WQ0032016_Remission Request LV-2020-0308_20201112

DowSW Envelope ID:9CA3A9CD-178F-4C39-9FOA-6B49E7F2A768
•
RECEIVED
JUSTIFICATION FOR REMISSION REQUEST NOV 12 1020
NCDEQ/DWR/NPDES
Case Number: LV-2020-0308 County: Buncombe
Assessed Party: The Views at Rose Hill Homeowners Association Inc
Permit No.: W00032016 Amount Assessed: $881.29
•
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
/� something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance). ,
EXPLANATION: See ��-41 a 12 re 41 CLe V(
0 4'1 F" " .

• '
•
DteuSign Snvelore 15a:SC.A.ItaCID-1/8/--4C39-9P246648E/F2A756
STATE OF NORTH CAROLINA DEPARTMEW OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF( EVIL PENALTIES AGAINST ) ADMINISIRATIVE HEARING
) STIPULATION OF FACTS
The Views at Rose HIM Homeowners Association hic )
Rose Rill Plantation
PERMIT NO.WQ0032016 ) CASE NO. IN-24)70-0:108
Having been assessed civil penalties totaling$881.29 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated October 20,202Q,the undersigned,desiring to seek remission of the civil penalty,does hereby
waive the right to en administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further tualerstands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will.be allowed after(30)days from the receipt of the
notice of aSsessment.
This the
day of l'ICVEYr
SIGNATURE
RECEIVED
ADDRESS
NOV 1 2 2020
NCDECIIDVVRINPDES ell° Li/TA/ /.17
rl r, **1--elf
TELEPHONE
3--7 /// 0

moRpB Systems
Construction Services•Contract Operations•Maintenance
November 3, 2020
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1617
Re: Notice of Violation& Assessment of Civil Penalty
LV-2020-0308
WQ0032016
Rose Hill Plantation
To Whom it May Concern:
This letter is in response to your 10-20-20 violation and civil penalty letter to Rose Hill
attached.
On behalf of Rose Hill we request a reduction in civil penalty based on the following
criteria outlined in your penalty as follows:
1. Degree & extent of harm to natural resources,public health, and private property-
the 5/20/20 sampling event was the first time in 12 months any violation occurred
and was a result of several equipment failures.
2. The duration and gravity of the violation- one sampling event for BOD
exceedance and two fecal samples in 12 months of testing.
3. Effect on ground or surface water- one-month spike with previous 12 months
compliant should be very minimal, no runoff occurred.
4. Cost of rectifying the damage- The POA has actively approved and paid for
repairs to aeration equipment, mixers, electrical controls and drip irrigation at a
cost of over$ 20,000 since February 2020 to correct equipment failures.
5. Amount of money saved by noncompliance-none but spent over$ 20,000 since
February 2020 to date.
6. Weather violation was committed willfully or intentionally- no one wants any
violation to occur. Neither BOD nor fecal can be determined in the field prior to
awaiting on lab results that take a week to ten days to receive.
7. Prior record of violation in complying or failure to comply-no violations have
occurred for several years. Most recent violation was for missing total nitrogen
and total phosphorus samples in 2017 when permit changed to include these
parameters without knowing of changes in permit.
8. Cost of State of enforcement procedures-to be determined by others.
P.O. Box 1325 Asheville,N.C. 28802
(828)-251-1900 (828)-251-1945

,
Notice of Violation&Assessment of Civil Penalty 11/3/20
Rose Hill WQ0032016 RPB Systems,Inc.
This violation occurred in the first year Rose Hill Community was no longer under
declarant control with a new management and volunteer POA Board. Rose Hill has
spent considerable money and effort to upgrade an aging wastewater system with
complex issues. They have been very proactive in needed repairs and have not limited
financial resources in meeting the needs of the WWTP. All areas of concern have been
addressed without delay.
Per the remission request factors outlined in your letter:
1. Whether one or more of the civil penalty assessment factors was wrongfully
applied- Violations did occur but monetary amount is a detriment to thin budget
in trying to make needed repairs.
2. Whether violator promptly abated environmental damage from violation. Rose
Hill was making needed repairs to system before violation occurred and continued
long after.
3. Whether violation was inadvertent or result of accident- The plant had electrical
control issues,blower& motor, and anoxic mixer outages prior to the violation
and were actively making repairs when violation occurred. Each repair lead to
another needed repair as equipment failures were layered in discovery. One
repair would lead to another issue.
4. Whether to violator had been accessed civil penalties for previous violations- We
could not find another civil penalty in the past prior to this violation.
5. Whether payment of the civil penalty will prevent payment for remaining
necessary remedial action. The repairs to date of over$ 20,000 were assessed and
funded by the community with each dollar tightly committed to the needed repairs
with no additional funds for other expenses other than continuing to run the
system.
In summary a violation occurred in May of 2020 while the client was proactively making
extensive repairs to the aging system at a considerable expense. All effort has been taken
to be compliant without hesitation. We understand civil penalties are encouraged for
non-compliance, but we request a reduction in amount of penalty for the proactive
approach at a considerable expense by the Rose Hill Community.
Call if you have any questions.
Robert Barr
Cc: Rose Hill
Landon Davidson, Asheville
File
Page 12

DocuSlgn Envelope ID:9CA3A9CD-178F-4C39-9FOA-6649E7F2A768
ROY COOPER .. -
cowrnor
MICHAEL S.REGAN!
Secretors ..-
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail#7020 1290 0001 1766 9054
Return Receipt Requested •
October 20,2020
Keith Ginsburg
The Views at Rose Hill
2 Walden Ridge Rd.
Ste. 90
Biltmore Forest,NC 28803
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non-discharge Permit No.WQ0032016
The Views at Rose Hill Homeowners Association Inc
Rose Hill Plantation
Case No.LV-2020-0308
Buncombe County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S881.29(S750.00 civil penalty
+$131.29 enforcement costs)against The Views at Rose Hill Homeowners Association Inc.
This assessment is based upon the following facts: a review has been conducted of the Non-Discharge Monitoring
Report(NDMR)submitted by The Views at Rose Hill Homeowners Association Inc for the month of May 2020. This
review has shown the subject facility to be in violation of the limitations and/or monitoring requirements found in
Non-discharge Permit No. WQ0032016. The violations,which occurred in May 2020,are summarized in Attachment A
to this letter.
Based upon the above facts,I conclude as a matter of law that The Views at Rose Hill Homeowners Association Inc
violated the terms,conditions or requirements of Non-discharge Permit No. WQ0032016 in the manner and extent shown
in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
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ak=$:re:4'a;::9:• _j"(,r...a< Ijw4•^4'31 '4::t^.M'> r32S" `j

, DocuSign Envelope ID:9CA3A9C0-176F-4C39-9FOA-6f349E1F2A76e
Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.
Landon Davidson,P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty
assessment against The Views at Rose Hill Homeowners Association Inc_
$250.00 l of 1 violations of the Permit Monthly Average for ROD,5-Day(20 Deg.C)per the limits
established in Permit No.WQ0032016
$500.00 I of 1 violations of the Permit Monthly Geometric Mean for Coliform,Fecal MF,MFC Broth,
44.5 C per the limits established in Permit No. WQ0032016
$750.00 TOTAL CIVIL PENALTY
$131.29 Enforcement Costs
$881.29 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(30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

DociiSign Envelope ID:9CA3A9CD-178F-4C39-9F0A-6B49E7F2A76B
• Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(I) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status,directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirt\ (30)days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

, DocuSign Envelope ID:9CA3A9CD-178F-4C39-9FOA-6849E7F2A76B
•
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received'in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided
the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-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:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal
date/time received stamp(not a postmark); will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact G. Landon Davidson with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4500 or via email at landon.davidson(?ncdenr.gov.
Sincerely,
cDocu8igned by;
7E817A38285848C...
G. Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACIIIv ENTS
Ec: LA'

f I
DocuSlgn Envelope ID:9CA3A9CD-178F-4C39-9F0A-8649E7F2A76B
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0308 County: Buncombe
Assessed Party: The Views at Rose Hill Homeowners Association Inc
Permit No.: WQ0032016 Amount Assessed: $881.29
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

Docutigh Envelope ID:9CA3A9CD-178F-4C39-9F0A-6B49E7F2A76B
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
•
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
The Views at Rose Hill Homeowners Association Inc )
Rose Hill Plantation )
)
PERMIT NO.WQ0032016 ) CASE NO. LV-2020-0308
Having been assessed civil penalties totaling$881.29 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated October 20,2020,the undersigned,desiring to seek remission of the civil penalty,does hereby
waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the day of ..._._. ,20
•
SIGNATURE
ADDRESS
TELEPHONE

• Docu5Ign Envelope ID:9CA3A9CD-178F-4C39-9F0A-6849E7F2A768
ATTACHMENT A
The Views at Rose Hill Homeowners Association Inc
CASE NUMBER: LV-2020-0308
PERMIT: WQ0032016 REGION: Asheville
FACILITY: Rose Hill Plantation COUNTY: Buncombe
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
5/31/2020 5-2020 BOD,5-Day(20 Deg. Monthly mg/I 30 37.35 24.5 Monthly $250.00
C) Average
Exceeded
5/31/2020 5-2020 Coliform, Fecal MF, Monthly #/100m1 200 825.83 312.9 Monthly $500.00
MFC Broth,44.5 C Geometric
Mean
Exceeded

• VocuSign Envelope ID:9CA3A9CD-178F-4C39-9F0A-6B49E7F2A76B
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
The Views at Rose Hill Homeowners Association Inc )
Rose Hill Plantation )
PERMIT NO.WQ0032016 ) CASE NO. LV-2020-0308
Having been assessed civil penalties totaling$881.29 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated October 20,2020,the undersigned,desiring to seek remission of the civil penalty,does hereby
waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the day of _. ,20
SIGNATURE
ADDRESS
TELEPHONE

DocmSTgn Envelope ID:9CA3A9CD-1 78F-4C39-9FOA-6B49E7F2A76B
ATTACHMENT A
The Views at Rose Hill Homeowners Association Inc
CASE NUMBER: LV-2020-0308
PERMIT: WQ0032016 REGION: Asheville
FACILITY: Rose Hill Plantation COUNTY: Buncombe
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
5131/2020 5-2020 BOD,5-Day(20 Deg. Monthly mg/I 30 37.35 24.5 Monthly $250.00
C) Average
Exceeded
5/31/2020 5-2020 Coliform,Fecal MF, Monthly #/100m1 200 825.83 312.9 Monthly $500.00
MFC Broth,44.5 C Geometric
Mean
Exceeded