VIOLATION REPORT PPI LOCATION PARAMETER DATE FREQUENCY 04 -2007 001 Effluent BOD, 5-Day (20 Deg. C) 04/04/07 Weekly UNIT OF MEASURE mg/I CALCULATED LIMIT VALUE 13.5 20 VIOLATION TYPE Daily Maximum Exceeded VIOLATION ACTION None FACILITY: City of Conover - Northeast WWTP COUNTY: Catawba REGION: Mooresville PERMIT: NC0024252 Limit Violation MONITORING OUTFACE / VIOLATION REPORT PPI LOCATION PARAMETER DATE FREQUENCY 04 -2007 001 Effluent Ni rogen, Ammonia Total (as 04/30/07 3 X week UNIT OF MEASURE mg/I CALCULATED LIMIT VALUE 2 2.02 VIOLATION TYPE Monthly Average Exceeded VIOLATION ACTION None Q�0 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Coleen H. Sullins, Director April 2, 2008 t % Chet Deboard .,.EIVED Silver Maple Mobile Estates 2812 Plantation Rd Concord, NC 28027 Subject: Renewal Notice NPDES Permit NCO0447091NC DENR MRO Silveraples Co Cabarrus Cou ty l .;urfn, ,�t lYater Protection Dear Permittee: Your NPDES permit expires on November 30, 2008. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105 (e)) regulations state that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. Your renewal package must be sent to the Division postmarked no later than June 3, 2008. Failure to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after November 30, 2008, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NofthCarolina Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaver0ncmai1.net Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NPDES PERMIT NC0047091 SILVER MAPLES COMMUNITY CABARRUS COUNTY The following items are REQUIRED for all renewal packages: o A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. o The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. o If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit). o A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) Send the completed renewal package to: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 PERFORMANCE ANNUAL REPORT Fiscal Year (July 1, 2008- June 30, 2009) Silver Maples Estates NC This report generated in compliance with NCDENR requirements. David B. Pittman, CHMM 702 Moss Creek Drive Cayce, South Carolina 29033 803-325-5066 1. General Information Facility/System Name: Silver Maples Estates Responsible Entity: Johnathan Boggs Person in Charge/Contact: Chester/Clara DeBoard Applicable Permit(s): NC 0047091 Description of Collection System or Treatment Process: (1) Bar screen (2) Grit chamber (3) Primary clarification (4) Aeration (5) Re -aeration (6) Final clarification (7) Chlorine contact chamber with tablet chlorination (8) Effluent flow measurement (9) Aeration sludge holding tank (aerobic digester) 2. Performance Overall performance: The facility has met its NPDES permitted water quality parameters of BOD(5), pH, fecal coliform, flow, and ammonia (no limit requirement) except for the following: NOV-LM-2009-0033 3111109 BOD(mg/l) : Reported 31, Permit 45 TSS(mg/l): Reported 63, Permit 45 Fecal coliform (#coloniesll00ml): Reported 600, Permit 400 Flow(MGD) : Reported, 0.113, Permit 0.040 3. Notification This document is available for the review at the management office of Silver Maples Estates. A public notification form declaring where the report is available and who to contact has been issued to all affected residents. ion as the responsible entity, do his report is accurate and complete in compliance with NCDENR regulations. For complete details concerning the compilation of data and information contained in the report, contact the consultant, David B. Pittman, CHMM. The information provided in this report is based upon a thorough review of the ORC (Operator Responsible in Charge) logbook of the facility, NCDENR and EPA documents and databases pertaining to the facility and or/permit violations. PV J U L 3120078 [�7 DEK, - wATER QUALITY f------ PUNT SOURr:'E PERFORMANCE ANNUAL REPORT Fiscal Year (July 1, 2007- June 30, 2008) Silver Maples Estate This report generated in compliance with NCDENR requirements. David B. Pittman, CHMM 702 Moss Creek Drive Cayce, South Carolina 29033 803-325-5066 REC�fvED AUG - 1 111 NC DINR MRO DWG -Surface Water Protection FIV 1. General Information Facility/System Name: Silver Maples Estates Responsible Entity: Johnathan Boggs J U L 3 1 2008 1 Person in Charge/Contact: Chester/Clara DeBoard POINTFNP SOURCE BPA14CH Applicable Permit(s): NC 0047091 Description of Collection System or Treatment Process: (1) Bar screen (2) Grit chamber (3) Primary clarification (4) Aeration (5) Re -aeration (6) Final clarification (7) Chlorine contact chamber with tablet chlorination (8) Effluent flow measurement (9) Aeration sludge holding tank (aerobic digester) Z Performance Overall performance: The facility has met its NPDES permitted water quality parameters of BOD(S), pH, fecal coliform, flow, and ammonia (no limit requirement) except for the following: Notices of Violation or Informal Enforcement - AFS, PCS, ICIS- NPDES, RCRAInfo (05 year history) Statute Source ID Type of Action Lead Agency Dabs T ;CWA INC0047091 LTR OF VIOLATION/WARNING LT 1 State 110/26/2007 CWA NCO047091 ILTR OF VIOLATIONANARNING LT 1 1 State 05/22/2008 Formal Enforcement Actions - (05 year history) AFS, PCs, RCRAIefo, NCDR Statute Source ID Type of Action Lead Agency Dabs Penalty Penally Deacrlption CWA NC0047091 CWA PFNAI TY AO PA State 112/13/2007 R284 CWA NCO047091 CWA PENALTY AO PA State 12/19/2007 $184 In some cases, formal enforcement actions may be entered both at the initiation and final stages of the action. These may appear more than once above. Entries in italics are not "Formal" actions under the PCS definitions but are either the initiation of an action or penalties assessed as a result of a previous action. This section includes US EPA and State formal enforcement actions under CAA, CWA and RCRA. 3. Notification This document is available for the review at the management office of Silver Maples Estates. A public notification form declaring where the report is available and who to contact has been issued to all affected residents. 4. Certification I, , as the responsible entity, do ascertain to t e est of my kn ledge that this report is accurate and complete in compliance wit CDENR regulations. For complete details concerning the compilation of data and information contained in the report, contact the consultant, David B. Pittman, CHMM. The information provided in this report is based upon a thorough review of the ORC (Operator Responsible in Charge) logbook of the facility, NCDENR and EPA documents and databases pertaining to the facility and or/permit violations. �OG fr. ' "C William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 22, 2008 CERTIFIED MAIL #70071490 0004 4509 5157 RETURN RECEIPT REQUESTED Mr. Logan Boggs Silver Maple Community 2812 Plantation Road Harrisburg, North Carolina 28027 Subject: Notice of Violation - Effluent Limitation Tracking #: NOV-2008-LV-0233 Silver Maple Mobile Estates WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the February 2008 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 2/12/08 BOD 25 mg/L 19.5 mg/L (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. Since the comments section on the reverse of the relevant Discharge Monitoring Report provided an explanation for the noted effluent limit violation, it is not requested that a response be submitted; however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Ms. Marcia Allocco. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. Q�A RCU NR No ` Carolina Nturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: wvrtiv.ncwateryualiry.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Mr. Logan Boggs, Silver Maples NOV-2008-LV-0233 Page 2 If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection cc: Point Source Branch Cabarrus County Health Department MA J. William G. Ross Jr., Secre t( co l North Carolina Department of Environment and Natural Resourc /J Coleen H. Sullins, Director Division of Water Quality July 3, 2008 CERTIFIED MAIL 7007 1490 0004 4509 5843 RETURN RECEIPT REQUESTED Mr. Logan Boggs Silver Maple Community 2812 Plantation Road Harrisburg, North Carolina 28027 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2008-LV-0305 Silver Maple Mobile Estates WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the March 2008 self -monitoring report for the subject facility revealed a violation of the following parameter: Outfall Parameter Reported Value Permit Limit 001 Fecal coliform >600 CFU/100 mL 400 CFU/100 mL (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, I- �/ '!�' iP-- Robert B. Krebs Regional Supervisor Surface Water Protection cc: Point Source Branch Cabarrus County Health Department MA AA NCDENR Noe Carolina Niurally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: u-Awncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper AAA ��� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary cc September 14, 2009 Mr. Logan Boggs KBI, LLC 80 South Lake Ave., Suite 719 Pasadena, California Subject: Notice of Violation — Effluent/Monitoring Violations Tracking #: NOV-2009-LM-0027 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the June 2009 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit/Monitoring Requirement 6/9/09 Fecal coliform > 600 CFU/100 mL 400 CFU/100 mL (Daily maximum) 6/30/09 Total nitrogen None for 2nd Qtr. Monitor Quarterly 6/30/09 Total phosphorus None for 2nd Qtr. Monitor Quarterly Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, obert B. Krebs Surface Water Protection Regional Supervisor Point Source Branch MA Mooresville Regional office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Nne orthCarolina An rnual rinnnrfnnity 1 Affirmafive Arfinn Fmnlnvnr - Ina Pa vr.Wlln% PnO r'nncumor nanPr P & A TESTING AND TRAINING, INC. 260 Hemingway Ln. Fort Mill, SC 29708 803.548.5909 / 704.562.7687 Mrs. Marcia Allocco NCDENR Division of Water Quality 610 E. Centr Ave, Suite 301 Mooresville, NC 28115 Subject: Notice of Violation Silver Maples Community WWTP NPDES Permit No. NCO047091 Dear Mrs. Allocco, The following is the response you requested for the NOV for the above facility. Grit Chamber- Was cleaned out the following week. Bar Screen- I have talked with someone to have another screen fabricated.This will been done ASAP. Primary Clarifier- I have contacted some contractors to have the weirs leveled. I will try operational changes to control the out flow of solids from the clarifier. Secondary Clarifier- I have contacted Gopher Utilities to repair the skimmer. Aerobic Diqester- We are going to try plugging the line connecting the digester and the aeration basin. Please contact me at 704.562.7687 if you have any questions RECEIVED o 2007 NC DENR MRO D1NQ-Surface Water Protection Sincerely, 6 James D. Allison ORC �QF W ATFgP Michael F. Easley, Govemor 11 G W � illram G. Ross Jr., Secretary ��- No Carolina Department of Environment and Natural Resources > .. p Coleen H. Sullins. Director Division of Water Quality October 26, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 0710 0005 2882 1707 Mr. Logan Boggs Silver Maples Community 2812 Plantation Road Concord, North Carolina 28087 Subject: Notice of Violation Compliance Evaluation Inspection Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County, N.C. Tracking #: NOV-2007-PC-0727 Dear Mr. Boggs: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on October 17, 2007 by Mr. Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation (NOV) due to the failures to provide proper operation and maintenance at the wastewater treatment facility in violation of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Grit Chamber, Bar Screen, Primary Clarifier, Secondary Clarifier, and Aerobic Digester Sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation, per day, may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by November 16, 2007, addressing the above -noted violations in the attached report. In responding to the violations, please address your comments to the attention of Mrs. Marcia Allocco. AW H=HR one Np Carolina Naturally Mooresville Regional Office Division of Water Quality Phone 704-6634699 Customer Service Internet: www.ncwateroualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Logan Boggs October 26, 2007 Page Two The report should be self-explanatory; however, should you have questions concerning this report, please do not hesitate to contact Mrs. Allocco, Mr. Bell, or me at (704) 663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Cabarrus Health Alliance rr- United States Environmental Protection Agency Form Approved. EPA Washington, D.0 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I j 3I N00047091 111 12) 07/10/17 117 181 CI 191 �) 20I 1- Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 1.5 169 70I 41 711 N I 72 I ;4 !_ I 73I ( ' 74 751 I I I I I I 180 �► tit Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 07/10/17 05/05/01 Silver Maples Community Exit Time/Date Permit Expiration Date 2812 Plantation Rd Concord NC 28027 12:05 PM 07/10/17 08/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James D Allison/ORC/704-562-7687/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Logan A Boggs,Ste 719 80 S Lake Ave Pasadena CA 91101//818-795-7755/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date / Wesley N Bell �1l �/� f,. MRO WQ//704-663-1699 Ext.231/ Sign ure of Management Q A Reviewer Agency/Office/Phone and Fax Numbers late Marc a Al occo MRO WQ//704-235-2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO047091 I11 12I 07/10/17 Ii7 181 CI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NCO047091 Inspection Date: 10/17/2007 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n o o # Are there any special conditions for the permit? ❑ ❑ ■ n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: A tablet dechlorination system was installed at the treatment facility per ATC approval dated 6/13/05. Record Keeping Yes No NA NE Arc records kept and maintained as required by the permit? ■ n n ❑ Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ n n ■ Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? ■ n n n Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n Q (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ Q Q n Facility has copy of previous year's Annual Report on file for review? n n ❑ ■ Comment: DMRs were reviewed for the period August 06 through July 07. Effluent BOD and fecal coliform violations were reported in both March 07 and April 07 (4 total). The Division will separately address these violations by the issuances of either NOVs or NOV/civil penalty assessments. Page # 3 Permit: NCO047091 Inspection Date: 10/17/2007 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? Comment: On -site field analyses are performed under laboratory certification #5032. K & W Laboratories has also been contracted to provide analytical support. The laboratory instrumentation utilized for field analyses appeared to be properly calibrated. Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: The ORC must ensure the temperature of the composite sampler is measured in the correct location. The ORC was not sampling at the time of the inspection. 14 Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: The facility was not being properly maintained (See Following Sections). This Office recommends increasing the testing frequencies of the process control parameters. Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical ■ Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ Cl n n Is disposal of screening in compliance? ■ 0 n n Page # 4 FV Permit: NC0047091 Inspection Date: 10/17/2007 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Is the unit in good condition? Comment: The bar screen was severely deteriorated and one of the bars (on the screen) was missing. Type of grit removal a.Manual b.Mechanical Is the grit free of excessive organic matter? Is the grit free of excessive odor? # Is disposal of grit in compliance? Comment: The grit chamber contained excessive accumulations of grease. Primary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the sludge blanket level acceptable? Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) Comment: The weirs were not level and biological solids were continuously discharging over the weirs. Note: These observations were noted in the previous inspection performed on 5/19/06. n■nn Yes No NA NE Yes No NA NE ■nnn nn■n n■nn ■nnn n■nn n■nn n■nn nn■0 n■nn n■nn Aeration Basins Yes No NA N Mode of operation Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ 0 n n Page # 5 Permit: NCO047091 Inspection Date: 10/17/2007 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation L7 Aeration Basins Yes No NA NE Is the foam the proper color for the treatment process? ■ ❑ n n Does the foam cover less than 25% of the basin's surface? ■ n ❑ n Is the DO level acceptable? ❑ ❑ n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) Q ❑ ❑ ■ Comment: The facility currently has two operable blower/motor units. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ n Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ ❑ Are weirs level? n ❑ ❑ ■ Is the site free of weir blockage? ■ ❑ ❑ n Is the site free of evidence of short-circuiting? ■ ❑ n n Is scum removal adequate? ❑ ■ ❑ ❑ Is the site free of excessive floating sludge? n ■ n ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable (low turbulence)? ■ ❑ n ❑ Is the overflow clear of excessive solids/pin floc? n ■ n ❑ Is the sludge blanket level acceptable? (Approximately Y. of the sidewall depth) ❑ ❑ n ■ Comment: The clarifier skimmer was not operating properly. Note: The clarifier skimmer was not operating during the previous inspection performed on 5/19/06. Approximately 1/4 inch of foam/solids was observed on the clarifier's surface. The weirs and sludge blanket were not evaluated due to the accumulation of foam/solids in the clarifier. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ n Are the tablets the proper size and type? ■ ❑ n ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? n n n ■ Is there chlorine residual prior to de -chlorination? ■ ❑ ❑ ❑ Comment: De -chlorination Yes No NA NE Page # 6 rr Permit: NC0047091 Inspection Date: 10/17/2007 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n Q ❑ Number of tubes in use? 1 Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ n n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ n n n (If units are separated) Does the chart recorder match the flow meter? n ❑ ■ ❑ Comment: The cable type flow meter is calibrated on an annual basis. The flow meter was last calibrated on 3/13/07 by Horizon Engineering & Consulting, Inc. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n ■ n ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? ❑ n ■ Comment: The right of way to the outfall was accessible; however, heavily vegetated. The right of way to the outfall should be properly maintained at all times. The effluent appeared slightly turbid with suspended solids and no foam. The receiving stream did not appear to be negatively impacted. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ n n n Is the mixing adequate? ■ ❑ n n Is the site free of excessive foaming in the tank? ■ n o n # Is the odor acceptable? ■ ❑ n n # Is tankage available for properly waste sludge? ■ n n n Comment: The digester was full and the "refilling" problems have not been corrected following the previous inspection performed on 5/19/06. Page # 7 Permit: NC0047091 Inspection Date: 10/17/2007 Pump Station - Influent Is the pump wet well free of bypass lines or structures? Is the wet well free of excessive grease? Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Are all pumps present? Are all pumps operable? Are float controls operable? Is SCADA telemetry available and operational? Is audible and visual alarm available and operational? Comment: The visual alarm was not operational and excessive grease accumulations were observed in the pump station. The permittee must ensure the pump station is visited seven days per week. Yes No NA NE ■ n n n n■nn ■nnn ■nnn ■nnn 0 0 E 0 0 E 0 0 Page # 8 11 FROt:PITCO FAX NO. :803 548 5909 Oct. 24 2007 07:23PM P1 P & A TESTING ANDINING IN 260 Hemingway Lane Fort Mill, SC 29708 803-548-5909/704-562-7687 FACSIMILE TRANSMI'T'TAL SHEET 1.() FROM: WL,,, Bell Jimmy Allison (7OMPANY: DATE: NCl)HNR 10/24/07 FAX NUMBER: TOTAL NU. OF PAGPs INCLUDING COYIiR: 704,663.6040 5 PHONI; NUMBER: SUNDEWS RTtTERENCE N17MiRr:W 102407 RE: YUUR Kt.,FERENCT; NUMBER: Silver. Maples LJR(;I;N'1' © I'OR RRVILW © 111,FASh' COMMENT Cl PI.KASL•' AEPT.Y ❑ VNE.ASE KRCY(:LL' N C.)'I'1 �ti/C:OMMT'.N•I'S: Wes') I will fax you Carolina Village's PAR as soon as I find it or have David Pittman fax it to you. David prepared it for Mr. Ham. FRO :PITCO FAX NO. :803 548 5909 Oct. 24 2007 07:24F'[11 P2 PERFORMANCE ANwAL REPORT Fiscal Year( MY 1, 2006- Ime 30, 2007) Silver Maples Estates NC 0047901 This report generated in compliance with NCDENR mpfirements. David B. Pittman, CIUVW 702 Moss Creek Dr- cayce, South C.Effolim 29033 803-325-5066 FROM : P I Ti O FAX NO. :003 540 5909 Oct. 24 2007 07:24PM P3 FRCIM : F' I TCU FAX P•!U. : 8U3 548 5909 Uct.. 24 2007 07: 24PH P4 1. Gene W Information Facili4vSystem Name: Silver Maples Responsiile•Entity_ Johnathan Boggs Person in Charge/Contact: Chester/Clara DeBoard Applicable Permit(s)_ NC 0047091 Description of Collection System or Treatment Process: (1) Bar scr.*een (2) Grit chamber (3) Primary clarification (4) Aeration (5) Re --aeration (6) Final ckulficartion (7) Chlorine contact chamber with tablet chlorination (8) Dechlorination chamber (9) Ef, j4'uent f low measurement (10) Aeration sludge holding tank (aerobic digester) 2. Performance Overall performance: The facility has met its NPDES permitted water quality parameters of BOD(5), pH, fecal coliform, flaw, and ammonia (no limit requirement)except for the following: (1) ..Notice of Violation, NOV 204C-LV-0521Daily Maximum Efj`luent Limit for BOD, reported 21.0 mgfl, permit limit is 19.5 mg/l. (2) Notice of Violation, NOV 2206-LV--0445, Daily Ma amum Effluent Limit for Fwd Coliform, repor#erl r 600 CFUI100ml,, permit limit is 400CFU.100ml. (3) ) Notice of Viplation, NOY2206-LV 0449, fly Maximum Effluent Limit for -Fecal Coliform, reported >600 CFU/100m1, permit limit'is 400CFUI] 00►ril. FROM :PITrO FAX NO. :803 548 5909 Oct. 24 2007 07:25PH P5 (4)) Notice of Violation, NOV 2206-LY'- 035d, Daily Maximum -E luent Limit for Fecal Coliform, reported >600 CFU1'00m1, Permit "M t is 400CFU1100ml. ' . 3. Notification This document is available for the review at the management gffce of Silver Maples F_states.,A public notifcation form declaring where the report is available and who to contact has been issued to all a}fected residents. 4. Certification as the responsible entity, do ascertain to the best of my ledge hat this report is accurate and complete in with NCDENR regulations. For complete details concerning the compilation of data and information contained in the report, contact the consultant David b. Pittman, CHMM. The information)6rovided in this report is based upon a thorough review of the ORC(Operator Responsible i' Charge) logbook of the facility, NCDENIt and EPA documents and databases pertaining to the facility and or/permit violations. A� NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor August 9, 2007 Logan Boggs Silver Maple Mobile Estates Silver Maples Community 2812 Plantation Road Concord, North Carolina 28027 Subject: Receipt of Payment Case No: LV-2005-0389 County: Cabarrus Penalty Investigative Cost $800.00 $85.04 Logan Boggs: Total Payment $885.04 William G. Ross, Jr., Secretary Mary Penny Thompson, General Counsel The purpose of this letter is to inform you that on August 7, 2007, The North Carolina Department of Environment and Natural Resources, the Division of Water Quality, received your payment in full. If you have any questions, please contact Linwood Cox at (919) 715-2946. Sincerely, Linwood Cox Business Officer Collections Department 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Phone: (919) 715-2946 FAX: (919) 715-3060 An Equal Opportunity/ Affirmative Action Employer F RECEIVED S tP 1 g 2007 NC DENR MRO %Q-Surface Water Protection None hCarolina aturatlr� Ent Name Acct No Invoice ;Date �< _r�': Referents. = Amount: ; lscounf - Net 059 SILVER MAPLES M 4420-000 071707SfV 7117f2007 PENALTY LV-2005-0389 885.04 0.00 885.04 Payor. KBI, LLC Date Check No. Check Amount Payee: NCDENR - COLLECTIONS DEPT 8f312007 002949 $885.04 Retain this statement for your records KBI LLC `'.r•r Vf .'. .t ;r . - _ � :� ,,,yam �.._ ti`yi Y -:-'- a _.: ,_ �_ ��:� .• :,p, :� DBA SILVER MAPLES COMMUNITY .. QMAC� AW BANK, ?' '' 2812 PLANTATION ROAD = 586 CHURCH St N0Af1H CONCORD, NC 28027 CONCORD, NC 28025 66-1030 704178&5577 -. 531 4. Date Check No, Check Amount 8/3/2007 002949 ;�i-; $885.04 Eight Hundred Eighty Five AND 041100 Dollars Pay to the order of.- VOID IF NOT CASHED WITHIN 90 DAYS WITHIN DATE OF ISSUE NCDENR - COLLECTIONS DEPT OFFICE OF GENERAL COUNSEL 1601 MAIL SERVICE CENTER RALEIGH, NC 27699-1601 A' 79- A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary October 5, 2005 Alan W. Klimek, P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3492 6948 Mr. Logan A. Boggs Silver Maples Community 2812 Plantation Road Concord, NC 28027 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215. 1 (a)(6) and NPDES Permit No. NCO047091 Silver Maples Community WWTP Case No. LV-2005-0389 Cabarrus County Dear Mr. Boggs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $885.04 ($800.00 civil penalty + $85.04 enforcement costs) against Mr. Logan A. Boggs, as Owner/NPDES Permittee of Silver Maples Community WWTP. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Silver Maples Community for the month of June 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A. Boggs: Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 One Phone: 704-663-1699 I Fax: 7D4-663-6040 / Internet: h2o.enr.state.nc.us M&ffi .uohna An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Admaliff $ 0 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Flow. $ 100.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand (BOD5). $ 700.00 For 7 of the seven (7) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by $ 800.00 $ 85.04 $ 885.04 discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Total Residual Chlorine. TOTAL CIVIL PENALTY Enforcement costs. 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Environment and Natural Resources (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: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 K2 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 the violations are of a continuing nature, not related to operation and/or maintenance problems and you anticipate remedial construction activities then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. (Date) D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Attachment A Mr. Logan A. Boggs Silver Maples Community WWTP NPDES Permit No. NC0047091 Case Number LV-2005-0389 Limit Violations, June 2005 Monthly Average Limit Violations Parameter Reported Value Limit Units Flow 0.042 0.040 MGD Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 39.5 * 19.5 Total Residual Chlorine 1790 *, 500 *, 480 *, 1260 *, 550 *, 410 *, 390 * 28 µg/L * denotes assessment of civil penalty. mg/L STATE OF NORTH CAROLINA COUNTY OF Cabarrus IN THE MATTER OF ASSESSMENT CIVIL PENALTIES AGAINST Mr. Logan A. Boggs (Owner/Permittee) PERMIT NO. NCO047091 ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2005-0389 Having been assessed civil penalties totaling $885.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 5, 2005, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2005 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2005-0389 Assessed Party: Mr. Logan A. Boggs (Owner/Permittee — Silver Maples Community) Permit No. (if applicable): NC0047091 County: Cabarrus Amount Assessed: $885.04 Please use this form when requesting remission of this civil penalty. You must also complete the "Waiver ofRight to an Administrative Hearinz and Stipulation o 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 applies. 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. I (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 My 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: EFFLUENT " has NPDES PERMIT NO. SIC 0101I DISCHARGE NO, MONTH YEAR_ FACILITYAIvIE Ar o > CLASS -=,—CO NTY !`AgAr-kS CERTIFIED LABORATORY (1) CERTIFICATION NO. 3f'7 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) N63 ' GRADE TY CERTIFICATION NO. RG I -f 0 PERSON(S) COLLECTING SAMPLES ip 'S ORC PHONE OL0 ' •768 CHECK BOX IF ORC HAS CHANGED 0 NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: I A A A/ I . / — L— I— ATTN: CENTRAL FILES z DIVISION OF WATER QUALITY (SIGN A URE PERATOR IN RESPONSIBLE CHARGE) 1617 MAIL SERVICE CENTER BY THLS kIGNATU)ALE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 276"-1617 ACCVRA OMPLETE TO THE BEST OF MY KNOWLEDGE. 11 1 111 1 11 11 11.1 11 1 ! cow ©OM= Ji EMS E mOn=tom®�a■��® DW Q F® M R-1 (12,04) Facr3it;y Status: Chase Check one of the foIbw ng) A Am onimxng data and _qnPjiV frqueu�esm eetperm itnquaen ents OnalxbJ w e64 averages, if appl C o nplimt A llm a==—Ig data and son pig fiEquex:Jes do N 0 T m eetpmm Xngaim n eats 1Z N cnozrn pliant The pern im�e j- Mport tD the D i18tor or the g4=P3:ate R aTi ma10 f 5m any rzno= plianoe thatpotenriaIly thxeatr=rspublir health orthe ei =ran ent Any nf= anon tzMbeP=v3:led OM14, w thn 24 hours fm rn the tine the Penn ittt e been a aw are of the Goon stancxes. A w ---tLn satin is=n ShaIlabDbe pmviEd w nii-i 5 days of the tine the Peon itiee beam es aw are of the cut= Stances. If the fac1'dty is nonc= Plant, pham ata a liM Of M=vc ve acb msbeng taken and a tin a -table for in Proven ezts to bem ade asrezLtmd by PartIIE.6of theNPDES peon iL "I 0=t'fy' =lm7'mk-'�( of hw , thatthis doaan ezta7)d aIlattacim ants w ere Pm4k d imderm y di m=cbn orszDernimn n aaaxdance-w ith a systsn designed tD assim tot.oualifixi PAP gamaryl evaluate the iit= atim subT it1g1. B as33 on m y ix;uizy of the perm orpe=lS w) m anage3 the sysmm , or those pence s daectly ZeEperLcnb3e fDrgati>=JrQ the Moan alum, the nfDan anon satin t= is, to the best.ofm y know h3ge and beli-4 true, acruiate, and a=n plete. Ian aw axe thatdx a axe s ifi nt•pa ^� ft r a it2a�g L i��= anon, ai��g tt pos�I of faxs and in pn= n ent fDrknow ng vsolatios ' Pem S=e A dda .1ILVEn. MOPW M06;c.6 65; trt:; Peon jMae R'laasep=ntor type) Sso Perm it ee*"* —Date (Requimd S.±m i=d P` neN tan be eKn &L-3d— PwnLEx-, -=tis1 D dtE ADD=MNAL CERTIFIED LABORATORIES C erbfni Laboatnry (2) C erti� Laboratory (3) C atifiai LabozatDry (4) C etti rl Laboz3tDry (5) C ettifbati�n N o. 551I C erdfrati n N o . C etabcation N o. C erdfrati m N o. PARAM ETER CODES Pam eter•C ode amroe m ay be obQned b, MMV the N PD ES U ruirat (919) 733-5083 or xm W atErPmt r-t Se`ti m'sweb steath2o:ezrstate-,cius,Wosand Ye . Srr� - >s�ktrg' tD the trait: s nfnum atiOn page;. s all/ z= oar eis uen entdeWnatEd in the reportng b=UZj's N PD ES - pemm aforzeporting data. No F bw A iadzarge Fran S3W: Check this box ifnp d3s3kage oczus and, as a 7P-q�, 'H* these axe no data to bes ezt-edfnraIlofthepaa=m M On the DMR brtheentixemcakDrngpeciod. '• 0 R C 0nSim?: 0RCmustvmthym-tih,and doc=fnof ,� � 1� NCAC BG'D204. • • • S i�at i e of Perm i lee: If si, by otherthan the pemm:bme, thou the r M de3e3atin of the sianatnry authority cn MewrththestaMper15A NCAC 2B .0506 b) (2) CD). Page 2 Daily violation BOD 6/02/05 and monthly flow average violation. Both due to heavy rains during the month. Facility plans to tie on to the city wastewater ASAP. James D. Allison Permit NCO0471. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Avera a Weekly Average Daily Maximum Measurement Frequency 'Sample Type Sample Location Flow 0.040 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 13.0 mg/L 19.5 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 2/Month Composite Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent pH' Weekly Grab Effluent Temperature (°C) Weekly Grab Effluent Total Residual Chlorine' 28Ng/L 2/Week Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 2. Limit takes effect June 1, 2005. Until the limit takes effect, the permittee shall monitor TRC (with no effluent limit). There shall be no discharge of floating solids or visible foam in other than trace amounts_ Ms. Marcia Allocco NCDENR 610 East Center Ave. Suite 301 Mooresville, NC 28115 PITCO 260 Hemingway Ln. Fort Mill, SC 29708 11 /18/2006 ,>x,.�,or �rnnkur����•.. D NATURP,L R 4SOURCEt VWRESVIL! i, pFr+i Subject: NOV - Effluent Limitatioms Tracking # NOV-2006-LV-0521 Silver Maples MHP WWTP NPDES Permit # NCO047091 Cabarrus Co. Dear Ms. Allocco, Remedial actions taken to prevent further BOD noncompliance. Solids reduction in MLSS will be maintained at a lower level. Also, I changed labs. We were having problems with labs BOD calculations. If you need to contact me, please call 704-562-7687. Sincerely. C - PmesAllison ORC c .%LAI'm ry `. .. J .3%'► 0F WATF j 9QG Michael F. Easley, Govemo \O� � William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources =I 0 Y Alan W. Klimek, P.E. Director Division of Water Quality November 8, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3494 8735 Mr. Logan Boggs Silver Maples Community 2812 Plantation Rd. Concord, North Carolina 28087 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2006-LV-0521 Silver Maples MHP WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the July 2006 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Limit 001 BOD 21.0 mg/1 (Daily maximum) 19.5 mg/1 (Daily Maximum) Remedial actions, if not already implemented, should be taken to correct any problems. Since the comments section on the reverse of the relevant Discharge Monitoring Report did not provide an explanation for the noted effluent limit violation, it is requested that a written response to this Notice be submitted by no later than December 8, 2006. The response should include any additional information concerning the violation or comments that you wish to present. Please address your response to the attention of Ms. Marcia Allocco of this Office. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. AWA NCDENR Noottte1tCarolina Natura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, ZG Samar Bou-Ghazale Surface Water Protection Acting Regional Supervisor cc: Point Source Branch Cabarrus County Health Department MA 0FWATF I,1�1 �RO Michael F. Easley, Governo William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources p Y Alan W. Klimek, P.E. Director Division of Water Quality October 2, 2006 CERTIFIED MAIL 1 Uu 3-')-:L(,00 000 1 34 q 4 T4 35 RETURN RECEIPT REQUESTED Mr. Logan Boggs Silver Maples Community 2812 Plantation Road Concord, North Carolina 28087 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2006-LV-0449 Silver Maples MHP WWTP NPDES Permit No. NCO047091 Cabarrus County Dear Mr. Boggs: A review of the June 2006 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Limit 001 Fecal coliform > 600 CFU/100 ml 400 CFU/100 ml (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch Cabarrus County Health Department MA ©GjE, Noce Carolina NCDENR Natoally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: }%NN'NN.nc%�alci qualitv_„r_ 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Logan Boggs Silver Maples Community 2812 Plantation Road Concord, North Carolina 28087 Dear Mr. Boggs: rviicnaci r. casiey, uuvemu � William G. Ross Jr., Secret North Carolina Department of Environment and Natural Resour Alan W. Klimek, P.E. Director Division of Water Quality July 21, 2006 7003 2260 0001 3494 6595 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2006-LV-0356 Silver Maples MHP WWTP NPDES Permit No. NCO047091 Cabarrus County A review of the May 2006 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter 001 Fecal coliform Reported Value Permit Limit > 600 CFU/100 ml (Daily maximum) 400 CFU/100 ml (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. cc rum. -�� NCDENR Point Source Branch Cabarrus County Health Department Sincerely, ^ i D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Nose Carolina Aawra!!y oresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service het: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper ItA�� Michael F. Easley, Go or I O�0 WA AT F9�G O -'� CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Logan Boggs Silver Maples Community 2812 Plantation Road Harrisburg, North Carolina 28027 Subject: Dear Mr. Boggs: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 31, 2006 7003 2260 0001 3493 9269 Notice of Violation - Effluent Limitations Tracking #: NOV-2006-LV-0243 Silver Maples Community WWTP NPDES Permit No. NCO047091 Cabarrus County A review of the March 2006 self -monitoring report for the subject facility revealed a violation of the following parameter: Pine Parameter Reported Value Permit Limit 001 BOD 20.4 mg/1 (daily maximum) 19.5 mg/1 (daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Mr. John Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Lesley or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch Cabarrus County Health Dept. JL Aooresville Regional Office Division of Water Quality Phone 704-663-1699 ntemet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper One NCarolina Naturally Customer Service 1-877-623-6748 WAT�9�G CO � r o � May 23, 2006 Mr. Logan Boggs Silver Maples Community 2812 Plantation Road Concord, North Carolina 28027 Michael F. Easley, Gove 4 r/ William G. Ross Jr., Secretary J� North Carolina Department of Environment and Natural Resources V Alan W. Klimek, P.E. Director Division of Water Quality Subject: Notice of Deficiency Compliance Evaluation Inspection Silver Maples MHP WWTP NPDES Permit No. NCO047091 Cabarrus County, N.C. Dear Mr. Boggs: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on May 19, 2006, by Mr. Wes Bell of this Office. Please inform the facility's Operator - in -Responsible Charge of our findings by forwarding a copy of the enclosed report. It is requested that a written response be submitted to this Office by June 13, 2006, addressing the deficiencies noted in the Summary/Influent Pump Station, Operation & Maintenance, Grit Removal, Primary Clarifier, Aeration Basins, and Secondary Clarifier Sections of the report. In addition, this office is especially concerned with the facility's lack of a backup motor/blower unit and the ORC's inability to properly waste solids. It is the permittee's responsibility to ensure the ORC is provided with operable equipment and treatment units to properly operate this facility. The failure to properly operate and maintain the treatment facility can subject the permittee to penalties up to $25,000.00 per violation, per day. In responding, please address your comments to the attention of Mr. John Lesley. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, Z�Rex Gleason, P.E C,_Im. Surface Water Protection Regional Supervisor Enclosure cc: Cabarrus County Health Department A�� WB NCDENR Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Internet: www.ncwatergualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Nam` Carolina )Vaturldy Customer Service 1-877-623-6748 I' United States Environmental Protection Agency Form Approved. E PA Washington, D.C. 20460 E� OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 t N 2 I SI 31 NCO047091 Ill 121 06/05/19 117 18U C� 19u S� 20U 1_! !J t� +_t Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 721 N 73t751 1 I I I I 80 67I 1.5 169 70 LI71 IN_1 _L Section B: FacilityData Name and Location of Facility Inspected (For Industrial Users discharging to POT1N, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Silver Maples Community 10:20 AM 06/05/19 05/05/01 Exit Time/Date Permit Expiration Date 2812 Plantation Rd Concord NC 28027 12:25 PM 06/05/19 08/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James D Allison/ORC/704-562-7687/ Name, Address of Responsible Official/Title/Phone and Fax Number Chet Deboard,2812 Plantation Rd Concord NC 28027//704-786-5577/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit . Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell / / MRO WQ//704-663-1699 Ext.231/ Signature of Management A Reviewer Agency/Office/Phone and Fax Numbers 7Date John E Lesley MRO WQ//704-663-1699 Ext.270/ S )G ? 1 i/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day 3I NCO047091 I11 12I 06/05/19 117 Inspection Type 18I ^' (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: DMRs were reviewed from March 2005 through February 2006. Monthly average flow violations were reported for March 05, June 05, and December 05. Daily maximum effluent BOD violations were reported in May 05(1) and June 05(1) and a monthly average effluent BOD violation was also reported for May 05. Seven daily maximum effluent TRC violations were reported in June 05. All above -noted violations were separately addressed by the Division by issuances of either a NOV or NOV/civil penalty assessment. No effluent fecal coliform was reported for the week of 12/26/05 - 12/30/05. In addition, only one effluent TRC was reported for the week of 1/30/06 - 2/3/06. The inspection verified that both of the above -noted discrepancies were transcription errors; therefore, amended DMRs will be submitted. On several occassions, the collection and analysis times for effluent TRC were not documented. The collection and analysis times must be documented to ensure the TRC samples are collected and analyzed within the fifteen -minute holding time requirement. PERMIT/INFLUENT PUMP STATION cont'd: The facility's collection system consists of one pump station with audible and visual alarms. The pump station does not have telemetry and/or autodialer alarm systems. This pump station was not being visited seven days a week as required by 15A NCAC 2H .0227(4). Page # 2 V Permit: NCO047091 Inspection Date: 05/19/2006 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation vex ki- ue uG (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ■ ❑ ❑ Comment: The influent pump station could not be accessed at the time of the inspection. See "Summary" Section for additional comments pertaining to the influent pump station. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain -of -custody complete? ■ ❑ ❑ ❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? O O ❑ ■ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than,the facility classification? ■ ❑ ❑ Cl Is a copy of the current NPDES permit available on site? ❑ ■ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■ Comment: The permit is not on -site; however, the ORC keeps a copy with him. See "Summary" Section for additional comments. Laboratory Yes No NA NE Page # 3 Permit: NCO047091 Inspection Date: 05/19/2006 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation Laboratory Yes No NA NE Are all other parameters(excluding field parameters) performed by a certified lab? ■ ❑ n n # Is the facility using a contract lab? ■ n n n Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ ❑ ■ ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ ■ ❑ Comment: On -site field analyses are performed under laboratory certification #5032 The annual calibration/verification for the low level TRC meter was performed on 3/24/06. The ORC must ensure all field meters are calibrated/verified prior to sample analysis. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ■ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n ❑ Comment: The ORC was not sampling at the time of the inspection. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The sludge holding tank was full and needed to be pumped out. The ORC indicated that sludge cannot be properly wasted at this facility due to the 'refilling" problems associated with the sludge holding tank. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? ■ ❑ Cl ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ n n n Page # 4 PV Permit: NC0047091 Owner - Facility: Silver Maples Community Inspection Date: 05/19/2006 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual ■ b.Mechanical ❑ Is the grit free of excessive organic matter? ❑ ■ ❑ ❑ Is the grit free of excessive odor? ■ ❑ ❑ ❑ # Is disposal of grit in compliance? ■ ❑ ❑ ❑ Comment: The grit chamber was full and needed to be pumped out. Primary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? n ■ o o Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ❑ ■ ❑ ❑ Is scum removal adequate? ❑ ■ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the sludge blanket level acceptable? ❑ ■ ❑ ❑ Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ❑ ■ ❑ ❑ Comment: The weir was unlevel and the sludge blanket/solids were observed entering the clarifier's effluent. Excessive scum was also observed on the clarifier's surface. Aeration Basins Yes No NA NE Mode of operation Cojraer Sro4*A;r,.J Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Page # 5 Permit: NCO047091 Inspection Date: 05/19/2006 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation "Nq Aeration Basins Yes No NA NE Is the DO level acceptable? ■ Cl ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ ❑ ❑ Comment: The ORC must ensure all air leakages are fixed. The facility only has one operational motor/blower unit. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ❑ ❑ ❑ ■ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ❑ ■ ❑ ❑ Is the site free of excessive floating sludge? ❑ ■ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable (low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ❑ ■ ❑ ❑ Is the sludge blanket level acceptable? (Approximately '/. of the sidewall depth) ■ ❑ ❑ ❑ Comment: The water level was above the weirs and suspended solids were observed throughout the clarifier. The scum removal system was above the water level and not operating properly. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑ ■ Is there chlorine residual prior to de -chlorination? ■ ❑ ❑ ❑ Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ ❑ ❑ Cl Is storage appropriate for cylinders? ❑ ❑ ■ ❑ Page # 6 Permit: NCO047091 Inspection Date: 05/19/2006 Owner - Facility: Silver Maples Community Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE # Is de -chlorination substance stored away from chlorine containers? ■ Q O 0 Comment: Are the tablets the proper size and type? ■C1 Q Q Are tablet de -chlorinators operational? ■ ❑ ❑ ❑ Number of tubes in use? 2 Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ D 00 Is flow meter calibrated annually? ■ Q ❑ O Is the flow meter operational? ■ Q ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ O ■ Comment: The flow meter (cable type) was last calibrated by Thurmon Horne (Horizon Engineering & Consulting Services, Inc.) on 3128/06. The solids around the float should be removed to ensure accurate flow measurements. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ Q Q Are the receiving water free of foam other than trace amounts and other debris? ■ Q 0 C1 If effluent (diffuser pipes are required) are they operating properly? O O ■ Q Comment: The effluent was clear with trace suspended solids and no foam. The receiving stream (Rocky River) was very turbid; therefore, no impacts could be observed. Page # 7 O�O� WA%RQG Michael F. Easley, Govetn6r William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources � y Alan W. Klimek, P.E. Director Division of Water Quality March 24, 2006 Mr. James Allison c/o Silver Maples Mobile Estates 2812 Plantation Road Concord, North Carolina 28027 Subject: Revised Discharge Monitoring Report Form Silver Maples Mobile Estates WWTP NPDES Permit No. NCO047091 Cabarrus County, NC Dear Mr. Allison: The data entry staff in the Division's Central Office has experienced difficulty entering the total residual chlorine concentration information on the Division's electronic database. The unit of measure listed on the current DMR form for total residual chlorine is difficult to read. Enclosed is a revised DMR form for your use that should help reduce errors during data entry. Thank you for your continued cooperation and timely reporting of data to the Division. Should you have any questions regarding the forms please call me at 704-663-1699. Sincerely, John Lesley Environmental Spec. 2, MRO VA HCDENR NorthCarolina Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper PITCO 211 Pebble Creek Crossing Fort Mill, SC 29715 803-548-5909 Mr. Rex Gleason Division of Water Quality 610 East Center Ave., Suite 301 Mooresville I C, 28115 get, Ut:rI- C& AND NATO" PREWRCE8 JUN 0 2 2006 WATER wuALITY SECTION Subject: Notice of Deficiency Compliance Evaluation Inspection Silver Maples MHP WWTP NPDES Permit No. Nc0047091 Dear Mr. Gleason, The following is the response you requested. 1- All DMRs that needed amending were done on 5/22/06. 2- TRC collection and analysis time are now being recorded in the log book. 3- The ORC checks the lift station on a daily basis. Management have been notified to check it on week -ends and record it in a log book. 4- All field meters were calibrated/ verified at the time of the inspection. 5- The digester will be pumped 5/31/06 and try to repair it if possible. If it can not be repaired I will have to continue to have the aeration basin pumped on a regular basis. 6- The grit chamber will be pumped and cleaned 5/31/06. 7- The primary clarifier has always dischaged solid out of it, this does not seem to hinder the operation of the plant as long as you have the proper amount of mixed liquor- 8- Air leak at 4 inch header pipe will be repaired 6/7/06. 9- Water level in the secondary clarifier is too high due to the settling of the plant over the last thirty years, if this can be corrected it will be done ASAP. 10- Solids around the flow meter float have been removed. If you have any questions, please contact me at 704-562-7687. cc: Chet DeBoard Sincerely, James D. Allison ORC Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources O � Alan W. Klimek, P.E. Director - . Division of Water Quality 1 YL .t March 23, 2006 Logan Boggs Silver Maple Mobile Estates 2912 Plantation Rd Concord, NC 28027 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Silver Maples Community Permit Number: NCO047091 Case Number: LV-2006-0060 Cabarrus County Dear Mr. Boggs: uEFr. o EPVt:,tr..l:ry► AND R!,r'?.' r MOORE, =1lRD S r OrFICE MAR 2 4 2006 IVA oft— RolTERQ11,, SECTION This letter is to acknowledge receipt of check number 002346 in the amount of $328.95 received from you dated March 15, 2006. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, r Frances Candelaria cc: Enforcement File #: LV-2006-0060 ltWR69iona " Officesupervisor. I Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Carolina NNaturu!!y KBI, LLC DBA SILVER MAPLES COMMUNITY WACHOVIA BANK, N.A. 2812 PLANTATION ROAD 886 CHURCH ST. NORTH CONCORD, NC 28027 CONCORD, NC 28025 66-1030 704/ 786-5577 531 Date Check No. Check Amount 3/15/2006 002346 $328.95 Three Hundred Twenty Eight AND 95/100 Dollars Pay to the order of: VOID IF NOT CASHED WITHIN 90 DAYS WITHIN DATE OF ISSUE POINT SOURCE COMPLIANCE/ENFORCEMEN' DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 `�J Michael F. Easley, Gov or >� William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 1, 2006 CERTIFIED MAIL 7003 2260 00013492 8521 RETURN RECEIPT REQUESTED Mr. Logan Boggs Silver Maple Community 2812 Plantation Road Concord, North Carolina 28027 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO047091 Silver Maple Community WWTP Cabarrus County Case No. LV-2006-0060 Dear Mr. Boggs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $328.95 ($250.00 civil penalty + $78.95 enforcement costs) against Mr. Logan A. Boggs, owner/NPDES Permittee of Silver Maples Community. This assessment is based upon the following facts: A review has been conducted of the self - monitoring data from December 2005. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NCO047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A Boggs: FMA No�Carolina " WDENR tura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for flow. $ 250.00 TOTAL CIVIL PENALTY $ 78.95 Enforcement costs. $ 328.95 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Environment and Natural Resources (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. Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282. 1 (b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 I' 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities then you may wish to consider applyin for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. i (Date) D. Rex Weason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments oil ATTACHMENT A CASE NO. LV-2006-0060 Logan A. Boggs — Silver Maples Community WWTP NC0047091 Pipe No. Parameter Reported Value Permit Limit 001 Flow * 0.05 MGD 0.04 MGD (monthly averge) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND LOGAN A. BOGGS, OWNER/PERMITTE) STIPULATION OF FACTS SILVER MAPLES COMMUNITY WWTP ) PERMIT NO. NCO047091 ) FILE NO. LV-2006-0060 Having been assessed civil penalties totaling $328.95 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 1. 