NC0022497_Enforcement_20111223 (2)

Beverly Eaves Perdue
Governor
FILE
MU-6ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
nleen H, Sullins Dee Freeman
Director Secretary
December 23, 2011
TURN RELUPT REQUESTED
Mr,Wray Frazier
Cross Country Campground, Inc.
25'fit' 11wy 150 Est
Inver, North f arolina 2803
UBJEC " Notice of Violation and Assessment of'OvIl
Penalty for Violations of N,C. General neral tatute
1 3-215.1(a)(6) attd NPDE S Pe -nt No. ? CO0224 97
Cross Country Campground WWTP
Catawba County
Case No. t,V-2011-0336
Dear Mr. f{'ra ier:
This letter transmits a Notice of Violation and assessment of civil penalty in, the arrroun of
µ 3T7 ($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 September 2011. This review has shovvrr the subject facility to bein
violation of the discharge limitations found in NPDES leer. it No. CO0224 7, The violations are
surnmari ed in Attachment ent A to this letter.
Based upon the above , acts, I on lude as a matter f lay that Cross t`c�untr� C`aMpgrc� nd
Inc. violated the te; rs, conditions, or requirements of NPDES Pe it No. NCO022497 and North
Carolina C_ieneral Statute (G.S.) 1 3-31:.1(a)(in the manner and extent shown in Atta hraent A.
civil penalty may be assessed in accordance with the ma° imur s established by G.S. 143-
31>.6 (a)t ,
Based upon the above findings of fact and conclusions of law, and it accordance with authority
provided by the Secretary of the Department of Eriviron ent mad Natural Resources and the Director
cif"the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional uper isor
for the Mooresville Region,, hereby make the following civil penalty assessment ent against Cross C", rrrrtry
Campground, Inc,
r�r�sa�Cfe �ne�i �s�
LoCatbn 610 East Cent r Ave, Suite 201 Mooresville NC 28115 fi
PN)ne (E Ia ) 66 a t699 Fay jG 1 65,63-6040 k Cuqtomer SeNice 1- f 7 -623 6 48 o arolh1
Ime net .4p lfporW nc&iv, orgm ,r,Nq l ur 11

'00.06 For'..— I,--- of the one (1) violation of G.S, 143-215.1(a)trod
NPDES Permit No. NCO022497, by discharging waste into the
waters of the State in violation of the permit daily rnaximurn
effluent limit for fecal coliforin.
For I of the one (1) violation of G.S. J 43-215.1 (a)(6) and
NPPE S Permit ,No. NCO022497, by discharging waste into the
waters of the State in violation of the pen -nit daily maximum
effluent firnit for total suspended solids (TSS).
S_ TOTAL CIVIL PENALTY
137J8 Enforceirient costs
TOTAL AMOUAT DUE
Pursuant to G.S. 143-215,6A(c), in determining thearnount of the penalty I have taken into account the
Findings of Fact and Conclusions of'l,aw and the factors set forth, at G,S. 1431 -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 violationr;
() The effect on ground or surface water quantity or quality or on air quality-,
(4) The cost of rectif-ying the damage;
(5) The amount of money saved by nonco.T.npliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the v' olator inmp colying or failing to y w complith programs over ivbich
the Environmental Management Commission has regulatory authority; and
(8) The cost to tfie State ofthe enforcement procedures
Withinthirty days of receipt of this notice, you must do one of the fiollowing:
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 -vvaiverfirm). Payment of the penalty will, not foreclose farther
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
16.17 Mail, Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written rear uestfray remission it 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 tor contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil perialty assessment document. Because a
remission request forecloses the option of an administrative hmaring, 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 DiViSiOD of Water Quality, at the address listed
below. In determining whether a remission request vvill be approved, the following factors shall be
considered-
(1) whether one or more of the civil penalty assessment factors in GS. 143B-282. I (b) were
wrong,fally ajipl ied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environryiental 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 ally previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial, actions,
Please notethat all inforinalion presented in support of your request for rernission must be
submitted, in writingThe Director of the Division of Water Quality will revle-vv your evidence and
itAbrai 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 Con,-mrission's (...orranittee on Civil penalty Rernissions, (Committee),
Please be advised that the Committee cannot consider information that was not part ofthe original
remission request considered by the Director. I'lieref'ore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
, I a order to request rernission, you must complete and submit the enclosed "Waiver of Right to
an Administrative Hearing and Stipulation of Facts" farm within thirty (30) days of receipt of this
notice. The Division of Water Quality also requests that Y(Al complete aid submit the enclosed
"Justification for Remission Request." Both forms should be submitted to the follooing 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 Inust file a
petition for an administrative hearing. You may obtain the petition form trom the Office of
Administrative Hearings. You, inust 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 isreceived in
the Office of Administrative Hearings during normal office hours. The Office ofAdministrative

Hearings accepts filings Monday through Friday, between the hours of :00 a.m. and ` :0 �ni
except for official state holidays. The petition may be filed by facsimile (fax) or electroractnail by an
attached file:.. (with restrictions) - provided the signed original, one (1) copy and a tiling tie (if a filing
fee is required by NCGS § 1 SOB-23.2) is received in the Office of Adnrinistrative Hearings within
seven () business days following the faxed or electronic transmission. You should contact the
Office of Administrative Ilctarin s with all questions regardingthe f ling C ep and/or the details of the
filingprocess, The mailing address and telephone and flax na.ataabers for the; Office ofAdministrative
Ifefazin s are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 2769 -6 1
One (1) copy of the petition most also he served on DENR as foflows:
Mary Penny I hunt so , General Counsel
1 NT
1601 Mail Service Center
Raleigh, NC 27699-1601
Ptea e Indicatea the case number leas found on page one of this letter) can the petition.
Failure., to exercise one of the: options above within thirty (30) days ofreceipt cat"this notice, as
evidenced by an internal date/time received stamp (neat < 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 rn ay be assessed for violations that occur after the
review period of'this assessment, Ifthe violations area rya `�a �tarat.ingiza aaat.
taut"ear rs aiatea,1e?tecaEaleatatca az�,%tf afrtstal rttstr ttn aeny,,ifies ff Riau taaaa° wish
'toconsider a l t . ttr t -'r taons about this ift -nahy
pass snaent ear_a Sp c tam ter ' tvLe j q, g, � nt�a t the Water �Lqj tv Section t f of the
Mooresville-R.e f nal .fnfwict ( 04 663-1699.
>,
,,e(Dcate)
ATTACHMENTS
Al -
Robert B. Krebs, Regional Supervisor
Surface "eater Protection
Mooresville Regional Office
Division of W#atcc Quality
cc: Mooresville Regional ional Office onifiance: file w/ attachments
Raleigh ompliance=°'E force rnent File w! attachments.
Central Fiie:s v l attachment

ATTACHNNIENTA
CASE NO. LV-2011-0336
Outfall Date Parameter _Reported Value PerMLit _Limit
001 9/1/11 Fecal, colifonn 550 CFt'J/100 rnL 400 CFU/100 mL (Daily, maximum)
001 9/2 1111 'FSS 63.3 ing,"L 45.0 mg/1- (Daily maXimum)
Cross Country Campground, Inc. did not provide a response to NOV-201 I -LV-0602 dated
December 6, 2011, Mitigating factors were not found on the September 2011 DNIR to
result in a reduced civil penalty.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT'
COUNTY OF CATAWBA AND NA'I'LfRAI, RESOURCES
fvriffi MATTER, OF ASSESSMENT WAIVER OFRISET TO AN
OF CfVll, PENALTY AGAINST ADMINISTRATIVE HEARING AND
CROSS COUNTRY CAMPGROUND, STIPULATION OF FACTS
INC.
PERMIT NO. NTC0022497
FILE O. LV-2011-0336
Having been assessed civil penalties totaling $337.78 for violation(,,,;) as set forth in the
assessment document ofthe Division of Water Qualit,-dated D � ecember2.3 20.1, 1, 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 fiacts are as alleged in the assessment
document. 'Hie - 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 ofa remission request will be allo-'xed
after 30 days tern the receipt of the notice of assessment.
`This the dav, of-.,,, 2011
BY
ADDRESS

DWQ Cause Number: p -20l l -033
Assessed 'attty: Cross C untry Carnp ac�und, Ins,
County: Catawba
Permit Number: NCO022497
Amount Assessed: $337.78
Please use this Crarnt when requesting remission f this civil n It x, You must also complete, the.
t, ,t .l crr is is t f as v°trm aaa"Bidet tQ an Adininistrative Ile 10 F�Lobl"'
ferns to request retrrission of this civil penalty. You should attach any documents that you believe
.vt
suppori, your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that, ar request for remission is linutecl to consideration of the five factors
listed below as they may relate to the reasonableness of the arriount 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 l' ,C.G. , § 1431 - `3.1(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
.rase and provide a detailed explanation, including copies of supporting documents, as to wily the
factor applies (attach additional pages as needed),
a one or more oLthe ciy' l a rlalt�� assess dnt a tors in t.'',t S14` 1 ? _. b v c
vvrca trail � iiod o the detriiment tar the. f-' titioner ithe gas esst�t��rat r %ic°t��r,� ��r°c listed rya the. civil
enally assessment document);
flat the ;v cal tear t t '.. a at tata iranira.g eir�kir r�rr t i rna .. t Alt r f`rc? sa�tlt
violation (i.e., explain th steps th at,tou. took to correct the violation carrdpreventfiaure oe.currence, i;
l.c, the violation was inadvertent or ... result of an accident (i. ,, e,.pl In wit ' the violation
ivvcac unavoidable able or somethingyou ou could not pre gent or rcpare.l`i)a),-
(d) the violator had not not been sse s ci vil e.p Lti,e wf`c�r a _l�r - t )Li, v l t�caris;
pa air t_f lro cavil p ra t ilI rpm t t_prt � t for 1L r n�a in I2Lec r za rr i t
gtion (r.e wv alga ra brat can naarat ca lacy civil penalty, will pr� t�a..tw�`�otn perlbrmin,' the activities
necesaary to achieve cote lianc ).
EXPLANATION: (use additional pages as necessary)

Violator: Cross Cotont dam round tjc.
Facility: Cross C WWTP
County'; Catawba
Case Number: LV-2lit 1-0336
Permit Number: NCO022497
Tho degree And otelat of harm to the natural resources of the Staitc� to the pAhlie health, or to
private property 'resulting from the violkion - No environmental I harm has been established .
2) The duration and gravity of the violation - The fecal coliform concentration of 550 CFU/100 mL on
September 1st exceeded the daily maximum limit of 400 CFU/100 mL by 37.5% respectively. The
two other sampling events and monthly geometric mean were compliant. The TSS concentration of
63.3 mg/L on September 23rd exceeded the daily maximum limit of 45 0 mg/L by 40.7W
3) 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. Increased suspended solids 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 is unknown,
6) Whether the violation was committed wififully-gar intentionally - The Division of Water Quality has
no evidence that the violations were committed willfully or intentionally A cause for the violations as
noted on the September 2011 DM R is heavy precipitation and inflow into the collection system and an
improperly working flow meter.
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 18
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 Supervisor
Surface Water Protection
Mooresville Regional Office - Division of Water Quality

C'.#�CSJb C99°#YiR11 iPif4'r.. 94 Y-a xx®sew. ue .....
PERMIT- NCO064734
FACILITY, Bradfield Farms Water Company - Bradfield Farms
COUNTY: Cabarrus
REGION:Mooresville
WWTp
Limit Violation
� . m, �•
"k
MONITORING OUTF,ALL d
REPORT PPI
VIOLATION UNIT OF
LOCATION DATE
CALCULATED
PARAMETER FREQUENCY MEASURE
LIMIT
VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
09 -2011 001
Effluent Cohforrrm, Fecal ME, Mi-FC 09/13111 Weekly ##/100rd
roth,44..5C
400
600 50
Dafly Maximum Exceeded None
PERMIT: NCO022497
FACILITY: Cross Country Campground . Orris Country
COUNTY: Catawba
REGION: Mooresville
Campground
L.Ir'rllt Violation
1`e..
x F �
s t ^m
.: MONITORING OUTFA L f
REPORT PPI
VIOLATION UNIT OF
LOCATION DATE
CALCULATED
PARAMETER FREQUENCY MEASURE
LIMIT
VALUE % OVER LIMIT
VIOLATIONTYPE VIOLATION ACTION
09 r2011 001
Effluent Collform, Fecet ME, M-FC 09101/11 Weekly " ##11 0rnl
Broth,44.5C37,5
400,
55t7"£,
Daily Maximum Lm Exceeded None
9" m
09.2011 001
EffluentSolids, 'Total Suspended - 09123111 Weekly mgll
Concentration
5
£I3. 40,57
Dail Maximum Exceeded Nano
y
kY i..
yq? yy7-1
PERMIT: NCO044253
FACILITY: North Carolina Lions Foundation) Iris - Camp Dogwood
COUNTY. Catawba
REGION: Mooresville
1
Limit Violation
i t
MONITORING GUTFAt L I
REPORT PPI
VIOLA'UON UNIT OF
CALCULATED
LOCATION PARAMETER DATE FREQUENCY MEASURE;
LIMIT
VALUE % OVER LIMIT
VIOLATION TYPE V'IOLATIONACTION
09 -2011 001
Effluent Solids, Total Suspended - 09123111 Weakly rn 11
Concentration
45 '`
53 17.7E
Daly Maximum Exceeded None