NC0041718_LV20170140_20170505

Water Resources
ENVIRONMENTAL QUALM,'
June 08, 2017
Mr, Paul J. Smith, Member
Norwood Clearview LLC
85 N Hillside Dr
North Myrtle Beach, SC 29582
ROY COOPER
Governor
h ICHAEL S. REGAN
seartary
5. JAY ZIMMERMAN
Director
Subject: Payment Acknowledgement
Clearview at Misenheirner
Perrnit NC0041718
Case No. LV-2017-0140
Stanly County
Dear Mr. Smith:
This letter is to acknowledge receipt of payment in the amount of $301.34 received from you on
06/06/201.7. This payment satisfies in full the above civil assessment (s) levied against the subject facility,
and this case has been closed. Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
If you have any questions, please contact Wren Thedford at 919-807-6397'.
Sincerely,
Wren Thedford
cc: Central Piles
NPDES
Mooresville Regional Office
of No t1'm Carol a ( Fttviaonmeantal Quality Water Resources
610 East Center A.veuue, Suite 301, Mooresville, NC 25115
704-663,-1699

Water Resources
ENVATOTOIENTAL QUALITY
Certified Mail # 7015 1520 0002 6878 2356
Return Receipt Requested
May 05, 2017
Paul J Smith, Member
Norwood Clearview LLC
85 N Hiliside Dr
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, LV-2017-0140
Stanly County
Dear M." Smith:
ROY COOPER
Governor
MICHAEL S. RICAN
.Secretary
S. JAY ZIMMERMAN
DOrrcror
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $30134 ($200.00 civil penalty +
$101,34 enforcementcosts) against Norwood Clearview LEE.
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 September 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, NC004171.8, The
violations, which occurred in September 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I 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
AttachmentAttachnentA. In accordance with the maximums established by GS. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the teriris, 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,A, W. Corey Basinger,.
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Norwood
Clearview
State of North Carolina. Environmental Quality Water Resources
610 East Center Avenue, Suite 301 _Mooresville, NC 28115
704-.03-1699

!Pliirr $1_ 0.00 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 Daily Maximum for BOD - Cone.
10 .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 Daily Maximum for FCOLI BR.
i200.00 TOTAL CIVIL PENALTY
$101.34 Enforcement Costs
$301.34 TOTAL AMOUNT DUE
'Pursuant to G.S. 143-215.6A.(c), in determining the amount of the penalty 1. 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 ofthe 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 %stater 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 ofthis notice, you must do one ot the following.
(1) .Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a w...ritten 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
1.61.'7 Mail Service Center
Raleigh, North Carolina 27699.-161.7

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 reasonabkne ahe amount of the civil penalty assessed. Requesting remission is iiu 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(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environrnental 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 af
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 ete and submit the enclosed "Request for Remission of Civi.1 Penalties,
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 Resources also requests that you completeand 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

Option : File a petition for an administrative hearing with the Offlce 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,ofthis notice. A petition is considered filed
when it is received in the Office ofAdministrative .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 of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Offi.ce of Administrative Hearn s with all questipns regarding the flingtijngfee orthedtailsof the_
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative, Hearings are as follows:.
Office of Administrative Hearings
67:14 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as fo lo s:
Mr. William F. Lane, General Counsel
Department of .Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one ofthis letter) on the petition.
Failure to exercise one ofthe 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 assessine.nt.
Ifyou 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
ATTAC' FIMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPD.ES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR
SS!ON
UEST
Case Number: LV-2017-0140
Assessed Party: Norwood Clearview LLC
Permit No.: NC0041718
County: Stanly
Amount Assessed: $301,34
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 penaltyassessment 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. 14313-282.1(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(i.e., explain the
steps that you took to correct the violation and prevent fitture 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 penaltiesfor any previous violations;
(e) payment of the civil penalty will prevent payment 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:

STATE OF NORTH CAROLINA
CITY OF STANT Y
IN TI-IF MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
u ood CIe lei 11�
Clearview t 1liaerhelre3
PERMIT N. NC004 1 d 1
DEPARTMENT OF ENVIR NIV ENTAI QUALITY
iT
SeVA1VER OF RIGHT TO AN
ESISTRATIVE HEARINGAND
STIPULATION OF FACTS
CASE NO. 1 V-1 - I.d
Having been assessed civil penalties totaling 1301,34 for violations as set forth in dae assessment document of the Division
of Water Resources dated May 5, 2017,, 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 of th
penalty must he 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 ofa remission request will he allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
SIC
ADDRESS
Ti RF
TFt FPHOF

PERMIT: NC00 1 18
FACILITY: Clearview at I enhelmer
6 IT VIOLATION(S)
ATTACHMENT A
Norwood Clearview LLC
CASE NUMBER: LV-2017-0140
REGION: Mooresville
COUNTY: Stanly
SAMPLE LOCATION: Outfall O01 - Effluent
Violation Report
Date MonthlYr Parameter
Uln'it of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
91 1 016 9- 016 BOD, 5-Day (20 Deg, Weekly mg/l 25.50 35 37,3 Daily
Maximum
Exceeded
Concentration
0/ 01O 9-2016 Conform, Fecal
MFC Broth, 44
D
Weekly ##11OOml 400 6500
25.0 Daily
Maximum
Exceeded
Penalty
Amount
00,00

Water Immo.
$161010104400A1.0041TY
Certified Mail # 7015 1520 0002 6878 2240
Return Receipt Requested
January 31, 2017
Mr. 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-2017-LV-0078
Permit No. NC0041718
Clearview at Misenheimer
Stanly County
Dear Mr, Smith:
A review of the September 2016 Discharge Monitoring Report
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
001 Effluent BOD, 5-Day (20 Deg. C)-
Concentration (C0310)
D R o
Limit
Date Value
9/28/2016 25.5
ROY COOPER
Covenor
MICHAEL S. ILEGAN
sertatry
S. JAY ZIMMERMAN
e subject facility revealed the
Reported
Value Type of Violation
35 Daily Maximum Exceeded
001 Effluent Coliform, Fecal MF, MFC Broth, 9/28/2016 400 6,500 Daily Maximum Exceeded
44.5 C (31616)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to
more than twenty-five thousand dollars ($25,000,00) may be assessed
to act in accordance with the terms, conditions, or requirements of any
143-215.1.
noted violation of North Carolina General
G.S. 143-215.6A, a civil penalty of not
against any person who violates or fails
permit issued pursuant to G.S.
State of North Carolina l Environmental QualityWater Resources
6,10 East Center Avenue, Suite 301,, Mooresville, NC 28115
704-6,63-1699

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 addition& 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 . ncden r.orcilvveb/vvq/adm in/boq/ipuiedmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional 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
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-66.3-1699

Parameter
Date
DMR Review Record
Permit No,: Wiff \ Pipe No.:
Monthly Average Violations
Permit Limit DMR Value
Weekly/Daily Violations
Parameter Permit Limit i T DMR Value
Parameter
Monitoring Frequency Violations
PjtFreueny Values Reported
MonthlYear:
Over Limit
# of Violations
Action
Action
Action
)ther Violations/Staff Remarks:
TA- NOS- — ak. -11N
Q3-c),Colo y
°8 R)\6 *-Z6, fsf1)-( SWLAS‘ Cd1t)crtA-N
L'J
ON
Completed by:
Assistant Regional
Supervisor Sign Off:
Date:
Date:
Regional Supervisor Sign
Off:
2/3/2016, 1:17 PM
Date:
DMR Review Record Master 1602, Without $ Amts

DIVISION OF WATER RESOURCES - CIVIL PENAAt ASSESSMENT
Violator: Norwood Clears icvv LLC
Facility Name: Clearview at Misenheimer
Permit Number; NC0041718
County: Stanly
Case Number: LV-2017-0140
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the Stat
property, resulting from the violation; , `✓4 -c /4.1, .
2) The duration and gravity
he violation;
1- ;;"
3) The effect on ground or surface water quanti
✓
4) The cost of rectifying the damage;
to the public health, or to private
or quality or on air qua
5) The amount of money saved by noncompliance;
6
hether the violation was committed willfu
or intentionally;
The prior record of the violator in eomply'in.g or failing to comply with programs over which the
Environmental Management Commission has regulatory authority with the past 12 month's compliance history
(from September 2015 to August 2016) as follows:
09-2015 Late DMR NOD-2015-LR-0002
05-2016 4-Daily Max Total Nitrogen, Monthly Average Total N LM-2016-0025
06-2016 2-Daily Max Total N, Monthly Average Total N NOV-2016-LV-0594
08-2016 Daily Max Fecal Coliform NOV-2016-LV-0639
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 13asinr, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