2006the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 2006 TELEPHONE DWO — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2006-0060 Assessed Entity: Logan A. Boggs, Owner/Permittee of Silver Maples Community Region: Mooresville County: Cabarrus () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; () Whether the violator promptly abated continuing environmental damage resulting from the violation; () Whether the violation was inadvertent or a result of an accident; () Whether the violator had been assessed civil penalties for any previous violations; () Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Decision: (Check One) Request Denied ❑ Full Remission ❑ Partial Remission ❑ Amount Remitted Date Alan W. Klimek, P.E. got, E7 L IVT NPDES PERMIT NO. NC. 004 q� I _ DISCI-L4RGE NO. QQ 1 MONTH DEC C M ! (R- YEAR FACILITYNAME �)WCR MAPLtS 0061�E E51MC-5 CLASSY COUNTY CAMMUS CERTIFIED LABORATORY (1) 7/EST" A649Ri4* CERTIFICATION NO. 301 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) cJAs D, Pi u5ou GRADE _L CERTIFICATION NO. RC to I PERSON(S) COLLEfTM SAMPLES SR ME S 'D. ► dU'50P ORC PHONE 50 4 - 5(.2.1667 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF "'ATER QUALITY. 1617 MAIL SERVICE CENTER RALEIGH, NC 27699.1617 BY' ffi&SleNATURE.1 CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 3 i 0 L, BEEN 111 t 11 t m It t I1- 1 11 1 '®' 11 It Iltl tl. __� w • • mm WPM moms mmmm��������������� m=mm®� moms ����������■���� mmmm����o=���o���� mom=���■��� mmmm OWN- DW Q F= M R3 C11,04) r�NATF9Michael F. Faalcy, Go' or lr ' % G William G. Rosa Jr., Secrctan, ` C0 North Carolina Department of Environment and Natural Resources "i Alan W. Klimek. 11. E. Director Division of Water Quality December 14, 2004 Mr. Chet DeBoard Silver Maples Community 2812 Plantation Road Concord, North Carolina 28027 Subject: Notice of Deficiency Compliance Evaluation Inspection Silver Maples WWTP NPDES Permit No. NCO047091 Cabarrus County, NC Dear Mr. DeBoard: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 3, 2004 by Mr. Barry Love of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report to him. It is requested that a written response be submitted to this Office by January 6, 2005 addressing the deficiencies noted in the Permit, Operations and Maintenance, Record Keeping, Effluent Sampling and Effluent Pipe Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. The report should be self-explanatory; however, should you have any questions, please do not hesitate to contact Mr. Love or me at (704) 663-1699. Sincerely, r r. �n D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Cabarrus County Health Department J aiCarolina ural1M r NCDENR N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704 )663-1699 Customer Service 1-877-623-6748 EPA United States Environmental Protection Agency Washington, D.C. 20460 Form Approved OMB No. 20,40-W57 Approval expires I'31-96 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Ins 1 pection Type Inspector Fa: Tvp e H 2 " 31 NC0047091 111 121 04/12/03 117 18I;_I a LJ 19 l 20 H ., , , , . . . . . . Remarks Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA 671 169 70 U 71 U 72 u Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Silver Maples Community 2812 Plantation Rd Concord NC 28027 Name(s) of Onsite Representative(s)rFffies(s)/Phone and Fax Number(s) James D Allison%ORC/704-56---7667/ i! Reserved 73 1 1 1 74 75 L I I I I I I 1 80 Entry Time/Date -i:45 AN 04/12/C_- Exit Time/Date C'7.:00 PN. 04/12,�0; Other Facility Data Permit Effective Date 03.'12/01 Permit Expiration Dat Name, Address of Responsible OfficialTUe/Phone and Fax Number ,het Deboard,2612 Plantation Rd Concord NC 28027//704-786-5577/ Contacted Section C: Areas Evaluated During Inspection (Check only those areas evaluated) `Permit i Flow Measurement e Operations & Maintenance ® Recerds/Reports Self -Monitoring Program N Sludge Handling Disposal ■ Facility Site Review Effluent/Receiving Waters ® Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature s) of Inspector(s) Harry F—Love Signature of Management, O A Reviewer Richard M Bridgemar. EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. 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Yes No NA 013 ❑ NF ❑ Is flow meter calibrated annually? 0 ❑ ❑ ❑ Is flow meter operating properly? 0❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? 0 ❑ ❑ ❑ Comment: The Stevens cable type flow meter with totalizer and strip chart was last calibrated on March 19, 2004 by B.W. Allen Corporation, Record Keeninn Are records kept and maintained as required by the permit? Yes No NA NF ❑ E ❑ ❑ Is all required information readily available, complete and current? ❑ 0 ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ 0 ❑ ❑ Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ ❑ Are sampling and analysis data adequate and include: 0 ❑ ❑ ❑ Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs ❑ Plant records are adequate, available and include 0 ❑ ❑ ❑ O&M Manual ❑ As built Engineering drawings ❑ Schedules and dates of equipment maintenance and repairs 0 Are DMRs complete: do they include all permit parameters? E ❑ ❑ ❑ Has the facility submitted its annual compliance report to users? 0 ❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ 0 ❑ Is the ORC visitation log available and current? 0 ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? E ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? E ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? E ❑ ❑ ❑ Is the facility description verified as contained in the NPDES permit? N ❑ ❑ ❑ Does the facility analyze process control parameters, for example: MLSS, MCRT, Settleable Solids, DO, Sludge MOOD Judge, pH, and others that are applicable? Facility has copy of previous years Annual Report on file for review? W ❑ ❑ ❑ Comment: The permit requires that the permittee shall retain records of all monitoring information for at least 3 years from the date of sample, measurement, report or application. Sludge records shall be maintained for 5 years. DMR's were reviewed for the period of October 2003 through September 2004. BOD and TSR daily maximum limit violations were reported on February 3, 2003. A fecal col form daily maximum limit violation was reported on February 17, 2004. A BOD monthly average limit violation was reported for February 2004. A BOD daily maximum limit violation was reported on May 18, 2004. These violations have been addressed in previous correspondence from this office. "�"" "' Yes No NA NF Is composite sampling flow proportional? E ❑ ❑ ❑ Is sample collected below all treatment units? E ❑ ❑ ❑ Is proper volume collected? 0 . 0 0 Permit: NCO047091 Owner - Facility: Silver Maple Mobile Estates - Silver Maples Community Inspection Date: 12/03/04 Inspection Type: Compliance Evaluation Effluent Sam In in❑ Yes No NA NF Is the tubing clean? 01300 Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ ❑ ❑ M Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ❑ 0 ❑ ❑ Comment The operator stated that the composite samples consists of 25 ml grab samples collected over a 24 hour period. The permit defines a composite sample as a sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The preset gallon interval between the collection of samples must not exceed 1/24 of the expected flow. Aerobic Dinester Is the capacity adequate? _Yes No ❑❑ 01311 NA NF ❑ Is the mixing adequate? 110 ❑ ■ Is the site free of excessive foaming in the tank? ■ ❑ ❑ ❑ Is the odor acceptable? ■ ❑ ❑ ❑ Comment: Liquid Waste, Inc. is the contracted sludge hauler. FMU=LPnt Pion Is right of way to the outfall properly maintained? Yes No NA ❑ ■ ❑ NF ❑ Are receiving water free of solids and floatable wastewater materials? 0❑ ❑ ❑ Are the receiving waters free of solids / debris? ■ ❑ ❑ ❑ Are the receiving waters free of foam other than a trace? . ❑ ❑ ❑ Are the receiving waters free of sludge worms? . ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? 0 ❑ . ❑ Comment The outfall was accessible, but It was necessary to squeeze through a hole in the back fence. A locked gate would allow the ORC to visually inspect the receiving stream white restricting plant access to the general puplic. The permit requires that the facility be properly operated and maintained at all times. CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Eddie Turner, Manager Silver Maple Mobile Estates 2812 Plantation Road Concord, NC 28027 Subject: Dear Mr. Turner: Michael F. Easley, F.".mor J William G. Racs Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Khmek. P. E. Director Division of Water Quality Coleco ft. Sulliru. Dcputh Director Division of Water Quality August 5, 2004 7003 2260 0001 3550 2455 Notice of Violation - Effluent Limitations Tracking #: NOV-2004-LV-0361 Silver Maple Mobile Estates NPDES Permit No. NCO047091 Cabarrus County A review of the May 2004 self -monitoring report for the subject facility revealed a violation of the following parameter: Pine Parameter R!;ported Value Limit 001 Biochemical Oxygen Demand 26.3 mg/L 19.5 mg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcement Unit Dixision of Rater Qualih-. Mooresville Regional Office. 919 North Dlain Street, hlooremille NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 19, 2005 Logan Boggs Silver Maple Mobile Estates 2912 Plantation Rd Concord, NC 28027 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Silver Maples Community Permit Number: NCO047091 Case Number: LV-2005-0280 Cabarrus County Dear Mr. Boggs: Alan W. Klimek, P.E. Director Division of Water Quality �[E C o SEP21M -Aquifer This letter is to acknowledge receipt of check number 002154 in the amount of $435.04 received from you dated September 13, 2005. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Frances Candelaria cc: Enforcement File #: LV-2005-0280 IDWQ Mooresville Regional Office Supervisor Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 NNo e hCarolina aturally KBI, LLC DBA SILVER MAPLES COMMUNITY WACHOVIA BANK, N.A. 2812 PLANTATION ROAD 886 CHURCH ST. NORTH CONCORD, NC 28027 CONCORD, NC 28025 704/ 786-5577 66-1030 531 Date Check No. Check Amount 9/13/2005 002154 $435.04 Four Hundred Thirty Five AND 04/100 Dollars Pay to the order of. VOID IF NOT CASHED WITHIN 90 DAYS WITHIN DATE OF ISSUE N.C. DEPT. OF ENVIRONMENT & NATURAL RESOURCES - DIV. OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 66" (46 A*_ N_CD_ E_NR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor August 10, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Logan A. Boggs Silver Maples Community 2812 Plantation Road Concord, NC 28027 Dear Mr. Boggs: 7003 2260 0001 3492 6399 William G. Ross, Jr., Secretary Alan W, Klimek, P.E., Director SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO047091 Silver Maples Community WWTP Case No. LV-2005-0280 Cabarrus County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $435.04 ($350.00 civil penalty + $85.04 enforcement costs) against Mr. Logan A. Boggs, as Owner/NPDES Permittee of Silver Maples Community WWTP. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Silver Maples Community for the month of May 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143 -215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A. Boggs: Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 One Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us NorthCamlina An Equal Opportunity/Affirmative Action Employer — 50% Recycled/101/. Post Consumer Paper Admally $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Biochemical Oxygen Demand (BODE. $ 100.00 For I of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand fBOD j. $ 350.00 $ 85.04 $ 435.04 TOTAL CI M PENALTY Enforcement costs. 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. 14313- 282.1(b), which are: (1) The degree and extent ofharm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (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 violations were 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 Environment and Natural Resources (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: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282. 1 (b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mad Service Center Raleigh, North Carolina 27699-1617 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: Office of Administrative Hearings 6714 Mail Service Center North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dar; Oaidey, GeT,:�ral 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and You anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663- l 699. (Date) D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Limit Violations, May 2005 Parameter Biochemical Oxygen Demand Parameter Biochemical Oxygen Demand Attachment A Mr. Logan A. Boggs Silver Maples Community WWTP NPDES Permit No. NC0047091 Case Number LV-2005-0280 Monthly AveWe Limit Violations Reported Value Limit 17.89 * 13.0 Daily Maximum Limit Violations Reported Value Limit 55.7 * 19.5 * denotes assessment of civil penalty. Units Units STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cabarrus IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mr. Logan A. Boggs (Owner/Permittee) ) PERMIT NO. NCO047091 ) FILE NO. LV-2005-0280 Having been assessed civil penalties totaling $435.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 10, 2005, the undersigned, desiring to seek remission of the civil penalties, 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 Quality, within 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 , 2005 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number. LV-2005-0280 Assessed Party: Mr. Logan A. Boggs (Owner/Permittee — Silver Maples Community) Permit No. (if applicable): NC0047091 County: Cabarrus Amount Assessed: $435.04 Please use this form when requesting remission of this civil penalty. You must also complete the "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 applies. 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.0 G S 143B-282 I fb) were wrongfully gpphed to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violatorpromntly 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 civilpenalty 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: EFFLUEN(S NPDES PERMIT NO. M t'�`f �IL'� I DISCHARGE NO. � 21 MONTH YEAR FACILITY NAME APL 061a iL CLASSY_ COUNTY 1' ARf: ]`R(S CERTIFIED LABORATORY (I) e'ft CERTIFICATION NO.'7 (list additional laboratorics on the backsidc/pagc 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) A M � GRADE CERTIFICATION NO. 1<L' 1 �{ (, I PERSON(S) COLLECTING SAMPLES 'SD 1161 u, OR% rPHONE 00105� Z-7`g7 CHECK BOX IF ORC HAS CHANGED 0 A NO FLOW / DISCHARGE FROM SITE' Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 276"-1617 BY THUS SIggATURE, I CERTIFY THAT THUS REPORT IS ACCC-RATEIAND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 W010 OWW 50060 00310 OMIO 00530 31616 00300 00600 00665 F,<D F t ry e- C FLOW u C.:� _ < Z C n= o < Z 6� Cp < Z G =�- �= .. " _� U Z V LID C C Z J L FO Z r. I Y F= £LATER PARR\iLT£R CODE ABOVE NAME AND UNITS BELOW EFF INF❑ FC- 5 D uv d— A HRS I HRSI 17BIN MGD ° C UNITS /L MG/L MG/L MG/L 1#/IOOML h1C/L MGlI" MG/L 1 I 2 --, -7,I Y ^W I ,.. ID. I I I I 3 i L 3tJ �'. L •4 L I 4 ljri r.- y I I I I i 5 It° 1I I I I 6 jr,•j I,e I I I 7 cz 10 J y I : r 11 451� .c i 12 y' Y vS� 'IC 13i ' iL yc 50 14 is 1 15 1U I 16)260 1.0 ?5 17 i" oJ.• b2 III III 18 yY zZ` �Q. I 1 2 4) Y I( 20 ZD i.11 Y II 21 w f1 221(Y4 U I 53f : 23 ZZ1 D W > 241213 'I 1 0` I I 25li ),& oN 1 26 yc r- ! i II IIj 27 .( I 1 29 jJ�'L :.: 430 , 3 17 1 -y IZ,.C.%II . 1 1AVERAca _.. MAXIMUM a I MINIMUM Comp.(C)/Grab(G) i` MonWy L mlt o, 64- DW Q Fc= M R 1 t11,04) Facility Stabs: C is cie` k one of the fDIbw -hg) A Ilm cn1b::iM data and s3<pii;zg 5zque>:»m eetpe= iLzquxtsn ents a%=1x iV w ems' aveages, .if appliah7e) C o:r, Pam'" A llm one =)g da-. and sin pLr3 fiza?ue-zcm s do N O T m eetpe:-��n n =ueats [::�� ` N onc=n piiM:t The Pant =ee &1a]l=po=tD tine D it3a=r or the app=pdate R eTkn O f% any noncom price thatpot -=nMW t uma="Spubli: he--Itii orthe ffw.b= m ezt Any m^.an ation s-znbep=vs3a3 c)mDyw ih-h 24 hours f=m the tine the PE--r =ta-- been e aw axe of the c== n s = n^es. A w =7-n sdan i= Shal abe Pied w ±hh 5 days of tie = e t ae pem =Be be=n es aw are of tine =sn snzaes. If the fact ty is nonccrn pliant, phe attach a l�-- of c =a=:h7e aemns be:hg taken and a tin e-mble fear improvemenistobemadeasrquira by Part IIE.6oftheNPDESpE=ni` "I �fY, tu�3�1y of bta , thatthis doa>rtt �z`�azd aIla�ytt eats w ere pzepaz133 tznderm y d��on or T,r,a�z �*+n a: a=xdance with a sysuxn desi pea tD acg „P tiat-71allflEd ne=,Papmpe=}' gatherand evaluate the nf:j-n atnn sk n ated. B asa3 on my h4u:�y of the pew orpe=s w ho m a wged the system , or those puns d±z�-�, z rszb� fDrgat-1-=g tine mfDan atstn, the infDnn aton sab:tt =d is, to the bestofm y knew h5ge and be?mf, tue, ac- -t ab a-xd c m per. Ian aw am thatti-jem am sr�ifr�zt pa � �rsai�tt =ng fi]se nfnzm ataon, aic3udaig the posmb of fines a-zd in p=zZtt Ent for know ix3 violations Pem =ee (P 1— prht or tape) e� Si3rza ofPeur.itlee*** Dam Qte� ' uahss s.zbtn i=r=3 e-b=nral�') 11 Pe�_�Addms P1L3Eidu be: Eina1 Pam. ��z:> am ADDIrZ7NAL CERTIFFIED LABORATORIES C erf..fie. LabozatDry (2) K `: G�J i. fj ; C erafi:atbn N o . 559 C eLl � L abozatDry (3) C erdfrat bn N o . C erdfed L abozatDry (4 ) C ett Labozat ory (5) PARAM ETER CODES ■ r__ &n • Mnar OHA• PazaneterCode a�^^'maybecbaszedbycaMjVtineNPDESU=at(919)733-5083 orbyv==nl Sze Seim W ate Pmta�n Se=[in'swEbsite a`h2o �=5a..nci:s4: and b the irnn mf:) n atizr. pages. u se a* tmi6 of easimm entcesrmattEd n the :EEPC=-r-1= ,'sN PD ES perm it f=rz pozbng data. N o : b D > zaxge F ran Si!]--: C he i tils box if no dis±1ape rrrL= a -Ad, as a m-u l- n� am no d= g ue G (, 11: H entt> ' for aI1of the paean eters on the DM R fDr the Entmem an==)g pemd. '* 0 R C 0nSite? : 0RC mtstvist aid do=ez ofas ,r�r-u**—+pe:15A NCAC BG 11204,. . _ S#7-tsure of Penn one: Lf--6xied by oth than thepe:m ittee, thm tle of the signatory authasty m ust be on FhwiththeE'-n Perl5A NCAC 23 D506b)CM). Pam 2 PITCO 211 Pebble Creek Crossing Fort Mill, SC 29715 803-548-5909 Facility non -compliant, daily and monthly BOD exceedence 5/19/05. There is no reason for this high of a BOD. Effluent was clear and all other weekly parameters were well within the limits. 1 checked for lab error and they ( Test America ) could not find any problem. All the other monthly BODs were within limitations. I personally feel this was a lab error. James D. Allison ORC Permit NCO 04 7 1 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 0.040 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 13.0 mg/L 19.5 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 2/Month Composite Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent pH1 Weekly Grab Effluent Temperature (°C) Weekly Grab Effluent Total Residual Chlorine' 28Ng/L 2/Week Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 2. Limit takes effect June 1, 2005. Until the limit takes effect, the permittee shall monitor TRC (with no effluent limit). There shall be no discharge of floating solids or visible foam in other than trace amounts. O� W AT FR Michael F. Easley, Governor William G. Ross Jr., Secretary QG North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Direct r Division of Water Quality i, September 19, 2005 _ Logan Boggs D 0 U E Silver Maple Mobile Estates f5 2$12 Plantation Rd Concord, NC 28027 SEP 2 0 SUBJECT: Payment Acknowledgment NC DENR MRO Civil Penalty Assessment DWQ -A uifer Protection Silver Maples Community Permit Number: NCO047091 Case Number: LV-2003-0521 Cabarrus County Dear Mr. Boggs: This letter is to acknowledge receipt of check number 002153 in the amount of $285.04 received from you dated September 13, 2005. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Frances Candelaria cc: Enforcement File #: LV-2003-0521 JQ,Mooresville Regional Office Supervisoli Central Files Now hCarolina ,Naturally 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 WACHOVIA BANK, N.A. 886 CHURCH ST. NORTH CONCORD, NC 28025 Date Check No. 9/13/2005 002153 66-1030 531 Check Amount $285.04 Two Hundred Eighty Five AND 04/100 Dollars VOID IF NOT CASHED WITHIN 90 DAYS WITHIN DATE OF ISSUE Pay to the order of: N.C. DEPT. ESF DIV.ENVIRONMENT & OF WATER QUALITY 'L RESOURURC 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 — Michael F. Easley. Goverr�r, William G. Ross Jr.. Secretary No th C-- oiinL Dcp:.rzmcrn ofEnvironmenl and Natural Resources .Iy Alan W. VJimek. P. E.. Director r► i� —I Division of Water Qualm- Coleen H. Sullins. Deputy Director Division of Water Quality, July 30, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Logan A. Boggs Tower Management Company 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Dear Mr. Boggs: 7001 2510 0004 8286 6792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. N00047091 Silver Maple Mobile Estates WWTP Case No. LV-2003-0521 Cabarrus County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $285.04 ($200.00 civil penalty + $85.04 enforcement costs) against Mr. Logan A. Boggs (Permittee for the Silver Maples Mobile Estates WWTP). This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Mr. Logan A. Boggs for the month of April 2003. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A. Boggs: -7vA —�_DEt� ' Mooresville Regional Office, 919 North Main Street, Mooresville. North Caroiina 28115 Phorr_ 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 A j �9 Michael F. Easley. Governor William G. Ross Jr.. Secretan y r North Carolina Dcparrent ofEnvirormem and Natural Resources > Alan W. Klimek. P. E.. Director Division of Water Qual in, Coleen H. Sullins. Deputy Director Division of water Qualin, July 30, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Logan A. Boggs Tower Management Company 80 South Lake Avenue, Suite 719 Pasadena, California 91101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO047091 Silver Maple Mobile Estates WWTP Case No. LV-2003-0521 Cabarrus County Dear Mr. Boggs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $285.04 ($200.00 civil penalty + $85.04 enforcement costs) against Mr. Logan A. Boggs (Permittee for the Silver Maples Mobile Estates WWTP). This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Mr. Logan A. Boggs for the month of April 2003. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A. Boggs: AMA. F•A Mooresville Regional Office, 919 North Main Streit Mooresville. North Carolina 28115 Phone- 704-663-1699 Cusromerservice Fax 704-663-6040 1-877-623-6748 $ 0 For 0 _ of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Flow. $ 200.00 For 2_ of the two (2) violations of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Fecal Coliform. $ 200.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 285.04 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. 14313- 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within 1higy days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. R�l?.i 3 0. 2 o 0 7 /pate) ATTACHMENTS 4, 2e, D. Rex Goon, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments I' i= Limit Violations, April 2003 Parameter Flow Parameter Fecal Coliform Attachment A Mr. Logan A. Boggs Silver Maple Mobile Estates NPDES Permit No. NCO047091 Case Number LV-2003-0521 Monthly Average Limit Violations Reported Value Limit 0.044 0.040 Daily Maximum Limit Violations Reported Value Limit 5600 *, 580 * 400 * denotes assessment of civil penalty. Units MGD Units #/100 m1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cabarrus IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mr. Logan A. Boggs ) PERMIT NO. NC0047091 ) FILE NO. LV-2003-0521 Having been assessed civil penalties totaling $285.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 30, 2003, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2003 BY ADDRESS TELEPHONE EFFLUENT NPDES PERMIT NO. N�' CAD t'I�(�q DISCHARGE NO- 0nI �I ONTH 2iL YEAR ., L/ � FACILITY NAMEM013 IUE MESS CLASSY COUNTY rzus Vp OPERATOR IN RESPONSIBLE CHARGE (ORC) GRADE PHONE(�}i5- 59 05 CERTIFIED LABORATORIES (1) T�1- lqi"E (Li C+ (2)_ 1� 2iSM CHECK BOX IF ORC HAS CHANGED 0 PERSON(S) COLLECTING SAMPLES_, I�• CL+ SIN Mail ORIGINAL and ONE COPY to: J ATTN: CENTRAL FILES x 5"ZZ-O 3 DIVISION OF WATER QUALITY (SIGNATU F OPERATOR IN RESPONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SI TURE, I CERTIFY THAT THIS REPORT IS RALEIGH. NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 1 _ FLOW W60f wa4 U1`' WN-Ly � ►I�trta I u►�cy ENTER P rIE CODE ABO\'E In ZOO La Z a L *TAME A. S BELOW <` a INF ❑ y < Z C< O O Y Ov mJ =U CZ �a�0. 40 rz r= s, O < < V C� 7 MG/L lHRS1HRS1 Y/B/N I MGD 1 °C I LNITS 0 UG/L MG/L I 11G/L I \IG/L I#/100ML1 MG/L MG/L MG/L I Z: j.o'' 121; Z I Y • o 1A Q .-1 Z Z 1 3.37 18. 4 31 f4m 1.1 y jq:: I 1 1 4I12,011.0 I Y I OZO I II 1 I I f 71 1:1.3 Y -b 1 5 .5 a051 1 I i4 i ► I 1 SlIZZ51 1- - 1 91i tSl � ` 7 �Sy:: �.� 3;�!�!► 'I 7.(�I row ',L {� . � .� . ��b; lobt� 5! Y I I I I I I I - _! I- `�w• J'..�3 1121 I I I. my I I II 1 I '1 141 , 7 1 Y ,. qy I I I o l t I I I 003 15112101. G ` -I Obc 1-7 I b. fe' 51 1 3-7io -2A_ 161j091 S I Y 1 7 I I _...1 . . 181 140a0fiy 4't 1 1 tr!T ,DfIhI I. «,��— 1 19 I 1 2 i j 1 i 1 .a `- .;_� ¢!. col 121: If 0, ,t�I: y I .G` t a07:. 3.ZS Ioi I I I 33 • ,.Y 1 y 032 �4 to .10y I. z I 1 25 iZp l y i . , `r 1 261 1 °1 1I I I I I I I I 1 �7 1281 2j011.0 I 1 1 % i'D 1301 t151 t' Y JIL931 l I I I 1 77777 AVERAGE eqL1 0.�5 1'�•`�� G.N� 110.1v 1 3,J 1 1I 1 MINrML^vl GTJ I {J . IP Q. � Z Z A 7i I I 1 Monthly Limit IF1. E/`f0 1 ./ I (D� / 113l19.S1 IcY 7J I I I I DWQ Form MR -I (01/00) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements _ F7 Compliant All monitoring data and sampling frequencies do NOT meet permit requirements 71 `Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time -table for improvements to be made. NL(*_- W9103 I 41ZOII03 rl)lcl - 11? nAl� - 01) tD quil y ?t4C oiouuR is MA;n6urz/;.�co 4iLiL*, S-OM nur ro eatrSK r'�r, � QS W1 IAmf..rZ4 "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for Mowing violations." c71 Lu r� t`V"l�� P ' tee (Please print or type) 5 Z -03 Signa a of Permittee" Date (Requ ed) rel Permittee Address 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Suspended. Residue 00545 Settleable Matter S6 W61 rj /nb- one Number PARAMETER CODES 00556 Oil & Grease 00951 Total Fluoride-. 01067 Nickel 00600 Total Nitrogen 01002 Total Arsenic. 01077 Silver 00010 Ammonia Nitrogen 01092 Zinc 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00630 Nitrates/Nitrites 01032 Hexavalent Chromium - _ 01034 Chromium 00665 Total Phosphorous 00720 Cyanide - 01037 Total Cobalt 00745 Total Sulfide 01042 Copper 00927 Total Magnesium 01045 Iron 00929 Total Sodium 01051 Lead 00940 Total Chloride 01062 Molybdenum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS _ - 39516 PCBs 50050 Flow o3 Exp. Date 50060 Total Residual Chlorine 71890 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/was and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility r 94r 15A NCAC 8G .0204. ** If signed by other than the permittee, delegation on file with the state per 15A NCAC 2B .0506 (b) (2) (D). J A. (1.) EFFLUENT LINUTATIONS ANC MOl�i T ORLNG REQUIREMEti'TS — F ?AL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily I Maximum Measurement Frequency Sample Type Sample Location Flow 0.040 MGD I Continuous Recording Influent or Effluent BOD, 5-day (20°C) 13.0 mg/L I 19.5 mg/L Weekly I Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3as N ( I I ( 2/Month Composite Effluent Fecal Coliform (geometric mean) 200/100 ml I 400!100 ml I Weekly Grab Effluent Total Residual Chlorine I I I 2/Week Grab Effluent Temperature (°C) I Weekly I Grab Effluent pH1 Weekly I Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director June 16, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Chet DeBoard, Manager 7003 2260 0001 3552 3405 Silver Maple Mobile Estates 2812 Plantation Road Concord, NC 28027 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2005-LV-0296 Silver Maple Mobile Estates NPDES Permit No. NCO047091 Cabarrus County Dear Mr. DeBoard: A review of the March 2005 self -monitoring report for the subject facility revealed a violation of the following parameter: Pine Parameter Reported Value Limit 001 Flow 0.041 MGD 0.040 MGD FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, r D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch _;3m: Mooresville Regional Office One 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 NorthCarohna Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o. enr. state. nc. us NahmallY An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REOUESTED Mr. Chet DeBoard, Manager Silver Maple Mobile Estates 2812 Plantation Road Concord, NC 28027 Subject: Dear Mr. DeBoard: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director February 21, 2005 7003 2260 0001 3551 8272 Notice of Violation - Effluent Limitations Tracking #: NOV-2005-LV-0105 Silver Maple Mobile Estates NPDES Permit No. NCO047091 Cabarrus County A review of the December 2004 self -monitoring report for the subject facility revealed a violation of the following parameter: Pine Parameter Reported Value Limit 001 Flow 0.041 MGD 0.040 MGD FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, Z). 1?1�'/ D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch RMB Mooresville Regional Office One 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 NorthCarolina Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us ;Vahmallff An Equal Opportunity/Affirmative Action Employer — 50°/6 Recycled/10% Post Consumer Paper Mr.Richard Bridgeman N.C. Division of Water Quality 610 East Center Avenue Suite 301 Mooresville,NC 28115 V PITCO 12/17/2004 xC DEPT. 07 P-AgRONMENT AND t!,�a " PT!rOURCES M09r ^ L OFFICE �JAT7`` JAN 0 6 200` Subject: Notice of Deficiency Compliance Evaluation Inspection Silver Maples WWTP NPDES Permit No. NCO047091 Dear Mr. Bridgeman: In response to your letter dated December 14,2004. The following changes will be made at the Silver Maples WWTP Permit Section: The chain link fence will be repaired and a gate for access to the outfall will be installed. This work will be done with the construction of the dechlorination unit around the first of 2005. Operations and Maintenance: Measurements have been taken of all exposed areas of the facility and will be covered Record Keeping: All records are kept for a minimum of 3 years and sludge handling kept for 5 years. All records will be stored on file at the managers office for review. Effluent Sampling: I am in the process of purchasing some ISCOs (model #2700) from Mr. Thurman Horne. These samplers should meet all the necessary requirements for flow proportional sampling. Effluent Pipe: Please refer to the Permit Section. If you have any questions, please call me at 704-562-7687. Sincerely, Ja D. Allison ORC cc: Mr. Chet DeBoard Mr. Jonathan Boggs (Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources o�*< July 12, 2004 r Logan Boggs Silver Maple Mobile Estates 2912 Plantation Rd. Concord, NC 28027 SUBJECT: PAYMENT ACKNOWLEDGMENT CIVIL PENALTY ASSESSMENT Silver Maples Community Cabarrus COUNTY PERMIT NO: NCO047091 LV-2004-0209 Dear Mr. Boggs: Alan W. l(limek, P.E. Director Coleen Sullins, Division Director Division of Water Quality iv,:t)EPT. OF EWROOM, AND NATURAL RESOURM MOORE!"` -'^WAL OFPKE -N JUL 1 4 2W WATER QUALITY SECTION This letter is to acknowledge receipt of check No. 001652 in the amount of $285.04 received from you dated July 2, 2004, This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L. Sledge at 919-733-5083 Ext.547. Sincerely, �cT Coleen Sullins Water Quality Section cc: Enforcement File #: LV-2004-0209 d� SuP sor Central Files A TF,9QG 7 r Michael F. Easley, Ga for William G. Ross Jr., Secretary V, North Carolina Department of Environment and Natural Resourm Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 14, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Logan A. Boggs Tower Management Company 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Dear Mr. Boggs: 7003 2260 0001 3550 1724 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO047091 Silver Maple Community WWTP Case No. LV-2004-0209 Cabarrus County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $285.04 ($200.00 civil penalty + $85.04 enforcement costs) against Mr. Logan A. Boggs (Permittee for the Silver Maple Community WWTP). This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Mr. Logan A. Boggs for the month of February 2004. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina Gpneral Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A- A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A. Boggs: Division of Water Quaiity, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer service 1-877-623-6748 $ 0 For 0 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Biochemical Oxygen Demand. $ 100.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand. $ 0 For 0 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Total Suspended Residue. $ 100.00 For a)(61_ of the one (1) violation of G.S. 143- 215.1() and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Fecal Coliform $ 200.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 285.04 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Environment and Natural Resources (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 Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B- 282. 1 (b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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 "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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, 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 the violations are of a continuing nature not related to operation and/or maintenance problems and you anticipate remedial construction activities then you may wish to consider applying for a Special Order by Consent If you have any Questions about this civil WpWty assessment or a Special Order by Consent. please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. LM-Z49 00 (Date ATTACI MNTS D. Rex GI n, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Comphance/Enforcement File w/ attachments Central Files w/ attachments ' I: Attachment A Mr. Logan A. Boggs Silver Maple Community WWIP NPDES Permit No. NCO047091 Case Number LV-2004-0209 Limit Violations, February 2004 Monthly Average Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 13.9 13.0 mg/L Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 27.2 * 19.5 mg/L Total Suspended Residue 46.0 45.0 mg/L Fecal Coliform 1500 * 400 #/1.00 ml * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cabarrus IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mr. Logan A. Boggs ) PERMIT NO. NCO047091 ) FILE NO. LV-2004-0209 Having been assessed civil penalties totaling $285.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 14, 2004, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2004 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0209 Assessed Party: Mr. Logan A. Boggs Permit No. (if applicable): NC0047091 (Silver Maple Community WWTP) County: Cabarrus Amount Assessed: $285.04 Please use this form when requesting remission of this civil penalty. You must also complete the "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 applies. 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 ri. e., explain how payment of the civil penalty will prevent you from per the activities necessary to achieve compliance). EXPLANATION: ':Pi )FS 11FR 1IT NO �i f �L l� y 1 I IIS('I IAR(ll NO-421L '\1ovrl 1 rrl-i �l • ; \�'Il.rrl N \NIL• /17��-- 1 P*i KATOK IN RL••SI'\\NSI[1LF r t:KTIFIEI\ ;_:\IsC>I::\TORIE: , i ('lll-('K BOX IF OR(' HAS CHAN't:l•:I) I'(atS(1N, ' 1 1l.l.l ("1'IN( ', •'l,\IPLFS ir�LC�— a} 1 DI\ ISIO\ OF \\.\TER Q ALITl' tiIG\ I't'1 L017(11'l.-KAT(IR IN PESIVNSIL'LI ('I I,\RUF, 16I" MAIL S1:It\'i('I: ('I•:\TI:K I I(1"t'IIh Suj\,\ 1'I ItI:. I ('I:x'i'II'\"i'It:\'I"1'lll� Iti;PUlt'I' Iti It \1.1:1(:11. \( WCURA'IT \NU ('(l\il'LI 11 1,01,111 61:S I' (IP \I\ KNOWLEDGE ' �II(1:11 111111I11 IIIIJI111 dlllt.11 1111iIU Illlnlll � 1111�ti11 �IUIa I111.(1111 - 1111(.I111 11111,6� --- e 1 Lcl\\ 0401 1WU4 • 7. ! I_ \.\\(t .aNn•l _ i _ r HxSI IIRS: 1.1V\ NIGD ( UNITS 1 ❑ t (..L.I \1(Jl. \I(..1. 1 \I(.A. Ibl11111MI.: \1G3. \1(..I. \I(:ll. i I = ill' Io Y ';�J 1 �� IIx. .,; i y v 3 I I i i i I I APR 2 2 200, z3z i'j 113f - Y c, z 12 Lo. 21 I i -�i�;;•�I .tf � y ,%3� i t7.' '� ✓ i Z �l�i Z3�=' : i�ool i i i-.��,..,, Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant. please comment on corrective actions being taken in respect to equipment. operation, maintenance. etc.. and a time -table for improvements to be made. "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or super,,ision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons* directly responsible for gathering the information, the infurmatiun submitted is. to. the best of my lsowledge and belief, true, accurate. and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for }sowing violations." Perm ase prim[ or type) I1 _ 'gnat of Permittee-- Date (R ed) �iZ Pb: NrArio j Zn AKI?i5LL Nd Z8o27 (qCY4) 7�-5577 6 Permnttee Address Phone Number Permit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) iM9 5 CunduLtivi[y 00300 Dissolved Oxygen 00310 BOD_< 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter PARAMETER CODES 00556 Oil & Grease 00951 Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Cadmium Nitrogen 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01034 Chromium 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 50060 Total Residual Chlorine 01147 Total Selenium '71880 Formaldehyde 31616 Fecal Coliform 71900 Mercury 32730 Total Phenolics 81551 Xviene 01037 Total Cobalt 34235 Benzene 01042 Copper 34481 Toluene 01045 Iron 38260 MBAs 01051 Lead 39516 PCBs 01062 Molybdenum 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by -*!siting the Water Quality Section's web site at h2o.enr.state.nc.us/was and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. If signed by other than the permittee. delegation of signatory authority must be on file with the state per 15A NCyC '_B .0506 (b) i (D). (omit tiC 00-}?t A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration. the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 0.040 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 13.0 mg/L 19.5 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 2/Month Composite Effluent Fecal Coliiorm (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent pH, Weekly Grab Effluent Temperature (°C) Weekly Grab Effluent Total Residual Chlorine' T- 28Ng/L 2/Week Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 2. Limit takes effect June 1, 2005. Until the limit takes effect, the permittee shall monitor TRC (with no effluent limit). There shall be no discharge of floating solids or visible foam in other than trace amounts. �,- 1�R). 6 O�O� W A July 1, 2003 Mr. Eddie Turner 2812 Plantation Road Concord, North Carolina 28027 Subject: Dear Mr. Turner: Michael F. Easley, Governor / William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Notice of Deficiency Compliance Evaluation Inspection Silver Maple Mobile Estates NPDES Permit No. NCO047091 Cabarrus County, NC Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on June 18, 2003 by Mr. Barry Love of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report to him. It is requested that a written response be submitted to this Office by July 15, 2003 addressing the deficiencies noted in the Facility Site Review / Operations and Maintenance and Effluent / Receiving Waters Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. The report should be self-explanatory; however, should you have any questions, please do not hesitate to contact Mr. Love or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Cabarrus County Health Department As«A NCD CUR Mooresville Regional Office, 919 North Main Street, Mooresville, North Carolina 28115 Phone 704-663-1699 Customer Service Fax 704-6663-6040 1-877-623-6748 United States Environmental Protection Agency Forth Approved. EPA Washington, D.C. 20460 OMB No. 2040.0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I„I 2 I S I 31 NCO047091 111 12 03/06/18 117 18 I C I 19 I c I 20 Li Ll LJ LJ U Remarks 21111I111I11I11111111111111111111111111111111111166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------- ---- Reserved----------- 72 L„J 73 L 74 751 67 I 2.0 169 70 L,J 71 il„JI I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12:40 PM 03/06/18 01/02/01 Silver Maple Mobile Estates Exit Time/Date Permit Expiration Date 2812 Plantation Rd Concord NC 28027 01:20 PM 03/06/18 03/11/30 Name(s) of Onsite Representative(s)Mtles(s)/Phone and Fax Number(s) Other Facility Data James D. Allison/CRC/803-548-5909/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Eddie 7urner,2812 Plantation Road Concord NC 28027/Marager/704-786-55N 47888945 o77/7 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ?low Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Rece-wing waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) PERMIT: The permit adequately describes the WWTP. (cont.) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Barry F Eve MRO WQ//704-663-1699/704-663-6040 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699/704-663-6040 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. RECORDS AND REPORTS: The Operator -in -Responsible Charge (ORC)/daily operation and maintenance log and process control data were reviewed during the inspection. These records were organized and well maintained. Lab records were not available for review during the inspection and are not being kept by the permittee. The permit requires that the permittee shall retain records of all monitoring information for at least 3 years from the date of sample, measurement, report or application. FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE: The subject facility appeared to be operating properly at the time of inspection. Screenings are disposed at the county landfill. Several grates (to cover the treatment works) were missing resulting in very hazardous conditions. The ORC reported that the permittee was in the process of acquiring new grating. Some of the safety chains were down and railings were rusting. Please be advised that the permit requires that the facility be properly maintained at all times. A process control program consists of DO, pH, and settleability tests. Sludge wasting is based on settleability tests. The facility is staffed with appropriately certified operators. The ORC was very knowledgeable of the treatment processes and equipment used at the facility. LABORATORY: Prism Laboratories, Inc. (Certification #402) in Charlotte, N.C. has been contracted (via Test America, Inc.) to provide analytical support. The ORC has been issued a laboratory certification (#5032) to perform on site field analysis. Please refer to the report by Mr. Chet Whiting of the Division's Laboratory Certification Unit concerning the ORC's laboratory practices. EFFLUENT/RECEIViNG WATERS: The effluent was clear with no solids and no foam. The outfall location was not accessible. The facility shall provide safe access to the outfall location (including the addition of a gate and accessible trail if needed) to allow the ORC and regulatory officials the ability to observe the impact on the receiving stream. The permit requires that the facility be properly operated and maintained at all times. SELF -MONITORING PROGRAM: Self -monitoring reports were reviewed for the period May 2002 through April 2003. A daily maximum fecal coliform limit violation was reported on July 9, 2002. The Division has previously addressed this violation. Daily maximum fecal coliform limit violations were also reported on April 9 and April 29, 2003. A monthly average flow violation was reported for April 2003. These violations will be addressed under a separate letter from this Office. All monitoring frequencies and sample locations appeared correct. Composite samples are collected flow proportionately. The ORC must ensure that the preset gallon interval between the collection of samples does not exceed 1/24 of the expected flow. FLOW MEASUREMENT: Effluent flow is measured continuously by a cable type flow meter with totalizer and strip chart recording. B. W. ALLEN of Charlotte, N.C, annually calibrates the flow meter. The flow meter was last calibrated on April 24, 2003. SLUDGE DISPOSAL: Sludge is removed by Liquid Waste, Inc. of Charlotte, N.C. and disposed at either an approved land application site in Wadesboro, N.C. or a CMU WWTP. CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Eddie Turner, Manager Silver Maple Mobile Estates 2812 Plantation Road Concord, NC 28027 Subject Dear Mr. Turner: 16'�✓ Michael F.tAGoAvcrnor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality October 30, 2003 7001 2510 0004 8287 5054 Notice of Violation - Effluent Limitations Silver Maple Mobile Estates NPDES Permit No. NCO047091 NOV-2003-LV-0234 Cabarrus County A review of the August 2003 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Limit 001 Fecal Coliform 560/100 ml 400/100 ml FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcement Unit Mooresville Regional Office, 919 North Main Street, Mooresville, North Carolina 28115 n WDEM Phone 704663-1699 Fax 704-663-6040 Customer Service 1-877-623-6748 M44D r iy Performance Annual Report Fiscal Year (July 1, 2002 — June 30, 2003) Silver Maples Estates NC 0047091 N" Tat CKQUAW i i act IIUN This report generated in compliance to applicable NCDENR requirements for the Performance Annual Report. David B. Pittman, CHMM, QEP 112 Shadow Lane Cayce, SC 29033 8031796-4157 AUG 2 2 2003 1. Generallnformadon Facility/System Name: Silver Maples Responsible Entity: Eddie Turner Person in Charge/Contact: Eddie Turner Applicable Permit(s): NC 0047091 Description of Collection System or Treatment Process: (1) Bar screen (2) Grit chamber (3) Primary clarification (4) Aeration (5) Re -aeration (6) Final clarification (7) Chlorine contact chamber with tablet chlorination (8) Effluent flow measurement (9) Aeration sludge holding tank (aerobic digester) 2. Performance Overall performance: Except deficiencies noted below, the facility has met its NPDES permitted water quality parameters of BOD(S), pH, fecal coliform, flow, and ammonia (no limit requirement). A. Daily fecal coliform violation for the month of July 2002 as per letter from NCDENR dated November 6, 2002. This was corrected the following reporting period. B. Notice of violation an L V ( see NCDENR List of Case Types pdr file) occurred in August 2002 as reported in the Daily Monitoring Report(DMR). The violation was corrected the following reporting period. C. Notice of violation for an LV (see NCDENR List of Case Types pdr file) occurred in November 2002 as reported in the Daily Monitoring Report(DMR). The violation was corrected the following reporting period. D. A Daily Monitoring Report violation for fecal coliform in April 2003 Potentially due to the flow capacity exceeding the permit limitations of the facility flow. 3. Notification This document is available for review at the management office of Carolina Village. A public notification form declaring where the report is available and who to contact has been issued to all affected residents. 4. Certification I, , as the responsible entity, do ascertain to the best of my knowledge that this report is accurate and complete in compliance with NCDENR regulations. For complete details concerning the compilation of data and information contained in this report, contact the consultant David B. Pittman, CHMM, QEP. The information provided in this report is based upon a thorough review of the ORC (Operator Responsible in Charge) logbook of the facility, NCDENR and EPA documents and databases pertaining to the facility and/or permit violations. c, NED RE AUG 4. ?. 7203 T_,- 4;;AL:T �CilO`J Performance Annual Report Fiscal Year (July 1, 2002 — June 30, 2003) RECEIVED Silver Maples Estates NC 0047091 DWQ-WARD This report generated in compliance to applicable NCDENR requirements for the Performance Annual Report. David B. Pittman, CFDVW, QEP 112 Shadow Lane Cayce, SC 29033 8031796-4157 MCDEPT. OF ENVIRONMENT AND NATURAL RESOURCES 00MESVILLr--- -"I AL OFFICE Ri SEP 0 5 2003 rr 1. Generallnformation Facility/System Name: Silver Maples Responsible Entity: Eddie Turner Person in Charge/Contact: Eddie Turner Applicable Permit(s): NC 0047091 Description of Collection System or Treatment Process: (1) Bar screen (2) Grit chamber (3) Primary clarification (4) Aeration (5) Re -aeration (6) Final clarification (7) Chlorine contact chamber with tablet chlorination (8) Effluent,flow measurement (9) Aeration sludge holding tank (aerobic digester) 2. Performance Overall performance: Except deficiencies noted below, the facility has met its NPDES permitted water quality parameters of BOD(S), pH, fecal coliform, flow, and ammonia (no limit requirement). A. Daily fecal coliforM violation for the month of July 2002 as per letter from NCDENR dated November 6, 2002. This was corrected the following reporting period. B. Notice of violation an LV (see NCDENR List of Case Types pdr file) occurred in August 2002 as reported in the Daily Monitoring Report(DMR). The violation was corrected the following reporting period. C. Notice of violation for an L V ( see NCDENR List of Case Types pdr file) occurred in November 2002 as reported in the Daily Monitoring Report(DMR). The violation was corrected the following reporting period. D. A Daily Monitoring Report violation for fecal coliform in April 2003 Potentially due to the flow capacity exceeding the permit limitations of the facility flow. 3. Notification This document is available for review at the management office of Carolina Village. A public notification form declaring where the report is available and who to contact has been issued to all affected residents. 4. Certification I, , as the responsible entity, do ascertain to the best of my knowledge that this report is accurate and complete in compliance with NCDENR regulations. For complete details concerning the compilation of data and information contained in this report, contact the consultant David B. Pittman, CHUM, OEP. The information provided in this report is based upon a thorough review of the ORC (Operator Responsible in Charge) logbook of the facility, NCDENR and EPA documents and databases pertaining to the facility and,'or permit violations. State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 10, 2003 Mr. Logan A. Boggs Silver Maple Mobile Estates 2812 Plantation Road Harrisburg, North Carolina 28075 114, NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Draft NPDES Permit Permit NCO047091 Silver Maples Mobile Estates Cabarrus County Dear Mr. Boggs: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant change from your current permit: ➢ A total residual chlorine (MC) limit has been added to this permit. The limit will take effect 18 months after the effective date of the final permit. See the attached TRC policy memo for details. Submit any comments to me no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in mid -November, with an effective date of December 1, 2003. If you have any questions or comments concerning this draft permit, contact me at the telephone number or e-mail address listed below. Sincerely, Dawn Jeffri s NC DEFT. OF EI�W NMW NPDES Unit AND NATURAL RESOURCES nE1is. ORF01 r ^ iON' AL OFFICE cc: NPDES UnitIft^� resville Regional Office / Water Quality Section 3EP 1 5 2003 WATF "JUALITY SECTION 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 595 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer dawn.jeffries@ ncmail.net Permit NCO047091 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PF.RMTT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mr. Logan A. Boggs is hereby authorized to discharge wastewater from a facility located at the Silver Maples Mobile Estates 2812 Plantation Road North of Charlotte Motor Speedway Cabarrus County to receiving waters designated as Rocky River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on November 30, 2008. Signed this day tbd. Alan W. Klimek P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO047091 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Mr. Logan A. Boggs is hereby authorized to: I. Continue to operate an existing contact system with the following components: ♦ Grit/surge tank ♦ Primary clarification ♦ Aeration ♦ Reaeration ♦ Final clarification ♦ Chlorination ♦ Effluent flow measurement ♦ Aerated sludge holding tank stabilization wastewater treatment The facility is located north of the Charlotte Motor Speedway at Silver Maples Mobile Estates District WWTP at 2812 Plantation Road in Cabarrus County. 