20011381 Ver 1_Enforcement Package_20000504

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
May 4, 2000
MEMORANDUM
TO Coleen Sullins, WQ Section Chief
Division of Water Quality
FROM Jennifer Frye, WQ -WSRO
THROUGH Larry D Coble, Supervisor-- -
WQ-WSRO
SUBJECT Enforcement Package and Recommendation
Stream Standard Violations
SS 00 006
PTR, Inc.
Forsyth County
This enforcement recommendation is a result of the following investigation findings PTR, Inc
culverted approximately 1510 linear feet of Leak Fork Creek and an unnamed tributary to Leak Fork Creek,
Class "C" waters, Yadkin -Pee Dee River Basin This impact occurred prior to securing the appropriate 404
permits from the U S Army Corps of Engineers and a 401 Water Quality Certification from the Division of
Water Quality
Site inspections by DWQ staff on November 4, 1998, December 7, 1998, March 15, 2000, and
April 7, 2000 confirmed that Leak Fork Creek and an unnamed tributary had been culverted and filled
without benefit of the appropriate 401 Water Quality certification Accordingly, best usage, which includes
aquatic life propagation and biological integrity, wildlife, and secondary recreation, had been removed
because the stream has been illegally removed
It is therefore the recommendation of the Winston -Salem Regional Office that PTR, Inc be
assessed civil penalties in accordance with NCGS 143 -215 6A It is also recommended that enforcement
cost incurred during the investigation be recovered in the amount of $ 1592 28 If you have any questions
concerning this report, please advise
Attached are the following for your consideration
1 Two copies of the Findings and Decision and Assessment of Civil Penalties detailing the violation
2 Two copies of the Enforcement Case Assessment Factors document
3 Photographs
4 One computer disk with electronic copies of #1 and #2 above
5 Copies of all correspondence between DWQ and PTR, Inc and other pertinent documentation
cc Danny Smith, Central 401/Wetlands Unit
WSRO_
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
Rocky Carter
PO Box 1037
Kernersville, North Carolina 27285
Dear Mr Carter
1 •
NCDENR!111-
CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 22, 2000 R E C E l V ED
N.C. Dept. of EMR
SEP - 1 2000
Winston -Salem
Reg:onai Office
SUBJECT Assessment of Civil Penalties
for Violations of 15A NCAC
2B 0211 (2) & 15 A NCAC
2H 0501
ForsythCounty
File No SS 00 -006
This letter transmits notice of a civil penalty assessed against PTR, Inc in the amount of
S10,592 28 including $1592 28 in investigative costs Attached is a copy of the assessment
document explaining this penalty
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty
Within thirty days of receipt of this notice, you must do one of the following
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form)
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violations)
Mailing Address Telephone [phone] Location
1617 Mail Service Center Fax [phone] N Salisbury St
Raleigh, North Carolina 27699 -1617 State Courier #52 -01 -01 Raleigh, NC 27699 -1617
An Equal Opportunity /Affirmative Action Emploi er
50% i ecycled / 10% post- consumer paper
http 11h2o enr state nc us

J
Please submit payment to the attention of-
Ms. Coleen Sullins
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is linuted to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an adnnistrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether
(a) one or more of the civil penalty assessment factors in G S. 143B -282 1(b)
were wrongfully applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident,
(d) the violator had been assessed civil penalties for any previous violations,
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of-
Mr Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699 -1671
••
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes You must file your original petition
with the.

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699 -6714
AND r
Mail or hand - deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699 -1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at (919) 733 -5083, ext. 539 or
Mr. Jeff Poupart at (919) 733 -5083, ext. 527.
Sincerely,
Kerr T. Stevens
ATTACi LVIENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments v
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF FORSYTH
r�
File No SS -00 -006
IN THE MATTER OF )
PTR, INC )
FINDINGS AND DECISION
FOR VIOLATION OF ) AND ASSESSMENT OF
15A NCAC 2B 0211 (2) & ) CIVIL PENALTIES
15A NCAC 2H 0501 (b) )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T Stevens, Director of the Division of
Water Quality (DWQ), make the following
I FINDINGS OF FACT•
A PTR, Inc is a corporation organized and existing under the laws of the
State of North Carolina
B PTR, Inc is the owner and developer of the tract known as the PTR,
Inc /Larry's Homes located at 4060 North Patterson Avenue, Winston -
Salem, Forsyth County
C PTR, Inc. culverted and filled 850 linear feet of Leak Fork Creek and 660
linear feet of an unnamed tributary of Leak Fork Creek, of the Yadkin -Pee
Dee River Basin
D The discharge of fill material (culvert and soil) occurred without benefit
of a North Carolina 401 Water Quality Certification
E No application for a 401 Certification was received until February 4, 1999
F The U S Army Corps of Engineers issued a Notification of Unauthorized
Activity to PTR, Inc on February 3, 1999 for the excavating, culverting
and filling of Leak Fork and the unnamed tributary

G DWQ inspected the site on November 7, 1998, December 15, 1998, March
15, 2000 and April 7, 2000 and observed that Leak Fork Creek and the
unnamed tributary had been filled and culverted
H The Division of Water Quality sent a Notice of Violation and
Recommendation for Enforcement to PTR, Inc on February 18, 2000 fox,
the unauthorized actiNLity
I PTR, Inc removed the best usage of 1510 linear feet of Leak Fork and the
unnamed tributary `
J Leak Fork and the unnamed tributary are located on the PTR, Inc /Larry's
Homes property and are classified as "C" waters
K The costs to the State of the enforcement procedures in this matter totaled
$159228
Based upon the above Findings of Fact, I make the following
II CONCLUSIONS OF LAW
A PTR, Inc is a "person" within the meaning of G S 143 -215 6 pursuant to
G S 143- 212(4)
B Leak Fork Creek and the unnamed tributary are located along a tract
known as PTR, Inc /Larry's Homes and constitutes waters of the State
within the meaning of G S 143- 212(6)
C PTR, Inc violated 15A NCAC 2B 0211 (2) by culverting and placing
backfill material in a stream such that usage of surface waters was
removed
D PTR, Inc violated 15A NCAC 2H 0501 (b) by culverting and placing
backfill material into a stream without benefit of a North Carolina 401
Water Quality Certification
E The State's enforcement costs in this matter may be assessed against PTR,
Inc pursuant to G S. 143 -215 3(a)(9) and G S 143B -282 1(b)(8)
F The Director, Division of Water Quality, pursuant to delegation provided
by the Secretary of the Department of Environment and Natural
Resources, has the authority to assess civil penalties in this matter

Based upon the above Findings of Fact and Conclusions of Law, I make the following
III DECISION
Accordingly, PTR, Inc is hereby assessed a civil penalty of
!N.
$ S O o o for violation of 15A NCAC 2B 0211 (2) by
removal of surface water usage
$ 159228
$ kO, Satz .Z43
for violation of 15A NCAC 2H 0501(b) for
failure to secure a Water Quality 401
Certification
TOTAL CIVIL PENALTY, which is
4_ percent of the maximum penalty
authorized by G S 143- 215.6A
Enforcement costs
TOTAL AMOUNT DUE
As required by G S 143 -215 6A(c), in determining the amount of the penalty I
have considered the factors listed in G S 14313-282 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,
(8) The cost to the State of the enforcement procedures
8,-2-2--00 ��.
(Date) Kerr T Stevens, Director
Division of Water Quality

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