NC0036935_Compliance_20200429

WDES DOCUWENT SCANNINO COVER SHEET
NPDES Permit:
NC0036935
Pine Mountain Lakes WWTP
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Compliance
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
Aril 29, 2020
This document is printed on reuse paper - ignore any
content on the resrerse side

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 6, 2020
CERTIFIED MAIL ITEM 7015 0640 0007 9833 6025 - RETURN RECEIPT REQUESTED
Ms. Edie Stitt
Pine Mountain POA, Inc.
2885 Pine Mountain Drive
Connelly Springs, NC 28612
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Pine Mountain Lakes WWTP
Permit NCO036935
Case LV-2020-0014
Burke County
Dear Ms. Stitt:
I have considered the information you submitted in support of a request for remission in the
subject case. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the
original civil penalty assessment which totals $1.086.45.
If you choose to pay the penalties, send payment to the letterhead address within thirty (30) days
of receipt of this letter. Please make the check[s] payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (0, your requests for remission of the civil penalties (with supporting documents) and
my recommendation to deny the requests will be delivered to the North Carolina Environmental
Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final
agency decision.
If you desire to make an oral presentation to the Committee on why your requests for remission
meet one or more of the five statutory factors you were asked to address, you must complete and
return the attached forms within thirty (30) days of receipt of this letter. Please mail the
completed forms ito:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your request for remission will be
made by the Committee based on the written record.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.7D7900Qi orth Carolina

NCO036935 Remission Decision
Page 2 of 3
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
cc: NPDES file
■ Complete Items 1, 2, and 3.
■ print yourili and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Pine Mountain PDA, Inc.
Attn: Edie Stitt
2885 Pine Mountain Drive
Connelly Springs, NC 28612
9590 9402 3950 8060 9864 37
XW,
//407
�r S. Daniel Smith
Director, Division of Water Resources
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D. Is delivery address different from item 17 ❑ Yes
If YES, enter delivery address below. ❑ No
7015 0640 0007 9833 6025
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❑ Priority Mail E%P=59
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❑ Registered MajlTM
Adult Signature Restricted Delivery
❑ Reegglatered Mall Restdded
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Certified Mail ResWcled Delivery
❑ Ratum Receipt for
collect on Delivery
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❑ Signature Conflrmadon
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❑ Signature Confirmation
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PS Form 3811, July 2015 PSN 7530-02-000-9053 f V-;4,0.- 66 jy Domestic Return Receipt

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0014 Region: Asheville County: Burke
Assessed Entity: Pine Mountain Lakes WWTP Permit: NCO036935
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Perminee States: Break in W WTP influent line le to excessive infiltration, causing fecal violation.
Problem was resolved by the end of the month.
DWR Response: Proper O&M would have prevented this violation.
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $ e r D 1/ (enter amount)
Partial Remission ❑ % or $ 6,00 (amount remitted)
Subtotal $_V
Retaining Enforcement Costs $t(1
Total Revised Assess ra / $ M ZL5l2
aniel Smith Date

January 24, 2020
Pine Mountain POA, Inc.
2885 Pine Mountain Drive,
Connelly Springs, NC 28612 �EivE®
Phone [phone] RE
Fax [phone]
Mr. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
2090 U.S. Hwy. 70
Asheville, NC 28778
Subject: Remission Request
NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Case No.:LV-2020-0014
W WTP Permit No.: NCO03693S
Pine Mountain Property Owners Association
Pine Mountain Lakes WWTP
Dear Mr. Davidson,
FEB 0 4 2020
NGDEQIDWRINPDES
Pine Mountain Property Owners Association appreciates the opportunity to respond to the Notice of
Violation and Civil Penalty issued on January 09, 2020. Please find enclosed our remission request
regarding the permit exceedances for Fecal Coliform for the month of September 2019.
The exceedance of Fecal Coliform during the month of September was due to a break on the
influent line leading to the plant allowing excessive infiltration. The limited hold time in the
chlorine contract chamber is not sufficient to neutralize the bacteria. In addition to lacking one
of the sludge returns, resulted in improper circulation and treatment within the plant. This
depleted the chlorine residual causing a spike in the Fecal results. Fortunately lack of rain
toward the end of the month resulted in lower flows that were treatable. This issue has since
been resolved.
We understand the reasons for the Civil Penalty Assessment but respectfully request the Division
consider remission of the civil penalty due to the fact the non-compliance was outside of the Operator's
control. The Operator quickly acknowledged there was an issue, responded to the non-compliance, and
promptly returned the treatment plant to a compliant status.
Please do not hesitate to contact me at 828-390-9131 if we can be of further assistance or if additional
information is needed.
Sincerely,
cCAt�Svvt
Edie Stitt
Pine Mountain Property Owners Association
Cc: John Mullis, Envirolink, Inc.
Bekki Manning, Envirolink, Inc.
Trish Bryan, Envirolink, Inc.
Robert Rowe, Envirolink, Inc.

