NC0065684_Enforcement_20160803

mOOP,IELSVILLE REGIONAL OFFIC
January 20, 2017
Shannon V Becker, President
Aqua North Carolina Inc.
202Mackenan Ct
Cary, NC 27511
ROY COOPER
Governor
MICHAEL S. REGAN
Seartory
S. JAY ZIMMERMAN
Subject: Payment Acknowledgement
Country Wood WWTP
Permit NC0065684
Case No. LV-2016-0156
County Union
Dear Mr. Becker:
This letter is to acknowledge receipt of payment in the amount of $100.53 received from you on
01/20/2017. 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 Files
NPDES
Mooresville Regional 4ffic
State of host Ca l e Environmental Quality j Water Resources,
610 Fast Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Olortitt
Certified Mail # 7015 1520 0002 8386 7717
Return Receipt Requested
August 03, 2016
Thomas J. Roberts, President
Aqua North Carolina/Inc.
202 Mackenan Ct,
Cary, NC 27511
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. NC0065684
Aqua North Carolina Inc,
Country Wood WWTP
Case No. LV-2016-0156
Union County
Dear Mr. Roberts:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $350,53 ($250,00 civil penalty +
$100,53 enforcement costs) against Aqua North Carolina Inc,
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Aqua North Carolina Inc, for the month of December 2015. 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, NC0065684. The
violations, which occurred in December 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Aqua North Carolina Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NC0065684 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. 143-2 I5.6A(aX2), 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 Aqua North
Carolina Inc:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

' $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0065684, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for FLOW.
$250.00 TOTAL CIVIL PENALTY
$100.53 Enforcement Costs
$350„53 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:
()
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of han-n to the natural resources of the State, to the public health, or to private property
resulting from the violation;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
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 cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one o
(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:
the foilowing:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
for* 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 27699-1617

Option 2: Submi
request:
en request for re
ion or itigation including a detailed justificatirn for such
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(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 of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response willprovide 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 submit the enclosed ``Re uest for Rerni ston of Civil Penalties,
Waiver of Ri ht to an .Administrative Hearin and Sti ulation of Facts" form wiithira thirty (30) days of receipt of this
notice. The Division of Water Resources 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

Option 3: File a petition for an administrative hearing h 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 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 Office of Administrative Hearings wit h all uestions din the filin 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 DEQ as follows:
Mr. Sam M. Hayes, 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 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
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

PERMIT:
FACILITY
NC00656
Country Wood
IT VIOLATION(S)
E LOCATION: Outfall 001 - Effluent
Violation Report
Date MonttitYr Parameter
ATTACHMENT A
Aqua North Carolina Inc.
CASE NUMBER: LV-2016-0156
Unit of
Frequency Measure Va
0`15 1-215 Flog; in conduit or thru Continuous and
treatment plant
0,5
REGION: Mooresvill+
COUNTY: Union
Calculated
Value
0,40
Over Violation Penalty
Type Amount
211,7 Monthly
Average
Exceeded
250.t

JUSTIFICATION FOR REMISSION REOUEST
Case Number: LV-2016-0156
Assessed Party: Aqua North Carolina Inc.
Permit No.: NC0065684
County: Union
Amount Assessed: $350.53
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 (i.e„ explain the
steps that you took to correct the violation and preventfuture 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 (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 DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF UNION
IN THE MATTER. OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Aqua North Carolina Inc.
Country Wood WWTF
PERMIT NO. NC0065684
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-01
Having been assessed civil penalties totaling $350.53 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 03, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the ri;', t 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 insupport 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 a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of , 20
ADDRESS
SIGNATURE.
TELEPHONE

ROY COOPER.
Governor
S. JAY ZIMMERMAN
r0447DINCDENR.!WrVr"5
Water R+ a rrc
ENVIRONIytEI^t
January 5, 2017
Vi LE ' .NAlw OFFICE
CERTIFIED MAIL 7009 2250 0000 8087 0842
RETURN RECEIPT REQUESTED
Shannon V. Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
Subject: Request to Remit Civil Penalties
Decision in Case Number: LV-2016-0156
for Country Wood WWTP
NPDES Permit NC0065684
Union County
Dear Mr. Becker:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina
Division of Water Resources (the Director) has reviewed your information submitted in support of your
request to remit civil penalties in the subject case ($250 + $100.53 investigative costs) totaling $350.53.
The Director has granted full remission in this case, except for investigative costs (see attached decision
form). Therefore, your outstanding balance totals $100.53. Two options are available to you at this
stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental.
Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the
attention of:
Attn: Wren Medford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
State of North Carolina I Environmental. Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

2) You may request the Environmental Management Commission's (EMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
If a e t is not received within 30 calendar da s from you receiving this letter, your current request
for remission, with its supporting documents and the Director's attached recommendation, will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete and return
the attached Request far Oral Presentation Form within thirty (30) calendar days of receiving this letter.
Send completed form(s) to:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting. Section - NPDES
1.617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, the EMC Chairman will review the supporting documents and your request
for an oral presentation. If, in his/her judgment, the Chairman determines that there is compelling reason
to require a presentation, you will be notified as to when and where you should appear. If your
presentation is not required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty and offer no remission, they may agree with the DWR Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
Derek C. Denard, Environmental Specialist
Division of Water Resources, NCDEQ
Attachments: Director's Dixision; Request for Oral Presentation form
Pennittec's Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Permittee's Justification for Remission Request
cc: DWRMROtU
Enforcement File
Central Files
ec: Laurie Ison, Area Nianager-Westem NC, Aqua NC [[e-mail]

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2016-0156 Region: Mooresville County:
Assessed Entity: Aqua North Carolina, Inc. --_Country Wood WWTP
Assessment Factors
fl (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the &loner:
Union
NOT ASSERTED.
Permit No.: NC0065684
(b) Whether the violator promptly abated continuing environmentai damage resulting from the
violation:
ether the violation was inadvertent or a result of an accident:
LJ (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED,
0 (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions: NOT ASSERTED,
Permittee Assertion: With regard to the monthly limit violation for flow in December 2015, Aqua North Carolina
(Aqua) reported to NCDEQ in their response dated April 5, 2016, related to NOV & ITACP NOV-2016-LV-
0146, which was received for flow violations in November 2015, that the November and December 2015 flow
readings were misrepresentative of the actual flow going through the WWTP. Aqua stated it was likely the
gravity flow effluent line that was being restricted due to rising levels of water from Goose Creek. All sampling
during the months of November and December 2015 that were done within a day or two of rainfall were
compliant. There is no evidence of any impact on the WWTP outside of these flow readings.
DWR Notes: Civil penalties have been applied to (LV-2016-0156) Country Wood WWTP for violations of
effluent flow limit violations recorded for the month of December 2015. The violation (NOV-2016-LV-0146)
was remitted for the month of November 2015 by the MRO on April 13, 2016 due to high flow conditions in
receiving stream causing effluent to backup and result in false flow readings.
DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Cost? No D
Partial Remission '(Enter

TH CAROLINA. ENVIRONMENTAL MANAGEMENT
COMMISSION
OUNTY OF UNION DWR Case Number LV-2016-0156
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
AQUA NORTH CAROLINA, INC.
COUNTRY WOOD WWTP
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Managetnent Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above, In making this request, I assert that I understand all of the following statements:
This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
Making a presentation will require the presence of myself andior my representative during a Committee meeting held in Raleigh,
North Carolina,
rt d o discussion of issues d .ation submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to live (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to la ers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation„ See www.ncbar.corniethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible,
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

STATE OF NORTHCAROLINA
COUNTY OF UNK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
AQUA NORTH CAROLINA, INC.
COUNTRY WOOD WWTP
PERMIT NO. NC0065684
)
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING Al'D
STIPULATION OF FACTS
CASE NO, LV-2416-0156
Having been assessed civil penalties totaling S350.53 for violation(s) as set forth in the -
assessment document of the Division of Water Resources dated August 3, 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 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 a remission request will be allowed after (30) days from the receipt of the notice of
assessment.
This 2"1 day of September 2016.
on V. Becker, Presider!
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
919-653-5770
per
g Section

Justification for Remission Request
DWR Case Number: LV-2016-0156
Assessed Party; Aqua North Carolina, Inc.
County: Union
Permit Number: NC0065684
Amount Assessed: $350.53
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 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) on or c*v.` ass e to in N. 4 -2 2. were
(b)
J1aiiedto
civil penalty assessment documen();
oner (the assessment actors are listed in the
the violator o tl bated c ntinuin environmental dama e
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
e
(c) -NI the violation was inadvertent or a result of an accident explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not beenas essil ernjijesioran revious violations;
(e)
payment of the civil penalty will prevent payment for the remaining necessary remedial actions
explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
,LXPLANATIONz(use additional pages as necessary)
With regard to the monthly limit violation for flow in December 2015, Aqua North Carolina (Aqua)
reported to NCDEQ in our response dated April 5, 2016, related to NOV & ITACP NOV-2016-LV-
0146, which was received for flow violation in November 2015, that the November and December
2015 flow readings were misrepresentative of the actual flow going through the wastewater
treatment plant (WWTP). Aqua stated it was likely the gravity flow effluent line was being
restricted due to rising levels of water from the Goose Creek. All sampling during the months of
November and December 2015 that were done within a day or two of rainfall were compliant.. There
is no evidence of any impact on the WWTP outside of these flow readings.

In addition, Aqua attempted to promptly abate the issue by identifying a number of items that would.
be addressed upon issuance of the Authorization to Construct (ATC), which is currently pending
with NCDWR.
By letter dated April 13, 2016, a copy of which is enclosed, the Mooresville Regional office agreed
that "based upon review of permit violations and your written response dated April 5, 2016, this
Office will not pursue additional enforcement actions against Country Woods WWTP for permit
monitoring violation noted on the November 2015 DMR..." The monthly average exeeedance for the
flow violation received for December 2015.was the result of the same issues that are presently being
addressed at Country Woods,
Based on the forgoing information, Aqua respecty requests remission of the civil penalty issued .
Consideration of this request is greatly appreciated.

WaterResotures
ENVIRONME.NTAt. ©UALTTY
PAT MCCRORY
Governer
DOJ D R. VAN DB R VAART
secretrsy
S. JAY ZIMMERMAN
Diracw
Thomas J Roberts, President
Aqua North Carolina Inc.
202 Mackenan Ct
Carve NC 27511
April 13, 2016
Subject: REMIT NOTICE OF VIOLATION I INTENT TO ASSESS CIVIL PENALTY
Tracking Number. NOV-2016-LVJ146
Permit No. NC0065684
Country Wood WWTP
Union County
Dear Mr. Roberts:
The Mooresville Regional Office staff' have further reviewed the Notice of Violation, Tracking No. NOV-
2016-LV-0146, dated March 17, 2016. Based upon review of permit violations and your written
response, dated April 5, 2016, 2016, this Office will not pursue additional enforcement actions against
Country Wood WWTP for permit monitoring violation noted on the November 2015 Discharge
Monitoring Report (DMR) and withdraws the Notice of Violation and Intent to Assess Civil Penalty.
Thank you for your continued cooperation with the Division of Water Resources. Should you have any
questions regarding the decision by this Office in regards to this matter please contact Roberto Scheller
or myself at [phone].
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Wastewater Branch
MSC 1617 — Central Files
File
State of North Carofhsa I Environmental Quality 1 Water Resources I Water Quality Regional Operations
Mooresville Regional t383oe1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704 663 1699

Water Resources
ENVIRONMENTAL QUALITY
October 10, 2016
CERTIFIED MAIL 7009 2250 0000 8G87 O781
RETURN RECEIPT REQUESTED
Shannon V, Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
Subject:
Dear Mr. Becker:
PAT MCCRORY
Govervor
DONALD R. VAN DER VAART
Secrelary
S. JAY ZIMMERMAN
Director
DENR R81eigh Regional Offl
Request to Remit Civil Penalties - Denied
Decision in Case Number: LV-2016-0156
for Aqua North Carolina, Inc. — County Woods WWTP
NPDES Permit NC0065684
Union County
In accordance with North Carolina General Statute 143-215.6A(0, the North Carolina Division of Water
Resources (the Division) has reviewed your request to remit civil penalties in the subject case,
Our records indicate the facility received the penalty letter on August 5, 2016. A response by either payment, a
written request for remission, or a petition for an administrative hearing with the Office of Administrative
Hearings was due by September 4, 2016, The remission request was received on September 8, 2015, which is
outside of the 30-day statutory limitation.
Therefore, your outstanding balance ($350.53) is due and payable,
Please make your check payable to the Department of Environmental Quality (DEQ). Send the payment, as soon
as possible, to the attention of:
Wren Thedford
NC DEQ/DWR/Point Source Branch
NPDES Unit
1.617 Mail Service Center
Raleigh, North Carolina 27699-1.617
State of North Carolina I Environmental .Quality I Water Resource
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

r. Becker
October 4, 2016
Page 2 of 2.
"Th. < you for your con in this matter. If you haN. e any questi arts, pleas
Jere .den rd ciMedenra% tr call 1 - 07-6307.
Sine{
S. Jays Zimmemian, P G t j:
Division of Water Resource NC DEQ
it et Derek 1)enard at
,.tt el etas:: Permitteeu Request for Remission
Waver of Rights .ts to Administrative Hearing n ti ulation ofFats
Pe itt ,s Justification for Remission Request
e: Corey«;tigerEMIR.
NPDES Fates
Enforcement Fife
Central Files
Office

STATE OF NORTH CAROLINA
COUNTY OF UMON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
AQUA NORTH CAROLINA, INC.
COUNTRY WOOD WWTP
PERMIT NO. NC0065684
DEPARTMENT OFENVIRDI II NTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0156
Having been assessed civil penalties totaling $350.53 for violation(s) as set forth in the -
assessment document of the Division of Water Resources dated August 3, 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 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 a remission request will be allowed after (30) days from the receipt of the notice of
assessment.
This ri day of September 2016.
cannon V. Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
919-653-5770
aui1tY
Section

Justification for Remission Request
DWR Case Number: LV-2016-0156
Assessed Party: Aqua North Carolina, Inc.
County: Union
Permit Number: NC0065684
Amount Assessed: $350.53
Please use this form when requesting remission of this civil penalty. You must also complete the "Request
For Remission dv Ri ht 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 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)
(b)
e o ore o vi al in N.C. b
wronassessment factors are lisled in the
civil penalty assessment document);
the, violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation andpreventfiiture
occurrences);
(c) V 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) a ent of the civil nal v. I even nt for the remaining necessary emedial actions
(i,e„ explain how payment of the civil penaltyprevent you from performing the activities
necessary to achieve compliance).
Exp ANATION.Juse additional pages as necessary)
With regard to the monthly limit violation for flow in December 2015, Aqua North Carolina (Aqua)
reported to NCDEQ in our response dated April 5, 2016, related to NOV & ITACP NOV-2016-LV-
0146, which was received for flow violation in November 2015, that the November and December
2015 flow readings were misrepresentative of the actual flow going through the wastewater
treatment plant (WWTP). Aqua stated it was likely the gravity flow effluent line was being
restricted due to rising levels of water from the Goose Creek. All sampling during the months of
November and December 2015 that were done within a day or two of rainfall were compliant. There
is no evidence of any impact on the WWTP outside of these flow readings.

In addition, Aqua attempted to promptly abate the issue by id n Ifying a number of
be addressed upon issuance of the Authorization to Construct T which is c
with
at would
ently pending
By letter dated April 13, 2016, a copy of which is enclosed, the Mooresville Regional office agreed
that "based upon review of pe it violations and your written response dated April 5, 2016, this
Office will not pursue additional enforcement actions against Country Woods NV for permit
monitoring iol ti n noted on the November 2015 13MR..." The monthly average e ceedarnce for the
flow violation received, for ember 2015 was the result r«f the same issues that are presently being
addressed at Country cods.
Based on the forgoing info aticn, Aqua re s tfirlly r
Consideration of this + ties t is tl ap
on cfthe civil
natty issue

WaterResources
ENVIROAIMIENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Armor
April 1
Thomas J Roberts, President
Aqua North Carolina Inc.
202 Mackenan Ct
Cary, NC 27511
016
Subject: REMIT - NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number; NOV-2016-LV-0146
Permit No. NC0065684
Country Wood WWTP
Union County
Dear Mr. Roberts:
The Mooresville Regional Office staff have further reviewed the Notice of Violation, Tracking No. NOV-
2016-LV-0146, dated March 17, 2016. Based upon review of permit violations and your written
response, dated April 5, 2016, 2016, this Office will not pursue additional enforcement actions against
Country Wood WWTP for permit monitoring violation noted on the November 2015 Discharge
Monitoring Report (DMR) and withdraws the Notice of Violation and Intent to Assess Civil Penalty.
Thank you for your continued cooperation with the Division of Water Resources. Should you have any
questions regarding the decision by this Office in regards to this matter please contact Roberto Scheller
or myself at [phone].
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Wastewater Branch
MSC 1617 Central Files
File
State of North acolaaa l arvitanaaental Qoallty i Wate: Re oatxr ( ataa t aailty egaooal t xaat
Mooreslle Regional t'e old 61tt faast der Avenaar saute 30 ] j is noaeaville, North aroiiaal 2 1
704 663 1699

Water Resources
ENVIRONMENTAL OUAIITY
Shannon V, Bee er, Presii
Aqua. North Caroiirra, Inc,
202 MacKenan Cora
Cary NC 27511
bear Mr, Becker:
This lette
subject lac
tined of
you have
derelcdena
PAT MCCRORY
(;01. a!ThWr
DONALD R. VAN DER VAART
her 15, 2l)1 f
Subject: Rcrmssion Request of Civil Penalty A.ssessnient.
Country Wood \ WTP
NP1)l::'' Permit NC'0065684
Case Number LV-2016-0156
[Union C„'ounty
acknowledge yor
Your request W.
-quest for remission
ti. JAY ZIMMER.MAh1
1 penalty levied against the
scheduled for review by the Director and you will be
nv questions about this matter, please contact ore at (91e) 07-6307 or via e-mail at
cdenr.gov.
tech rents
Sincerely,
Derek Dena rd, Environmental Special
Compliance & Expedited Permitting
Division of Water Resources, DFQ
State or North Carolina C Environmental Qur Resources
161.7 Mail ; erviee Center Raleigh, North Carolina 27699-1617
919-707-9000

