NC0041718_Enforcement_20120105

Perdue
Governor
CERTIFIED MAIL 7010 0290 0000 4565 0601
RETURN RECEIPT, REQUESTED
Mr. James B. Corey, PA
Registered Agent for Norwood Clearvie
1000 Copperfeld. Blur°d. NE, Suite 106
Concord, North Carolina 28025-2454
SUBJECT:
i)ear Mr, Corey:
NCD F
at of Environment tact
of Water Qualil,y
Wakild, P. E
CCCb&`
January 5, 2012
r�
Resources
Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-21 5.1(a)(6) and NPDES Permit No. NC0041718
Cleaneiw at Misenheimer WWTP
Stanly County
Case No. LV-201'2-0001
This letter transanits a Notice of. Violation and assessrn.e,nt of civil penalty in the amount of $394.67
($250.00 civil penalty + 51.44.67 enforcement costs) against Norwood Clearview LLC.
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 shown the subject facility to be in violation of the discharge
limitations found in NPDES Permit No. NC0041718. The violations are summarized in Attachment A to this
letter.
Based upon the above facts, 1 conclude as a matter of law that Norwood Clearview LLC violated the
terms, conditions, or requirements of NPDES Permit No_ NC0041718 and North Carolina General Statute
(G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in
accordance with the maximums established by G,S. 143-215,6A(a)(2).
Basedu Secretary n the bove findings of fact and conclusions of law, and in accordance with authority
by of the Department of Environment and Natural. Resources and the Director ofte
Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment against Norwood Clearview LLC:
Suite 30dMaoteav'ii N( 2.811
7 04) 6634040 Customer Service:E R ;+ .3-ti 748
NorthC
Vats ally
rolhna

250.00
For 1 of the one (1) violation of G,S. 143-215.'1(a)(6) and
NPDES Permit No. NC0041718, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for arnmonia nitrogen..
250,00 TOTAL CIVIL PENALTY
1.44.67 Enforcement costs.
394.67 TOTAL AMOUNT FE
D
Pursuant to G.S. 143-215.6A(c), in deterrnining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set firth at G.S. 143.13-282.1(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;
(/). The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) 'Fhe cost of rectifying the damage;
(5) Ihe amount 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 e
'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:
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 form). 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,,Inforcement Unit
Division of Water Quality
161'7 Mail Service Center
Raleigh, North Carolina 27699- 617
OR
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 am.ountof the penalty assessed.

(3)
(4 )
(5)
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, 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 whyyou believe the civil penalty should be remitted, and submit it to the Division of
Water Quality at the address listed below, In determining 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 G.S. 43B-282,1 (b) were
wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environm.ental darnage resulting from
the violation;
whether the violation was inadvertent or a result of an accident;
Whether the violator had been. assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions,
Please note that all information presented in support of your request for re.missionmust be
submitted in writing, Ilie Director of the Division of Water Quality will review your evidence
and inform 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 Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part oldie original remission request considered'by the Director. 'fherefore, it is very
important that you prepare a, completeand 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 Water Quality also requests that you complete and submit the enclosed
"Justification for Remission Request," Both forms should be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division. of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7
OR
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 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 ofAdministrative Hearings accepts filings Monday through

Friday between
be tiled by facs
of f :0O a.m. and 5:00 p.m., except for official state holidays. The petition m.ay
fax) or electronic mail by an attached file (with restrictions) provided the signed
original, one (1) copy and a fling fee (if a filing fee is required by NCGS § 150B-23.'?) 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
tiling 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]
Pax: [phone]
°opy of the petition must: also he served on 1)FNR a
Mary fenny Thornpsen, General Counsel
DI.: NR
1(>01 Mail Service Center
l aleigh, NC 27699-1601
erc.ise one of the options above within thirty days of receipt of this letter, as evidenced
an internal date /time received stamp (not a postmark), vil1 result ira tEtis matter being rcferred to the Attorney
(rener•al"s Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed Ibr vie
period of this assessment. If the violations are of a continuing, nature, not
rnintenancc problems, and you anemedial constructr? <tet vi ies
applying for a Special Order by Consent °tru hay any questions about thi erg e nalt a sessmentor a
Special Order by (°3onsent_ple lse contact Seenuara stale of; the Mooresville Reglopal Office at
704t663 -1699.
. bert I:3. Krebs
Regional Supervise
Surface Water Protection.
Mooresville Regional Office
Division of Water Oualit
Mooresville Regional O fice Compliance Ij"ile w,«' attaclrmncnts
Raleigh Compliancer_EE'rtf:orcement File wt attachm.ents
Central Files w/ attach.ments
at occur after the review
op 'on. and/or
may vvislh tc ccrtsider

001 09/201 Ammonia Ni
ATTACHMENT
CASE NO. TV-2012-0001
ogen
*Denotes et 11 penalty assessment
The facility did not sunrlt response to
rtc Vela
*143 m
-1 1
Permit Limit
nthly average suer

TAlE OIL 1 ORTI'AROI IN . L)I .PAR 1 CIF ENT OF ENVIRONMENT
ND NATURAL, RESOURCES
COUNTY OF
IN "011 MAT IER OE ASSESSMENTOF CIVIL. PENALTY AGAINST
WAIVER OF RIGHT TO AN
ADIVIENISTRA ITVITVE HEARINC AND
LRM11 NO, NC0041718
-0 01
Ila duglreert assessed civil penao 394.67 Ii r violation(s)as set forth in the a
dcrcurs er t of the Di\ isicrrr of Water Quality dated Januaryuary 1 d . , the undersigned desiring to seek rem ussi n
of the civil penalties, does hereby °ai ght tca are administrative •e hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document ents The undersigned farther understands
that all evidence presented in support of remission of this civil penalty must be submitted to the Director of th
ctrr of Water Quality7 Within 30 days of receipt of the notice of assessment, No new evidence in support of
a rerr i sic n request }ill e allowed after 30 days from the receipt of the notice of assessment,
This the
TEL
PHONE
, 2012

'ATION FOR REMISSION
UEST
unavoidab
DWQ Case Number:
Assessed Party:
County:
Permit Number:
Amount Assessed:
LV-2010-0624
Norwood Cleary kw LLC
Stanly
NC004I718
$394.67
Please use this form when requesting remission of this civil penalty. You must also complete tyre °`Request Err
Remission, Waiver of Right to an Administrative Hearing, and S'tipulati";onat 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 § 14313-282.1(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 why the factor
applies (attach additional pages as needed).
(a) one or rnor ?f the c" i.l penalty assess
applied to the ,detriment of the petitioner
document);
he assessrnen
ors in N.t Gr.S 1.4313-28,2,1(k) were wrongfully
s are listed in the civil penalty assessment
g l i
) t e violator pr,pn��?tly abated continuing envtronmr,ntal damage resulting. from the violation
explain the steps that you took to correct the violation and prevent future occurrences),`
the violation w irradvertent or a result of an accident (i.e., explain °why the violation was
or something you could not prevent or prepare fin);
(d) the violator had not been assessed civil penalties for any previous violations;
te) payment of the civil t mall prevent payn1ent for the remaining necessary remedial actions
(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER EA "VT
Violator: Norwood. Clearview LLC
Facility: Clearview at Misenheimer
County°: Stanly
Case Number: LV-201.2-0001
Permit Number; NC0041718
ASSESSMENT FACTORS
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. Ammonia nitrogen is a known toxicant to aquatic life, may exert an
oxygen demand in the receiving stream, and may also contribute to nutrient enrichment of surface
waters.
The duration and gravity of the violation;
The monthly average limit violation resulted from a spike in ammonia nitrogen on 9/21/11. The
monthly average is a summer limit effective from April 1- October 31 of each year. The monthly
average value reported for effluent ammonia nitrogen was 21.5% over the limit.
The effect on ground or surface water quantity or quality or on air quality;
No effect is expected on air or groundwater quality. Toxic impacts as well as nutrient enrichment and
lower available dissolved oxygen may be caused by the discharge.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
No money appears to have been saved by the noncompliance.
fi) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful or intentional.
') The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The permittee has recently taken over ownership of the facility and has no prior record of
noncompliance with the Division of Water Quality.

Date
The cos othe State f the enforce ntprocedures.
Staffpreparation of enforecte tpackage: 2 hrs, €&? 5. 4/hour
SWP Regional Supervisor rc i 1 hour at .55/hour
Clerical Support:
Postage
Total:
1 hou
at $15.00/hour
RO U* i or
I isi rt of Wa
($70.68)
38.
99)
5.00)
($20.00)
$144.6'7

MONITORING REPORTMR) VIOLATIONS for:
LLtile4,40 '
rAhnl
st:00***Sitatif
PERIVIIT: NC0024244
04:ftrA41400,444I"'
FACILITY: City of Albemarle - Long Creek WWTP
Limit Violation
7- ---
)\V„.‘4).-ki
MOM -WRING OUTFALL
REPORT PP I LOCATIONPARAMETER
09 -2011 001 Effluent Coliform, Fec.al MF, M-FC
Broth,44.5C
VIOLATION
DATE FREQUENCY
COUNTY: Stanly
Report Date: 12/02/11
Page: 4h ot
REGION: Mooresville
UNIT OF
MEASURE
1! 01)4/0
CALCULATED
LIMIT' VALUE OyERLIAALT--- VIOLATION TYPE
9/24/11 5 X week 4/100ml 400 1,794 05 223 51 Weekly Geometric Mean
Exceeded
09 -2011 0.01 Effluent Mercury, Total (asHg) 0930/11 Monlhly
Concentration
09 -2011 001 Effluent Solids, Total Sut'pended -
Concentration
PERMIT: NC0041718
Limit Valat on
4010110111110•0111.11011111MONIIIM*
ng/I
VIOLATION ACTION
None
12 18 5 54 17 Monthly Average Exceeded None
09/30/11 5 X week mg/I 35 35 81 2 31 Monthly Average Excieeded None
FACILITY: Norwood Clearview LLC - Clearview at M!senhemer COUNTY: Stanly
11/ 0pp
MONITORING OUTFALL
REPORT PPI LOCATION PARAMETER
09 -2011 001 Effluent
VIOLATION 'UNIT OF
DATE FREOLIENCY MEASURE
Nitrogen„ Ammonia Total (as 09/30111 Weekly
N) - Concentration
.4 tic t
REGION: Mooresville
CALCULATED
LIMIT VALUE OVER i„„imIT VIOLATION TYPE VIOLATION ACTION
2 2,43 21,5 Monthly Average 'Exceeded None /42457)
67