NC0057401_Enforcement_20180301

ROY, COOPER
a ter
ENWROuNEWAterr r
March 13, 2018
Steven Yager
u Go Properties LLC
300Altura Rd
Fort Mill, SC 2970
Subject: a Acknowledgement
Civil Penalty Assessment
e Hideaways WWTP
County klenbt r
Case No. L-2018-0 2
Mar Mr. Yager
'nets letter is to acknowledge receipt of Check 1vic. 0081385982 in the amount of 3.2 ' received you dated
3/12/2018. This payment satisfies infull the civil assessment levied against the subject facility and this caw has been
closed. Payment of this penalty in no way precludes future acts by this Division for additional violations of the
applicable statutes, regulations, or permits,
If you have any questions, please call Wren Thedfdrd at 1 -807 3 7.
Sincerely,
A�o �Q'4 -P?, '_1
Wren Thedford
Administrative Assistant
Water Quality Permitting Section
cc, lAwrfichc °- 013-1 r2
Mooresville Regional Office Supervisor
State of North Camlina 1 Uawrounrcotal Quahty M Water Rauumes
10 FAA Center Avenue. Swit 301, M tle, NC 28115
70 -t

Water Resources
March 1. 201
ROY COOPER
Governor
S«:cret are
Interim Director
r. Steven Yager
Paolo properties LIX,
1300 Altura load
Fort Mill, South t"marohna 2970
SubjectNotice of Violation and Assessment of Civil penalty
The Hideaways WW"F
NPD S Permit No. NCO057401
Case umber: 1,"4 -201 -002
Mecklenburg Count
Dear Mr. Yager,.,
Enclosed is a copy of the Notice of Violation and assessment of civil penalty, for the limit
violations reported on the September 2017 D schar Monitoring Deport. The Otter was originally
mailed and not received at the listed mailing address. As instructed by your letter dated February 20,
2018, the Division's database has been corrected to reflect your current ntailinp address.
Should you have any questions concerning this letter and/or attachment, please do not hesitate to
contact Mr, Wes Bell at 704) `' 5-2192, or via email at'wes.bet cr`.rrctlettr,0()%'
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, ?pit 191
Att chnrerit:
Notice of Violation/Civil penalty Assessment Letter
cc: WQS Mooresville Regional Office .... Enforcement File
',NPDES 'orripli nce/Enfcrrcernent Unit - Enforcement File
szat'� z'Noftlr ;ur,, cr rva arrcue ritI Qucj&s8y Wx,,°r 6tesm r.e s Wa r Qualns Rcgkonal to i at€rags
'�4axur��3t!EcRr�i�a�r�rit'>?uiiG.�14dN��c,td�rtt�c';�s�..u°Ea.c.�w�autr^��o9'svlauc�u�sr�vuiE,:,�+asrtlt~t,">�ea�iusu���@i

Steven Yager
Go o Properties LLC
PO Box 240772
Charlotte, NC 28226
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2 1 -L - 042
Permit No. NCO057401
The Hideaways WWTP
Mecklenburg County
Dear Mr. Yager
review of the September 2017 Dscharge Monitoring Report l P for the :subject facility revealed the
violation(s) Indicated below:
Sample Umit Reported
Location Parameter mate: Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C - 9/6/2017 45 49.1 Daily l a imuWi
Concentration (C 310
1 Effluent BOD, S- ay (20 - /302o1 30 49.1 Monthly Average Exceeded
Concentration C031
Notice ofViolation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute .S. 143-215.1 and the facility`s NPDES Permit, Pursuant to G.S. 143-215. A, a civil penalty
not more than twenty-five thousand dolls 25, .00 may be assessed against: any person who violates or
falls to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to C.S.
143-25. 1.
State of North Carolina I Environtruntal Qu9ity l Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 2 115
704-66-1-1699

ff you wish to provide additional information regarding the noted violation, request technical ass
` � ! ., !#k 1. ! !. .. ! + � •" w !; • ! '!""! !� -! !: !
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Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The division of Water Resources may pursue enforcement action for this and any additional violations o
Mete law.. If the violations are of a continuing nature, not related to operation and/or maintenance problems;
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order b
onsent
Reminder: Pursuant to Permit Condbon 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance a
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
e required within S days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.-
f you have any questions conceming this matter or to apply for an S, Tease contact Wes Bell of the
Mooresville Regional Office at 4-6-1E
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Steven Yager, [e-mail]
QS Mooresville Regional Office ; Enforcement Pile`
NPDES Compliance/Enforcement Unit - Enforcement File;
State of North Carolina I Environment i Quahty I ester Resource
610 Past tenter venue, Suite :tilt; Mooresville, NC 28115
; 4w663 i69

