NC0034711_Remission Request (LV-2021-0197)_20210819

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RECEIVED
JUSTIFICATION FOR REMISSION REQUEST AUG 1 9 2021
Case Number: LV-2021-0197 County: Cabarr*CDEQ/DWR/NPDES
Assessed Party: Athena Cedar LLC
Permit No.: NC003471 I Amount Assessed: $315.76
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. § I43B-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. I43B-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 future 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:
We have been diligently pursuing the replacement of the WWTP at Cedar Park Estates mobile home park.Please see
attached documentation. This project has been extremely expensive,over S250,000 and counting,and took longer than
expected due to circumstances beyond our control. We finally got the system cut over to the town of Harrisburg
municipal sewer system on August 10th so there will no longer be any flow from the plant.
Unfortunately,during the sewer connection project,we ran into several problems with the WWTP that we tried our
best to rectify. I've attached two invoices for expenses incurred in keeping the WWTP operational and in compliance
until the project was complete.
Considering the circumstances,we respectfully request a waiver of the civil penalty.
Thank you for your consideration and we appreciate your patience.

If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at(707)235-2204 or via email at roberto.schcller('ncdenr.gov.
Sincerely,
DocuSgnet by
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F 161 F B69A2O84A3
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

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Athena Cedar LLC )
Cedar Park Estates WWTP )
)
PERMIT NO.NC0034711 ) CASE NO. LV-2021-0197
Having been assessed civil penalties totaling$315.76 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated July 22,2021,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 the \11b day of C G-\JST ,20 Z 1
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ADDRESS
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RECEIVED TELEPHONE
9 2021
NCDEQIDWRINPDES

ATTACHMENT A
Athena Cedar LLC
CASE NUMBER: LV-2021-0197
PERMIT: NC0034711 REGION: Mooresville
FACILITY: Cedar Park Estates WWTP COUNTY: Cabarrus
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
%Over Violation Report Unit Violation of Limit CalculatedO ePenalty
Date Month/Yr. Parameter Frequency Measure Value Value Limit Type Amount
4/6/2021 4-2021 BOD, 5-Day(20 Deg. Weekly mg/I 45 48 6.7 Daily $0.00
C) Concentration Maximum
Exceeded
4/12/2021 4-2021 Colifomi, Fecal MF, Weekly #/100m1 400 600 50.0 Daily $100.00
MFC Broth,44.5 C Maximum
Exceeded
4/12/2021 4-2021 Nitrogen,Ammonia 2 X month mg/I 35 41 17.1 Daily $0.00
Total(as N)- Maximum
Concentration Exceeded
4/6/2021 4-2021 Solids, Total Weekly mg/I 45 73 62.2 Daily $100.00
Suspended- Maximum
Concentration Exceeded