NC0041718_Enforcement_20161021

Certified Mail # 7015 1520 0002 8386 7816
Return Receipt Requested
October 21, 2016
Paul J Smith, Member
Norwood Clearview LLC
85 N Hillside Drive
North Myrtle Beach, SC 29582
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0041718
Norwood Clearview LLC
Clearview at Misenheimer
Case No. LM-2016-0025
Stanly County
Dear Mr. Smith:
This letter transmits a Notice of Violation and assessment of civil penaltypenaity in the amount of $651.34 $550.00 civil penalty +
$101.34 enforcement costs) againstNorwood Clearview LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Norwood Clearview LLC for the month of May 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No, NC0041718. The
violations, which occurred in May 2016, 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 WW Permit No. NC0041718 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215,1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
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 Norwood
Clearview LLC:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$300.40 3 of the 4 violations of 143-215.1(a)(6) and Permit No.NC0041718, by discharging waste wate
the waters of the State in violation of the Permit Daily Maximum for N113-N - Conc.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0041718, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc,
$550.00 TOTAL CIVIL PENALTY
$101.34 Enforcement Costs
$651:34 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining 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. 143B-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 violation;
(2) The duration and gravity of the violation;
(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) Whether 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 waiver.
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-16 7

tion 2: Submit a written request for remission or mitigation including a detailed justification for such
equest:
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, 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 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 NCGS 143B-282.1(h) 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 of Water Resources will review your evidence and inform you of his decision in the matter of
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 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 submite enclosed "Request for Remission 40yd Penalties,
Waiver of Rigbtto an Administrative Hearing.. and Stipulation of Facts" form within thirty 30 da.-s of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "stifiation 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

Option 3: File a petition for an administrative hearing with the Office Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an adrninistrat
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition w
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
Hearings accepts filings Monday through Friday 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 (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23,2) is received in the
Office ofAdministrative 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 filing fee and/or the details of the
filingprocess.
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: (9'19) 431-3000
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr, Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,. North Carolina 27699-16,01
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 letter, as evidenced by an internal
date/time received stamp (not a 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 may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Co: WQS Mooresville Regional Office - Enforcement File
'NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2016-0025
Assessed Party: Norwood Clearview LLC
Permit No.: NC0041718
County: Stanly
Amount Assessed: $651.34
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver 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
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 a civil
penalty may be granted only when one or more of the following five factors apply. 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 more of the civil penalty assessment factors in '.N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le,, explain the
steps that you took to correct the violation andpreventfuture occurrences);
(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 for);
(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 (L e. , explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLPNA
COUNTY OF STANLY
T ER OF ASSESSMENT
OF CIVIL ENAL TIES AGAINST
Norwood Clearvie FCC
Clearview at Misenhdiner
PERMIT NO. NCO041718
DEPARTMENT OF ENVI0 NT QUA
WAIVER OF TO AN
ADAM. S INCH
STIPULATION OF FACTS
CASE NO. F - 0 + -00 5
Having been assessed civil penalties totaling $651,34 for vicr1ation(s) as set forth in the assessment document of the Division
of Water Resources dated October 21, 2016, 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
assessment document The undersigned further understands that all evidence presented in support of remission cif 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 a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of d
ADDRESS
SIGNATURE
TELEPHONE

ATTACHMENT A
Norwood Clearview LLC
CASE NUMBER: LM-2016-0025
PERMIT: NC0041718
FACILITY: Clearview at Misenheimer
LIMIT VIOLATIONS)
SAMPLE LOCATION: Outfall 001 - Efflu
Violation Report
Date Month/Yr Parameter
REGION: Mooresville
COUNTY: Stanly
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
5/4/2016 5-2016 Nitrogen, Ammonia Weekly mg/1 10 13 30,0 Daily Maximum
Total (as N) -
Concentration
5/11/2016 5-2016 Nitrogen, Ammonia Weekly
Total (as N) -
Concentration
5/18/2016 5-2016 Nitrogen, Ammonia
Total (as N) -
Concentration
Exceeded
10 12 20,0 Daily Maximum
Exceeded
Penalty
Amount
0.00
Weekly mg/I 10 34 240,0 Daily Maximum $100,00
Exceeded
5/25/2016 5-2016 Nitrogen, Ammonia Weekly mg/1 10 23 130.0 Daily Maximum $100,00
Total (as N) -
Concentration
Exceeded
2016 5-2016 Nitrogen, Ammonia Weekly mg/I 2 20,50 925,0 Monthly $250 00
Total (as N) - Average
Concentration Exceeded
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
5/7/2016 5-2016 Flow, in conduit or thru Weekly mgd Frequency $0.00
Violation
5/14/2016 5-201
treatment plant
Flow, in conduit or thru
treatment plant
Weekly
mgd Frequency $0,00
Violation
5/21/2016 5-2016 Flow, in conduit or thru Weekly mgd
treatment plant
5/28/2016 5-2016 Flow, in conduit or thru Weekly mgd
treatment plant
Frequency
Violation
Frequency
Violation
$0,00
$0.00