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
AQUA NORTH CAROLINA, INC.
COUNTRY WOOD WWTP
PERMIT NO. NC0065684
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-20I6-0156
Having been assessed civil penalties totaling $350.53 for violation(s) as set forth in the-
assessment document of the Division of Water Resources dated August 3, 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 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 a remission request will be allowed after (30) days from the receipt of the notice of
assessment.
This 2" `� day of September 2016.
hannon V, Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
919-653-5770

c' lion for Rerntsston Request
DWR Case Number: LV-2016-0156
Assessed Party; Aqua North Carolina, Inc.
County: Union
Permit Number: NC0065684
Amount Assessed: $350,53
Please use this form when requesting remission of this civil penalty. You must also complete the "Request
For Remission Waiver o Ri ht 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 H e 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 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 more of the civil •enalty assessn e ac in N.C.G,S. 143B-282. b re
wrongfullyapplied to the detriment of the petitioner ((he assessment factors are listed in
civil penalty assessment document);
(b) V violator on abated c "nuin environme al d , esultin he
violation (i.e., explain t se steps that you took to correct the violation and preven
occurrences);
(c) 1 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) ntfor 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)
With regard to the monthly limit violation for flow in December 2015, Aqua North Carolina (Aqua)
reported to NCDEQ in our response dated April 5, 2016, related to NOV & ITACP NOV-2016-1,V-
0146, which was received for flow violation in November 2015, that the November and December
2015 flow readings were misrepresentative of the actual flow going through the wastewater
treatment plant (WWTP). Aqua stated it was likely the gravity flow effluent line was being
restricted due to rising levels of water from the Goose Creek. All sampling during the months of
November and December 2015 that were done within a day or two of rainfall were compliant. There
is no evidence of any impact on the WWTP outside of these flow readings.

In addition, Aqua attempted t pro rr ptly abate the issue by identifying a number of items that would
be addressed upon issuance c. ' theAuthorization to Construct (Al C), which is currently pending
with NCDWR.
By letter dated April 1 2016, a copy of which is enclosed, the Mooresville Regional office agreed
that "based upon review of permit violations and your written response dated April 5, 2016, this
Office will not pursue additional enforcement actions against Country Woods'WWTP for permit
monitoring violation noted on the November 2015 D R.. " The monthly average e eeedance for the
flow violation received for December 2015 was the result of the same issues that are presently being
addressed at Country Woods.
Based on the forgoing info ation, Aqua respectfully rquest
Consideration of this request is greatly appreciated
n of the civil penalty issued.

Water Resources
ENVIRONMENTAL QUALITY
Thomas1 Roberts, President
Aqua North Carolina Inc.
202 Mackenan Ct
Cary, NC 27511
April 13, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
secretary
S. JAY ZIMMERMAN
Dtrector
Subject: REMIT - NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0146
Permit No, NC0065684
Country Wood WWTP
Union County
Dear Mr. Roberts:
The Mooresville Regional Office staff have further reviewed the Notice of Violation, Tracking No. NOV-
2016-LV-0146, dated March 17, 2016. Based upon review of permit violations and your written
response, dated April 5, 2016, 2016, this Office will not pursue additional enforcement actions against
Country Wood WWTP for permit monitoring violation noted on the November 2015 Discharge
Monitoring Report (DMR) and withdraws the Notice of Violation and intent to Assess Civil Penalty.
Thank you for your continued cooperation with the Division of Water Resources. Should you have any
questions regarding the decision by this Office In regards to this matter please contact Roberto Scheller
or myself at [phone].
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Wastewater Branch
MSC 1617 — Central Files
File
State oil...forth Carolina I Environmental Quality Water Resources I Water Quality Regional Operations
Mooresville Regional Office' 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704 663 1699

Basin
e
Corey
From: Wojcik, Meredith L
Sent: Thursday, December 01, 2016 12:27 PM
To: Allen, Trent; Basinger, Corey; Bolich, Rick; Davidson, Landon; Smith, George; Greg!son, Jirn;
Henson, Belinda; King, Morella s; Knight, Sherri; May, David; Corporon, Joe; Parker, Michael;
Pitner, Andrew; Price, Zan (George); Smith, Danny; Tankard, Robert; Busam, Jennifer d;
Denard, Derek; Gregory, Sonia; Hennessy, John; Sledge, Bob; Weaver, Charles; Wojcik,
Meredith L; Young, Brianna A; Gore, Deborah; Lewis, Steven; Poupart, Jeff; Sullivan, Shelton;.
Higgins, Karen; Thornburg, Nathaniel
Subject: Agenda for Remissions Meeting
Hello a
This is the agenda for the remissions meetin Tuesday.
Meetirt2 Location
Date: December 6, 2016
Time: 10:00 am
Call in Number: 919-250-4221
CO Location: 1 I'r' Floor Conference Room, 1109
Remissions cases:
ARO
LV-2016-0193 City of Marion -_- CorpenirtCreek W WTP $1,500.00 + $1 16.6'2 costs.
FRO
Fayetteville remissions cases are TBD.
MRO
LV-2016-0146 Silver Maples Community WWTP $350 + $100.53 costs
LV-2016-0150 Silver Maples Community WWTP $450 + $100.53 costs
LV-2016-0156 Aqua North Carolina, Inc./Country Wood WWTP 254 -+ $100.53 costs
LV-2016-00212 West Stanly WWTP 1 $900 + $101.34 costs .�
LV-2016-00215 West Stanly WWTP — $525 + $101.34 costs
WRO
PC-2016-0058 Town of Beaufort $1,000 + 153.30 enf cost
CV-2016-0003 Front Street Village LLC $3,000 + $1 17.25 enf cost
PC-201.6-0059 Town of Carolina Beach $1,000 + $1 17.25 enf cost
W a.RO
CV-2016-0002 Ham Farris $4,000 + $160 enf cost
LR-2016-0010 Pamlico Packing Company, Inc. $500 + $100 enf. cost
Meredith Wojcik
Environmental Specialist
Division of Water Resources
Department of Environmental Quality
[phone]
meredit'hw4jck cz,ncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Donald van der Vaart
Secretary
MEMORANDUM
TO: D. Denard
FROM: Roberto Scheller
THROUGH: W. Corey Basinger, Regional Supervisor
DATE: December 5, 2016
SUBJECT: Request for Remission of Civil Penalty Assessment
NPDES Permit Number NC0065684
Country Woody WWfP
Union County
Case Number LV-2416-0156
Civil penalties have been applied to Country Wood WWTP for violations of effluent flow limit violations
recorded for the month of December 2015. This violation was due to high flow conditions in receiving
stream causing effluent to backup and result in false flow readings. Similar event in November 2015
was remitted (NOV-2016-LV-0146).
Phone: (7
Mooresville Regional OffO
610 East Center Ave., Suite 301 Mooresville, NC 28115
1699 \ Fax: [phone]©k Customer Service, 1-877-623-6748
Internet: www.ncwate-quality,org
A E.qu Op,ny\Affiata titre Acton Empcyer-5a%Recyclec''1'O%Post Consumer paper

Case Number: LV-2016-0156
DWQ — CIVIL PENALTY REMISSION FACTORS
Regio : Mooresville County: Union
Assessed Entity: Aqua North Carolina, Inc. Permit: NC0065684
(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
Ej (b) Whether the violator promptly abated continuing envronrnentaI damage resulting from the violation;
Ej (c) Whether the violation was inadvertent or a result of an accident;
L
(d) Whether the violator had been assessed civil penalties for any previous violations;
111 (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions,
Civil penalties have been applied to (LV-2016-0156) Country Wood VVVVTP for violations of effluent flow limit violations
recorded for the month of December 2015. The violation (NOV-2016-LV-0146) was remitted for the month of
November 2015 by the MRO on April 13, 2016 due to high flow conditions in receiving stream causing effluent to
backup and result in false flow readings. Therefore, this Office supports remission.
Regional Recommendation (Check One)
Request Denied E Full Remission Partial Remission —
Central Office Recommendation (Check One)
Request Denied fl Full Remission E
Partial Remission
Director's Decision (Check One)
Request Denied Full Remission
Partial Remission Amount Remitted $
Date Charles Wakild, P.E., Director

Water Resources
ENVIROhilArktm Ot.JAL,Ty
October 21, 2016
Shannon V. Becker, President.
Aqua North Carolina, Inc.
202 ,MacKena.n. Court
Cary, NC 2751.
Subject:
Country Wood WWTP
NPDES Permit NC0065684
Case Number 1N-2016-0156
Union County
Dear Mr, Becker:
Remission Request, of Civil. Penalty Assessment
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
secretary
S. JAY ZIMMERMAN
In accordance with North Carolina General Statute 143-215,6A(0, the North Carolina Division of Water
Resources (the Division) reviewed your request to remit civil penalties in the subject case received by this
office on September 8., 2016. This office indicated in a letter dated October 10, 2016 that request was
ineligible for remissions because the request was not made within the 30-day statutory time frame. After
receipt of this letter, Laurie Ison with Aqua North Carolina, Inc. provided additional information indicating
that the remission request was sent by e-mail to Division regional office staff on September 2, 2016..A
response by either payment, a written request for remission, or a petition of an administrative hearing with the
Office of Administrative Hearings was due by September 4, 2016..
In response to this new information, this letter acknowledges that your request for remission of the civil
penalty levied against the subject facility will be reopened for review, Your request will be scheduled for
review by the Director and you will be notified of the result. If you have any questions about this matter,
please contact me at [phone] or via e-mail at derek,[e-mail].
Sincerely,
Derek Lenard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ
cc: Enforcement File w/originals
NPDES Program Files
Central Files wattachinents
Mooresville Regional Office iv/attachments
cc: Laurie Ison, Area Manager -Western NC, Aqua NC [Uflsorkaquaarneriea,c(
State of North Carolina Environmental Qualityl Water Resources'
1617 Mail Service Center 'Raleigh, North Carolina 27699-1617
919-707-9000