2. Discharge from said treatment works at the location specified on the attached map into Rocky River, classified C waters in the Yadkin -Pee Dee River Basin. Permit NCO047091 A. (1.) EFFLUENT LIMITATIONS AND MONITORING RE!gUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 0.040 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 13.0 mg/L 19.5 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 2/Month Composite Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent pH1 Weekly Grab Effluent Temperature (°C) Weekly Grab Effluent Total Residual Chlorine' 28Ng/L 2/Week Grab Effluent PnntnntPe- 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 2. Limit takes effect 18 months from the effective date of the permit. Until the limit takes effect, the permittee shall monitor TRC (with no effluent limit). There shall be no discharge of floating solids or visible foam in other than trace amounts. A Michael F. Easley OF W T�� Governor v NCDENR William G. Ross, Jr., Secretary r= North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality May 14, 2003 Sarah Sellers Silver Maple Mobile Estates 2812 Plantation Road Harrisburg, NC 28075 Subject: Renewal Notice NPDES Permit NCO047091 Silver Maple Mobile Estates Cabarrus County Dear Permittee: Your NPDES permit expires on November 30, 2003. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than June 3, 2003. Failure to request renewal of the permit by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after November 30, 2003, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Bob Sledge of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 547. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact Valery Stephens at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files ire 11i P -ce, Water Qualitt= Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VisrrusONTHEINTERNET@hftp://h2o.enr.state.nc.us/NPDES e-mail: valery.stephens@ncmail.net NPDES Permit NCO047091 Silver Maple Mobile Estates Cabarrus County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 State of Narth Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Willam G. Ross Jr., Secretary Alan Klimek, P.E., Director V\ MR. LOGAN A. BOGGS 2812 PLANTATION RD HARRISBURG, NC 28075 Dear Mr. Boggs: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 2, 2002 SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY ASSESSMENT SILVER MAPLE MOBILE ESTATES CABARRUS COUNTY PERMIT NO: NCO047091 LV 02-538 This letter is to acknowledge receipt of check No. 001169 in the amount of $335.45 received from you dated November 19, 2002. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations or Permits. If you have any questions, please call Bob Sledge at (919) 733-5083. Sincerely, '1k, 1, 4 Coleen Sullins, Chief Water Quality Section Cc: Enforcement File #: LV 02-538 MRO Regional Office Supervisor Central Files NC DEFT. C? DEC 1 C 2002 We o E:Y'. 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Postage $ Certified Fee v/ L{,,,E Return Receipt Fee 5 rr/� Q'�. il���e �\ (Endorsement Required) 'y Restricted Delivery Fee (r U1 (Endorsement Required) �l1� �wc (, MR LOGAN A. BOGGS GBP6--,PZ- TOWER MANAGEMENT COMPANY 80 SOUTH LAKE AVENUE, SUITE 719 PASADENA CA 91101 WQ A 1/06/02 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to Provide proof o delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver fo a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed. detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, January 2001 (Reverse) 102595-01-M-1041 F WATF `OHO 9PG Michael F. Easley Governor rWilliam G. Ross, Jr.,Secretary >_ North Carolina Department of Environment and Natural Resources < Alan W. Klimek, Director Division of Water Quality November 6, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7001 2510 0005 0288 0401 Mr. Logan A. Boggs Tower Management Company 80 South Lake Avenue, Suite 719 Pasadena, California 91101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143 -215. 1 (a)(6) and NPDES Permit No. NCO047091 Silver Maples Mobile Estates WWTP Case No. LV 02-538 Cabarrus County Dear Mr. Boggs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.45 ($250.00 civil penalty + $85.45 enforcement costs) against Mr. Logan A. Boggs (Permittee for the Silver Maples Mobile Estates WWTP). This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the wastewater treatment system's Operator in Responsible Charge for the month of July 2002. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NCO047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,1, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A. Boggs: m E[ W Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 1 800 623-7748 FAX (704) 663.6040 o $ 85.45 $ 71.75, S For of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Fecal Coliform. TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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 Environment and Natural Resources (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. Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongfully applied to the detriment of the petitioner: (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of - Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your for remission. WE 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: 'File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within the days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (bate) ATTACHMENTS D. Rex FZeason, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Mr. Donald Sellers, Silver Maple Estates Limit Violations, July 2002 Attachment A Mr. Logan A. Boggs Silver Maples Mobile Estates NPDES Permit No. NCO047091 Case Number LV 02-538 Daily Maximum Limit Violations Parameter Reported Value Limit Units Fecal Coliform 3300 * 400 #/100 ml * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cabarrus IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mr. Logan A. Boggs ) PERMIT NO. NC0047091 ) FILE NO. LV 02-538 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated , the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 ADDRESS TELEPHONE RIM , 2002 EFFLUENT sEP 2 3 2002 NPDES PERMIT NO: NC QQ 4' 10 91 DISCHARGE NO. DD 1 'TH r IC y YEAR ?,IWZ — FACILITY NAME ;�1>_ycR A) APr ;= N-Ru r= FSTA rc S CLASS 77 COUNTY CAf:�A fir. ,,_, OPERATOR IN RESPONSIBLE CHARGE (ORC) 3ANFs ]�A i i x-tip GRADES PHONE%; ��R—�F R - CERTIFIED LABORATORIES (1rvl L=zccti CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLESc— Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIV.OF ENVIRONMENTAL MANAGEMENT DEHNR P.O. BOX 29535 RALEIGH, NC 2762"535 c- (SIGNA' LE )IN16) DA `• BY THIS SIGNATURE I CERTIFY THATTHIS REPORT IS ACCURATE. AND COMPLETETO THE BEST OF MY KNOWLEDGE. EVA- t r _ v <: �' En = Fncr 50050 00010 00400 5(X)601 D03101 D0610 D05301 31616 00300 1 00600 0%65 1 FLOW M)Y.f �i C Ito WgLq 2/1tif I_ �Z e 1),ikLy Z1A4K <Z WfLy C L''— Ali i<q C „�� [: Z Z N O ENTER PARAMETER CODE ABOVE NAME AND UNITS BE..Oti EFF HRS HRS YR n1GD °C I UNITS MIL MG/L I Mc MC/L /tUon4 MG/L i MG/L MG/L 1 2001 .5 11, 1 1 1 4 <<'I -' 2,ZZ Z,q I I ! I I 3I -SI ; . y'1 ..Of .� . I I 51JZf7j _61 /IIr 6, I I I N Vl- I I I I I I .... I I I I i- _!: :.3•L•^,ram y�.V�� I EI .> I All Y l 91,U 10111KIIYI.•r I I I Etc.. I I 13:2 I 211661 •3 1 N I I I I I 17 1 1 I 15i1'.I ,V.I I ­ I .:::. Lc. t ! 161 oI� 1. I y I 07,0 I I D.y 113< 17 1: 118 i. I I NIUI 1191..� 1 _ I I ZDt .. -21 ILA 1. f I y I % 31 I II Ly,1 r0. :1I 1Q.-0 dIl 'r7I i1 I - _ 241IL!1 ; i - 1261 'I ( I I • 1 28; 1 I I 2911II0 1r,° i; I y,;i... 1 301? I .lo I I D17 31 I I I N.5 12.%1 115,Z1 Av RAG 1 > I >%. t I 1 i f �✓ I MAXIMUM rl.• 11cl-��i�) MINIMUM. I, 0i I i Z 7 1 -! 110, r1 2.I-I I ✓,: ZI ( 21, ICom...(C)[Grab (G) ( -� I — I t ili�i ��1— l 540 I Monthly Limit I O C) 40 I DE.M Form MR-1 (12J93) Facility Status: (Please check one of following) All monitoring data and sampling frequencies me- 'Permit requirements El Cpmpliant All monitorinL data and sampling frequencies do NOi' meet permit requirements iO, '.omniiant If th_ facility is noncompliant, please corrmient on corrective actions being taken in n tpect to equipment, operation, n.iintenance etc., and a time table for improvements to be made. Ia41I y FE nL L a4nuiJ 7 o-oz "I certify, under penalty of law, that this documt:.,t and all attachments were prepay =d under my dires:tion or supervision in as lance with a system designed to assure that qualified pcisonnel properly gather and evalu.!'_e the informatia.i submitted. Based on m,• inquiry of the person or persons who manage the ;-stem, or those persons directly rt••ponsible for ga'i eriag the information, the information submitt:.d is, to the best of my knowle.lge and belief, true, accurate, and ..omplete. I am o=•are that there are sitynin Pc :aloes for submitbn, false information, includini; the possibility of fines and imprisonment for know:•.tg violations." Permittee (Please print or type) Sisnat4e ot"Permittee.` Date �iviATlvn! ��; rlAl�tiIS�UP_C__&/c 9n75- C7a^) 7S -5S-7-2 _ 1 C13 _ e-nittee Address Phone Number -_rmit r=_-r.. Date 00010 Temperature 0G-17,6 Turbidity 00050 Color (Pt -Co) 00052 Color t A.DNII) 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD, OG-40 COD 00400 pH 00530 Total, Suspended Residue G0545 Setdeable Matter P '•.RAMETER CODES 00556 Oil & Grease 0(. 151 Total Fluo:ide 00600 Total Nitrogen 0!902 Total Arsenic 00610 Ammonia Nitrogen 00625 Total R:ietdhal 1111027 Cadmium Nitrogen 00630 Nitrates/Nitrites ? ] 032 Hexavalent Chromium 'i1034 Chromium 00665 Total Phosphorous 00720 Cyanide )1037 Total Cobalt 00745 Total Sulfide 1042 Copper 00927 Total Magnesium 00929 Total Sodium C :'145 Iron 00940 Total Chloride 01 151 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Alutninut 01 147 Total Sel, aium 31616 Fecal Co'.form 32730 Total Ph ., iics 34235 Benzen( 34 481 Toluene 38260 MBA.S 39516 PCBs 50050 Flow 50060 Ttal .0 nlL ,ine 71880 Fo=' lehydr- 71900 Mercw 81551 Xylene Parameter Code assistance may obtained by calling the I later Quality Compliance Group at (919) 733-50F i e tension 591 or 534. The oathly average for fecal coiiform is lobe reportcd a GEOMETRIC mean. Use only units designate, in the reporting :acii:l's permit for reporting da:a. ' O? must visit facility and document visitation of facility is required per 15A NCAC 8A OO .0_0_ 0 5 � 2(B). Other than the Pe:- vttec. delegation of signat( y authority must be or, file with the state per 15A NCAC 2B .0506 ('o) Permit NCO047091 (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS I MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow I 0.040 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 13.0 ma/L 19.5 ma/L Weekly i Composite Effluent Total Suspended Residue 30.0 ma/L 45.0 mg/L Weekly I Composite i Effluent NH3 as N 2/Month Composite Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine 2/Week Grab Effiuen? Temperature (°C) I Weekly Grab Effium pH; I Weekly Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Fast Track Worksheet Case Number LV 02 538 Facility Name Permit Number INCO047091 Previous Case Statutory Maximun $25.000 in the Last IYes per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor = 0 1 0 03 0 Q 05 6 1.00 1.00 Exit Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty Percent of the Maximum Penalty 1.00 Authorized by G.S. 143-215.6A. Comments PPP OFWAr,A O, c r O � May 22, 2002 CERTIFIED MAIL CM # 70012510 0005 0287 8019 RETURN RECEIPT REQUESTED Mr. Logan A. Boggs Tower Management Company 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Dear Mr. Boggs: Michael F. Easley 1" Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO047091 Silver Maples Mobile Estates WWTP Case No. LV 02-201 Cabarrus County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.45 ($250.00 civil penalty + $85.45 enforcement costs) against Mr. Logan A. Boggs (Permittee for the Silver Maples Mobile Estates WWTP). This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the wastewater treatment system's Operator in Responsible Charge for the month of January 2002. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A. Boggs: INME to Customer Service 1 800 623-7748 Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699 Fax (704) 663-6040 7N $ 85.45 For / of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand. TOTAL CIVIL PENALTY Enforcement costs. 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 Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: pppppp, I A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-1601 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirtv days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) ATTACHMENTS D. Rex Gleason, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments 1' : Attachment A Mr. Logan A. Boggs Silver Maples Mobile Estates NPDES Permit No. NC0047091 Case Number LV 02-201 Limit Violations, January 2002 Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 26.2 * 19.5 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cabarrus IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mr. Logan A. Boggs ) PERMIT NO. NC0047091 ) FILE NO. LV 02-201 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 0013/1IRM TELEPHONE IM 2002 FTLUE -r =" - MAR - i P1!1)ES PERMIT NO SIC o0� 10 C1 1 DISCHARGE NO. n I MON-I H J FACILITY NAME L =;Z a — �-� �= YEAR C s—a T� s CLASS T COUlv'Ty OPERATOR IN RESPONSIBLE CHARGE GRADL T CERTIFIED LABORATORIES (I)_ TEsr f ,n•, r= , PHO_NE6, �T� 1 CHECK BOX IF ORC HAS CHANGED �� h (2) prz 5 ~' —�—� ❑ PERSON(S) COLLECTING SAMPLES Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DI�'.OF ENVIRONMZ TAL MANAGEMENT (SIGNATU DEHNR ^ •• R IN RESPONSIBLE CHARG BY THIS SIGNAT RE, I CERTIFY THAT THIS REPORT IS 'DA Tt P.O. BOX ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEJGH. NNC C Z7626-(!�5 ! S(}Q50 00010 ! OtWW ! 5(HI60 11HI310 ! 1iQ610 I o0530 I 31G16 I oU300 I o>60o 5 ! 0066 L r1OW WVLy Wt;r_ t i= = �I I2 z/R.A V y W is y C U F; y g _ _, L <Z Imo. _ _ ENTER PARAMETER CODE = t% INF i- < Z = ABOVE NAME AND UNITS .:e = � — _ U Z J •^- �' — c L Z L7 'J BELOW' HRS I HRS YIN I At NIC I C I UTS I U';/L i MG/L I MG MC/L 1#/100ML I MC/L7. I MGP f Al �tt►��tpONMEP:r i ' KI IYI _I�-' `, P.11 � I /I _ Z o i k 411tJL!) I j3I Iol I r! u SOUS I .7 I Y 1i I C ! I I { ! I I ! I I ! 10,Z�r�l � 17 I .��r-s I i ► I ! ! I � -�. R:I -. i - ! � � y I �:,� - 11 ..chi .��t2: 1 ! j LEIN ! { I ! I I 18 ! , i I I I I I I 122 I I I I I �� vY ! � I .. 1 � � 1 .. 7 1 Cf - � � ' [; , I .: � �``� • I ``i i i I - ! 261 1t ! I ? / ! ` I 8 C3' 17 29:.y1I:5i 1301 L,IYI eIr ! I ! �• I '28� 3 It�� I I I I I Fj� 7{ .. 1 lo y AVERAGE 5 I {r Z ,i NU I MA.Oh,UM b / 1 MINIMUM ..._ N •Amt.°(c) arGr�ib ^�cVsK I - i Monthly Limit I rt a , Iis 1 I 1 DEM Form MR-1 (12/93) Facility Status: (Please check one of t.r - following) All monitoring data and sampling frequencies me : Permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements ­44,44 Compliant 10, ' :ompliant If the facility is noncompliant, please con -anent on corrective actions being taken in nr—,�-ct to equipment, operation, r,.'iintenartee, etc., and a time table for improvements to be made. "1 certify, under penalty of law, that this documt;a and all attachments were prepai: d under my dir=lion or supervision in aca ance with a syst"m designed to assure that qualified Pv sonnel properly gather and evalu.!':e the informatic., submitted. Based on m'• inquiry of the person or persons who manage the ;^stem, or those persons directly rt ponsible for z'i eri,�, information submitted is, to the best of my knowle.lge and belief, true, accurate, and _:om IctP. g _� the information, the penalties for submitting false information, includir._ the possibility of fines and imprisonment for know:-. g violations. that there -- signifi , Permittee (Piease print or t}Tpe) Signatu�!-e of Pertnitt=!- -3 � I Dat_ QA, 14 ! /dltl i'O f ermittee Address -I� C Z-13n 77 _ 0 -30-03 Phone Number , _rmit esp. Date 00010 Te :iprrature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity �r.3nn Dissolved oXyo .� men D0310 BODs )03-1.0 COD )0400 pH )0530 Total Susp,--nded Resid= )OS-45 Settleable Matter P ".R-A-METER CODES 00556 Oil & Grease OC 151 Total : woad-- -00600 Total Nitrogen 01902 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kjeldhal 1.11027 Nitrozen Cadmium 00030 Nitrates/Nitrites ' 1032 Htxaval 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride — tiromium 'U34 Chromium 11037 Total Cobalt 1042 Copper C !145 Iron 01 t51 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminui 01 147 Total Selo nium 31616 Fecal Cc form 32730 Total Ph ., iics 34235 Benzene 34 481 Toluene 38260 MBAS 39516 PCBs 50050 :=low 50060 ', tal R :dual rCnit Ant 71880 Fotmn' iehydc 71900 Mercu,,, 81551 Xylene 'and'peter Code assistance may obtained by calling the 1 'ater Quality Compliance Group at (919) 733-50E ! --..-tension 581 or 534. ne monthly average for fecal conform is to b-- repored a_ a GEOMETRIC meanl . Use only units designate, in the reporting �ciii }''s D=-mit for reporting data. ORC must visit facility and document visitation of facilit} is required per 15A NCAC 8A .0202 (b) (5) (B), If signed by other than the Pe.:nittee, delegation of signau -y authority must be on file with the state per 1-$�A C 2� ) B J� Permit NC0047091 ,A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until the Permittee is authorized to discharge from outfall 001. e>-piration, Such discharges shall be limited and monitored by the Permittee as specified below EFFLUENT LIMITS CHARACTERISTICS MONITORING REQUIREMENTS Monthly Weekly Daily I Average Average Maximum Measurement Sample I Sample Location Frequency Fiow 0.040 MGD I I T e Continuous Recording Influent or Effluent BOD, 5-day20°C ( ) 13.0 mg/L I 19. ma/L I Weekly Composite I Effluent Total Suspended Residue 30.0 mg/L I I 45.0 mo/L I Weekiy Composite Effluent NH3 as N I I 2/Month Composite Effluent (geometric mean) 200/100 ml ml WeeklyGrabI Effluent FFecalColiiorm Total Residual Chlorine --?N- I400,100 I� II Grab Effluent C) I I I Weekly Grab Effluent pH' Weekh' I Grab I Effluent Footnotes: I. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Fast Track Worksheet Case Number KE 02 201 Facility Name Silver Maple Mobile Estates Permit Number INCO047091 Previous Case Statutory Maximun �10,000 in the Last No per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor = • 1 O 2D 0 3 O 4 05 n 1.00 1.00 Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. 2.50 Comments Review month = January 2002 Prepared by Richard Bridgeman "�q Exit NC DEPT. OF ENVIRONMENT Performance Annual Report AND NATURAL RESOURCES Fiscal Year (July 1, 2001- June 30, 2002) adooFtEsVsr t.�. �a r-.q�{p,L OFFICE Silver Maples Estates NC 0047091 DEC 1 3 2002 This report generated in compliance to applicable NCDENR requirements for the Performance Annual Report. David B. Pittman, CHMM, QEP 112 Shadow Lane J1 Cayce SC 29033 803-796-4157 SEP ;WAATER 2002 DENR - QUALITY POINT SE BRANCH 1. General Information Facility/System Name: Silver Maples Estates Responsible Entity: Sarah Sellers Person in Charge/Contact: Don Sellers Applicable Permit(s): NC 0047091 Description of Collection System or Treatment Process: (1) Bar screen (2) Grit chamber Q Primary clari ication (4) Aeration (�j Re -aeration Final clarification (7) Chlorine contact chamber with tablet chlorination (8) Effluentflow measurement (9) Aerated sludge holding tank 2. Performance Overall performance: Except in the flooding and heavy rain incidents described below, the facility has met its NPDES permitted water quality parameters of BOD(S), pH, fecal coliform, flow, and ammonia(no limit requirement). Violations: On January 2002, a Notification of Violation(NOV) was issued for a permit limitation violation of the daily BOD(S). For the remainder of fiscal 2001, no further permit limitations occurred. 3. Notification This document is available for review at the management office of Silver Maples Estates. A public not f cation form declaring where the report is available and who to contact has been issued to all affected residents. 4. Certification I, , as the responsible entity, do ascertain to the best of my knowledge that this report is accurate and complete in compliance with NCDENR regulations. For complete details concerning the compilation of data and information contained in this report, contact the consultant David B. Pittman, CHMM, QEP. The information provided in this report is based upon a thorough review of the ORC (Operator Responsible in Charge) logbook of the facility, and NCDENR and EPA documents pertaining to the facility and/or permit violations. Performance Annual Report Fiscal Year (July 1, 2001- June 30, 2002) Silver Maples Estates NC 0047091 This report generated in compliance to applicable NCDENR requirements for the Performance Annual Report. David B. Pittman, CHMM, QEP 112 Shadow Lane Cayce SC 29033 803-796-4157 1. General Information Facility/System Name: Silver Maples Estates Responsible Entity: Sarah Sellers Person in Charge/Contact: Don Sellers Applicable Permit(s): NC 0047091 Description of Collection System or Treatment Process: (1) Bar screen (2) Grit chamber (3) Primary clarification (4) Aeration (U Re -aeration (6jFinal clarification (7) Chlorine contact chamber with tablet chlorination 68) E went flow measurement (9) Aerated sludge holding tank 2. Performance Overall performance: Except in the flooding and heavy rain incidents described below, the facility has met its NPDES permitted water quality parameters of BOD(5), pH, fecal col form, flow, and ammonia(no limit requirement). Violations: On January 2002, a Notification of Violation(NOP) was issued for a permit limitation violation of the daily BOD(S). For the remainder of fiscal 2001, no further permit limitations occurred 3. Notification This document is available for review at the management office of Silver Maples Estates. A public notification form declaring where the report is available and who to contact has been issued to all affected residents. 4. Certification I, , as the responsible entity, do ascertain to the best of my knowledge that this report is accurate and complete in compliance with NCDENR regulations. For complete details concerning the compilation of data and information contained in this report, contact the consultant David B. Pittman, CHMM, QEP. The information provided in this report is based upon a thorough review of the ORC (Operator Responsible in Charge) logbook of the facility, and NCDENR and EPA documents pertaining to the facility andlor permit violations. Performance Annual Report Fiscal Year (July 1, 2001- June 30, 2002) Silver Maples Estates NC 0047091 This report generated in compliance to applicable NCDENR requirements for the Performance Annual Report. David B. Pittman, CHMM, QEP 112 Shadow Lane Cayce SC 29033 803-796-4157 1. Generallnformation Facility/System Name: Silver Maples Estates Responsible Entity: Sarah Sellers Person in Charge/Contact: Don Sellers Applicable Permit(s): NC 0047091 Description of Collection System or Treatment Process: (1) Bar screen (2) Grit chamber Q Primary clari fication (4) Aeration (S) Re -aeration [6) Final clarification (7) Chlorine contact chamber with tablet chlorination (8) E uent,flow measurement (9) Aerated sludge holding tank 2. Performance Overall performance: Except in the flooding and heavy rain incidents described below, the facility has met its NPDES permitted water quality parameters of BOD(S), pH, fecal coliform, flow, and ammonia(no limit requirement). Violations: On January 2002, a Notification of Violation(NOP) was issued for a permit limitation violation of the daily BOD(S). For the remainder of fiscal 2001, no further permit limitations occurred. 3. Notification This document is available for review at the management office of Silver Maples Estates A public not fication form declaring where the report is available and who to contact has been issued to all affected residents. 4. Certification f, , as the responsible entity, do ascertain to the best of my knowledge that this report is accurate and complete in compliance with NCDENR regulations. For complete details concerning the compilation of data and information contained in this report, contact the consultant David B. Pittman, CHI QEP. The information provided in this report is based upon a thorough review of the ORC (Operator Responsible in Charge) logbook of the facility, and NCDENR and EPA documents pertaining to the facility and/or permit violations. SILVER MAPLES COMMUNITY 2812 PLANTATION ROAD CONCORD NC 28027 TELEPHONE 704-786-5577 FAX 704-788-8945 DONALD L. SELLERS MANAGER /* July 26,2002 North Carolina Department of Environmental and Natural Resources Mooresville Regional Office JUL C 2 919 North Main Street Mooresville NC 28115 Mr. D. Rex Gleason. - _.. In answer to your letter dated July 25,2002 concerning our answer to NOWNRE inspection report. As we stated we are definitely going to connect to the City Of Concord NC water and sewer and eliminate the waste water treatment plane we have. As to a definite date this will take place we cannot get a answer from the city due to the present draught situation and not having water to connect on new customers. There for we still ask that you work with us during this hard time and if you cannot please answer and tell us exactly what you want me to do so I can forward a copy along with our past correspondence to the Attorney General and the Governor's office to see if they can give us some relief. Thank you very kindly for all your help and I realize that your office can only do so much. Sincerely, e,6, Don Sellers. I will be retiring from this company on August 31,2002 cc to Mr. Jon Boggs I r -j V �e n 4CA, i William G. Ross Jr_. 5eaetary North Carolina Department ofEnvironment and Naural Resources Alan W. KhmeK, P.=.. Director Division o` Water Quality July 25, 2002 Mr. D.L. Sellers Silver Maples Community 2812 Plantation Road Concord, North Carolina 28027 Subject: Response to the NOV/NRE Silver Maples MHP WWTP NPDES Permit No. NC0047091 Cabarrus County, N.C. Dear Mr. Sellers: This office received your response to the NOV/NRE inspection report on June 24, 2002, wherein you advised that the subject facility was planning to eonnect to the City of Concord's sewer system. No date for connection was provided, therefore if you can not connect to the sewer system within six months, then you must immediately install an appropriate flow measurement device for flow proportional sampling. Please submit a written response to this letter by August 16, 2002 advising of your plans. Also be advised that this office will pursue appropriate enforcement for further violations. If you have any questions concerning this matter, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, i D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Cabarrus County Health Department WB IA N. C. Division of Water Quality 919 North Main 5treei, Mooresville NC 26115 Phone (7D4) 66: 1699 =AX (7D4) 663-6D40 SILVER MAPLES COMMUNITY 2812 PLANTATION ROAD CONCORD NC 28027 TELEPHONE 704-786-5577 FAX 704-788-8945 DONALD L. SELLERS MANAGER a .. Rr CS August 1,2002 �,cE North Carolina Department of Environmental and Natural Resources AUG 0 9 2002 Mooresville Regional Office 919 North Main Street Mooresville NC 28115 Mr. D. Rex Gleason. In accordance with our telephone conversation this day I understand that we need to install a flow meter at the wastewater treatment plant at the above park. I am sending a letter to the permit holder Mr. Logan A. Boggs and his regional director, his son Mr. Jonathan Boggs in Pasadena California and the ORC Mr. James Allison advising them of this. This has been pending for a long time.We have been trying to get this plant taken off line and this park connected to the City of Concord sewed system. The City is not in a position to tell us when we can get connected due to the water shortage in this area. Therefore you agreed to allow us 30 days to get this installed. We agree that this should be done and we highly advise the owner and the ORC to do so. Sincerely, Don Sellers. C�m "�" Note !!! I will be retiring from this company on August 31,2002 cc to Mr. Jon Boggs ✓ Mr. Logan A. Boggs ✓ Mr. James Allison_.,— VA. MA. z.�Silver Maples Community 2812 Plantation Road � Co cord NC 28027 Mr. Donald L. Sel rs Manager \ vvv�1 ,i r 4F,6-1%. June 14,2002 JU?q 2 4 2fl1 Mr. Richard Brigman Mr. Rex Gleason NCDENR 919 North Main Street Mooresville NC 28115 �.z Dears Sirs, In response to our inspection of May 10.2002 by Mr. Wes Bell. First I would like you to know that we have had a terrible time since Nov 2001 and I know that these things happen. In Nov I had open heart surgery,in Feb I had a aneurysm and in Mar I had my gall bladder removed. Then on May 4th Mrs. Sellers had a heart attack,had open heart surgery,came home and being a diabetic did not heal good,had to return to hospital for 10 days.I brought her home on Thursday May 30th and she DIED on June 4th. Now I will try to answer the inspection. As you can see I have been quite a busy person and have not had the time to check behind our ORC. Usually we check to make sure we are in compliance. 1. Self -Monitoring;;; The BOD violation would have been addressed if we had seen the compliance box checked on the back of the report. I should have seen this but I didn't but I have instructed our ORC so this will not occur again. We have received the notice of a civil penalty in the amount of $335.34. We ask that you rescind this penalty as will be explained later. 2. Flow Measurement;;; This flow meter was changed in 1999 and we were under the impression it was ok. Please take into consideration that we have had the flow meter calibrated and we are sending you a copy.. Since we are closing this plant ASAP and to keep spending big money on it while we are trying to save enough to get this plant off line and connected to the city is more than we can do. 3. Effluent/Receiving Waters The outfall location path was over grown but the ORC does not seem to have a problem getting to the outfall line but we will have this taken care of. I would like to recall to your attention to the fact that we are in the process of taking this waste water plant off line and connecting to the city of Concord. We have made the ppppppp— Silver Maples Community 2812 Plantation Road Concord NC 28027 Mr. Donald L. Sellers Telephone 704-786-5577 Manager Fax 704-788-8945 necessary applications, paid the fees and Mr. Bell said in his report that he has checked this out.I ask you to please be a little more patient with us as we really want to be on the city sewer service and get rid of this sewer plant. Please work with us and help us as we do not have any money to pay any fine we will have to come up with the money to connect when the city gives us to go ahead. Please feel free to check with Mr. Mark Fowler and Mr. Henry Waldroup of the city of Concord and see if what we are telling you is true. I am enclosing the last letter we sent to the city. Please respond to this letter as I need to know about the civil penalty and all the items that I have addressed. Sincerely, Don Sellers ,Gr ` 4a' SILVER MAPLES COMMUNITY 2812 PLANTATION ROAD CONCORD N.C. 28027 TEL 704-786-5577 Donald.L Selers Fax-704-788=8945 May 27,2002 City of Concord, North Carolina Mark Fowler, City Attorney Chansler, Henry Waldroup We have made application to the city to connect the Community know as Silver Maples Community to the water and sewer.Several items have come up before this can be accomplished. Number one is the fact that the city wants to have a video picture of the inside of the sewer lines that they would be using. Number two the city wants permission to have this preliminary work started. We do so state that the city has our permission to film the sewer lines, to inspect the entire system including all manholes and lift station. And we do further state that THE CITY OF CONCORD will not be held responsible for any damage arising out of this inspection as long as all work is done according to good sound business practices of those doing this type work. We further state that we have the authority to deal with the City of Concord to accomplish the installation of water and sewer to Silver Maples Community from the owners of record in accordance with a letter that Mr. Mark Fowler has on file. We also understand that we will execute the correct documents of ownership to the City of Concord and have removed any encroachment on the sewer right -a way. Any value of any asset will be used to connect any lot to city water that is not currently connected to the City and the city will connect those remaining which w' be determined by a personal on site visit by both parties. We want to go forward with this project Donald L. Sellers Date Subscribed and sworn to before me this day 20 2 In, expires_ Date Not ry for NortG Carolina SILVER MAPLES COMMUNITY 2812 PLANTATION ROAD CONCORD N.C. 28027 TEL 704-786-5577 Donald.L Selers Fax-704-788=8945 May 27,2002 City of Concord, North Carolina Mark Fowler, City Attorney Chansler, Henry Waldroup We have made application to the city to connect the Community know as Silver Maples Community to the water and sewer.Several items have come up before this can be accomplished. Number one is the fact that the city wants to have a video picture of the inside of the sewer lines that they would be using. Number two the city wants permission to have this preliminary work started. We do so state that the city has our permission to film the sewer lines, to inspect the entire system including all manholes and lift station. And we do further state that THE CITY OF CONCORD will not be held responsible for any damage arising out of this inspection as long as all work is done according to good sound business practices of those doing this type work. We further state that we have the authority to deal with the City of Concord to accomplish the installation of water and sewer to Silver Maples Community from the owners of record in accordance with a letter that Mr. Mark Fowler has on file. We also understand that we will execute the correct documents of ownership to the City of Concord and have removed any encroachment on the sewer right -a way. Any value of any asset will be used to connect any lot to city water that is not currently connected to the City and the city will connect those remaining which will be determined by a personal on site visit by both parties. We want to go forward with this project Donald L. Sellers Date Subscribed and sworn to before me this day 2002 my commission expires n -, ) Q1 Date No ary for No th Carolina Pittman Environmental 112 Shadow Lane Cayce SC 29033 Phone 803-7964157 email davidpI@prodigy.net May 19, 2002 Silver Maples Estates Ms. Sarah Sellars 2812 Plantation Rd Concotd, NC 28027 Please find enclosed the following data for the calibration of flow mearsurement fot the Silver Maples Estates wastewater treatment facility N00047091 conducted May 18, 2002: Instrumentation -Fisher & Porter model 1272A02/A018 Series 86 Figure # I IO2AA27 Range Maximum Head - 5 inches Integrator - x 10 = gals Weir - 60 degree Test 1 Flow 42,000 gallons per day(gpd); 0.29 head(inches) Test 2 Flow 46,000gallons per day(gpd); 0.30 head Test 3 Flow 50,000gallons per day(gpd): 0.31 head Test 4 Plow 46,000gallons per day(gpd); 0.30 head Test 5 Flow 46,000gallons per day(gpd); 0.30 head The fee for this service is $250 and is required annually by the NC DENR- I would like to continue this service for You in future. If there are nay questions, Contact me@803-796-4157 or email me@davidpl@prodigy.net. Sincerely, David B. Pittman, CHMM, QEP State of North Carolina Depa'rtment of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Willam G. Ross Jr., Secretary Alan Klimek, P.E., Director MR. DONALD L. SELLERS 2812 PLANTATION RD CONCORD NC 28027 Dear Mr. Sellers: 1-1 5�w NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 13, 2002 SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY ASSESSMENT SILVER MAPLE MOBILE ESTATES CABARRUS COUNTY PERMIT NO: NCO047091 LV 02-201 This letter is to acknowledge receipt of check No.001114 in the amount of $335.45 received from you dated September 05, 2002. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations or Permits. If you have any questions, please call Bob Sledge at (919) 733-5083. Sincerely, C • fi � NC DEFT. OF Ei4V:'RQN%1i:4T ESOURCES Coleen Sullins, Chief ' OFFICE Water Quality Section 0 C T 0 4 2002 Cc: Enforcement File #: LV 02-201 Central Files 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper July 16, 2002 MEMO TO: Rex Gleason FROM: Richard Bridgeman�� SUBJECT: Request for Remission of Civil Penalty Case No. LV 02-201 Silver Maple Mobile Estates NPDES Permit No. NCO047091 Cabarrus County Mr. Logan A. Boggs, Owner and Permittee of the subject facility, was assessed a civil penalty of $335.45, including $85.45 in enforcement costs, on 5/22/02, for violations occurring in 1 /02. The case covers a BOD5 daily maximum violation. The ORC apparently was unaware that the BODS limits had become more stringent (effective 1/1/01); on the DMR's, he was still indicating that the limits were 30.0 mg/L monthly average and 45.0 mg/L daily maximum, rather than 13.3 mg/L and 19.5 mg/L. The ORC also checked the Facility Status (reverse of DMR) as Compliant. The remission request is based on the fact that the facility will connect to the City of Concord as soon as possible; no date is given, but it is expected to be soon. Contrary to what is stated in the remission request, there was a previous assessment; on 6/25/93 there was an assessment (LV 93-023) of $3236.88, including enforcement costs of $236.88. $2000.00 was remitted and $1236.88 was paid. There was a Fecal Coliform daily maximum violation during 2/02, which should result in an assessment. The ORC admitted that the chlorine contact needed to be cleaned out. Within the framework of the remission factors, the permittee failed to provide justification for remission. � n �, Z �,p, = � HAWPW IN\DOC\MEMO\SLVREST.RR 4C re -ex ) �� 9 �'7. Michael F. Easley, Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources AUG 2 6 2002 CERTIFIED MAIL 7000 1530 0002 2100 4476 RETURN RECEIPT REQUESTED Mr. Donald L. Sellers Silver Maple Mobile Estates 2812 Plantation Rd Concord, NC 28027 Alan W. Klimek, P.E., Director Division of Water Quality ND DEPT. OF E 14V;R0?YMENT NlTt PA!, 7FT)LIIRCES OFFI': Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NCO047091 Silver Maple Mobile Estates Cabarrus County Case Number LV 02-201 Dear Mr. Sellers: SEA 1 2 2002 I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and have not found grounds to modify the assessment of $335.45. Should you choose to pay the full penalties, payment should be tendered to me at the letterhead address within 30 days of the receipt of this letter. Please make checks payable to the Department of Environment and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division staff will argue against any reduction of the assessment. Should you choose to present your request to the committee please notify me at the letterhead address within 30 days of the receipt of this letter. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice, your request will be scheduled on the agenda for an upcoming committee meeting. CUrSNIRM Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1 800 623-7748 (919) 733-7015 Fax: (919) 733-9612 If you have any questions about this letter, please do not hesitate to contact Bob Sledge at (919) 733-5083, extension 547. Thank you for your cooperation in this matter. Sincerely, Alan W. Klimek, P.E. cc: Mooresville Regional Office Enforcement File Central Files DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT /Lf VIOLATOR: J / L d� fZ I�RPGCJ vR1 C C' �STRt�S COUNTY: CASE NUMBER: L V U 2. 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting (r9>'ii the violation(s); 'Not Significant ❑ Moderately Significant ❑ Significant ❑ Very Significant ❑ Extremely Significant 2) The Duratio and gravity of the violation(s); Not Significant ❑ Moderately Significant ❑ Significant ❑ Very Significant ❑ Extremely Significant 3) The effect o9eground or surface water quantity or quality or on air quality; CYNot Significant ❑ Moderately Significant ❑ Significant ❑ Very Significant ❑ Extremely Significant 4) The cost of rectifying the damage; 2'Not Significant ❑ Moderately Significant ❑ Significant ❑ Very Significant ❑ Extremely Significant 5) The amount of money saved noncompliance; ❑ Not Significant oderately Significant ❑ Significant ❑ Very Significant ❑ Extremely Significant 6) Whether th�olation(s) was (were) committed willfully or intentionally; Not Significant ❑ Moderately Significant ❑ Significant ❑ Very Significant ❑ Extremely Significant 7) The prior record of the violator in complying or failing to comply with programs over which the Environmeptal Management Commission has regulatory authority; and Jd Not Significant ❑ Moderately Significant ❑ Significant ❑ Very Significant ❑ Extremely Significant 8) The cost to a State of the enforcement procedures. Er Not Significant ❑ Moderately Significant ❑ Significant ❑ Very Significant ❑ Extremely Significant Date D. Rex Gleason, P. E. Water Quality Regional Supervisor REMISSION FACTORS: () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; () Whether the violator promptly abated continuing environmental damage resulting from the violation(s); () Whether the violation(s) was (were) inadvertent or a result of an accident; () Whether the violator had been assessed civil penalties for any previous violations; and () Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Alan W. 10imek, P.E. Director STALE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATU_ ' - "-/%TT'r'jUc COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT ) WAIVER OF OF CIVIL PENALTIES AGAINST ) ADMINISTRATI PERMIT NO. NCO047091 ) STIPULATIO FILE NO. LV 02-20 Having been assessed civil penalties totaling $335.45 violation(s) as set forth in the assessment document of the Director of the I dated, M8 Y �2;— D-00.5 , the undersigned, desiring to seek re: does hereby waive the right to an administrative hearing in the above -state that the facts are as alleged in the assessment document. i7�• �G ar�y This the _ day of '1.71� 17— Year FIRM - ME, ADDRESS NC DEPT. OF ENVIRONMENT p pJp W T' RAI RESOURCES f` 1 C© &r AUG 0 5 2002 TELEPHONE State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Willam G. Ross Jr., Secretary Alan Klimek, P.E., Director Attn: Mr. Donald L. Sellers 2812 Plantation Rd Concord, NC 28027 Dear Mr. Sellers: July 8, 2002 a ` 4 Owl% moll NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED J U L 1 1 2002 NC DEPT. OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE Subject: Remission Request of Civil Penalty Assessment Silver Maple Mobile Estates Cabarrus County Permit No: NCO047091 LV 02-201 The Division of Water Quality is in receipt of your request for remission of civil penalty assessed in the matter of the case noted above. However, your remission request was not accompanied by a completed form waiving your right to an administrative hearing, which must be received before your request may be processed. Please complete the attached waiver form immediately and return it to the attention of "Bob Sledge" at the letterhead address. The subject case will be tentatively scheduled for the next Director's Enforcement Conference, however failure to return the completed waiver form will result in delays in your case being heard. Once the completed waiver form has been received, the Division will be able to proceed with your remission request. If you have any questions, please call Bob Sledge at (919) 733-5083. Sincerely, �Co en Sullins, Chief Water Quality Section CC _ _ emission 1eW.-And attachment Central Files w/ Remission Letter and attachment Case File w/ original attachment and 2 copies 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Donald L. Sellers Manager 26,2002 Silver Maples Community qy 2812 Plantation Road Concord NC 28027 Telephone 704-786-5577 Fax 704-788-894 Cater leen Sullins Quality Section Chief ivision of Water Quality 1617 Mail Service Center Raleigh North Carolina 27699-1617 J 0 � - WqT i Eta QUq ;r SECT C17}' My name is Donald L. Sellers and I am in charge of Silver Maples Community for Mr. Logan A. Boggs of Pasadena California. Mr. Boggs is owner of record and he has no knowledge, except for paying the bills, of the daily operation of this waste water plant at Silver Maples Community. I have been operating this business since 1981 and have always had a good relation with our ORC and the self monitoring reports of the state. In January 2002 we were over our limits on the BOD's. We, meaning the ORC and myself do not have a clue or reason as to what happened to get this result. The reason we did not catch this violation on the monthly report and call about it is the report did not show us anything other what we were accustomed to seeing. The permit was issued in December 2000 to become effective January 1,2001 with new limits on our BOD's of 13.3 monthly average and a 19.5 daily maximum and for some reason the ORC did not catch this and did not start using the new limits on the monitoring report. Instead we were still using the old limits of 30/45. We have had a long discussion with our ORC about this and he has assured us that we are now using the correct limits and we would be more careful in the future. We have never had a civil penalty and always complied with our permit in over twenty years of operation except for this one time. Please consider this our REQUEST OF REMISSION of this civil penalty as we are currently preparing to connect to the City of Concord NC water and sewer and take this waste water plant out of service. As of this date we do not know the exact date since we are in the worst drought we have ever seen. Mr. Mark Fowler of the City of Concord is in charge of this and he is working on this and will let us know ASAP. Silver Maples Community 2812 Plantation Road Concord NC 28027 Mr. Donald L. Sellers Manager Telephone 704-786-5577 Fax 704-788-894 This waste water plant was installed in 1972 and has been a good operating plant but as the state continues to improve the quality of our receiving streams we find it difficult to meet some of the new rules and regulations especially with the high cost of upgrading,labor and laboratory has greatly influenced us to connect to the City of Concord and of course the availability of their service. I am enclosing copies of the two months prior to January 2002 and the two months after the violation to show that we were in compliance with the new limits of our permit even though we were listing the old limits. Again we do not know what went wrong to cause this violation. Could it have been something wrong with the sample or maybe something went wrong at the Laboratory who run the sample. With this information we ask you to consider a remission of our civil penalty. Thank you for your help in this matter. Sincerely, Donald L. Sellers cc: Mr. Boggs EFFLUENT NPDES PERMIT NO: NC 00`i70 9 I DISCHARGE NO. QQ II MONTH YEAR FACILrTY NAMB.S 1LvER N A Pcr- Nt g i/ r= (= S-rA rF 5 CLASS_. jam_ COUNTY _�' AFC A P r? t rS OPERATOR IN RESPONSIBLE CHARGE (ORC) JJ�hiIF�SSc.ti� GRADES PHONE���FP,-'-9 �.t1Cc/ CERTIFIED LABORATORIES (1)_ T�si. r A_►►'�z�_ ' (2) P2g S CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES t) • I 1 S 1-' Mail ORIGINAL and ONE COPY to: AM: CENTRAL FILES DIV.OF ENVIRONMENTAL MANAGEMENT DEHNR P.O. BOX 29535 RALEIGH, NC 27626-0S35 AT 4-610z, E) DATE BY THIS SICNATURF, I CERTIFY THAT THIS REPORT IS ACCURATE. AND COMPLETE TO THE BEST OF MY KNO WLEDCE. F < A a <V o mN � i; �E OF. E F:; ° Lp � �- O in Oc U C O 50050 00010 00400 50060 00310 00610 00530 31616 003001 006H 00665 FLOW W Key �y �p �t'3 �m 2U W4Lq ... c Z wiL <Z OOG 00 vl_ �.. tzV •e WKCy OV Oc cm ZIM,,A <IZ ZpV is �t <Z W)Ly WGr] <Zt7 1-.WZ Oa� FjtY to W KLx <O Y Vt= v +�I.3 E O 8 VO WZ JV O� En V)0 G t <V I 0 O E-!: Z w p <O o2 t-vt p c. ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFF INF ❑ ?.W .:E. << 0 W HRS HRS Y/N MCD 'C UNITS I Ut/L MCIL MC/L MC/L Y/I00ML MC/L MC/L MC/L • 1 � ''� S zrq , m . 7+f: s .�•: .. �. -.. a, t':.j?. .:� d l ��`�i .�`5v#„r �. �::. `t�.� �` £! �''!� ..!x r"' .il•' '!4%x x{•a„ .3t,. �� �+�it��"! .''.3'�� r, ',;� b.R- �..� ?. •r...- , 21 1 oil rj- 4 ?� -i 39 0. 5 . .. J, _ 6 q00 1 7 r0• 8 OS 1 I -a 4 - 0 10 t7 LI 11 0 t 12 lizo'1 .v 13 1,10S 6• . / 14 15 .b i.' ..7' 1 C /tfT.�3. ^ N.: wv 3- Nj'tw't�„H` ,1;.* J'1t` 1dS 4i �A: e"'1', 4-E j,F 'tll�:�r•• von q 16 'y 18 ILIZO t� 0 19 ,: � ::.r •.i9 .. yy (:.., ....t'. 0. 4 r J . (.• 7 ) Ili:' '•� o ,�j' ''"�'"? wi" t�i:: � ''yycc '••rv. .�Y` � *��s,'K , 20 iq 0 L7 21 1,034 x. '.2:,]".z, ,w, w -f1�' +�'': 'i4.x�ii. .,?;a,a�'� +?a`<. y,.•.a«,3� �5, 27 1�1 Y 23 24 (9 Zy 25 ..•� -'sue.! . ) wy '�.'F."�'ak if. '•, ".... q ®' t +,: ;:i"<.is ,,.:1t... .t'i V '•k i.i:'a {'0 r/s' �kw'$; 11T •t.9.ff:'` Ta;F :::i' 4''.5c.:. Ml"f.,. a'x'V 26 iZti 'li r� 2 I �O I S ,7d 18,E 27 Tq0•a i ''ttf :;K� = to ..,�• ..: )Y .ra.' � ��,.��'4S'' 2 r ' Sy.•!rx 'Y,. of `b1P +f'.;.ar..o'•+t7 i.. Y .ir'N+'�i - �2rt '.'L�sN+.. Sa'.�'fs'a �"� �tfi 1�i�h. i +'•! `i. -+%'Stt..r .�' Vxf a�4. , .4� 3! \i.: 28 11) l.o y . 01� 29 V. rf� 30 311 ,.. d "Z a •.'. a i, AVERAGE 1 j0,3 Qj 15, ._�.ir'MAiIMUM 2 d��s , ;' y MINIMUM kv 2-1 11.9 Coma•`(G7PGnb{G)'af `:Cr .� p x'. "? 'irc**' +V cn .Y r` :, =ti,!r �m4„i" <• �y a Monthly Limit — 1 S d) DEM Form MR - I (12/93) Facility Status: (Please check one of ti' . following) All monitoring data and sampling frequencies me, ; permit requirements CgTpliant All monitoring data and sampling frequencies do NO 1" meet permit requirements : _J lo..:ompliant If the facility is noncompliant, please comment on corrective actions being taken in n tpect to equipment, operation, n.'kintenance, etc., and a time table for improvements to be made. " I certify, under penalty of law, that this documt::t and all attachments were prepat =d unddsr my dirv.6on or supervision in acr ' 'ance with a system designed to assure that qualified personnel properly gather and evalu.:�e the'informatia.l submitted. Based on m; inquiry of the person or persons who manage the -' -stem, or those persons directly rt-ponsible for gait eririg the information, the information submitted is, to the best of my knowlc.lge and belief, true, accurate, and ..omplete. I am wi-= Lhat there are signifi , penalties for submitting false information, including. Elie possibility of fines and impriaonmem for know; -.Ng violations." 11CVER- IVAftk E5T/+7-eS' - Permittee (Please print or type) Signat e of Permittee' Dat 2O12 TL4tvTlI Tlyn( Q 1440R I S'60 (, �� ?f3t77� i7c4) 7b6- 55-77 Permittee Address Phone Number 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00556 -00600 00610 00625 00095 Conductivity 00300 Dissolved Oxygen 00310 BODS 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter P '.RAMETER CODES Oil & Grease 0(: 51 Total Fluo,ide Total Nitrogen 01902 Total Arsenic Ammonia Nitrogen Total Kjeldhal IA027 Cadmium Nitrogen 00630 Nitrates/Nitrites )1032 Hexavalent Chromium 01034 Chromium 00665 Total Phosphorous 00720 Cyanide 11037 Total Cobalt 00745 Total Sulfide . 1042 Copper 00927 Total Magnesium 00929 Total Sodium C !145 Iron 00940 Total Chloride 01 151 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminut 01147 Total Sell aium 31616 Fecal Co' .form 32730 Total Ph ., tics 34235 Benzen( 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow i amitYn. Date 50060 ', �tal R �'dual -C nlc .ine 71880 Forma' lehydc 71900 Mercu,;, 81551 Xylene Parameter Code assistance may obtained by calling the I 'ater Quality Compliance Group at (919) 733-50F 1 e. tension 581 or 534. The monthly average for fecal coliform is to be reported r-: a GEOMETRIC mean. Use only units designate,in the reporting facility's permit for reporting data. ' ORC must visit facility and document visitation of facility is required per 15A NCAC 8A .0202 (b) (5) (B). If signed by other than the permittee, delegation of signau •y authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D)• EFFLUENT NPDES PERMIT Na. NC 00` 70 9 I DISCHARGE NO. 00 I MONTH rfE YEAR_&22 Z FACILITY NAME S 1>_vER N A PCF NhR i/ r= F S-rA rF s CLASS_T COUNTY C'AFR A P r701; OPERATOR IN RESPONSIBLE CHARGE (ORC) JAl1lE-. 'D GRADE�t PHONE(�,i�p �cj CERTIFIED LABORATORIES (I)_ T� A m z�cti , (?) p2I S CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES L_J • 11 i Ss - Mail ORJGINAL and ONE COPY to: ATTN: CENTRAL FILES z DIV.OF ENVIRONMENTAL MANAGEMENT (SIGNATU R IN RESPONSIBLE CHARGE) DA DEHNR BY THIS SIGNAT RE, I CERTIFY THAT THIS REPORT IS P.O. BOX 2953S ACCURATE. AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH. NC 27626-053S a u o <U o°�n E F2 b0 • c O cr 50050 00010 00400 SIH160 —jL 00310 00610 00530 31616 00300 00600 00665 FLOW W KLy � gU W��1( Z <Z O ` av .e WgLy O ZIKA p� V< 0 Wu-y ww F.zin OVrAm c ul r �U W KLx c O e:� 96c wz �O J X `U t V5 O on: FF-F zrn to 0 ~eCO oC ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFFy iNF Cl ? W � � FRS HRS Y/N MFC^D 'C UNITS I utm MC/L MC/L MC/L M/100ML MC/L) MCIL MC/L .�t �r `i•`:{ i.+.: 71 .y�yk�. J�:. �� �.�'.Y::'^� Y�-i��'."u�gF �`wi� ��~J� s��..i.4 ��.Y, �r^��� � 2 10 4 1y 3 6 j6 (' `I 7 g1 1 9 10 Z? 111, ! Z-7.a y' 13 14 125�' y f .15 r/ , �sz .dv,s":. Xr."66 a ... '!... ^'w°.