ROB` COOPER
X-11,CHAEL S. REGAN
K-
LLND-N CULPEPPER
Water Resources Inlerim Dirocwr
jNvM,e4WM,EUTAk QUALIT-Y
Certified Mail #7016 1370 0000 2595 7849
RELUr rr �i is�
February 6,2018
Steven Yager
6,(), Go Properties LLC
PO lox"240772
Charlotte, NC 28226
SUIBJECT: Notice of Violation and Assessment of Civil Penalty,
for Violations of North Carolina General Statute (G.S.) 143-,',115.1 (a)(6)
and NPDES WW PermitNo. NC0057401
Go Go Properties LLC
The Hideaways WWTP
Case No. LV-2018-0027
Mecklenburg County
Dear Mr. Yager:
This letter transmits a Notice of Violation and assessment of civil pcnalt� in the amount of $353.29 ($250,00 civil penalty 4-
$103 .29 enforcement costs) against Go Go Properties LLC
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Go Go Properties LLC for the month of September 2017. This review has shown the Subject facility
'n
to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Pen it No. NCO05740t,
The violations, which occurred in September 2017, are summarized in, Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Go Go Properties LLC violated the terms, conditions or
requirements of NPDES WW Pen -nit No. NCO057401 and G.S, 143-215. l(a)(6) in the manner and e,"Aent shown in
r'kI
Attachment A. In accordance with the mby G.S. 143-215.6(a)
a\imums established (2), a civil penalty maybe assessed
against any person who violates the terms, conditions or requirement,-, of a permit required by (;,S143-2 15- l(a).
q c
Based upon the above findings offact and conclusions of law, and in accordance with au horn , provided by the Se ret ary , y
of the Department of Environmental Quality and the Director of the Division of Water Resources,, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Go Go
Properties LLC
-
state of North Carolina 1 Envit-onmentalQuality Water RCS01"ce",
610 EastCenter Avenue, Suite 301, Mooresville, NTC 28115
704-663 -1699

SQM00 Q. of the 1 violations of 143-215.1(a)(6)and Pen-nitNo.NCO057401, by discharging waste water into
the waters of the State in violation of the Pertnit Daily Maximum for BOD - Cpac
$22 -5 _0,00 1 of the I violations of 14 3 - 2 15 . I (a)(6) and Perin it N o NC 00 5 7 4 0 1, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average fior BOTC - Cone.
$15000 TOTAL CIVIL PENALTY
$ 1 _03.29 Enforcement Costs
$_15j.Z TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the aniount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G S. 143 B-2 82,1 (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 violation;
(2) The duration and gravity of the violation;
(3) The effiect on ground or surface water quantity or quality or on air quality';
(4) The cost of recti(ving the damage,
(5) The arriount of money saved by noncompliance-,
(6) WIrether the violation was 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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include ivaiver
fiorm). Payment of the penalty will not foreclose further enforcement action for any continuing or new violatioti(s),
Please submit payment to the attention Of'
Wastewater Branch
Division of Water Resources
1617 Mail 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 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 violationts) 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 must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement 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 deterinining whether 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 14313-282_ I (b) was wrongfully
applied to the detriment of the petitioner-,
(2) whether 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 evidence- presented in support of your request for remission must be submitted in writing. The
Director of the Division ofwrier Resources will review your evidence and inform you of his decision in the matter of
W
your remission request. 'the response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty, to the Environmental Management Commission's Committee oil, Civil Penalty
Remissions (Cornmittee), Please be advised that the 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,
-'R on of Civil Penalties
In gs-t r issmnyoq must onVLete an, 4sqbrnit th
q der t e u g, enctkLsgd_ gggstfor Rerni�-si-li-_
)f actsLt (!P
,e. I -lea 'tip atLon _F �orqi vo�ith�n thiLly -days q�freia� �it of this
Waiver of Right to an Adminigst[LitiNrjug, and S uL- q_
_1"' __. nitAt von comnlete and submit the enclosed '.``lustrficatron for
Remissjour RNpest "
Both forms should be submitted to the, fo
llowing address-,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File apttition for an administrative hea!jn with the Ofr ice of Administrative Hearigo: g I
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 ref .Achninistrative Hearings. You must 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 is received in the Office of Administrative Hearings during normal office hours, The Office ot"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. 'rhe 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 § 15013-232) is received in the
Office of Administrative Hearings within seven (7) bt[SmCSs days following the taxed or electronic transmission. Yo " u _­
Of A should contact the ffice of fjeair jn&jwlfg, ti iing fee apd/orfhe -details of tile
fit'
1 Xtiq2ts,
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as fillows:
6714 Mail Service Center
Raleizh, NC 27699 6714
Tel: [phone]
Fax-, (91,9)431-3100
One (1) copy of the petition must also be served on DE Q asfollows:
Mr. William F, Lane, General Counsel
Department of Environmental Quality
1601 Mail Service, Center
Raleigh, North Carolina 27699-160 1
Please indicate the case number (as found on page one of this letter) oil the petition,
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by In internal
date/time received stanip (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection oaf 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, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email, at wes,bellCincdenr.gov.
Sincerely, A.-
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
NN'looresville Regional Office
Division of Water Resources, NCDEQ
AT'rACHMENTS
Cc- Steven Yager (E-copy)
WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Erif"orcernent File

FJUSTI[FICATION FOR RlF-_MVSS'l[011 REQUEST
Case Number: LV-2018-0027 County: Mecklenburg
Assessed Party: Go Go Properties LLC
Pei mitNo.: NCO057401 Amount Assessed: $353-�N
Please use this form when requesting remission of this civil Penalty. You must also complete the "RequestFor Remission,
ff"aiver 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
n
evaluating your request for remission. Please be aware that a request for remission is limited to consideratio 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,(',Cj.S. § 14313-282, I(c), remission of a civil
penalty may be granted only, when one or more of the following five factors apply. Please check each factor that you
i g d CL to ras as to why, the
believe applies to your casse and provide a detailed explanation, including copies of support n o i e
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assesstrient factors in N.(,',,G-S. 14313-281 I(b.) were wrongfully applied to the
detriment of the, petitioner (the assessment fi-ictors (ire listed in the civil penalry, assessment clocumeno;
(b) the violator promptly abated continuing environmental damage resulting front the violation (i.e,, explain the
.stops diza you took to correct the violation and prevent; future occurrences)
(c) the violation was inadvertent or a result of an accident (i.e., exlVain why the violation was ttricnwidable or
something you could not prevent or prepare -fin):
(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 (ie,, exlVain
how payment of the civil pen all t, will prevent youftoln peifi)rnung the activities necessary tra achieve
compliance).
EXPLANATION*

I
STATIE OF NORTH CAROLINA DEPARTMENTOF ENVIRONMENTAL QL`,,ALfl'Y
COUNTY OF MECKLENBURG
IN TFIE MATTER OFASSESSMENT WAMER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Go Go Properties LLC
The Hideaways WWTP
IIERNMITNNO, NCO057401 CASE NO. LV-2018-0027
Having been assessed civil penalties totaling $353.29 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Februar . 06 -018 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
assessnientdocutnent, 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 remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of 20__,_
SIGNATURE
ADDRESII
-FELEPHONE

ATTACHMENT
Go Go Properties LLC
CASE NUMBER: LV-2018-0027
PERMIT: NCO067401
REGION:
Mooresville
FACILITY: The Hideaways WMPMecklenburg
LIMITVIOLATION(S)
SAMPLE LOCATION: all 1 a Effluent
Violation Report
Unit of
Limit
Calculated % Over
Violation
penalty
Date MonthlYr Parameter
Frequency Measure
Value
Value Limit
Type
Amount
9l612017 -2017 BOD, -y (20 deg.
2 X rrtnnth...�..�.A_
tom') - Concentration
Maximum
Exceeded
9130/2017� 9-2017 BOCK, -Day (20 Deg.
2 X month mgll
30
491 63.7
Monthly
$250,00
) - Concentration
Average
Exceeded

aterbody
udall # Outfall Description WaternOdy Name Classification
001 Effluent to Lake Wylie CATAWBA RIVER (Lake Wylie below elevation 570) DNS-V
thin Caroluna portion
Monthly Average Limit Violations
Sample. Location. outfall 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency aware Value Value Limit Action
9100/ 017 BO , 5-Day (0 Deg. ) - 2 X month mg l 30 4910 60.7
Concentratton
Daily Limit Violations
Sample Location: Outfall 001 - Effluent
Violation
Emit of
Limit
Calculated
%+fiver
Date Parameter
Frequency Measure
Value
Value
Limit Action
016f2017 601D, 5-Day (0 Deg, ) _2
X month rngll
46
49,10
9.1 l"
Concentrtabon
91612017 Chlo6ne, Totai Residual
2 X week ug"^
6
30
71 No Action, BPJ

1
Remarks:
(7ompl ted by Date:
Assistant Regional
Supervisor Sign -off: Date -
Regional Supervisor
Sign -cuff, IaCa:
Page f

MM.. '. r
Sample Locatiow
Violation Report Violation
Date Period Parameter Type NOD NOV CPA
8131,12017 7-2017 Late/Missing DM R NOV-201-�rl-R-0136
Page 3 of 3

DIVISION OF WATER SOURCES - CIVIL PENALTY ASSESSMENT
Violator. Go Coo Pro erties LL
Facility °acne. The Hideaways WWTI
Permit Number; NCO057401
County: MeeklenbHrg
Case umber: L-2015-102i
ASSESSMENT FACTOR
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 violation;
x ,.._ ,.,:•ram.
ems.
'4
,
2) The duration and gravity, of the violation;
"
m°�4,7
3) The effect on ground or surface water quantity or quality or on air quality"
,�* r dk�. . ..�'° ""y„ ": ,•°, �.�:
) The cost of reetilying the damage;
) The amount of money saved by noncompliance-,
b) Whether the violation was committed willfully or intentionally;
. .
m
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
07-2011-MV-01Ammonia monitoring violation (flay 2011)
NOV-2012-LR-001 —,Late/Missing R (January 2012)
NOV-2013-LR-0002 — Late/Missing DMRs (July 2012 _— November 02)
OD-2014-LR-000 , Late/Missing DM (January 201 — February 201 )
OD-2 15-MV- 2 — Chlorine monitoring violation (August ust 2014)
NO-2017-L -0136 - Late/Missing 11 r1 (duly 017)

8 The cost to time State of the enforcement procedures.
40
(late 'fir'.. Corey Basin er, Regional ue isor
Water Quatity Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDE