NC0022497_Enforcement_20111205

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sECROSS COUNTRY CAMPGROUND,.IN —
9 6254 NC HWY 150 EAST
3 S` DENVER NC 28037
or
ATTN: MR WRAY FRAZIER
swp/ma 12/5/12

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CROSS COUNTRY CAMPGROUND, INC
6254 NC HWY 150 EAST
DENVER NC 28037 3. Service Type
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NCDENR/DWO 73N
SURFACE WATER PROTECTION mrn )<
610 EAST CENTER AVENUE ®� N., M a
SUITE 301 rz A
MOORESVILLE NC 28115 0
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NR
North Carolina Department of Environment and Natural Resources
Division of Water flitY
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 5, 2011 4r
(,F ,R:fjFjF,',j) MAIL 7010 2780 0003 14618761
a,'LTURN RF-C-]EtPT REQUESTED
Mr. Wray Frazier
Cross Country Campground, Inc,
6254 NC Hwy, 150 East
Denver, North Carolina, 28037
SUBJECT: Notice of Violation and Assessment or civil
Penalty for Violations- of N,C, General Statute
143-215. 1 (a) ,(6) and NPDES permit No. NC` 0022497
Cross Country Campground WWTP
Catawba County
Case No, LV-2011-0313
Dear Mr. Frazier:
This letter transmits a Notice of'Violation and assessment of civil penalty in the amount of
$33738 ($200-00 civil penalty + $137,78 enforcement costs) against Cross Country Campground, Inc.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for August 201,1. This review hasshown the subject f
'i acility to be in
violation of the, discharge limitations found in NPDE S lie nit No. NC002249T The violations are
summarized in Attachirient A to this letter.
used upon the above, cts o Cr round
fa , I conclude as a matter of law that Cr ss Country C,
Inc. violated the terms, conditions, or requirements of NI)DES Pernut No. NCO022497 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 GS" 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 Cross COUntry
Campground, Inc.:
Nlo,orewHe Regiortat Office
LOGOun ' 610 East Genter Ave., Suite 3011 moormille. NC 28115 6 Otte
Phone: [phone] Fax; (704)6640'� 3-60Customer Servim 1-877-623- 748 NofthCarohtia
tnternettiftpiportaLnalertr oF9iweb,,w7 Naturally
An
d;10% Post C',0nsUMfN'PaPRf

$- 137.78
For 2 of the two (2) violation(s) of G.S. 143-215. 1 (a)(6) aill
id
NTPDES Permit No. N'CO022497, by discharging waste into the
vvaters of the State in violation of the permit daily maximum
effluent 111niffor fecal coliform.
TOTAL CIVIL PENALTY
Enforcement costs
33T78 TOTAL ANTOIT T DUE JN
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. 14313-2811 (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 cif rectifying, the. damage;
(5) The amount of money saved by noncompliance;
(6) Nkhether the violations Nvere 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 y:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include ivaiverfi)rrri). Payment ofthe penalty will not foreclose further
enforcement action for any continuing or new viol ation(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 amountof 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 rnu t 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
, ved, the following factors shall be
below. In deten-nining whether a remission request will be a I )pro
considered:
(1) whether one or inure of the civil penalty assessment factors in G -S, 14313-282.I (b) were
wrongfully applied to the detriment of the petitioner; sulting frorn,
(2) whether the violator Promptly abated continuing environmental damage re
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) vvhether illc previous violations; or
, violator had been assessed civil penalties for any
(5) whether payment of the civil penalty will prevent paymentfor the remaining necessary
remedial action&
Please note, that all informationpTesented in support of your request, for remission must be
submitted in Nvrifing. 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 1rallier appeal of the penalty to the
Environmental Management. Commission's Committee on Civil Penalty Remissions (Committee),
Please be advised that the Cotrunittee 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 RemissionRequest." Both forms should be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
161,7 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition far 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 forrn from the Office of
Administrative flearings. You must file the petition with the Office of Administrative Hearings
within thirty, (30) days of receipt of this notice.. 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 tlie signed original, one (1) copy and at- -ping fee (if a filing

fee is required by NCGS § 1 50B-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 forth Office of, dministrative
Hearings are as follows:
Office of Administrative 11carings
6714 Mail Service Center
Raleigji., NC 27699-6714
Tel: [phone], Fax: [phone]
One, (1) copy of the petition must also be served on DENR as follows -
Mary PennyThompson, General Counsel
DENR
1601 Nlail 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 postinark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advisedthat additional penalties'may be assessed for violations that occur after the
review period of this assessment, Ifthe violations are of a continuinR nature, t related to operation
----__no----
Mooresville lie -gi,onal Qfficeat 3 - ---L7_ A6_1699,
(Date.) Robert B. Krebs, i egional Supei-visor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
AT'FACHMf-,,'N'Fs
M Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcernent File w/ attachments
Central Files -w/attachrrients
rk/ma

ATTACHMENT A
CASE NO. LV-2011-0313
Outfall Date Parameter —Rexo—jrte-dValue Permit _Limit
001 9/4/11 Fecal coliform 510 CF J tT/100
mL 400 CFI,J";'100 mt, (Daily maximum)
001 8/24/11 Fecal coliform 680 CFIJ/100 to 400 CRT/100 mL, (Daily maxino,m)
Cross Country Campground, Inc. did not provide a response to NOV-201 I-LV-0551, dated
November 10, 201, 1. Mitigatingfia.tors were not found on the August 2011, DMR to result
in a reduced civil penalty.

STATE OF NORTH CwAROUNT
COUNTY OF CA T'AWBA
DEPARTMENT OF ENVIRONMENT
T
A,N NATU'R L RESOT.JRCES
IN TfIE MATTER OF ASSESSMENT WAIVER OF RiciarTO AN
OF CIVIL PE.ItiAL"1"Y AGAI1 S» IR ADMINISTRATIVE HEARING AND
CROSS ry�..�I�TRY CAMPGROUND, STIPULATION OF FACT
'INC.
PER IIT .N('0022497
TILT. NO. L.V-201I-031
Hav,ing been assessed cis i I penalties totaling 37.78 for violationas set forth in the
assessment docurnent of the Division of eater Quality dated Decemberf 2011, 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
dnccarnent. 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 ofWater 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.
l"his the m_,...; _ days of .... _._ _ � _ ..:. 2011

DWQ Case Number: L -201 l - i 31
Assessed Dart'. Cross Country Campground, Inc.
County: Catawba
Permit Number: NCO022497
Amount Assessed: 337.7
Please use this form when requesting remission of this civil penalty, You must also complete the
"Reqyest ar rr zv i r�-#17 _, er o f plat to aura .. c irx °trc tr # r e r t�ylation . " c i, i
t to request remission of this civil penalty. You should attach any d(acaat ent that you betiev
support your realest and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited t consideration of the few° factors
lasted belovv as they rnav relate to that reasonableness of the amount of the civil penalty assessed.
Requesting rernission is not the proper procedure for contesting whether the violatioaas) occurred or
the accuracy of any of the facttaal statements contained in the civil penalty assessment doctaaaaent
Pursuant. to N.GG . § 1 31 -282.l c , remission of a civil penalty may be granted only when one or
ore 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 shy the -
factor applies (attach additional pages as needed).
_ a one or more of_nth a3 1 e atty� ass �rngt f tea` in e Cl. . 1 3B-L- tC!21 r
vvrora fatlly. a Led to the d .tr t e tvp t titior or (the s e.�,�pnen� �cac°ttar are listed air the civil
penalty assessnient document:
t the vial tc?r pr na tl hate contI uing ero jr entg rags resaahan _from the
violation (i.e,,, explain the steps thatyou took to correct the violation sand ereventfiti ure occurrences-)"
(c) the ;viol doll ww s inadvertent or a result of an­c id a t (i.e., explain wl,y the violation
was unavoidable or something you could not prevent or r are. r),i
d the violator had not been ass ed civil pen, hies or ally .reviggss rtr�latia �r
_ e Mygvqnt caf the_ fiv°UTT m ^il reveiat F°nient for f tl Ic!ntttlnin nices ry remedial
actions (i.e,, explain how pr�yrr e nt of the civil penalty will prevent ou 'frcamperformin the activities
necessary to achieve compliance)
XPLA N ATII ON- (use additional pages as necr scar®y)

NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
Violator: Cross Counu:y _C AnTggroundjnc,
Facility : Cross Country Carnparoand , WWTP
County; Catawba
Case Number: I V-2011-0313
Permit Number- NCO022497
RML N�-1 5
1) The effect on ground or surface water quantity or quality or on air quality - The effect on the
receiving stream is unknown. Fecal coliform is an indicator species for possible pathogens and
increased levels can signal human health hazards,
4) The cost of rectifying the damage - The cost is unknown.
5) The amount of money saved by noncompliance - The amount 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. A cause for the violations
was not noted on the August 2011 DMR,
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority, - There have been 17
previous CPAs for the Cross Country Campgrounds, Inc. WWTP during the life of the permit; three
CPAs were issued in the past twelve months..
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $137,78,
Date Robert B. Krebs, Regional -§—upervisor
Surface Water Protection
Mooresville Regional Office - Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for: Repan Orae11107111 Pagw I of 3
PERMIT: NCO022497
FACILITY: Cross Country Campground -Cross Country
COUNTY:
Catawba
REGIOW Mooresville
Campground
Limit Violation
MONITORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
08-2011 001
Effluent
ColIform, Fecal MP, M-FG
08104/11
Weekly
#/100MI
400,,
51 0'','
27,5
Lally Maximum Exceeded
None
Broth,44 5C
08-2011 001
Effluent
Coliform, Fecal NIP, M-FC
08/24111
Weekly
#/100ml,
400
680
70
Daily Maximum Exceeded
None
Broth,44SC
PERMIT:
FACILITY-
NCO064699
Halina, R Gonave - Lake Norman
Motel WWTP
COUNTY:
Catawba
REGION: Mooresville
Limit Violation
MONITORING OUTFALLI
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
08-2011 001
Effluent
Coliform, Fecal MF, M-FC
08112111
Weekly
*100ml
400
510
27,5
Daily Maximum Exceeded
None
Broth,44.5C
PERMIT: NCO051918
FACILITY: Cleveland County Water - Cleveland County WTP
COUNTY;
Cleveland
REGION. Mooresville
Limit Violabon
MONITORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
-4,
REPORT FRI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
08-2011 002
Effluent
Solids, Total Suspended -
08103111
2 X month
mg/l
45
78 Y.
7333
DaHy Maximum Exceeded
None
Concentration
08-2011 002
Effluent
Solids, Total Suspended -
08131111
2 X month
mg/I
30
39
30
Monthly Average Exceeded
None
Concentration
---- ----
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