Weaver, Charles
From:
Davidson, Landon
Sent:
Monday, March 2, 2020 3:38 PM
To:
Sugg, Celeste
Cc:
Hennessy, John; Zimmerman, Jay; Weaver, Charles
Subject:
RE:03/05/2020 CPRM
Celeste,
ARO has recommended no remission on our cases. Due to this fact plus our high number of vacant positions (5) coupled
with other priorities, we do not plan to attend the call. As previously discussed, if CO disagrees with ARO's remission
recommendation, we will gladly participate on the call to work through the remission request; please let me know if this
is the case.
Regards,
Landon
G. Landon Davidson, P.G.
Regional Supervisor —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson (ancdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Subscribe to Collection Svstem & Sewer Permitting Updates
NC DEQ permits handbook
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Sugg, Celeste
Sent: Monday, March 2, 202010:20 AM
To: Allen, Trent <[e-mail]>; Basinger, Corey <[e-mail]>; Pitner, Andrew
<[e-mail]>; Bennett, Bradley <[e-mail]>; Carpenter, Sydney
<[e-mail]>; Corporon, Joe <[e-mail]>; Davidson, Landon
<[e-mail]>; Wiggs, Linda <[e-mail]>; DelDuco, Emily
< Emily. Del [e-mail]>; Denard, Derek <[e-mail]>; Graznak, Jenny
<[e-mail]>; Boone, Ron <[e-mail]>; Haupt, Mac <[e-mail]>; Heim, Tim
<[e-mail]>; Kabat, Ashley M <ashley. [e-mail]>; King, Morella s <morella.sanchez-
[e-mail]>; Hunkele, Dean <[e-mail]>; Litzenberger, Kristin S
<[e-mail]>; Lloyd, Chloe D <[e-mail]>; Maher, Niki <[e-mail]>;
May, David <[e-mail]>; Phillips, Emily <Emily.Phi [[e-mail]>; Saunders, Erickson G
<[e-mail]>; Snider, Lon <[e-mail]>; Sugg, Celeste <[e-mail]>;
Tankard, Robert <[e-mail]>; Sullivan, Shelton <[e-mail]>; Thornburg, Nathaniel
<[e-mail]>; Grzyb, Julie <[e-mail]>; Vinson, Scott <[e-mail]>;
Weaver, Charles <[e-mail]>; Wojoski, Paul A <[e-mail]>; Manuel, Vanessa
<[e-mail]>; Brantley, Mark <[e-mail]>; Turlington, Chad

DocuSign Envelope tD: 42ADASF2-701943A4981465SS1ESSC25E
STATE OF NORTH CAROLINA
COUNTY OF B(JRKE
IN'THE MATTER OF ASSESSMENT
OF CIVIL. PENALTIES AGAINST
Pine Mountain Property Owners Assoc
Pine Mountain Lakes %VWTP
PERMIT NO. NCO036935
DEPARTMENT OF ENVIRONMENTAL QUALITY
i WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
S'TIPULA'r[ON OF FACTS
CASENO. LV-d02 -(Jvir'
Having been assessed civil penalties totaling S I 0 6.¢5 for violationis) as set forth in the assessment document of the
Division of Water Resources dated Januan 04. the undersigned, desiring to seek remission of the civil penalty, dues
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate chat the facts are as
alle);ed 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 entice of assessment No new evidence in support of a remission request will he allowed after (30) days
hunt the receipt of the notice of assessment
This die _tit —_ — _ day of 1 ] call �. z0 GCS
.16NATURL
RECEIVED AUDRL55
FEB 0 4 2020 7ZU�3 _ `1n,_'_A41y1.t+!
NNEOIDWRODES nP. IL�-_c l.►o N_C.__ ._
rFt.L'PIION F_
_ jz 4 143 -1 48 q ,9 —.----

DccuSign`Envelope ID. 42ADA5F2-7D4"3A9-8319-85MIE85C25E
JUSTIFICATION FOR RE,l1+ILSSI0N REQUEST
Case Number: LV-2020-0014 County: Burke
Assessed Party: Pine Mountain Property Owners Assoc
Amount Assessed: I$ ,08b.45
Permit No.: NCO036935
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 Farts" 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 addi I
onal pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. I(b) were wrongfully applied to the
detriment of the peg titioner (the assessment factors are listed in the civil penalty assessment document);
'I
(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 (l.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance! -
EXPLANATION: