NC0022497_Enforcement_20150828

y COOPER
MICHAEL S, REGAN
waterResources S. JAY ZIMMERMAN
NVI NT L QUALMr t Patr'
June 1, 2017
Mr. NVray Frazier
Cross Country Campground
6254 NC Hwy 1
Denver, NC 28037
Subject: Payment Acknowledgement
Toss Country Campground
Permit NC0022497
Case No. LV-201 - 1 ?
County Catawba
Dear ]'fir. Frazier:
This letter is to acknowledgereceipt ofpayment in the amount of $646.97 received from you on
06/13/2017. This payment satisfies in full the above civil assessment levied against the -,,object facility;
d this case has been closed. payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
If you have any questions, please contact Wren "Thedford at 919-807-6397.
Sincerely,
Wren " hedforCt
cc; Central Files
PPE
Mooresville ille Regional ion;il c
State of'North Carolina I Environmental Quality l 'Water Resources,
610 East Center avenue, Suite 301, Mooresville, hVC 2811

do
r rm Conna,Day < onna.day ccc mp round.com
Seat: Monday, ,June 05, 2017 3:59 BM
To. Basinger, Corey
Subject: RE: Civil penalty case t - Cf -Cf4
Corey,
My CPA found where we wrote the check on September 12,2015 and mailed it to your office but the check never cleared
the bank therefore, we will write another check this Thursday June 8th and put it in the mail to cover this charge, we will
also include a copy of the letter with the check.
Donna tray
Manager'
Cross Country Campground
From: Basinger, Corey [corey.baingerncdenr,go]
Sent: !Monday, June 05, 2017 : 4 PM
To: Donna.Day
Subject. RE: Civil penalty case L -2015- 142
Many thanks for your efforts to assist me in resolving this matter.
Corey
W. Corey Basinger
Regional Supervisor
Division of Water Resources
Mooresville Regional Office
Department of Environmental Quality
Chairman
Water Pollution Control Systems Operator Certification Commission
704- S- 1 4 office
[e-mail]
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Entail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
--__-Original message--_
From; Donna.Day [mailto:Donna day cccamp round.com[
t

Sent: Monday, June 05, 2017 231 P
To: Basinger, Corey <[e-mail]
Subject. RE: Civil penalty case LV-2015-0142
I "m sure we have paid all fines, let me get with my CI A to check the records of payments made,
Thanks
Donna Da
Manager
Cross Country Campground
From. Basinger, Corey [corey.basingerncdenr.gov
Sent: Monday, June 05, 2017 9:45 ACV9
o. Donna -Day
Cc; Ritner, Andrews, Bell, Wes
Subject; Civil penalty case-LV-2015-0142
Ms, Day;
I hope all is well with you.
The purpose of my email to ask for your assistance in gathering information relative to a civil penalty case (LV-2015'-
0142) that was issued to the Cross Country Campground, Inc. (Crass Country Campground WTP) on August 28, 2015 in
the amount of $646.97 for effluent limitation violations:
I have been tasked with cleaning up our database and this case is listed as outstanding without payment. if you would
be so kind as to investigate within your records to determine the status of this case, it would be most appreciated.
If you have records that demonstrate this civil penalty was paid, I can correct our database following: receipt of that
information'. I apologize in advance for any inconvenience this may cause you:.
if you find that the civil penalty has not been paid, I would like to discuss settlement of this case with you at your
convenience. I may be reached directly at 74-235-2194,
Many thanks for all your assistance in this matter;.
Corey
W. Corey Basinger
Regional Supervisor
Division of Water Resources
Mooresville Regional Office
Department of Environmental Quality
Chairman
Water Pollution Control Systems Operator Certification Commission
704-235-2194 office
[e-mail]
Mooresville esville Regional Office
610 Cast Center Avenue, Suite 301
Mooresville, PAC 28115
[cid: rage 03,png@OlD2 DEO.7'246A 9O];
2

ppppppp,
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
3

Pat McCrory Donald van der Vaart
Governor Secretary
August 28, 2015
CERTIFIED MAIL 7015 0640 0002 9295 6293
RUMN RECEIPT RF,!2 JESTED
Mr. Wray' Frazier
Cross Country Campground. Inc.
6254, NC Hwy 150 E
Denver, NC 28037
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. 1a)(6) and NPDES Permit No. NCO022497
Cross Country Campground WWI'P
Catawba County,
Case No. LV-2015-0142
Dear Mr. Frazier:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$646,97 ($500 civil penalty + $146.97 enforcement costs) against Cross Country Campground, Inc.
This assessment is based upon the following facts: A review has been conducted oft e self -
monitoring data reported for April 2014. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. lei CO022497, The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Cross Country Campground,
Inc. violated the terms, conditions, or requirements of NPDES Permit No. 2497 and North
Carolina General Statute (G . S.) 143 -21I (a)(6) in the manner and extent shown in Attachment A. A
civil penalty may be assessed in accordance with the maxim 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 Resources, 1, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against Cross Country Campground, Inc.
Mooresville Regional Office,
Location, 610 East'Center Ave- Su, to 301 Mooresville, NC 28115
Phone: (704) 5"" 53-16991 Fax; (704) 3ta3-6040CUstomer semlm 1-877-623-6,748
lntemet. �tp-.,,yportah,rscderf.orq,wetlwq
An Affinna4ve Actfon Em;AutysT - 30%, RecycledMA Pam par*-

500.00 For I of the One (1) violation of G.S. 143-215. 1(a)(6) and
NPDES Pen -nit No. NCO022497, by discharging waste into the
waters of the State in violation of the permit Monthly Average
effluent limit for Annnonia.
S146.97 —
$_ 646.97
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), v.,hich are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, of 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 ancount 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 folloNving:
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.16mi). 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
MW

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
remissionis 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 often 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 Resources at the address listed
below. In determining whether a remission request will be approved, the following factors shall be
considered;
onst
(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) i&rhetber 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 in.formation 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
infarm, you of his decision in the matter of your remission request. The response Nvill, provide details
regarding case status, directions for payment, and provision forforther appeal of the penalty to the
Environmental Management Commission's Committee on, Civil Penalty Remissions (Committee).
Please be advised thatthe 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
anAdministrative Hearing and Stipulation of Facts" form within thirty (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
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. dxninistrat.ive Hearings
within thirty (30) days of receipt of this notice. A petition, is considered filed wheult 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 § I 5OB-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 ofAdministrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows-,
,Mr. Sam M. Hayes. General Counsel
EN
N R'
1601 Mail Se ice 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 advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions about this civil penalty,assessment please
contact staff in the Mooresville Regional Office at [phone].
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
AT-I'ACHMENTS
cc: Mooresville Regional Office Compliance File wl attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Filesw/ attachments

Outfall Date Parameter Reported Value Permit Limit
001 4/30/2014 Ammonia 8.56 mg/[* 3 rngfl (Monthly Average)
Denotes civil penalty assessment
The Cross Country Campground, Inc. did not provide a response toNOV- 2015-LV-0165.
Comments written in the April 2014 DM R received on June 18, 2 014 were reviewed by
DWR staff, Mitigating factors were not found to result in a reduced civil penalty arnonnt.

STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
IN THE MATTER OF ESSM I T
OF CIVIL PENALTY AGAINST
CROSS THY CAMPGROI; , I'NG
)
PERMIT NUMBER NCO022497
DEPARTMENT OF ENVIRONMENT
,AND NATURAL RESOURCES
WAIVER OF RIGHT TO M
FILE NO. LV- tll _t 14 '
Having been assessed civil penalties totaling + 46.97 for violation s) as set forth in the
assessment document of the Division ofWater Resources dated March 19, 2015 the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
iistrative
hearing in the above -stated utter and doses 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 eater Reso roes 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 f ror a the receipt of the notice of assessment.
This the _ day of M 01
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0142
Assessed Party: Cross Country Campground, Inc.
County: Catawba
Permit Number: NCO022497
Amount Assessed: $646.97
Please use this form when requesting remission of this civil penalty. You must also complete the
I C
"Reauest For Zemission Wqiv� �rw `Jaht to an .4dininistrative Hearing ariw Sti ulation ot'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 Nvhy the
factor applies (attach additional pages as needed).
(a) one or more of the were
wronLifultv ao-plied to the detriment of —the (the assessment./actors are listed
in the civil penalty ass essment document);
(b) the violator pyro2rpptly abated contimn ii ii:g envi romnental damA Oe rL'S 1, 1 11' , from the
violation (i.e., explain the steps that you took to correct the violation and prevent
_Inture occurrences).
(c) the violation was inadvertent or a result of an accident (i.e., explain wl�y the violation
was unavoidable or somethingyou could not prevent or' preparejb);
(d) the violator had not been assessed civil Renalties fQr any previous violations;
(e) pAyinent of the civil Denalty will prevent payment for the tgnjqimr&peeessary reined al
actions (i. e., explain how payment of the civilpenalty willprevent you tom performing
the activities necessar vv to achieve compliance).
EXPLANATION: (use additional pages as necessa?j)

I
Violator: Cross
Facility: Cross fount Camneround WWTP
County: Catawba
Case Number: LV-2015-0142
Permit Number: NCO022497
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,
2) The duration and gravity of the violation; The Ammonia monthly average permit violationwas
exceeded by 185.4%,for April 2014.
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 willfull* or, intentionally; The Division of WaIari Resources
has no evidence that the violation was committed willfully or interttionally�
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 have, been 19 previous CPA's for the Cross Country Campground W'WTP with the last CPA
being issued on December 23, 2011 for fecal coliform and TSS daily niaximum permit limit violations
in September 2011.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146,97.
t�&te Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR