NC0070033_LV20140122_20140930

ICDE�IR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 30, 2014
CERTIFIED MAIL #70111570 0001 8546 3825
RETURN RECEIPT REQUESTED
John E. Skvarla, III
Secretary
RECEIVED /DENR/DWR
Mr. Rodney R Sides
Frog Level Industries Inc
P.O. Box 208
Lewisville, NC 270230208
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143- 215.1(a)(6)
and NPDES Permit NCO070033
Frog Level Industries Inc
Quail Run Mobile Home Park
Case No. LV- 2014 -0122
Davidson County
Dear Mr. Sides:
OCT 0 3 2014
Water Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $388.47 ($250.00 civil penalty +
$138.47 enforcement costs) against Quail Run Mobile Home Park.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Quail Run Mobile Home Park for the month of April 2014. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0070033. The violations,
which occurred in April 2014, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Quail Run Mobile Home Park violated the terms,
conditions or requirements of NPDES Permit NCO070033 and G.S. 143- 215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance 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 Environment and Natural Resources and the Director of the Division of Water Resources, I, W. Corey
Basinger, Water Quality Regional Operations Supervisor for the Winston -Salem Region, hereby make the following civil penalty
assessment against Quail Run Mobile Home Park:
250.00
1 of the 1 violations of G.S. 143- 215.1(a)(6) andNPDES Permit No. NC0070033,
by discharging waste water into the waters of the State in violation of the Permit
Monthly Average limit for NH3 -N - Conc.
$250.00
TOTAL CIVIL PENALTY
$138.47
Enforcement Costs
$388.47
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. 143B-282. I (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;
585 Waughtown St., Winston - Salem, NC 27107
Phone: 336 - 771 -50001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper

(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 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 violation(s). Please submit
payment to the attention of
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
OR
2. Submit a written request for remission 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 should be remitted, and submit it to the
Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the
following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B- 282.1(b) were wrongfully applied to the
detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; 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 of 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, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee 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 complete 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, 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:
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699 -1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:

If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing.
You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of
Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the
Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday
through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for 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. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone [phone] Facsimile: (919) 431 -3100
A copy of the petition must also be served on DENR as follows:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date /time
received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the
penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment.
If you have any questions, please contact Jenifer Carter of the Winston -Salem Regional Office at 336 - 771 -4957.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, DENR
attachments
cc: WSRO Files w /attachments
PWS Central Files w /attachments
PSB- DES — Charles Weaver

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Davidson
Frog Level Industries Inc
REQUEST FOR REMISSION
IN THE MATTER OF ASSESSMENT
) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
) ADMINSTRATIVE HEARING AND
Quail Run Mobile Home Park
) STIPULATION OF FACTS
PERMIT NO. NCO070033 ) FILE NO. LV- 2014 -0122
Having been assessed civil penalties totaling $388.47 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated 9/30/2014, 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 day of 220
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV- 2014 -0122 County: Davidson
Assessed Party: Frog Level Industries Inc, Quail Run Mobile Home Park
Permit No. (if applicable): NC0070033 Amount Assessed: $388.47
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. § 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(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 pyment 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:

STATE OF NORTH CAROLINA
COUNTY OF DAVIDSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
QUAIL RUN MOBILE HOME PARK
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LV- 2014 -0122
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following
statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity
at quasi-judicial hearings or proceedings is Iimited to lawyers who are active members of the bar. Proceedings before the
Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light
of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental
entity. If you or your representative would like to speak before the Committee, you must complete and return this form within
thirty (30) days of receipt of this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.nebar.com/ethics, Authorized Practice Advisory Opinion 2006 -1 and 2007 Formal
Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then
you do not need legal representation before the Committee; however, if you intend on having another individual speak on your
behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in
order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without
a license if he or she is not a licensed attorney. Presentation of facts by non - lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request
form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for
corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the
unauthorized practice of law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
_Committee is informed that a violation of the State Bar occurs.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

Violator:
County:
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Ouail Run Mobile Home Park
Davidson
Case Number: LV- 2014 -0122
ASSESSMENT FACTORS
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;
Damage is considered to be minimal.
2) The duration and gravity of the violation;
The gravity of the violation(s) is moderately significant.
3) The effect on ground or surface water quantity or quality or on air quality;
The effects on surface waters are unknown.
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
It is believed that the violations were neither willful nor intentional.
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
Notices of violation were issued for a monthly ammonia limit in April 2013, and for a daily fecal limit violation in
December 2013.
8) The cost to the State of the enforcement procedures.
$138.47
Date W. Corey B inger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NC DENR

PERMIT: NCO070033
Limit Violations
ATTACHMENTA
Frog Level Industries Inc
CASE NUMBER: LV -2014 -0122
FACILITY: Quail Run Mobile Home Park COUNTY: Davidson
REGION: Winston -Salem
MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 4 -2014 001 Fffluont NH3.N - Cvnc 4130;14 2 X month rngA 6.90 1150 66.5 Monthly Average Exceeded