NC0063762_Enforcement_20150828

0
WDERK"
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
August 28, 2015
CERTIFIED MAIL 7015 0640 0002 9295 6286
RETURN RECEIPT REQU STED
Mr. Ryan Hotchkiss, Manging Member
Carolina Village MHC, LLC
213 1. Espy Court, Suite 5
Crofton, Maryland 21114
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of NC. General Statute
143-215.1 (a)(6) and NPDES Permit No. NCO063 762
Carolina Village Mobile Home Park, WWTP
Crab ors County
Case No. LV-2015-0140
Dear Mr. Hotchkiss:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$346.97 ($200 civil penalty, -+, $146.97 em6rcernent costs) against Carolina Village MHC, LI.C.
This assessment is based upon the following facts,. A review has been conducted of the self -
monitoring data reported for April 2014. This review has shown the subject facility to be in violation
of the discharge limitations found in PDES Permit No. NCO063762. The violations are sun nnarized
in Attachment, A to this letter.
Based upon the above facts, I conclude as a matter of law that Carolina Village Ml-1C, LLC
violated the tenns, conditions, or requirements ot'NPDES permit No, NCO063762 and North Carolina
General Statute (G.S.) 143-215.1 (a)(6) in the marmer and extent shown in Attachment A, A civil
penalty may be assessed in accordance with the maximums established by G.S. 143-215AA(a)(2).
Based upon, the above findings of fact and conclusions of laxv, 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 Carolina Village MHC, LLC:
Mooresville ReqbnM Cffn)
Location, 610 East Center Ave,, Suite 301 MooresvWe, NC 29115
Phone, -1'1704)663-1699'a Fax: (7,%)683-6()40% GustomerSeMoe' 'I -677-6234V48
Internet; http.Ft porW ncdenT-,org1web/w,q
An EEuai Cpamtunffy\ Affirmatwe Action EmNaypr - 30% RocydQ(1110% POSt CORNMer PRPER

200.00 For 2 of the two (2) violations of G.S. 143-215,1(a)(6) and
NPDES Permit No. NC00631762, by discharging waste into the
waters of the State in violation of the permit Daily Maximum
effluent limit for Fecal Coliform.
200.00
346.97
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-21,5.6A(c), in detennining 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. 1431 -281 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 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 amount of money saved by noncompliance;
(6) Nkhetber theviolations 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 following:
I. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include awiverform). Payment of the penalty will not foreclose ffirther
enforcement action for any continuing or new viotation(s).
Please submit payment to the attention of.
Wastewater Branch
Division of WaterResources
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 a-vvare 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 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 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 -%rhether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more, of the civil penalty assessment factors in G.S. 1slily- 282.1(I) were
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.
s i
Please note that all infooration 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
inform you of his decision in the matter of your remission request. The response vvill provide details
regarding case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
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.
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 WaterResources 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 Of of
Administrative 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 of Administrative
U 1 411� A4 14
a�'al 1181� urS on y throngs r riday 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 (� rith restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing
fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within
seven (7) business days following the taxed 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 of Administrative
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 DE NR as follows:
Mr. Sain M. Haves, General Counsel
DENR,
1601 Mail 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 postmark), ill 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],
Dr)
ATTACHMENTS
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w,/ attachments

ATTACHMENT
CASE NO. LV-2015-0140
Outfall Date Parameter ellortead Value Per ft _Limit
001 4/l/2014 Decal Coliforni 760 CFU 100ml* 400 U/100 1(Daily Maximum
001 4/22/2014 Fecal Colifonn 15 10 CFU ` 1'00ml 00 ' /100ml (Pail{ Maximum)
lmum
Denotes civil penalty assessment
'Fhe Carolina Village MHC, LLC response to N - 0-1,V-01 2 received on April 9,
2015 was reviewed 1�WR st° . itigatirg factors -ere not found to result is
reduced civil penalty amount.

STATE OF NOR:FH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CAB ARRUS
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
CAROLINA VILLAGE NIIIC, I. STIPIJLATION OF FACI I S
PERMITICI MBER NC0063762
FILE NO. LV-2015-0140
Having been assessed civil penalties totaling $346.97 for violation(s) as set forth in the
assessment docuraent of the Division of Water Resources dated March 19, 2015, 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
document. The undersigned further understands thatt all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Resources within 30 days
of receipt oft e 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.
This the day 2015
B , Y
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0140
Assessed Party: Carolina Village MIIC, IC
County: Cabarrus
Permit Number: NCO063762
Amount Assessed: $346,97
Please use this form when requesting remission of this civil penalty. You must also complete the
,juest For Remission —f-f"aiver oLRi-,,ht to (it? Administrative Hearing and'sti ulation oLFacts
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 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 'wIty the
factor applies (attach additional pages as needed),
(a) one or more of the, civil enalty assessment factors in N.C.GY.S. 143R-Z�Ilb were wrong-Rally`
at
to the detriment oLthe pq4jqM (the assessment,fizoors are listed
in the civil pen altit, assessment docwnen);
(b) tJhq aame resultin from th n , e, _yiqlggl2rg!npIlyAhg�Acontinuine enviromnent,l d violation (i.e,, explain the steps thalyou took to correct the violation andprevent
,ftiture occurrence,� )'-
(c) the violation -was inadvertent or a result of an. accident (i.e,, explain 'why the violation
was unavoidable or something you could not prevent or prepare car);
(d) the violator had not been assessed civil nenalties for arav rev ious violations;
(e) r the remainmgn
actions (i.e., explain hou, payment qf the civil penalty will prevent youftom performing,
the activities necessaij, to achieve compliance),
EXPLANATION: (use additional pages as necessarj)

Violator: Caro
Facility: Caro
County: Cabarrus
Case Number: LV-2015-0140
Permit Number: NCO063762
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; No harm has been documented.
2) The duration and gravity of the violation; The two Fecal Coliform Daily Maximum permit limit
violations were exceeded by 90% and 277.5% for April 2014.
3) !he effect on ground or surface water quantity or quality or on ajr quality- The effect on the
receiving stream is unknown, Fecal colif6frn is an indicator species for possible pathogens and
increased levels can s�ignal human health hazards
�5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is
unknown.
6) Whether the violation was committed willfully or intentionally; The Division of Water Resources
has no evidence that 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
:Man MM
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146-97,
Y Michael L, Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR