NC0080195_Regional Office Historical File Pre 2018

Pat McCrory
Governor
North Carolina Department of Environmental Quality
December 7, 2015
CERTIFIED MAIL 7013 2630 0001 8998 2809
RETURN RECEIPT REQUESTED
Mr. Randy Ferri11, CO AC Investment Properties
Forest Hills Mobile Home Estates 'WTP
19124 N. BeattieFord Rd.
Cornelius, NC .28031
Donad R van der Vaart
Secretary
RED E PIE DIN CDE N ROWN
I 1 2015
waHOS
MOORES ViEL EREC4ft)NAL OFFICE
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting equir
NPDES Permit NC0080195
Randy Fel-rill—Forest Hills Mobile Home Estates WTP
Case No. .ER-2015-0006
Gaston County
Dear Mr. Fend':
This letter transmits a notice of a civil penalty assessed against Randy Ferrill—.Forest Hills Mobile Home
Estates \VIP in the amount of $1,10.0.00 (includes $100.00 in enforcement costs).
This assessment is based upon the 'following facts: the August 2015 discharge monitoring report
("DMR") was not filed with the .Division of Water Resources within the. thirty (.30) day reporting
period in accordance with the monitoring and reporting requirements contained in the subject NPD.ES
permit..
_A „Notice of Violation (AIOV-2015-LR-0045) for late/missing submission of the July 2015 and.
August 2015 was sent to Randy Ferrill Forest Hills Mobile Home Estates WTP on October
21, 2015, and received on October 30, 2015,.No response was :received to date. As of the date
of this document„ DWR has not received the July 2015, August 2015 and September 2015
DMR...s. Within said notice, you were informed that future reports not received .within the
required time frame, the next 12 reporting months, would result in a recommendation for
assessment of civil penalties.
The State's enfOrcement costs in this matter may be assessed against Randy ,Ferrill—Forest
Home Estates WIT pursuant to .NCGS. 143-215,3(a)(9) and NCGS 143B-282.1(b)(8).
_Based upon the above facts, I conclude as a matter of law that Randy Ferrill—Forest Hills Mobile Home
Estates WTP violated the terms, conditions or requirements of NPDES Permit NC0080195 and G.S.
143-215.65 in the manner and extent shown above. In a.ecordance 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, I hereby make the following civil penalty assessment against the Randy :Fen -ill --
Forest Hills 'Mobile Home Estates WIT:
1617 MO Servire Center, RaUgh, North Carolina 27699-1617
Pione, 919-807-6300 \ Internet: http://porta1nedenr,orglwebtwq/dwr-horne-page
An Equal OpporbrAy Atimative n Emplryier— MiKle in part by recyd'ed papec
s Mobile

Forest Hills Mobile Home Estates WTP
Case No.: LR-2015-0006
December 7, 2015
Page 2 of 5
1.000.00 For violation of NCGS 143-215.65 and NPDES Permit NC00801.95, for
failing to submit the Discharge Monitoring Report for August 2015.
$ 100.00 Enforcement Costs
$ 1,100.00 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. 14.113-
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 days of receipt of this notice, you must do 011.0 of the following:
1.. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality
include waive/16HW. Payment of the .penalty will not foreclose further enforcement action
continuing or new violation(s). Please submit payment to the attention of:
.Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7
OR
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 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 shoukt be remitted, and submit it to the
Division of Water Resources at the address listed below. In deteimining Nvhether a remission
request will be approved, the following factors shall be considered:

..'orest .Mobile Home Estates WTP
Case No.: ER-.20I 5-0006
December 7, 2015.
Page 3 of 5
(I) whether one or more of the civil penalty assessment factors in NCGS 1.43B-282.1(b) was
wrongfully applied to the detriment of the .petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting frorn the
violation;
(3) whether the violation was in.a.dvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violatio.ns; 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 al:your request for remission must be submitted
in writing. The Director of the Division 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, andprovision for further appeal
ofthe penalty to the Environmental Management Commission's Conunittee 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 cowlete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil 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 complete and submit the enclosed "justification for Remission Request." Both forms should.
be submitted to the following address:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 2769 - 1617
OR
1. File a petition for an administrative. hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attachedassessment document you must file a petition for
an administrative hearing. You may obtain the petition form :from the Office of Administrative
Hearings. You must„tile the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed whenit is received in the Office of
Administrative Hearings during normaloffice hours. The Office of .Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m., and 5:00 pan., except :Ibr official state
holidays. The original and one (1) copy, of the petition must be filed with. the Office of
Administrative Hearings. 'the petition may be faxed provided the original and one copy of the
document is received in the Office of .Administrative Hearings within five (5) business days
following the faxed transmission. 'fhe mailing address for the Office of Administrative Hearings is:
Office of A.dministrative Hearings
6714 Mail Service Center

bites WTP
Case No ,R-20
Decerabet '7, 2015
Page 4 of 5
Please
Raleigh North olina 27699-6714
'Telephone [phone] Facsinul (919) 733 478
AND
dsdelive a copy of the jtition
Gen al
I)ejk rtinent of 1 n iionrncit and 1atw
1601 Mail Serpee enter
Raleigh. North Uarulina 27699 1601
-ther s found on page one o
exirci,e oue of the opt ons ahoy
by an inteLnal date time
referred to the .7 0ltice for
be advised that ak1itiona1 penalties irmy be assed 1r
period of this assessment
you have an questions
mita
-eipt ot this
ek I)enardat 919- 07-6307.
!henna"
Water I
Regional Office. Water
?„-2015-0006
( entral 1 iles wlattachnients
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COUNTY OF GASTON
FATE OF NOR FEL LAROLINA DEPARIMENT 01 ENVIRONMENT
QUALITY
IN THE MATTER 01° ASSESSN ENT
OF CIVIL PENAI,TIES AGArNST
RANDY FERRELL,
FOREST MILLS MOBILE HOME EsTAITS W IP
PERMIT NO, NC 0080195
WAIVER OF RICHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FIIi. NO R-201 0006
-raving been assessed ciil penai1ic totaling $ 100.00 for
asssiiuiit document Voter Resources dated Novem
2, to seek remnion of tlie CB'11 penall>, dos hueby win
the above -stated matter and does t
The undersigned further understands that all e kkncc prese ted i
penalty must he subm the director of the Division of Wate
receipt of the notice of as oil. No new e1deI1Le in support of
after (30) days from the ieceipt of the notice of as .ssment.
the day of
ed in
support of i
sources withit
mission request
tionik
° 23, 2015, till
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unders d,
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erg document
n of this civil
(30) days of
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A DD S S
GNATURF,
1PHONE

JUS' CATION FOR REMISSIONREOUEST
DWQ Case Number: LIZ-2015-0006
County: Gaston
Assessed Entity: Randy Ferrill—Forest Hi 'le Home Estates WTP
Permit No.:
NC0080195
Amount Assessed: $1,100.00
Please use this form when .requesting remission of this civil penalty. You .must also complete the 'Request
For .Remission, tValver ofRig/it to an Administrative Hearing, and Stipulation of Facts." forin 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(e), 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).
E (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
.,c., explain the steps that you took to correct the violation andprevenifiiture 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:161),-
D (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 (ie., explain how payment ,of the civil penalty will pre -vent you from per:firming the activities
necessary to achieve compliance).
EXPLANATION:

Pat McCrory
Governor
North Carolina Department of Environmental Quality
December 7, 2015
CERTIFIED MAIL 7013 2630 0001 8998 3554
RETURN RECEIPT REQUESTED
Mr. Randy Fer , C/O AC fnvestment Properties
Forest Hills Mobile Home Estates N,
19124 N. ,Beatties Ford Rd.
Cornelius, NC 28031
Dear Mr. Ferrill:
TP
Donald R. van der Vaart
Secretary
R E E. r.',4 NCDFN
k1 0 0 R ES V I LI IF
PFCA orFire:
.1: Notice of Violation and Recom.mend ion
for Enforcement
Tracking #: NOV-2015-LR-0047
Randy Fertill-Forest Mobile Home Estates WTP
'NPDES Permit No,: NC0080195
Gaston Countv
A review of the Division of Water Resources (DWR) database which tracks the monthly ubmittal
of Discharge Monitoring Reports (DM„R's) revealed that the nJuly 2015 and August 2015.Discharge
Monitoring Reports (MR) have not been filed with the Division within the thirty (30) day reporting
period in accordance with the monitoring and reporting requirements contained in your NPDES permit.
The September 2015 was received late on December 2., 2015.
A Notice of Violation (NOV-20,15-LR-0035) was sent to you for thiiure to su.brint the October
2014„Ianuary 2015,.March 2015,.May 2015 and June 2015 DMRs no later than the t . irtieth (30th)
day following the reporting period. This notice was received by you on September 4, 2015..Within said.
Notice, you were informed that future reports not received within the required tim.eframe would result
in further enforcement actions.
An Assessment of Civil _Penalty for Viol ions of the Reporting Requirements 1-201.5-0005 or
amount of $600.00 was sent to you for failure to submit the July 2015.DMR. no later thanthe rt:e
(3011) day following the reporting period. This notice was received by you on October 5, 2015.
A Notice of Violation (NOV-20154R-0045) was sent to you for failure to subrnit the July 2015
and August 2015 DMRs no later than the thirtieth (304) day .followingthe reporting period, This notice
was received by you on October 1.0, 2015. Within said Notice, you were infbrined that future reports not
received within the required timeframe would result in further enforcement actions.
An Assessment of Civil Penalty for 'Violations of the Reporting Requirements R-2015-0005) for
amount of $1100..00 is being sent to you along with this notice for failure to submit the August 2015
DMR no later than the thirtieth (30th) day following the reporting period.
As of the date of this document, DWR has not received the July 2015 and August 2015 DMR,
1617 Mail' Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ Internet: hap://www,ncivalerquality.org/
AD Equal Opportunityl AffiTrnative Aclian Employer — Made in part by recycled paper

I\4r. errill
December 7, 7015
Page 2 of 2
This Notice of Violation(Nati e of Recommendation for Enforcement (NOV/NRE) is being issucd
late receipt of the September 2015 I)MR on December 2, 2015. Based upon the above facts, 1
conclude as a matter of law that Randy Ferrill- Forest Hills Mobile Home Estates WTE violated or
failed to act in accordance wit
emenis of NPDES Permit NC0080195 and G.S„ 143-215.65. A
civil penalty of not more 25,000,00 per violation may be assessed against a person who fails to
file, subnvit, or rnake aai1ab1e any documents, data, or repofis required by G.S. 143-215.65. The
State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S.
143 -282. 1(b) (8).
If you s\is
action, pieasc respc
it
additional inthrm
d oc tt in en t, DWR has not reeeive
Discharge Monitoring Reports are se
and you will be notified of any civ
response is received in this Office
11
919-807-6 07.
coneerntr
and prevent
ipt of tlus notices of the date of this
015 and August 2015. Please ensure that the missing
he Division. A review of your response will be considered
ay be assessed regarding t1iese violations. If no
the 10-day period, penaltyma be assessed.
asio
y merman,
Division of Water Resour
k Denard, Compliance & Expedited Perini
MR() WQR0 Files
NPDFS Files
Ceiitral F'
fin
mutaLt Ddrek Dena at

No
Pat McCrory
Governor
h Carolina Department of Environmental Quality
October 21, 2015
CERTIFIED MAIL 7013 2630 0001 8998 2878
RETURN RECEIPT REQUESTED
Mr. Randy Ferri11, C/O AC Investment .Properties
Forest Hills Mobile Home Estates WTP
19124 N. Beatties Ford Rd.
Cornelius, NC 2031,8
Subject:
Dear Mr. Ferrill:
Donald R. van der Vaart
Secretary
RmsivEmNeDeNRitivvR
NOV, 5 ZG15
vgQ° OS
MOORESVILLE REGIONAL OFFICC":
Notice of Violation and Recommendation
for Enforcement
Tracking #: NOV-2015-LR-0045
Randy Fen -ill -Forest Hills Mobile Fiome Fs
NPDES Permit No.: NC0080195
Gaston County
.es WTP
A review of the Division of Water Resources (DWR) database which tracks the monthly submittal.
of Discharge Monitoring Reports (DMR's) revealed that the July 2015 and August 2015 Discharge
Monitoring Report (DMR) was not filed with the Division within the thirty (30) day reporting period.
in accordance with the monitoring and reporting requirements contained in your NPDES permit. A
Notice of 'Violation. (NOV-2015-LR-0035) was sent to you for failure to submit the October 2014,
January 2015, March 2015, May 2015 and june 2015 DMRs no later than the thirtieth (30'1') day
following the reporting period. This notice was received by you on September 4, 2015. Within said.
Notice, you were informed that future reports not received within the required timeframe would result
in further enforcement actions.
An Assessment of Civil Penalty for Violations of the Reporting Requirements (LR-2015-0005) for
amount of $600.,00 was sent to you for failure to submit the July 2015 DMR no later than the thirtieth
(301h) day following the reporting period. This notice was received by you on October 5, 2015,.As of
the date of this document, DWR has not receivedthe July .20.15 WAR
This Notice of Violation/Notice of Recommendation for Enforcem.ent (NOVINRE) is being issued.
for the July 2015 and August 2015 failure to submit violations. Based upon the above facts, I conclude
as a matter of law that Randy Eerrill- Forest .11111s Mobile Home Estates WTP violated or failed to act in
accordance with the requirements of .NPDES Permit NC0080195 and G.S. .1.43-215.65. A civil penalty
of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or
make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement
costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143-282,I(b) (8).
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet, http://wwwmcvvaterqual4,orgi
An Equal Oppiodunity "i Affirmative Action Employer - Made in part by recycled paper

Mr. Ferri]]
October 21, 2015
Page 2 of 2
fl you wish to provide additional information regarding the noted violations and prevent further
action, please respond in writing within ten (10) days of receipt of this notice. As of the date of this
document, DWR has not received the July 2015 and August 2015 OMR& Please ensure that the
missing Discharge Monitoring Reports are sent in to tile Division. A review of your response will be
considered and you Win be notified of any civil penalties that may be assessed regarding these
violations. If no response is received in this Office within the 10-day period, a civil penalty may be
assessed,
If you have questions concerning this matter, please do not hesitate to contact Derek Dewily] at
919-807-6307.
oi
Sincerely,
41 21420
XI Jay Zi M 111 errnarn Director
Division of Water Resources
cc: Derek Denard. Compliance & Expedited Permitting Unit
MR0 WQRO Files,
NPDES Files
Central files