-' i r � . y ti s a? 16 0 G 171-"„. r .� ry sib s* s y as srfsr vt is 7 Y 3 19 •� ..., ti, 20 ` 3 y 21' .F: .f 'i. ,4'`r,.xr. .y.'�•:. . rd.� s . t}� { .. 2k,. 22 )NO co 23 sw .�w� Vr�A y�� �4. ✓:1 t ra 24 •(9 25 �0. :. ,. s 3 k�YY ; r r'M ^� r .i„.ks.. .i& tou�w i" XR':eiL�?x°flJ7i ?"gi ' a jj tlsr yZ y s An+e Jk! { r ir'ai'r'.LKS'l'.aLT.'Yi r w t o 261 .• L) jig 11.Z o.3 ,27 2E 1390 fit; ,� _ L '� . " / ..L'N 71' : R. 4. :.,:✓ +k " W 'Nd!`Yu"I'°:SsjOJ:y, T �p Y N*' .yf°- i 4{� Y f:,:i"!.^ t^!'�F 5K?'?+.ri . y +r•�'W'd:iw r y Y £•' WiS.�D.�i ✓t Wit,.. -^.ti 29 30 y.s..J AVERAGE , dl G.3 �/ J 7 l 3 MAXIMUM �t.'. �r,tar Ci hf/ a/I��y y Y 44v!kfl r e y MINIMUM i to 1 17� (% • I 7, W d• 3 Comp. (C)CCra6(G} `y 6� n �`r�r y `y ;a Monthly Limit DE.M Form MR -I (12/93) Facility Status: (Please check one of ti• : following) All monitoring data and sampling frequencies me, : permit requirements Cptnpliant All monitoring data and sampling frequencies do NOT meet permit requirements ' 10. t :ompliant If the facility is noncompliant, please comment on corrective actions being taken in rt-.tpect to equipment, operation, n.'aintenance, etc., and a time table for improvements to be made. "I certify, under penalty of law, that this documt-n and all attachments were prepai-d und-.r my direction or supervision in acL - lance with a system designed to assure that qualified pcisonnel properly gather and evaluate the informatia.t gubn fitted. Based on m; inquiry of the person or persons who manage the-.ystem, or those persons directly n., ponsible for ga'i Bring the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and . omplete. I am a: -are that there are signifi . penalties for submitting false information, including; the possibility of fines and imprisonment for know-.%g violations." �1 LV07- MAP Lk �5T/+7ES' Permittee (Please print or type) J�¢'IJ Z� Signat a of Permitteeo Dat- 2817 PU NTATIyn( Q NA4eIT6Q 6� AJL 232275- OC4) 76'6-55-77 Permitter Address Phone Number P '.RAMETER CODES 00010 Temperature 00556 Oil & Grease 0(: 151 Total Fluo.ide 01067 Nickel 00076 Turbidity -00600 Total Nitrogen 01002 Total Arsenic 01077 Silver 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc 00082 Color (ADMI) 00625 Total Kjeldhal i11027 Cadmium 01105 Aiuminui Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites `1032 Hexavalent Chromium 01147 Total Selo nium 00300 Dissolved Oxygen 61034 Chromium 31616 Fecal Co*.form 00310 BODS.. ,. 00665.. Total'Phosphorous 32730 Total Ph , tics 00340 COD 00720 Cyanide 11037 Total Cobalt 34235 Bement 00400 pH 00745 Total Sulfide .1042 Copper 34481 Toluene 00530 Total Suspended ' 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium C !145 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01 '151 Lead 50050 Flow 9 b Q i':►mit Grp. Date 50060 % %tal R :.dual -Cnit.ine 71880 Forma' lehyde 71900 Mercu, ;' 81551 Xylene Parameter Code assistance may obtained by calling the 1 'ater Quality Compliance Group at (919) 733-50E I e.•:tension 581 or 534. The monthly average for fecal coliform is to be reported a GEOMETRIC mean. Use only units designatel' in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility is required per 15A NCAC 8A .0202 (b) (5) (B). ** If signed by other than the permittee, delegation of signati -y authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D)• EFFLUENT NPDES PERMIT NO: NC 00470 9 I DISCHARGE NO._00 I MONTH YEAR FACILITY NAME�S1-yER MAPLE NhRild ESYATFS CLASS_ COUNTY OPERATOR IN RESPONSIBLE CHARGE (ORC) 3AW- 2 (a i i k-Q • GRADES PHONE(, CERTIFIED LABORATORIES (1)_ �sf Am ( Z�Ch (2,) pai S �^� CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES J - P Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x C- DIV.OF ENVIRONMENTAL MANAGEMENT (SIGNATU R IN RESPONSIBLE CHARGE) DEHNR BY THIS SIGNAT RE,1 CERTIFY THAT THIS REPORT IS P.O. BOX 29535 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH, NC 21626-0535 X U Cw �u F B v Yoo c • V oA 50050 00010 00400 50060 00310 00610 00530 31616 0,0300 00600 00665 FLOW WKLy H � U 1h1Gt`I ? 1tif Z �cry e 1►SK�Y ZIMN <z Z DZO a W%LY w <�<oE on< n =O W KLx w,. G.° u Z Jw<L oXU oa Z�� to C O O ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFF INF ❑ Z< HRS HRS YIN MGD /L MG/L, MG/L MG/L M/IOOML MG/L MG/L MG/L %'.CNITS S zj21 l A 3/ !l 10.(/ 0 4 1•L 0 6 Z CJ sl .1 Y. 1 �. Z f Z 10 7 .0 12 13 14 ( Y /7 O L_ I S 1 °ur �p ':''%` ... ' t i� w >i '° W. ms. :+ = A rP � v! si3' 16 0 Y /y 18 C40 Y i 3 19 - V 'v «i/: .6 :.'SX:Y r..�. ?,£:. 3 �'K,',��a. ¢ •� lv.]�C: 20 21 .. ewe „a.,rk.',.. .'�Qr`_ �i3!xw: >Sy n=+ :r :^ 3. '* '„�5.��,-I,i'u' n `,• i.aee..'r',Sd3 •�, �y� 'y "!s.. ,4 _, .>(,h.0 'ram 221050 .0 3 23 Q Y ' v > ' , j ; . ^• z;:. - ` ``fit �.," ` ; ,w'astly, I.A;: 7, 2a 25 •Y L✓ !e r •r� y "•x =•x4 •!•V , ,.eR �Y'fM alL. Y ',`$'x3�t'% '�S'1. -''- 26 , 030 27 £ is 'i.. ? ... 7, QQ��yy i �.. �^' J£ Yw`: td r� = M"^Z. 5€. •. .°',4'1,(� d*y+ ! ;�i�. y '� ����'.':".bt .Y':C..: 9 --- �y '.�.eri 28 0SX y , 030 3031 .DI AVERAGE e,013 1 12 G r; :•',j.. ' (iiV"$ d 7'b ' Ys #+Li 7r': w'�*,: , £ y > MINIMUM 0-OI?/ :3 0' Z 97. 1 1p, c% ,4. y., C�mP• (Ct CGrsb {G) 4zz? +,w vt;� k� ?:t' F ..� .�,�,.... �r �. € �'�� x. `:�C� . (�. � � , �, ;l �a�'.: �3.+j •• r r.yr, N �4i�;:"i�ix,� �'� '�� �t< F� �hyx �'{'€j].,? '� .yy (x'. "ti.; �.� 4.e, +£yl« ! t� 7 Monthly Luau — DEM Forth MR-1 (12/93) Facility Status: (Please check one of ti : following) All monitoring data and sampling frequencies me,.* permit requirements Cpmpliant All monitoring data and sampling frequencies do NOT meet permit requirements Io, :ompliant If the facility is noncompliant, please comment on corrective actions being taken in rt'.tpect to equipment, operation, r..'wintenance, etc., and a time table for improvements to be made. "I certify, under penalty of law, that this documt::t and all attachments were prepai r d und-.r my direction or supervision in act - lance with a system designed to assure that qualified personnel properly gather and evalu.t'.e the informatio.i submitted. Based on m; inquiry of the person or persons who manage the rr-stem, or those persons directly rr,ponsible for ga"t eriryg the information, tht information submitted is, to the best of my knowle•Jge and belief, true, accurate, and zomplete. I am a-. -are that there are signify % penalties for submitting false information, includin- the possibility of fines and imprisonment for know'nig violations." S1 JE7L IVAPU E�5'14rel Permittee (Please print or type) Signatuie of Pertnittee" Dat„ ?,0IZ ?U-7N7_/?T10Aj K1J NA1`'R1SBU2�_yC Z3o7 - (704-) 796-55-77 Perri -daze Address Phone Number 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00556 -00600 00610 00625 00095 Conductivity 00300 Dissolved Oxygen 00310 BODS 00340 COD 00400 pH 00530 Total Suspended ' Residue 00545 Settleable Matter P ',RAMETER (ODES Oil & Grease 0(.' 151 Total Fluo,ide Total Nitrogen 01902 Total Arsenic Ammonia Nitrogen Total Kjeldhal , 01027 Cadmium Nitrogen 00630 Nitrates/Nitrites )1032 Hexavalent Chromium 01034 Chromium 00665 Total Phosphorous 00720 Cyanide 11037 Total Cobalt 00745 Total Sulfide . 1042 Copper 00927 Total Magnesium 00929 Total Sodium C !'95 Iron 00940 Total Chloride 01 '151 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminui 01147 Total Selo nium 31616 Fecal Co' .form 32730 Total Ph tics 34235 Bement 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow -30.03 _ i':rmit �isn Datc 50060 'k -tal R :dual .Cnit,ine 71880 Fortes' lehydc 71900 Mercu,; 81551 Xylene Parameter Code assistance may obtained by calling the 1 later Quality Compliance Group at (919) 733-50E I e,•:tension 581 or 534. The monthly average for fecal coliform is to be reported i_ a GEOMETRIC mean. Use only units designate in the reporting facility's permit for reporting data. - • ORC must visit facility and document visitation of facility is required per 15A NCAC 8A .0202 (b) (5) (B). •' If signed by other than the permittee, delegation of signatt y authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D)• EFFLUENT NPDES PERMIT NO-. NC 00 q -10 of I DISCHARGE NO. 00 I MONTH )LrC YEAR 2001 FACILITY NAME,S1>_VER NAPCF /UhRu0- FSTAreS CLASS_ COUNTY L'AEAPrttt� OPERATOR IN RESPONSIBLE CHARGE (ORC) 3AtX11t;,5 ia(i ; Sc•ti-� GRADES PHONFI 1 ����ccj CERTIFIED LABORATORIES (I)_ A m t: z.cn (2) Ffzz S w. CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES _) • to l l U"' Mail ORIGINAL and ONE COPY to: I ,� AM: CENTRAL FILES x � DIV.OF ENVIRONMENTAL MANAGEMENT (SIGNATU R IN RESPONSIBLE CHARGE) DATE DEHNR BY THIS SIGNAT RE, 1 CERTIFY THAT THIS REPORT IS P.O. BOX 29535 ACCURATE, AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH, NC 27626-OS35 t u c • 50050 00010 00400 SW60 00310 00610 00530 31616 003001 00600 00665 FLOW YJKLy vJeL`I Z wj( < V e WtL:y V -11MIi1 V 2aE WKLY i w < ZJJV°n O � W KLJ 2cW xV W .O 0 LQO Z O-r`O0 Z <00 C)C% Z o O< O oaO Ln o ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW iNF o HRS HRS Y/N MCD 'C UNITS I LtiL MC/L MC/L MC/L Y/IOOML MC/L MG/L MC/L it y,4. �i M �, - i .•>,i!(- - rs• ).x••4. iX- �9i:,� 1 41'til �i.`"Ky � ✓si'., 'S4 -.T y ( �G � �'^� f 3 411101 , 7 v '( 1 1.0 -7. 4 I 5 ? i 610501 Y x 0 0 122� 1 r3 - sl 9 47..: L ki.. x4'' ir•wF i . is :. Io 1 z 7 Z 0.2 1/7 14 11yS t N �I`i 15 & , d. < c�!f ." .:`*?Y•.* r'!.. w �� "�Ix�": rw'i« .(br„fkr#. 16 17 ie) 144r r.+A 18 1 9 $ 0.9 ;t t IL• 2 19 134 20 124,V S 21 J -' .. . of . .._+., {.Y`.. "1 _3^'�. h,,,^ >'s>`•.:..':.7 ... 3:.� .�s.; ... e: :' is ' a `�S :-mot, 22 3 23 24 13 2 S 261 i Y 013 1 o.3 '7 27 11 � � j,[r "''ll �:N �V ��r �; 1 F3.�. k. 4x. �tR Z�r�3; Yi ^�4`�. i �� .•Sl.`�lf.. ��M: � N 28 040 i✓ Y 3 29 30 AVERAGE Q, 1 - .7 �,O i" .i 2- 'L ..'i� 13J, ��+. �" ['.: +!v1�.�t`' „r !CYiy;y .+'-0. .�� +,�.,;, ��;.:tj v?.,, `�. s!".,w ��' 'trl•'.�i "�"9.�%!%.. Y- i 'x .. i'Y.,'�Fc•'. .,. ...:. H•t. :MAXIMUM .. 1 _'(,t`i�j &., :x•''.' - •?r f' s' 'iY �i. �: 4y,. .k MINIMUM J Ccmp.:(C)iGrnb{G) 1pfc*t V:Yi Monthly Limit TL7q S vJ DEM Form MR-1 (12/93) Facility Status: (Please check one of tl'. following) All monitoring data and sampling frequencies me, , permit requirements Cprn Lant All monitoring data and sampling frequencies do NOT meet permit requirements Io,+:ompliant If the facility is noncompliant, please cornment on corrective actions being taken in rc tpect to equipment, operation, n.'iintenance, etc., and a time table for improvements to be made. "I certify, under penalty of law, that this documtt:t and all attachments were prepzLi d and T my dirtr:bon or supervision in act lance with a system designed to assure that qualified pctsonnel properly gather and evalu.:te the informatic.i gubmitted. Based on m, inquiry of the person or persons who manage the v-stem, or those persons directly rc,ponsible for ga't Bring the information, the information submitted is, to the best of my knowle.fge and belief, true, accurate, and ..omplete. I am o-i•are that there are signifi penalties for submitting false information, includini- the possibility of fines and imprisonment for know i,-.�g violations." Permittee (Please print or type) t Signal e of Permittee* -U'3LDat- Z e /7 PLI?N-T4 T-i (rz 144 z2 I S'4o dLC 7P-Z - 5 S -7 7 � 1k 3Perm1ttze Address — ,X .L 7 — Phone lumber j'amit 1 an. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00062 Color (ADMI) P � AMETER CODES 00556 Oil & Grease 0(1 151 -00600 Total Nitrogen 01902 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Nitrogen 00095 Conductivity 00300 Dissolved Oxygen 00310 BODs 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter Total Fluo:ide Tots] Arsenic Cadmium 00630 Nitrates/Nitrites `1032 Hexavalent Chromi 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride um c)1034 Chromium 11037 Total Cobalt • 1042 Copper C !145 Iron 01 151 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminut 01147 Total Sell nium 31616 Fecal Co'.form 32730 Total Ph ., lies 34235 Benzen( 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 ', ,w R t'dual .0 nit .ine 71880 Form' iehydc 71900 Meru.,;, 81551 Xylene Parameter Code assistance may obtained by calling the 1 'ater Quality Compliance Group at (919) 733-50i 1 e.:tension 581 or 534. The monthly average for fecal coliform is to be reported i- a GEOMETRIC mean. Use only units designate, in the reporting facility's permit for reporting data. ORC must visit facility and document visitation of facility is required per 15A NCAC 8A .0202 (b) (5) (B). •' If signed by other than the permittee, delegation of signat( •y authority must be on file with the state per 15A ! CAC 2B .0506 (b) (2) (D). EFFLUENT NPDES PERMIT NO: NC 00 q -TO S I DISCHARGE NO. 001 MONTH N`2 V YEAR La2j FACILITY NAME S a-Vr13 MAPLE NtR it o F rTA rc S CLASS_ COUNTY LIAR 4 P rt t rG OPERATOR IN RESPONSIBLE CHARGE (ORC) JANV---5 ) (�i i i x•,) GR.ADE77- PHONE(A Sip,- 9 lg� CERTIFIED LABORATORIES 0)_ "rFsr .A ch (2) ptz� 5 Iz- CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES -) • (� I 1 S Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIV.OF ENVIRONMENTAL MANAGEMENT DEHNR P.O. BOX 29535 RALFIGH. NC 27626-0535 A LE BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE, AND COMPLETETO THE BEST OF MY KNOWLEDGE. /Z/ZV/vi F m 1 C t_ U o 0r c F °� o • y in U a= p 50050 00010 00400 51N160 00310 00610 00S30 31616 00300 00600 OW5 FLOW W KLy �<� W� .. W4L` .. c = 2 wiL s ti O� � xV WtLy CV Oc 2IMfA < Z <z W4LY U] <pjZ�G 1w12O W KLI = UOa� < .0ENO Ca n tF<-EOV' to C `HO o L ENTER PARAMETER CODE ABOVENAMEANDUNITS BELOW EFF INF ❑ }L << HRS HRS YIN MGD 'C UNITS /L MG/L MG/L MG/L CIOOML MC/L MG/L MG/L \..•+.�a�- 2� � Z 3 a 67"5 ( 0.v •.10 2 •S50 10 O/ 12655 ly 13 //o a;,,., . NF : �, �: sa; .. PV: 15 iw+ s w � it7;•4�e s�u.x!?;� -s"�??' .?�w, i� r�e•'5C,ig: ��4 +r'`r:�, 16 •011s ,>y 013 17 .�_�,/•. y' '�+ x Miele19 1e v1ti it 20 /Z/o Y 01 oa 1. 2 2 1/i .�:: :•W... �: ,;.. .Yv:�- �... A�w... , .�'ii •:. ,' .. •:'.rr "--� r rfy.>^.:,;: "' .t: a�`�;f,�f $r�sTr:``� '+rw':: � 22 !V 7 23 y 7 b . 7,?'.{>: n '. , tY \.' r:.S '4t"..;. �A' ��•' Q�s `CM `��'•t �: ! ..W....%lT/.^r•, { � e :'_\ .a�t�5� M�i� y+ tin ��� Mrs s'W : w ...1^�S 24 J 7 25 ' F .• 261 27 27 [W 28 /%j 7 30 31 12? �l t d✓ AVERAGE TMAXIMUM t r} a j . (;. � n. r!t d5. E k x7sti a. "'i' �' Y ':t ''+;..Y. M -k%3 ♦ .r :e '�n:w r :: MINIMUM CamP•'(C)CGrs6{G)Sx° .:C x} i5�;a. +tv::�. °# 4c-o' Monthly Limit n. o 4o— DEM Form MR-1 (12/93) Facility Status: (Please check one of tl - following) All monitoring data and sampling frequencies me, 'permit requirements :. Cprrtpliant All monitoring data and sampling frequencies do NOT meet permit requirements : Joy .-ompliant If the facility is noncompliant, please comment on corrective actions being taken in rr.Tect to equipment, operation, mitintenance, etc., and a time table for improvements to be made. - FLOW ALlXklof bt dZK;Nv P#-0PE77ty A/✓✓ ZI - /✓r✓� If "I certify, under penalty of law, that this documt::t and all attachments were prepay: d under my dirertion or supervision in act - lance with a system designed to assure that qualified personnel properly gather and evaluate the informatia.i Submitted. Based on m; inquiry of the person or persons who manage the -.,stem, or those persons directly rt-ponsible for gall eriag the information, tht information submitted is, to the best of my knowle.lge and belief, true, accurate, and ..omplete. I am ai•are that there are signifi penalties for submitting false information, includin;: the possibility of fines and impri.sonmem for know;-.%g violations." .I LyEY- APck 5 TAz71E57 Permittee (Please print or type) UDDA�m-- .i21 �1ll1 Signat a of Perrrittee* Dat ZEIZ (704) 7& Perrnittee Address Phone Number 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) P '.RAMETER CODES 00556 Oil & Grease 0(: 151 Total Fluoride -00600 Total Nitrogen 011102 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kjeldhal 111027 Cadmium Nitrogen 00630 Nitrates/Nitrites 11032 Hexavalent Chromium 00095 Conductivity 00300 Dissolved Oxygen 00310 BODS 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride !)1034 Chromium )1037 Total Cobalt 1042 Copper C !'145 Iron 01 "151 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Alumi.nut 01147 Total Sel, aium 31616 Fecal Co'.form 32730 Total Ph ., tics 34235 Bement 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow A f I110 3 ,'xmit Date 50060 '& tal R t'dual .Cnit.ine 71880 Forms' lehyde 71900 MerctLy 81551 Xylene Parameter Code assistance may obtained by calling the N 'ater Quality Compliance Group at (919) 733-50E 1 e:•:tension 581 or 534. The monthly average for fecal coliform is to be reported t:: a GEOMETRIC mean. Use only units designate,' in the reporting facility's permit for reporting data. ORC must visit facility and document visitation of facility is required per 15A NCAC 8A .0202 (b) (5) (B). •' If signed by other than the permittee, delegation of signatt y authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D)• i �Zwb OF \N AT�R Michael F. Easley Governor c j William G. Ross, Jr., Secretary > Department of Environment and Natural Resources DLuaa Gregory J. Thorpe, Ph.D.. Acting Director Division of Water Quality May 22, 2002 CERTIFIED MAIL CM # 70012510 0005 0287 8019 RETURN RECEIPT REQUESTED Mr. Logan A. Boggs Tower Management Company 80 South Lake Avenue, Suite 719 Pasadena, California 91101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO047091 Silver Maples Mobile Estate_ s WWTP Case No. LV 02-201 Cabarrus County Dear Mr. Boggs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of 5335.45 ($250.00 civil penalty + $85.45 enforcement costs) against Mr. Logan A. Boggs (Permittee for the Silver Maples Mobile Estates WWTP). This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the wastewater treatment system's Operator in Responsible Charge for the month of January 2002. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NCO047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A. Boggs: . via K ZD=PF Zuswmer Service 1 800 62: 7748 Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663 1699 Fax (704) 663-6040 f, v $ 85.45 For / of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NCO047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand. TOTAL CIVIL, PENALTY Enforcement costs. 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 Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-292.1(b) were wrongfully applied to the detriment of the petitioner, (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during•a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. K• 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 1 SOB of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-1601 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to the penalty. collect Please be advised that any continuing violation(s) may be the subjec enforcement action, including anadditional penalty. If you have anquestt of a new penalty assessment, please contact the Water Quality Section ions staff of the Mooresville lle this civil Office at 704/663-1699. Regional (Date) ATTACHMENTS D. Rex Gleason, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforeement File w/ attachments Central Files w/ attachments ME Attachment A Mr. Logan A. Boggs Silver Maples Mobile Estates NPDES Permit No. NC0047091 Case Number LV 02-201 Limit Violations, January 2002 Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 26.2 * 19.E mat * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT COUNTY OF Cabarrus AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING Mr. Logan A. Boggs AND STIPULATION OF FACTS PERMIT NO. NCO047091 ) FILE NO. LV 02-201 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 BY ADDRESS TELEPHONE 2002 EFFLUENT R NPDES P: RMiT NO WC oc)�J i O 4 I DISCHARGE NO. Or> i MONTH I ' P.F % I L. ��L-i L r ACII.iTY NAIv>✓ .S �v= R 1. l n a� = f�l •,� „= ; - S CLASS �COUN7Y OPERATOR IN RESPONSIBLE CHARGE- (ORC) �r u /� i i ; tc -) GRADE-ZE PHON CERT r= LABORATORIES (I)_ i c-nr G n., �L ,�� (2) ?rzi S CHECK BOX Tr- ORC HAS CHANGED � PERSON(S) COLLECTING SAMPLES Mail ORIGINAL and DNS COPY to: TTN: CEN 1 RAL FI:.ES 1Z �ti DIN'. OF ENVIRONM.hiAL MANACEniENT (SIGNkT - n .� R IN RrSPONSM-, CHARG� DEHNR IIY THIS SICNA RE.I CERTIFY THATTHS REPORT S I)AI_ P.Q.Box 29NC ACCURAiyAND RALEIGH. NC Z7G2G-U�5 COMPLETETOTHEIIESTOFMYKNOWLEDCE. EIG i=acility Status: (Pt-..zsc check one of ti _ following) All monitoring data and sampling frtouencies me. , permit requiremenu Compliant All monitorin data and sampiinE! rreouennits do NOT Ins; p- nut rleoU In-nts • . r • lo, ompliant 1.` the fw lilt}' is noncompliant, please comment on corrective actions bei and 2 time ng tai er, in r . w t to eauipmcnt, op� anon, r..'iint n tabu for improvements to be ma. de. certif};, under penalt of l y awthat this documt_:t and all attachments were Dr-Da.,=d under my a system designed o to assure that auaIifiad personnel properl} gather and evalu.�~r the informatic.l submitted Based o au�:tion or su inquiry of the person or persons who manage p'rvision in ace ance the :•••stem, or those persons directly rr-•nonsibic for o „ ' n rn'' information submittrcl is, to the bee[ of my knowla:tge and beIi-f, true. accurate, and .:omplete. I `a : -ru-,o the information, the �enaltie; for submit[ing false information., includir.:: the pessibiiity of Erns and imprisonment for am know violations... toe a ,,�ff tiol there are sisrtifi . �I Lva� XX 4 P c 51/= Fe. -mitt= (Please print or t}ve) r r SIgnats!t or Fcrauttee" DaL -• �-rs y r r, 1! C//u T Q r-iAI�IZ I S 'e:31it:.._ Address 0010 Te:atwmture Ov 76 Turbidity 0080 Color (Ft -Co) 0082 Color (ADMI) ='0°5 Conductivity i3nri ,.-»olv--' ., �d Oxygen '110 BODS �40 COD �00 11H '=30 Total Suspended . �hesrdL'e >5 Settleable Matter Phone Dumber_ "t"n tt %p. Date p .�AMETER CODES - --- �� 00556 Gil € Grease 0(` 151 -00600 Total Nitrogen Total : iuo:iaa. 01067 Nickel 01"002 00610 Ammonia Nitrogen Tonal ArseL.ic 01077 50060 ', .,t.al Sliver 00625 Total Kjeldhal 1r1027 Cadmium 01092 Zinc R •'dune ^Cni"ine Ivitroge n 01105 Aluminul 00630 Nitrat:.s/Nitrit=s !1032 14 -1 n - -xav ent Cnromium 01147 Total Sel, Iium W665 Total Phosphorous 'i103: Chromium 31616 F=cai Co•.form 00720 Cyanide A037 Tow Cobalt '32730 Total pi, ., tics 00745 Total Sulfide . 1042 Copps 34235 Benz-,n, 00927 Total Magnesium 34481 Toluenc 00929 Total Sodium C !']z5 Iron 38260 MBAS 00940 Total Chloride 01 t5l Lead 39516 PCBs 50050 = 71880 Formz' iehydc 71900 Mer-LU ;• 81551 X ylene. Ow *netrr Code assistance may obtained by calling the 1 'arer Quality Comnliance Group at (919) T_=3-50 - 1 c:•tnsion 591 or534_ monthly average for f -al coiirorm is to be repor.: d t_ a GEOM--ur}''s p .^ntt for reporting data, 1C mean.. Use only units desi� ^naL:, in the reporting a C must visit facility and document visitation of facility zs r..auird Per 15r,NCAC 8A 0202 (D) 5 :r signet by other than file () B) -J) pe.:rtitt. _, delegation of sigratr -1 authority must br on file with the sat- . �3 Fen U`SAC 2B .Q5 ..,� 71880 Formz' iehydc 71900 Mer-LU ;• 81551 X ylene. Ow *netrr Code assistance may obtained by calling the 1 'arer Quality Comnliance Group at (919) T_=3-50 - 1 c:•tnsion 591 or534_ monthly average for f -al coiirorm is to be repor.: d t_ a GEOM--ur}''s p .^ntt for reporting data, 1C mean.. Use only units desi� ^naL:, in the reporting a C must visit facility and document visitation of facility zs r..auird Per 15r,NCAC 8A 0202 (D) 5 :r signet by other than file () B) -J) pe.:rtitt. _, delegation of sigratr -1 authority must br on file with the sat- . �3 Fen U`SAC 2B .Q5 ..,� siunoure aaEr� ra�t� sar o uT ru,eoi aTCTSLI so spTTos �unzoTT }o aQsEr�aszp ou aq Bess asau,?" szrun pseprzE�s 0 b ueul=al�ala Tou slam P.repuE:s 0-9 L�pr ssal aq you TTerrs Ha aLTi I aa� o WanI�;J q E. luanl};? qe=J I ,(plaa,+N men!4:, I Qe:n YoaW6- lusq.12 I qm J I (h{aaM luanil} j —_ allsodwoo I uluo W/c luanl4z I ai!sodwoo I (hlaaM luanI42 I ailsodwoo I (hlaaM luanWE io luanilul I 6wp�ooal� I snonulluoo a Ja) a1n1E:a0Wo I I suIIoju3Ienp!sG�2IE:01 IW OOli00b I I IW 00UOE I (ueaw culaW066) WIOIII03 N sE `4N 1/ow 0's` I I li6w 0.00 anolsaH papuadsng ;E:o i i/ew rot I �/ow 0 E 1 (CaM ,(ep-c `QOS am Ob0'0 I mall 1 �(ouanbaj.i wnwlxeW I a6esand adeianry uolleao-T aldweg aidweg luawalnseaW I .illeII �i as I� M A141uoW S1NEW�a1n0gu ON18011NOW I S011Si1�?10'v8 v � SllWI� 1N.�nl�� paITTTT'TI aq IIEgs sasE asT nolaq par�Toads SE aa�tuuad atTa nq paso�Tr----- LI P uanS I00 [TE}�no ruolj a„�gz)STp of Pazuor4}nE sr aa4T< uor�esTciYa faun J MS2l PLM'Tuuad Srq-. }o a}Ep anrToaga aqj uo ;uirnn aq pouad ark 'IFT11II3 - SZ�I�ili Ils�2i O�II2iOZIi1I0IAi (lw SNOIIvIn i uvaaa33a I60_ D,00;DN }tuuad Fast Track Worksheet Case Number ILV 02 201 Facility Name ISilver Maple Mobile Estates Permit Number INCO047091 Previous Case Statutory Maximun in the Last No per violation �10,000 two years Number of Assessments for previous 6 DMRs Total Assessment Factor = i 1 O 2D 03 O 4C) 05 6 1.00 1.00 Exit Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penaltv Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. 2.50 :omments eview month = January 2002; repared by Richard Bridgeman State of North, Carulina Department of Environment and Natural Resources Division of Water Quality ! SEP 1 2 2002 Michael F. Easley, Governor Willam G. Ross Jr., Secretary Alan Klimek, .E., Director 4�August 28, 2002 MR. LOGAN A. BOGGS 2812 PLANTATION RD HARRISBURG, NC 28075 Dear Mr. Boggs: 1 � � NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY ASSESSMENT SILVER MAPLE MOBILE ESTATES CABARRUS COUNTY PERMIT NO: NCO047091 LV 02-310 This letter is to acknowledge receipt of check No. 001100 in the amount of $335.45 received from you dated August 21, 2002. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations or Permits. If you have any questions, please call Bob Sledge at (919) 733-5083. Sincerely, Coleen Sullins, Chief '1 Water Quality Section Cc: Enforcement File #: LV 02 - 310 IiW" egional'Cff.- ►r Central Files 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper w---aet r_ des. N =1 -Tro r .o ir..:.atanenl &=nvrrartmen- any t�"'a.^aj j: a urns Aran W. Kir nei- = Jrre=r Livrsran n t^:ate- :Jrsality lP7tAK August 14, 2002 CERTII'IED MAIL 1 ov 1 --15o 00 a5 Oa& G L r RETURN RECEIPT REQUESTED Mr. Logan A. Boggs Tower Management Company 80 South Lake Avenue, Suite 719 Pasadena, California 91101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO047091 Silver Maples Mobile Estates WWTP Case No. LV 02-310 Cabarrus County Dear Mr. Boggs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.45 ($250.00 civil penalty + $85.45 enforcement costs) against Mr. Logan A. Boggs (Permittee for the Silver Maples Mobile Estates WWTP). This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the wastewater treatment system's Operator in Responsible Charge for the month of February 2002. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Logan A. Boggs violated the terms, conditions or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute (G.S.) 143-215.1(4)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr. Logan A. Boggs: t\.Z. Divsbn c`L:a�; 91P Nortn Main 5a--; Mmornsvilw_ Nip 21 , :5 ?r:one (704) 65� 1=__ FAY (7D4) BM—n04D $ For / of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0047091, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Fecal Coliform. TOTAL CIVIL PENALTY $ 85.45 Enforcement costs. $ - 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 Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-1601 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within the days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. /1 t �� (Date) ATTACHMENTS D. Rex Gleason, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Mr. Donald Sellers, Silver Maple Estates RMB Attachment A Mr. Logan A. Boggs Silver Maples Mobile Estates NPDES Permit No. NCO047091 Case Number LV 02-310 Limit Violations, February 2002 Daily Maximum Limit Violations Parameter Reported Value Limit Units Fecal Coliform 540 * 400 #/100 ml * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cabarrus IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING le AND STIPULATION OF FACTS Mr. Logan A. Boggs ) PERMIT NO. NCO047091 ) FILE NO. LV 02-310 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated , the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 ADDRESS TELEPHONE RIM 2002 - ) . EFFLUEN7 cf-� APR 2 2 2002 pr�=-,SPEMIT NO: Ac oJ4� 10 91 DISCHARGE -NO. 001 MONTIH 1` �- c� 17=A.R Wiz% Z FACILITY NAM--= -y=R tdA,-C� KA���c,= �S—a�.S CLASS `+T COUtv'I�' �A'ti��r�,•c OPERATOR IN RESPONSIBLE CHARGE (ORC) 30V - < � /a f i GRADELZ_ PHONE( CERTIFIED LABORATORIES (1)_ i �S— f �z.cA (2) -PcZ; S CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES r } • l-a t 1 c S'- �1 Mail ORIGINAL and ONE COPY to: � 1 J I ATiN: CENTRAL FILES C-_ _ { �n v /✓ L DIV.OFENVIRONMENTAL MANACEMENT (SIGNATU .� ....n RIlvPF-SPONSIBL--CHARGE; D,:= D HNR BY THIS SIGNATI)RE• I CERTIFY THAT THIS REPORT IS P.O. BOX 29535 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH. NC 2791M- 5 50050 100010 1004001500601 003101 00610 1 04530 j 31616 1 003001 W600 1006651 dFw ; F- _ ; FLOW W VKL`I W4Lq (2/WiL WtLy 'L'/mA \;Ji--"y j W KLx I v E R CODE AB I brz. 'D UNITS L) E "• EFF 1�1 INF v (7L��i ^ `^,ter.. O' c HRS ! HRS YIN I MGD ° C ! UNITS I =/L I MOIL I MOIL I MGIL I #1100ML I MCIL I M21L I MG/L =a M I . i , y -1 21 1 I I i1915 I 1 I 1. :,I ..... :.::.I i-Zl-7I •b i VI 61 '_r601 .1; 1 It liolq I I I .'.9; 1101 ion I ! ( I 1 I ! I r•,t : r.. :I ._. I,.,-_ �-i`� I f .• 112 ' i S I 1 7 I 1 cl I t `i iE� le _L" 11 1 11 1 6qc 14liZ5C i •-; Iwd �A 1 161 1 1 1 .OIL, i I i i i 19 1i:3 I ,'_ s. j ) I ,Z > I iZ, i I�•�! 1i:7 ! .«: i I €I 1=-1t174fl1.� I i I. r1� ( I I I 1 241 1 1 1 .01 I I I 1 1 1 ! I I 126 ji' I a I i I :7` I 14 I �L- L i G- ! ',4' c 7 - : .a.:< Wiz. _ - :�<'H... � � L, •� i ::: 1 ": I . � � '. :; _-'.�.. i<I - `. f '-sli3�ul,S I 13o1 311 AVERAGE •ISM t! t`j+.� 1.?� W i . l I1f.1 I �S, I i MINIMUM I ♦((1 {� ! L' ! L. `t i 4"�1 I �. V i L.�J1 ! IV,"f ! ? I IcaaFr"(C)/urabtG)04 I M.whly Limit I r ID LriD !ZUL4l)d ti^ D=M Form MR-1 (12193) Facility Status: (Please check one of t'r foil owing) All monitoring data and sampling frequencies mem t permit reauir== All monitoring datz and sampiin, frequencies do NOT mom,: permit rt,quirement_s Cpmpiiant =—J lo,+:ompiiant I: tr•.e facility is noncompliant, please corr:mcm on corrective actions being taken in rr..pect to equipment. operation, r,,'iintenanct, et _ and a time tabie for improvements to be made. "i certify, under penalty of law, that this locum_:, and all attachmentc were prepai _ d under my direction or supervision in acc 'anct with a system designed to assure that qualified pe:sonnel properly gather and evalu.ste the informatioa submitted. Based on m inquiry of the person or persons who manage the r-stem, or those persons directly rt-ponsible for gz't rti.�g the information, the information submitted is, to the best of my knowie•.1ze and belief, true, accurst" and :^omplcte. I am -are that there are si_srrift % penalties for submitting false information, includin,: the possibility of tines and imprisonment for ltnov :.rg violations." Perminct (Please print or ryrype) 3/1�-/L� Signatt'e of ?ermittee='' Darr y_ (Z R! �llv t r � lt7h, _%=i.�izjz o /C ?�n7�" �7�^) 7 ' � � -7 7 _ <3 Q Permitt= Address Phone Number ramie _Yo. Date P ',RAIMETER CODES 00010 Temperature 00556 Oil L- Grease 0(' 151 Total : ruotide 01067 Nickel 50060 Lal 00107.6 Turbidity -00600 Total Nitrogen 011J02 Total Arsenic 01077 Silver n -% dual 00080 Color (Pt -Co) 00610 Ammonia Nitrogen - 01092 Zinc -Cnlc..ine 00092 Color (ADMI) 00625 Total Kjeldhai 1.11027 Cadmium 01105 Aluminut Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites )1032 Hexavalent Chromium 01147 Total Sel, aium 71880 Forma-' ieh_vd-z 00300 Dissolved Oxygen i 1034 Chromium 31616 Fecal Co' .form 71900 Meru.,, 00310 BOD5 00665 Total Phosphorous 32730 Total P'r ., tics 81551 00340 COD 00720 Cyanide 11037 Total Cobalt 34235 Benzen( _Xviene 00400 pH 00745 Total Sulfide . 1042 Copper 3z 4' 81 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium C :'145 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01 15l Lead 50050 'Flow a.meter Code assistance may obtained by calling the 1 'ater Quality Compliance Group at (919) 733-50F 1 e.,- nsion 581 or 534 The monthly average for fecal coliform is to be reported:_ a -GEOMETRIC mean. Use only units:designate, in the reporin2 facility's permit for reporting data. ORC must visit facility and document visitation of facility ts�requirtd poi 15A NCAC 8A :0202 ('o) (5) (B). =r If signed by other than the pe.. 'tree• delegation of signatc %yiauihoriry must be --on file �uith;the rate per 15f; �tCAC 2E .0506 (b) C2) @). _ - Permit NC00'7051 ErFL 'I1'T �T-kTIORTS AND MONITORING �gUIRE112ENT5 — FIl�gi, �urilig the period beoinnin� on the effective date of this permit and lasting tine PernZittee is authorized to discharge from outiaB 001. and monitored b1- the permittee 2c specified below : until Such disc e>miration' har;es shall be limited ^LU�NT I LIMITS CHARAC T ER!STICS I MDNITDRING R_=DUIR=M=N7S Monthly I Wp'kly Ay_mq` I Daily I Maximum Measurement I Sample 5ampie Lorafion i=requenoy =iov; O.D4D MGD e I I tea•. �' Contjnuous Recording f i influent or -Efiiue n1 � 1c.5MO Weekly CGmpp6lte I GIB! SUSGGnoed Residue i 30.D mG!L =filUen i i I I S.D moiL I I nI„� Es n Weekw I Composite I �fflUeni II -ecal Coironn (Geometric mean) _OD110D ml JMonth I Composite I :::,n . -ftiu n, 40Qr1 OD ml i I i Weekly' Grab I Giai r?esjdL'al Cniorine I I _fijueni I I rc-ai (cam. i 2M eei: I _ Grab -�illJ�n1 I I _ I I 4L'eeki)' I Giab i Eifiuent � iab �=i11U�i,i I I ^ D 0—�= _ 'J_}'1' shal l nOi be less than C].0 siandard nor LreaTcr than 9 StaIldard Linits 7L121 e shall be no disc!'arec of I1oat'n-E! Solid, Or risible Ica, in-o't_her than race a-mOLIIITS Fast Track Worksheet Case Number LV 02 310 Facility Name ISilver Maple Mobile Estates Permit Number INCO047091 Previous Case Statutory Maximun $25,000 in the Last IYes per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor = • 1 O 20 O 3 O O 05 6 1.00 Exit 1.00 Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. 1.00 Comments Review month = February 2002 Prepared by Richard Bridgeman CO' G July 25, 2002 Mr. D.L. Sellers Silver Maples Community 2812 Plantation Road Concord, North Carolina 28027 W11iam G. Rom it_. Se.=etary North Carolina Department of Environment and Nanlml rR ources Alan W. Klimek. D.=. Director Division o` Water Quality Subject: Response to the NOV/NRE Silver Maples MHP WWTP NPDES Permit No. NCO047091 Cabarrus County, N.C. Dear Mr. Sellers: This office received your response to the NOV/NRE inspection report on June 24, 2002, wherein you advised that the subject facility was planning to connect to the City of Concord's sewer system. No date for connection was provided, therefore if you can not connect to the sewer system within six months, then you must immediately install an appropriate flow measurement device for flow proportional sampling. Please submit a written response to this letter by August 16, 2002 advising of your plans. Also be advised that this office will pursue appropriate enforcement for further violations. If you have any questions concerning this matter, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex G eason, P.E. Water Quality Regional Supervisor Enclosure cc: Cabarrus County Health Department A N. C. Division of Water Quality 919 North Main 5tree', Mooresville NC 281'.5 Phone (704) 602 16co FAX (704) 663-6040 OF W ATFR Michael F. Easley O� QG Governor c William G. Ross, Jr., Secretary > Department of Environment and Natural Resources p < Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality May 21, 2002 Tip I ��lv 0005- ba87 `» a� C RTIFIED MAIL RETURN RECEIPT REQUESTED Mr. D.L. Sellers Silver Maples Community 2812 Plantation Road Concord, North Carolina 28027 Subject: Notice of Violation/Notice of Recommendation for Enforcement Compliance Evaluation Inspection Silver Maples MHP WWTP NPDES Permit No. NCO047091 Cabarrus County, N.C. Dear Mr. Sellers: Enclosed is a copy of the Compliance Evaluation Inspection Report for -the inspection conducted at the subject facility on May 10, 2002, by Mr. Wes Bell of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation (NOV)/Notice of Recommendation for Enforcement (NRE) because of the facility's continued failure to collect flow proportional samples in violation of the subject NPDES Permit and North Carolina General Statute 143-215.1 as detailed in the Self -Monitoring Section of the attached report. Pursuant to NCGS 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to NCGS 143-215.1. Should this Office make an enforcement recommendation relative to the violation, you will be advised in writing. It is requested that a written response be submitted to this Office by June 10, 2002, addressing the deficiencies noted in the Self -Monitoring, Effluent/Receiving Stream, and Flow Measurement Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. Customer Service 1 800 623-7748 Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699 Fax (704) 663-6040 NOV/NRE Mr. D.L. Sellers Page Two This letter is also to advise you that this Office is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality for the monitoring violation of G.S. 143.215.1(a) and the NPDES Permit No. NC0047091. If you have an explanation for the violation that you wish to present, please include in the same requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along with the enforcement package for his consideration. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Cabarrus County Health Department AZ US Environmental Protection Agency, Washington, D.C., 20460 !r-a Form Approved. A Water Compliance Inspection Report AA OMB Approval Expires 87 Approval Expires 8-31-98 g NC Division of Water Quality / Mooresville Regional Office NCDENR Section A: National Data System Coding Transaction Code NPDES No. Yr/Mo/Day Inspection Type Inspector Facility Type N 5 NC0047091 02/05/10 C S 2 Remarks: Inspection Work Days Facility Evaluation Rating III QA ..........Reserved........... 1.5 2 N N Section B: Facility Data Name and Location of Facility Inspected: Entry Time: Permit Effective Date: Silver Maples Mobile Estates WWTP 10:45 am 01/01/01 2812 Plantation Road north of Charlotte Motor Speedway Exit Time/Date: Permit Expiration Date: Cabarrus County, North Carolina 11:44 am 03/11/30 02/05/10 Name(s) of On -Site Rep resentative(s)/Title(s)/Phone No(s)/Fax No(s): Mr. Jimmy Allison/ORC/803-548-5909 Name and Address of Responsible Official: Title: Manager Mr. D.L. Sellers Silver Maples Community 2812 Plantation Road Phone No: Contacted? Concord, North Carolina 28027 704-786-5577 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) X Permit X Flow Measurement X Operations & Maintenance X Sewer Overflow X Records/Reports X Self -Monitoring Program X Sludge Hand ling/Disposa I Pollution Prevention X Facility Site Review Compliance Schedules Pretreatment Multimedia X Effluent/Receiving Waters X Laboratory Storm Water Other: Section D: Summary of Findings/Comments See Attached Sheet(s) for Summary. Name(s) and Signature(s) of Inspectors: Wes Bell Signature of Management QA Reviewer Agency/Office/Telephone No: NCDW Q/MOORESVILLE/(704)663-1699 Agency/Office/Phone & Fax No: Date: 5/21 /02 Date: Date: EPA Form 3560-3 (Rev. 9-94) Previous editions are obsolete Silver Maples Mobile Estates WWTP Page Two The facility was last inspected by Linda Love of this office on June 27, 2001. PERMIT: The permit authorizes the continued operation of an existing 0.04 MGD contact stabilization treatment system consisting of a grit/surge tank, primary clarification, aeration, reaeration, final clarification, chlorination, effluent flow measurement, and aerated sludge holding tank. The permit requires the submittal of a flood plain analysis within 90 days after the permit's effective date. In addition, an Engineering Alternatives Analysis (EAA) was to be submitted within 180 days after the permit's effective date. The Division received documentation for both stipulations on 1/25/01. According to the facility's documentation (for the EAA dated 1/16/01), the City of Concord was in the process of constructing a second sewer line that would accommodate the WWTP's flow. The City of Concord's Wastewater Resources Director has indicated that the second sewer line has been constructed and there is sufficient capacity to connect the facility's entire waste stream into the City's sewer system. The permit for this facility became effective on 1/1/01 and expires on 11/30/03. RECORDS AND REPORTS: Records and reports consisting of Operator -in -Responsible Charge (ORC)/daily operation and maintenance log, process control data, and the calibration log were reviewed during the inspection. The records were organized and well maintained. FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE: The subject facility appeared to be operating properly at the time of the inspection. The mixed liquor appeared to be well mixed and adequately oxygenated. Screenings are disposed at the county landfill; however, screenings were observed on the ground adjacent to the bar screen. Please be advised that the permit requires that the facility be properly operated and maintained at all times. The ORC indicated that the screenings would be immediately removed for proper disposal. The process control program consists of pH (occasional), settleability, and dissolved oxygen measurements. Sludge Wasting is based on the settleability tests. The facility is staffed with one Grade IV ORC. A certified back-up operator has been designated and is available when the ORC is unable to visit the facility. The ORC was very knowledgeable of the treatment processes and equipment used at the facility. LABORATORY: Prism Laboratories, Inc. (Certification # 402 ) in Charlotte, N.C. has been contracted (via Test America, Inc.) to provide analytical support. The laboratory was not evaluated during this inspection. The pH and TRC meters and the thermometer appeared to be properly calibrated. Pppp Silver Maples Mobile Estates WWTP Page Three EFFLUENT/RECEIVING WATERS: The effluent was clear with trace suspended solids and no foam. The facility discharges into the Rocky River, which is a Class C water in the Yadkin -Pee Dee River Basin. The receiving stream was not evaluated during the inspection. The outfall location was not easily accessible at the time of the inspection. The facility shall provide a safe and accessible path to the outfall location to allow the ORC and regulatory officials the ability to observe (subjectively) the impact on the receiving stream. In addition, the permit requires that the facility be properly operated and maintained at all times. A review of the DMRs have indicated numerous TRC values in excess of 28,ug/1. Be aware that a stream action level of 17,ug/l has been established for total residual chlorine for chronic toxicity effects. An action level of 28µg/1 has been set as the maximum allowable effluent concentration to protect the receiving stream against acute toxicity effects. Please maintain the total residual chlorine concentration as low as possible, while still complying with fecal coliform limits. SELF -MONITORING PROGRAM: Self -monitoring reports were reviewed for the period June 2001 through January 2002, inclusive. A daily maximum BOD violation was reported on January 15, 2002. Note: This violation will be addressed by a separate NOV or civil penalty assessment. The noncompliant box was not checked for January 2002. If any violations (including daily maximum, weekly average, and/or monthly average) are reported, then the noncompliance box shall be checked and include an explanation of the corrective actions. The facility continues to collect composite samples by the constant time/constant volume method. The sampler has been set up (with the flow meter) to not sample while the facility is not discharging; however, there has been no modifications to the flow measuring device to enable the sampler to collect flow proportional samples. The Division denied the facility's request to collect time -based composite samples on 5/12/99. This facility has been cited in three previous compliance evaluation inspection reports dated 8/18/97, 2/l/99, and 8/9/01. The field analyses appeared to have been collected and analyzed within the required holding times. Rating: Unsatisfactory (This section is rated unsatisfactory due to the facility's continued failure to collect flow proportional samples). FLOW MEASUREMENT: Flow is measured continuously by a cable -type flow meter with totalizer and strip chart recording. The flow meter is calibrated annually by ORC. The flow meter was last calibrated on 3/8/02. Please be advised that the flow meter must be calibrated by an independent entity (Reference: EPA NPDES Compliance Manual, 1994). The time indicated on the strip chart recorder was greater than one hour from the actual time. Please be advised that the permit requires that the facility be properly operated and maintained at all times. In addition, 15A NCAC 2B .0505(b)(1) and the permit requires all flow measuring devices shall be capable of measuring flows with a maximum deviation of less than 10% from true discharge volumes. Silver Maples Mobile Estates WWTP Page Four SLUDGE DISPOSAL: Sludge is removed by Liquid Waste, Inc. of Charlotte, North Carolina and disposed at the Rocky River WWTP. SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit, and North Carolina Administrative Code (NCAQ 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the central office or the appropriate regional office (Mooresville Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the permittee became aware of the bypass. Overflows and spills occurring outside normal business hours may also be reported to the Division's Emergency Response personnel at 800-662-7956, 800-858- 0368, or 919-733-3300. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc...) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. dC1 C NCDEN.k Norr�rt Carolina Department or nvironment and Natural Resources Mooresvifla n_oional.. Omc=- c. i o No-,CTr Main Mear_sviiI_, Nan Ccrciirra ?g; Num�e.- .a. L�_=J (irtc:_ Cvr) II �. C n r 54 P P 5 C o l rT-P i �o SP v ,'C P{ C. l h i v1 D LA 0,1- -k e c t ea s �V f, i •��D. 1 I fZ'SSS January 18, 2002 Mr. Don Scllcra Silver Maples Community 2912 Plantation Road Concord, NC 29027 Re: Request for City Sewer Service Mr. Sellers: The purpose of this letter is to clarify the City of Concord's position regarding your request for City sewer service for Paradise Estates and the Silver Maples Community. Based on several years of conversation with you, I have come to better understand your collection system and what Concord could do to provide service to these communities. At our first meeting, you were intorestod in getting out of the sewer business. however, after we shared the cost of our service, there were some reservations about being able to afford any needed system improvements, connection or treatment fees. We understood your concerns about cost and had very little interaction with you until mid -year 2001. At that time, you were considering the prospect of petitioning the North Carolina Utilities Commission for a rate increase for the Paradise Estates sewer customers. On September 27, 2001, Mr. Jay Lucas with the Commission responded to your request in writing with ten stipulations before consideration of your requested rate increase. This letter then initiated another meeting between you and the City about sewer se - ice. On October 11, 2001, the Water Resources Director and 1 met with you to discuss the letter you received from the Commission along with options for allowing the City to provide sewer to Paradise Estates. We reviewed maps of your system and decided the most economical way of providing City service. The proposal was for the City to inspect the collection system in Paradise Estates, and have the option of receiving this system for ownership, operation and maintenance. The intention was to have the City of Concord conduct a closed circuit television investigation of the collection system to ensure there were no major deficiencies. There was a concern on, our part regarding the outfall sewer that runs along the property line behind the office. You advised that there was 20 feet of right of way platted for this line and that the right of way could be transferred to the City ZO'd 92 V1 Z007G OZ fil�W bObOS6ZbOZ:x2J d31N3D Sd0 NMOdg of Concord if we elected to accept the system. You also mentioned that there are several buildings on the right of way, which would bo rclov ated to provide access for the City of Concord. During our meeting, we also discussed the City's rates and policy requirements. Our discussion on rates was centered on the information I sent you on June 13, 2001 (Concord tap fees and WSACC Capital Recovery fees)_ We also discussed the City of Concord's policy that requires that anyone receiving our sewer service where City water is available, must also connect to our ulster system. Again, there was more discussion about the Cost of connections and monthly rates. Since our October 11, 2001 meeting, the Commission sent notices to all residents in Paradise Estates regarding a public hearing to discuss the requested rate increase. The public hearing was scheduled for February 7, 2002 but has been postponed. Considering the request you made for the City of Concord to take over the collection system in Paradise Estates, we would like to move to the phase of implementation. The Wastewater Resources Department is prepared to conduct an on -site investigation of the collection system in Paradise Estates. We will need approval of the entity that owns this systems that they agree to Concord conducting an on -site investigation and holding the City of Concord harmless. There also needs to be an agreement that this entity is willing to transfer the collection system and associated rights of way to the City of Concord if deemed acceptable by the City's investigation to take this system over. The other issue we need to address is having the City of Concord provide sewer service to Silver Maples. As 1 understand the collection system arrangements, Silver Maples and Paradise Estates, although on the same system, are separate in terms of property ownership, Silver Maples is a tract of property zoned as a mobile home park whereas Paradise Estates is comprised of deeded properties. Both Silver Maples and Paradise Estates discharge waste into a single package treatment plant on Rocky River. As part of the original request, you asked about the possibilities of discharging Silver Maples sewer into the City of Concord's system. The intent ryas for you to then abandon the package treatment plant and get completely out of the sewer business. In mid October of 2001,1 met with Robert Tripp of Concord Engineering and Surveying to discuss options for metering Silver Maples sewer flow and determine the best locations for you to mako Connection to the City of Concord. I have not heard for Mr. Tripp since that time. On December 10, 2001 application was made for a sewer tap to serve the Silver Maples Community. We have not taken action on this application due to the lack of information regarding the location of the connection and review of plans and specifications of the sewer meter. The City of Concord needs a set of drawings sealed by an Engineer fonthis connection and meter. Since this meter will be used for billing purposes, Concord will require the owner to sign a sewer meter agreement that stipulates how we frill based on these readings. Our staff would like to proceed with the preliminary phases of each of these projects. Please let me know if you have power of attorney to sign an agreement authorizing the City of Concord Wastewater Department to conduct an on -site investigation of the 20 'd Z2*T ZOOZ. 0Z fipW bObOS6ZbOZ: xpd d3iN3O Sd0 NNOdg Paradise Estates collection system. If so, we will provide you with this document for 7cns. ois-nawro. At tho nnmo timo, vvo will bG rvquvating the o-wnor's aignaturc on a meniorandurn of understanding that if the findings of our investigation finds no significant defects, the system and associated right of ways will be dedicated to the City of Concord. As for the application for the Silver Maples connection, we are on hold until sealed plans have been provided for our review. If you have any questions regarding our service connection requirements, please call me at (704) 920 — 535 i. I look forward to working with you. Sincerely, T. Mark Fowler Wastewater Resources Director Cc. Jay B. Lucas, P.E. North Carolina Utilities Commission Water & Sewer Division 4326 Mail Service Center Ralelgk NC' 27699-4326 John Murdock Water and Sewer Authority of Cabamis County RO. Box 428 Concord, NC 28026-0428 Robert Cansler, Staff Attorney Sam Misenheimer, Executive Director of Infrastructure Paul Campbell, Director of Enginewiog b0'd 8� 17T zooc 0Z 612W VOVOS61VOZ:X2J d31N30 SdO NMMS >k>k Tr- ansm i t Con-F. Report 4-1< May 21 '02 10:15 ---> 19197330719 No. 0003 Mode NORMAL Time 2'13" Pages 4 Page(s) Result 0 K