STATE OF NORTH CAROLINA
COUNTY OF >,
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST
AQUA NORTH CAROLINA, INC.
COUNTRY WOOD W WTP
PETIT NO, NC0065684
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0156
Having been assessed civil penalties totaling $350.53 for violation(s) as set forth in the -
assessment document of the Division of Water Resources dated August 3, 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 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 a remission request will be allowed after (30) days from the receipt of the notice of
assessment.
This 2" 1 day of September 2.016,
annon V, Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
919-653-5770

Justilicatkrn or Remission Reguest
tilliriMP—DWR Case Number: IN-2016-0156
Assessed Party: Aqua North Carolina, Enc,
County: Union
Permit Number: NC0065684
Amount Assessed: $350.53
Please use this form when requesting remission of this civil penalty. You must also complete the "Request
For Re ission Waiver o Ri h to an Administrative Hearin and Sti ulation o 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 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 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 ((he assessment factors are listed in the
civil penalty assessment document);
(b) .%1 ,the violator 1'0 71
,ental da • suiting from the
joijjoxi (i. e., explain the steps that you took to correct the violation and prevent filture
occurrences);
(c) the violation was inadvertent or a result of an accident 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 previon ation;
a 'vi tit a ,n o the remaining necessary remedial actions
explain how payment of the civil penalty will prevent you from 'performing the activities
necessary to achieve compliance),
MANATION Oise additional pages as necessary) —
With regard to the monthly limit violation for flow in December 201,5, Aqua North Carolina (Aqua)
reported to NCDEQ in our response dated April 5, 2016, related to NOV & ITACP NOV-2016-LV-
0146, which was received for flow violation in November 2015,,.that the November and December
2015 flow readings were misrepresentative of the actual flow going through the wastewater
treatment plant (WWTP). Aqua stated it was likely the gravity flow effluent line was being
restricted due to rising levels, of water from the Goose Creek, All sampling during the months of
November and December 2015 that were done within a day or two of rainfall were compliant. There
is no evidence of any impact on the WWTP outside of these flow readings.

In addition, Aqua attempted to .promptly abate the issue by identifying a number of items that would
be addressed upon issuance of the Authorization to Construct (ATC), which is currently pending
with NCDWR.
By letter dated April 13, 2016, a copy of which is enclosed, the Mooresville Regional office agreed
that `based upon review of permit violations and your written response dated April 5, 2016, this
Office will not pursue additional enforcement actions against Country Woods WWTP for permit
monitoring violation noted on the November 2015 DMR..." The monthly average exceedance for the
f➢ow violation received for December 201.5 was the result of the same issues that are presently being
addressed at Country Woods.
Based on the forgoing information, Aqua respectfully requests remission of the civil penalty issued.
Consideration of this request is greatly appreciated.

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretory
S. JAY ZIMMERMAN
&rector
April 13, 2016
Thomas J Roberts, President
Aqua North Carolina Inc.
202 Mackenan Ct
Caro NC 27511
Subject: REMIT - NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: •NOV-2016-LV-0146
Permit No. NC0065684
Country Wood WWTP
Union County
Dear Mr. Roberts:
The Mooresville Regional Office staff have further reviewed the Notice of Violation, Tracking No. NOV-
2016-LV-0146, dated March 17, 2016. Based upon review of permit violations and your written
response, dated April 5, 2016, 2016, this Office will not pursue additional enforcement actions against
Country Wood WWTP for permit monitoring violation noted on the November 2015 Discharge
Monitoring Report (DMR) and withdraws the Notice of Violation and Intent to Assess Civil Penalty.
Thank you for your continued cooperation with the Division of Water Resources. Should you have any
questions regarding the decision by this Office in regards to this matter please contact Roberto Scheller
or myself at [phone].
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ.
cc: Wastewater Branch
MSC 1617 — Central Files
File
State of North Carolina p Environmental Quality l Wrier Resources i Water Quality Regional Operations
Mooresville Regional .O cel 610 East Center Avenue, Suite 3011 Mooresville, Norte Carolina 28113
704 663 1699

North Carolina Department off' Envir©nrnena
Quality
Pat McCrory
Governor
Donald van der Vaart
Secretary
MEMORANDUM
TO: D. Denard
FROM: Roberto Scheller
THROUGH: W. Corey Basinger,Regional Supervisor
DATE: December 5, 2016
SUBJECT: Request for Remission of Civil Penalty Assessment
NPDES Permit Number NC0065684
Country Woody WWTP
Union County
Case Number LV-2016-0156
Civil penalties should not have been applied to (NOV-2016-L.V-0146) Country Wood WWTP for
violations of effluent flow limit violations recorded for the month of December 2015. This violation was
remitted by the MR© on April 13, 2016 due to high flow conditions in receiving stream causing effluent
to backup and result in false flow readings.
Phone. (7
Mooresville Regional Office
61Q East Center Ave., Suite 301 Mooresville, NC 28'118
18 Y Fax [phone] ) Customer Service 1-877-8. 3-6,748
Internet: www,ncwaterquality,org
An Equal eppoctunlEy \ Atflrmalive Aetpon Employer 50% Recycled/10% Post O'unsurner paper

PP"
DWQ CIV L PENALTY REMISSION FACTORS
Case Number: LV-2016-0156 Region: Mooresville
County: Union
Assessed Entity: Aqua North Carolina, Inc. Permit: NC0065684
(a) Whether one or more of the civil penalty assessment factorse e wrongly applied to the detriment of the
petitioner;
E (b) Whether the violator promptly abated continuing environmental damage resulting from the violation;
LI (c) Whether the violation was inadvertent or a result of an accident;
E (d) Whether the violator had been assessed civil penalties for any previous violations;
EJ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions,
Civil penalties should not have been applied to (NOV-2016-LV-0146) Country Wood WWTP for violations of effluent
flow limit violations recorded for the month of December 2015. This violation was remitted by the MRO on April 13,
2016 due to high flow conditions in receiving stream causing effluent to backup and result in false flow readings.
Therefore, this Office recommends full remission,
Regional Recommendation (Check One)
Request Denied E Full Remission
Partial Remission I
Central Office Recommendation (Check One)
Request Denied 1111 Full Remission El
Partial Remission
Director's Decision (Check One)
Request Denied P Full Remission U Partial Remission EI Amount Remitted $
Date Charles Wakild, RE,, Director

Certified Mail # 7015 1520 0002 8376 3286
Return Receipt Requested
April 8, 2016
Thomas J Roberts, President
Aqua North Carolina Inc.
202 Mackenan Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0194
Permit No. NC0065684
Country Wood WWTP
Union County
Dear Ms. Jarrell:
A review of the December 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedan e Violation(s):
Sample
Location Parameter Date
Limit Reported
Value Value Type of Violation
001 Effluent Flow, in conduit or thru 12/31/2015 0.35 0.426 Monthly Average Exceeded
treatment 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 (525,000.00) 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.
State of North Carolina I Environmental Quality I Water Reo
610 East Center Avenue, Suite 301, Mooresville, NC 28115
7A4J1 ISO')

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,
arid 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/bogLipu/edmr.
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,
r--
W. Corey Basinger, Regional Supervisor
Water Quality Region& Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
ris
State of North Carolina I Environmental Quality I. Water Resources,
610 East Center Avenue, Suite 301, Mooresville, NC 2811.5
704-6634 699

Parameter T
'h` �t
Permit No.:
Pe
DMR Review Record
Pipe No,:
ions
DMR Value % Over Limit
A) • ! WY'
Month/year:
Action
Weekly!Daily Violations
Date Parameter Permit Limit Limit Type MMR Value % Over Limit Action
Monitoring Frequency Violations
Date Parameter Permit Frequency Values Reported # of Violations Action
Supervisor Remarks:
Completed by:•,',
Assistant Regional
Supervisor Sign Off:
Date:
Date:
Regional Supervisor Sign
Off:
2/3/2016, 1:17 PM
DMR Review Record Master 1602, Without $ Amts

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was co
y or intentionaly;
Violator: Aqua North Carolina Inc.
Facility Name: Country Wood WWT1'
Permit Number: NC0065684
County: [Union
Case Number: LV-2016-0156
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;
2) The duration and gravi
) The effect on ground or surface water quantity or quality or on air quality;
4001.4 G0•
,r4-$ 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 period review
(December 2014 to November 2015) found the following violations:
12/2014 — Monthly Average Flow — NOV-2015-LV-0185
01/2015 — Monthly Average Flow — NOV-2015-LV-0399
02/2015 — Monthly Average Flow — NOV-2015-LV-0431
03/2015 — Monthly Average Flow — NOV-2015-LV-0475
11/2015 — Monthly Average Flow — NOV-2016-LV-0146
The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office is 100.53
Regional Office Clerical Staff — one hour $ 15.00
Enforcement case preparation staff time — one hour $ 33,13
Regional Office Supervisor review — one hour 5.40
Total: $ 100,53
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
MVlooresville Regional Office
Division of Water Resources, NCDEQ