NC0036935_LV-2020-0310 Remission Request_20201119

November 13, 2020 RECEIVED
NOV 19 2020
NC Dept.of Environmental Quality
Wastewater Branch, Div. of Water Resources NCDEQIDWR/NPDES
1617 Mail Service Center
Raleigh, N.C. 27699
Attn. Mr. S. Daniel Smith
Director, Division of Water Resources
Subject: Pine Mtn. Property Owners Association
NPDES NC0036935-Burke County
NOV/Civil Penalty response
Request for Remission
Case No. LV-2020-0310
Dear Mr.Smith,
Per option 2 of NOV/Civil Penalty assessment Case No. LV-2020-0310 received November 10, 2020, Pine Mtn. Lakes
NPDES permit NC0036935 in Burke County, respectively requests remission of civil penalty in amount of$500.00 dollars
+ $136.45 in enforcement costs,for total amount of$636.45. Pine Mountain Lakes& POA requests remission of the$
500.00 dollars due to factor number (5) whether payment of civil penalty will prevent payment for the remaining
necessary remedial actions'. Pine Mtn Lakes POA has recently changed ORC's who is currently implementing a "process
Control" program consistent with requirement section A. (3) of NPDES permit NC0036935.
In order to implement this plan, our new ORC has had to acquire testing and monitoring equipment to perform
settleability, dissolved oxygen, sludge depth measurements, solids determination, in addition to alkalinity and a simple
ammonia nitrogen test for process control of the WWTP. Our effluent ammonia nitrogen is sent out to a certified lab for
analysis. In addition to process control testing equipment, Pine Mtn. has secured a `new' ultrasonic flow meter to be
installed later this month at a cost of over$3000.00.So, in an effort to continue moving in the right direction and
complete necessary remedial actions, we respectively request remission.
Should you have questions or need additional information, please contact us at 828-437-4894, email
[e-mail], or written correspondence. We look forward to hearing from you and your assistance in
helping us meet our NPDES permit and complying with the regulations.
Sincerely,
E24,t_ttl
Edith Stitt, Pine Mtn. POA President
Attachments
Cc: Linda Wiggs—NCDEQ-DWR-ARO
G. Landon Davidson, PG-Regional Supervisor—WQRO section-ARO
Don Price-Pine Mtn. Lakes WWTP ORC

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DocuSign Envelope ID:60C33547-DF34-4EBD-B431-E3E0940EE0C5
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0310 County: Burke
Assessed Party: Pine Mountain Property Owners Assoc
Permit No.: NC0036935 Amount Assessed: $636.45
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty maybegranted onlywhen one or
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more of the followingfive factors apply. Pleasecheck ty pp y 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:
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DocuSign Envelope ID:60C33547-DF34-4EBD-B431-E3E0940EE0C5
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN •
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Pine Mountain Property Owners Assoc )
Pine Mountain Lakes WWTP )
PERMIT NO.NC0036935 ) CASE NO. LV-2020-0310
Having been assessed civil penalties totaling$636.45 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated October 21,2020,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 4 day of �pv-e& beK , 20 26 Z6
SIGNATURE
ADDRESS
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