NC0060283_Remissions Request TX-2022-0001_20220120

RECEIVED
JAN 2 6 2022 RIDGEVIEW COMMUNITY
Water sciences section 932 HENDERSONVILLE ROAD,
SUITE 201
ASHEVILLE, NC 28803
January 20, 2022
Water Sciences Section
Division of Water Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1617
In regard to the Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6)
for Ridge View Community, we request remission of this civil penalty. Ridge View along with
our Environmental Maintenance company,Trevco of Hendersonville, utilized every resource
that we were aware of to remedy this situation. We began with the testing above the chlorine
and dechlor feeders for toxicity and found an oxidizer that is not being added by the owner or
operator. We followed this with the operator and staff doing door to door informational
interviews to clarify what residents were using in their homes as well as educating them on
which products were acceptable to use. Three paper notifications over and above the normal
quarterly letters,were distributed informing residents of products that are safe to use and ones
that are absolutely not acceptable. We worked closely with ETS Inc., a local environmental
testing lab to identify the oxidizer. A head wall was installed in the receiving stream to address
inflow into the system. All septic tanks have been pumped and cleaned out one time and we
pumped the tank between 5 and 7 (Impala Trail)two times as we were following a possible lead
as to the source of the issue. Organics and inorganics samples have been taken from two
suspect tanks before pumping. Jim at ETS had us sample all fourteen septic tanks prior to
pumping to look for the oxidizer. A DPD test for chlorine was run on the creek and ground water
that was dug up in an exploratory hole in the center of the park and was found to be absent for
chlorine.
We have conducted additional (not required)Toxicity sampling above the chlorine and dechlor
tablet feeders which also failed. We isolated the tank between 5 and 7(Impala Trail)from the
effluent by pumping the septic tank and still did not pass.This septic had the highest#of
organics and inorganics of the tested tanks in the park.
We contacted and attempted to hire Forrest Westall with McGill and Associates, a local
engineering and consulting company, to help us determine our next step. He was very helpful

and allowed the operator to relay the problems and ask questions. Mr.Westall did not see an
engineering solution to our problem. Information was supplied by Hach (DPD test)to suggest
other oxidizers that can act like chlorine in their test. Norweco, (chlorine and dechlor) was
contacted by the operator for assurance that their chemicals were not over strength.
We have made it a top priority to eliminate the toxin in order to protect the environment. We
have funded this search in every direction that we could think of. We hope that our continuous
effort to resolve this issue will allow you to consider our request for remission of the civil
penalty in this matter.
The RidgeView Community park has been subsequently sold by George Morosani as of
December 22, 2021 to RHP Properties. A contact at RHP is Robert Gross. He may be reached
by email at [e-mail] or by phone at [phone] or by cell phone at [phone].
Ridge View Community

RECEIVED
DocuSign Envelope ID:B9F50786-7481-4672-BDBE-A340EC06983E
JAN 2 6 2022
Water Sciences Section
JUSTIFICATION FOR REMISSION REQUEST
Case Number: TX-2022-0001 County: Buncombe
Assessed Party: Ridge View Community, LLC
Permit No. (if applicable): NC0060283 Amount Assessed: 5 3,073.88
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
I 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(bY were
wrongUly applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
V (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:

DocuSign Envelope ID:B9F50786-7481-4672-BD8E-A340ECD6983E
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINISTRATIVE HEARING AND
STIPULATION OF FACTS
RIDGE VIEW COMMUNITY,LLC )
NPDES PERMIT NO. NCO060283 ) CASE NO. TX-2022-0001
Having been assessed civil penalties totaling $3,073.88 for violation(s) as set forth in the assessment document
of the Director of the Division of Water Resources dated January 13, 2022, the undersigned, desiring to seek
remission of the civil penalties, 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 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 ;�m 20 a;
SIGNATURE
ADDRESS
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TELEPHONE
RECEIVED
JAN 2 6 2022
Water Sciences Section