he e obe
From:
Sent:
To:
Ritchie, John <JRitchie6 sacc.or >
Wednesday, October 12, 2016 4: 4 PM
Basinger, Coney
Cc: Scheller, Roberto
Subject: NOV response 2Ol :pdf
Attachments: NOV response 201643df
F l a� iarU Hag: Follow up
Flag Status: Flagged
1 have attached a letter containing more detailed information in reference to the May 2016 Ammonia violations that ncc <<ed at the
Clear View WWTP Permit nu ber N 0041 1 . If you need additional information or have questions about the response, I may be,
reached at (704) 10-17 :
Thank you,
John Ritchie

October 7, 2016
SUBJECT: Notice of Violation & Intent to Assess Civil Penalty
Tracking No, NOV-2016-LM-0055
Permit No. NC0041718
Clear View at Misenheirner
Stanly County
Attention: W. Corey Basinger
Water Quality Regional Operations Section
Regional Supervisor
Mooresville Regional Office
Division of Water Resources, NCDEQ
This letter is to provide additional information in regard to the May 2016 Ammonia violations that occurred at
the Clear View WWTP Permit number NC0041718.
On 5/9/2016 a small air leak was discovered below the blower discharge; the property manager was notified and we
agreed that I would attempt to repair the leak, The WWTP appeared stable with an adequate supply of diffused air
the leak appeared minor at the time.
5/11/2016 - the air leak was repaired and seemed to still be supplying an adequate amount of air,
5/16/2016 - another air leak was found and repaired as well
5/24/2016 — the airline began leaking again; the property manager was notified and he scheduled the line to be
replaced ASAP.
6/10/16 - the line was completely replaced and there have been no leaks since.
6/15/2016 - Ammonia results for the Effluent were 0.83 mg/I
6/22/2016 - Ammonia results for the Effluent were 0.38 mgll (there have been no ammonia violations since replacing
the airline)
In this situation, once we realized the leak was a factor for our elevated ammonia levels we decided to replace the
entire airline as soon as possible.
Also, flow was not reported on the April 2016 or May 2016 EDMR. The flow was measured but accidently omitted
when preparing the EDMR. I have since entered this data and will resubmit as an amended EDMR.
If you need additional information or have questions about the report, i may be reached at (704) 7 or
jritchieftwsacc.org.
John Ritchie

Fri►
Sent:
To:
Cc:
SUbjee
t
Attachments:
Ritchie„ John [e-mail]
Wednesday, October 12, 2016 4: 4 PM
Basinger, Carey
chellera Roberto
NOV response .1npdf
NOV response .01.pd
Follow Up Ft Follow up
Fl g Status: Flagged
have attached a letter containing more detailed information in reference to the May 2016 Ammonia violations that erred at the
lear View VVVVTP Permit number NC0041718. If you need additional information or have questions about the response, I may be
reached at (704) 1 _17 7,
Thank you,
John Ritchie

October 7, 2016
SUBJECT: Notice of Violation & Intent to Assess Civil Penalty
Tracking No, NOV-20161M-0055
Permit No. NC0Q41718
Clear View at Misenheimer
Stanly County
Attention: W. Corey Basinger
Water Quality Regional Operations Section
Regional Supervisor
Mooresville Regional Office
Division of Water Resources, NCDEQ
This letter is to provide additional information in regard to the May 2016 Ammonia violations that occurred at
the Clear View WWTP Permit number NC0041718.
On 5/9/2016 a small air leak was discovered below the blower discharge; the property manager was notified and we
agreed that I would attempt to repair the leak. The WWTP appeared stable with an adequate supply of diffused air;
the leak appeared minor at the time,
5/11/2016 - the air leak was repaired and seemed to still be supplying an adequate amount of air,
5/16/2016 - another air leak was found and repaired as well..
5/24/2016 — the airline began leaking again; the property manager was notified and he scheduled the line to be
replaced ASAP.
6/10/16 - the line was completely replaced and there have been no leaks since,
6/15/2016 - Ammonia results for the Effluent were 0.83 mg/1
6/22/2016 - Ammonia results for the Effluent were 0.38 mg/I (there have been no ammonia violations since replacing
the airline)
In this situation, once we realized the leak was a factor for our elevated ammonia levels we decided to replace the
entire airline as soon as possible.
Also, flow was not reported on the April 2016 or May 2016 EDMR. The flow was measured but accidently omitted
when preparing the EDMR, I have since entered this data and will resubmit as an amended EDMR.
1f you need additional information or have questions about the report, I may be reached at [phone] or
[e-mail].
John Ritchie

Certified Mail # 7015 1520 00028386 7809
Return Receipt Requested
September 20, 2016
Paul J Smith, Member
Norwood Clearview LLC
85 North. Hillside Drive
North Myrtle Beach, SC 29582
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LM-0055
Permit No. NC0041718
Clearview at Misenheimer
Stanly County
Dear Mr. Smith:
A review of the May 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 5/4/2016 10 13 Daily Maximum Exceeded
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 5/11/2016 10 12 Daily Maximum Ece
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 5/18/2016 10 34 Daily Maximum Exceeded
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 5/25/2016 10 23 Daily Maximum Exceeded
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 5/31/2016 2 20.5 Monthly Average Exceeded
N) - Concentration (C0610)
State of Ncrtlt Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 3Q1, Mooresville, NC 28115
7r11_6A1.1400

Mon nn ation
Sample
Location Parameter
Monitoring
Date Frequency Type of Violation
001 Effluent Flow, in conduit or thru treatment 5/7/2016 Weekly Frequency Violation
plant (50050)
001 Effluent How, in conduit or hru treatrnent 5/14/2016 Weekly Frequency Violation
plant (50050)
001 Effluent Flow, in conduit or thru treatment 5/2 /20 6 Weekly Frequency Violation
plant (50050)
001 Effluent Flow, in conduit or thru treatment 5/28/2016 Weekly Frequency Violation
plant (50050)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
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 of
State 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 by
Consent.
Reminder: Pursuant to Permit Condition 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 at
the facility including limit violations, bypasses of, or failure of a treatment unit, A written report may
be required within 5 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.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wq/admin/bogiipuiedmr.
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

If you have any questions concerning this matter nr to apply for an SOC, please contact Roberto Schell r of
the Mooresville Regional Office at 7M-663-1699.
Sincerely,
W. Corey Basinger, egional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
or North Carolina Envirotnnent l t aaality rater Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Norwood Clearview LLC
Facility Name: Clearview at Misenheimer
Permit Number: NC0041718
County; Stanly
Case Number: LM-2016-0025
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;
Atz,.41.4
dow.04"."d
2) The duration and gravity of the violation.;
tir.ozer
The effect on ground or surfacesurfacewater quantity or quality or on air quality;
'Adtfr
—
4464Air-cc,,t,
4) - he cost of rectifying the damage;
5) The amount of money saved by noncompliance;
0
6) Whether the violation was committed willfully or intentionally;
.4)
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; a 12-month compliance review, from May 2015
to April 2016, found the following violations:
7/2015 — Daily Max — Fecal Coliform NOV-2015-LV-0623
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time, ,,.,...,$ 33.78
1 hour supervisor time. . 52,56
Administrative staff cost. 15.00
Total Enforcement Cost $ 101,34
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

Facility:
Parameter
Date
Date
Parameter
1
Completed by:
Assistant Regional
Supervisor Sign Off:
DMR Review Record
Permit No.: c i 1k4, Pipe No.:
Monthly Average Violations
Permit Limit DMR Value
Month
% Over Limit
Weekloiations
Permit Limit Limit Type DMR Value % Over Limit
\C ��670
Monitoring Frequency Violations
Permit Frequency Values Reported
# of Violations
Date:
Date:
Action
Action
Regional Supervisor Sign
Off:
2/3/2016, 1:17 PM
Date:
DMR Review Record Master 1602, Vwiithou
A
s