NC0043257_LV-2021-0032 CPA_20210226

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Ccrtided lail # 70172680000022195367
Return Receint Requested
biatthc v E. Raynor
Nature Trails Association Cli'
524 Meadow Ave Loop
Banner Ilk, NC 28604-7402
SL•BJ!_C1 :
Dear Permitter:
February 15, 2021
Notice of Violation and Assessment of C'i\ it Pen.iht
for Violations of North Carolina Genenil Statute (6.S.) 143-215. ! (a)(6)
and NPDES \VW Permit No. NC0043257
Nature trails Association CLI'
Nature Trails t\Iobile 1 tone Park WW1')
Case No. LV-2021-0032
Chatham County
This letter transmit; a Notice of Violation and assessment of civil penalty in the amount ofS143.59 (S100.00 civil penalty
i S43.59 enforcement costs) against Nature Trails Association CLI).
This assessment is based upon the following. facts: a review has been conducted of the Discharge .\Ionitoring Report
(DN1R) subni:tied In Nature Trails Association C'LP fir the month ofJuly 2020. "!'liis review has shown the subject
facility to be in \ iolatioli oldie discharge limitations and or monitoring_ requirements loin(' in NPDES \VW I Permit No.
NC'0043257. -I he \ iolations, which occurred in July 202U. are stinimariied in Attachment A to this letter.
Based upon the abo\ c Facts, !conclude as a Hunter of law that Nature Trails .\ soeiation CIA' violated the terms,
conditions or requirements of NPDES \V\V Permit No. NC0043257 and G.S. 143-215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established b; G.S. 143-2I 5.6A(a)(2). a civil penalty ina , be
assessed auainst any poison \v1io violate, the terms, conditions or requirements of a permit required by G.S.
143-21 5.1(a).

-1 • ' \ _41
!used upon. the abov; .findings of fact and conclusions of law., and in accordance \\ ith authority pro idtd by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Vanessa 1:.
iilanucl, Assistant Regional Supervisor, Raleigh Regional Office hereby slake the follow inu ei%i1 penalty assessment
against Nature Trails Association CLP:
S100.00 1 of I violation; ol'G.S. I43-315.I(a)(6) and Permit No. NC'0043257, by dischar�uiiu waste water
into the waters oldie State in violation of the Permit Daily Maximum fir Coif form. Fecal CIF.
11FC Broth. 44.5 C
S0.00 For 0 of the 1 failures to submit i onitorin<! reports or portions of monitoring reports 1n \ iolation of
Permit No. NC0043257.
S 100.01)
S43.39
S 143.59
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL A N I O U ti -I' DUE.
I'ut,aant to G.S. 143-215.6A(c), in determininu the amount oldie penalty I have taken into account the Findings of Fact and
{'ourbt,ion, of 1_a:' and the Factors set forth at G.S. 143B-232.1(h). \5'hic1) am:
(1) "1 Ile decree and extent of harm to the natural resource, of Ills State. to the public health. or to pri\ ate property
resu'.tin!, from the violation;
(2) '1 he duration and ��ra\ity of the violation:
(3) 1 he effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the danlai,e;
(5) "1 he amount of ]honey saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or Iailin�, to Comply with pro`,rains over which the Environmental
,l lanagement Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
11'ithin 111iriy (30) clays of receipt of this notice. you must do one of the fiollowin2:
(1) Subnl:t 1'_1y113ent of the penalty. OR
(2) Submit a written request for remission. OR
(3) Submit a wlttten request for an administrative Leafing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the I)epartinent of Environmental Quality (do nor inc/,,de waiver
Payment of the penalty v ill not foreclose further enforcement action for aiiv contlllllln2 or new violation(s).
Please submit payment to the attention of:
Wasteater Branch
Division of Water Resources
1617 Nlail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please he aware that a request for remission is limited to consideration of the live factors listed below as they may
relate to the reasonableness of the amount of the ci\ it penalty assessed. Requcstin`g remission is not the proper
procedure for contesting_ whether the violation(s) occurred or the accuracy of any of the (actual 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
a!irecnlent 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 \vhcther a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-2S2.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated coiitinuiui environmental damawge 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 pre\ ioti, violations; or
(5) whether payment of the civil penalty will prevent pa>nlent for the remaining necessary remedial actions.
]vicar note that all evidence presented in support of your request for remission must he submitted in writings. The
Director of the Division of ]]eater Resources will review your evidence and inform you of his decision in the matter of
>our remission request. The response will provide details.reLtardinu the case status, directions for payment, and
provision for further appeal of the penalty to the En\ ironmental ;llanagenlent Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
oriaginal remission request considered by the Director. Therefore, it is \ ery important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission. \ou must complete and submit the enclosed -Request forRemission of Civil Penalties,
\\ ai\er of Riuln to an Administrative Hearing. and Stitv.ilation of Fact," form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that \ou complete and submit the enclosed "Justification for
Remission Request.:
]'_loth forms should be submitted to the follow'ini_ addres:
Wastewater I3rancli
Division of ]Water Resource,
1617 Nlail Senice Center
Raleiuli, North Carolina 27699-1617

Option 3: rile a petition for an administrative hearinu with the Office of Adnlinistratiyc Bearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
haring. You may obtain the petition form from the Office or Administrative 1 fearing. You must file the petition wish
the Office of i\dnlinistrativc 1 [earin!. s within thirty (30) days of receipt of this notice. A petition is considered tiled
when it is received in the Office ofAdministratiye hearings during normal office hours. The Office of r\dministratiye
[feat -inn accepts liiin!gs Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. '1 he petition may be filed by facsimile (fii\) or electronic mail by an attached file (with restrictions) - pro idcd
the si�tned original, one (1) copy and a lilinu Ice (ifa filing fie is required by NCGS §15013-23.2) is rcceiycd in the
Office of Administrative I learings within seven (7) business day; follow in!, the faxed or electronic transmission. You
sboi1lcl ci)ntcirt the Office of Administrative lfearit is \vitli all questions regarding the filings fee and .or the details of the
li!in oees .
The tliailin�� address and telephone and fax numbers for the Office of Administrative l learinY_s are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
rax: (919) 431-310!)
One (1) copy oldie petition must also be served on 1)I;O as follows;
Mr. William 1-. Lane. General Counsel
Department of [ .nvirotltuent;il 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 \vithin thirty (30) days of receipt of this letter, as eviden.2ed by an internal
Jate'time recei\cd stamp (not a postmark), kill result in this matter beings reten'ed to the Attorney Cieneral's Office for
culleciion of the penalty tllrouIli a ciy it action. Please he , i jed that a.lditton,t1 penalties may he assessed for \ iolations
that occur after the re\ ie\v period of this assessment,
if }ou have any questions, please contact Cheng Zhaiw ith the I)i\ ision of\\ .ter Resources staff oldie Raleigh I:evic nal
i)lfice at (919) 791--1200 or\is email at chen“.zhan ancclenr.�nLn.
Sincerely.
Vanessa F. til:;nuLl. Assistant Regional Super\isor
\Vatcr Quality Regional Operations Section
Raleigh Regional Office
Division oi' Water Resources, NC'DGQ
iVI' I ACI IM 1:N-I'S
Cc: \VQS Ra1ei�.sl1 Reuioital Office - Enforcement File
NPDI:S Compliance/'Enforcement Unit - Iinfbrcement File
I.aserliclle

JUSTIFICATION FOR RI iiI1SS1ON REQUEST
Case Number: ITV-2021-0032
Assessed Party: Nature Trails As-sociation C!_I'
Permit Nn.: NC0043257
County: C'liatliatii
Amount Assessed: S 143,59
Please: us, this form ss hen rcquestint remission of this civil penalty. You must also complete the `Rcgii..'s! For Renris.sron,
!Volvo- o/ Right to an ; fclmirristrertive hearing, and Stipuh Lion of Fa H" 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
c saluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
(actors fisted below as they niay 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-2S2.1(c), remission of a civil
peii ;lty may be granted only when one or more of the following five factors apply. Please check each factor that you
b:liesc applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
actor applies (attach additional pages as needed)_
(a) one or more of the cis il penalty assessment factors in N.C.G.S. 14313-2S2. I (b) were wrongfully applied to the
detriment of the petitioner (the as.ve.scnrctrt factors are listi'el in the civil perutltr ussessntent docuareat);
(b) the violator promptly abated Cominuine elil ironmental damage resulting from the s iolation (i,e°., explain the
ti't2 f),s that you took to CO/Tee•t the° i•iolcrtie/it card prevent filmic occurrences);
(c) the violation was inadvertent or a result of an accident (i.c e°s1rleritr why the violation was unavoidable or
something you could not prc i.ent or prr/Il ire for);
(d) the violator had not been assessed cis it penalties for any previous s iolations:
(e) payment of the ell il penalty ll ill pies ent ivy trent for the remaining ileecsarl remedial actions (i.c., e_ll)laitr
hoir payment o/.tltL: civillrenal(t. itill l)rctctrt t•otr fr•orn perf;1t•rtrir1,, the uetit•itic.s• neee'sscrr_t'to c1ChiLvc
compliance).
EXPLANATION:

S 1 .1I'I Ol NOR"I II C'.\ROLINA I)EPAR-I-\ILNTO1 t.N'VIRONMIENTAL QUALITY
COIN FY or CI LATHAN!
1 i.-\NI
IN -11II: i\IA'ITER Cif= :\SSESSi•IIENT )
OF CIVII. I'I•:N.\L'I11_S AGAINST )
Natiire Trails Association CEP )
Nature Trails Mobile Iloine Park \V\VTP )
Pl:l:\II 1 NO. NC00-13257 )
WAIVER OF RIGHT 10 AN
ADMINISTRATIVE HEARING ANI)
STIPULATION OF FACTS
CASE NO. LV-21121-11032
Ia\ ing been assessed ci\ it penalties totalill2 S143.59 for violation(s) as ,et forth in the assessment document or tile Di\ ision
of \\,itcr Resources dated February 15. 2021. the undersigned, desirinit to seek: remission of the civil penalty. does hereby
n �ii\e the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as aticgcd in the
.',nL tit document. The undei signed further i.incterstand: that all c\ idtillce presented in s.-ipport of remission of this ci\ it
Pei) i+ty must be submitted to the Director of the I)ivision of \Pater 1:esourec, u'ithill thirty (30) days of receipt of the notice
of-a,,essmint. No ne'v e% idciice in support of a remission request \\ ill be alley\ ed alter (30) days from the receipt of the
liclti_e of assessment.
I I.'; the -- dad' of — .•'-t
\I)1)RFSS
II•.I.I:1'IION'1 .
SIGN -11 URI

ATTACHMENT A
Nature Trails Association CLP
CASE NUMBER: LV-2021-0032
PERMIT: NC0043257
FACILITY: Nature Trails Mobile Home Park WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfaii 001 - Effluent
Violation Report
Date Month/Yr Parameter
REGION: Raleigh
COUNTY: Chatham
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
Penalty
Amount
7/17/2020 7-2020 Coliform, Fecal MF,
MFC Broth, 44.5 C
Weekly #/100m! 400 550 37.5 Daily
Maximum
Exceeded
5100.00

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