NC0071528_LV-2022-0288 Remission (Request)_20221214

December 13, 2022
Mr. Wes Bell
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
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 No. NC0071528
Lake Norman Woods Homeowners Association
Lake Norman Woods WWTP
Case No. LV-2022-0288
Catawba County
Mr. Bell,
Thank you for allowing the Lake Norman Woods HOA the opportunity to respond to the following Notice of
Violation dated November 2, 2022. This response pertains to the (5) NH3N daily maximum exceedances and (1)
BOD daily maximum exceedance event that occurred during the August 2022 monitoring period.
Several NH3N exceedances were observed in August due to insufficient aeration attributable to several
complications at the plant; including the condition of the manifold at the aeration basin, the diffusers and diffuser
piping, and the returns and skimmers. As a result of these factors, the plant's operations were adversely affected at
the time that these violations occurred. Remediation measures include the use of a temporary header, and the
replacement of returns, skimmers, diffusers, and diffuser pipes. We plan to completely replace the manifold with
4" galvanized steel within the next six months in order to prevent future violations.
It is always the goal of the Lake Norman Woods HOA to remain in compliance with regulations set forth by the
Division of Water Resources. It is our request that our cooperation and action in these matters be taken into
account by the Division when proceeding with enforcement.
Sincerely,
P g /le-ua
Dale Norman
Lake Norman Woods HOA
CC:
Todd Robinson, Envirolink, Inc.
David McDaniel, Envirolink, Inc.

JUSTIFICATION FOR REMISSION REOUEST
Case Number: LV-2022-0288
Assessed Party: Lake Norman Woods Homeowners Association
Permit No.: NC0071528
County: Catawba
Amount Assessed: $1,400.53
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 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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
X (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);
X (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:
Several NH3N exceedances were observed in August due to insufficient aeration attributable to several complications at the plant;
including the condition of the manifold at the aeration basin, the diffusers and diffuser piping, and the returns and skimmers. As a
result of these factors, the plant's operations were adversely affected at the time that these violations occurred. Remediation
measures include the use of a temporary header, and the replacement of returns, skimmers, diffusers, and diffuser pipes. We plan
to completely replace the manifold with 4" galvanized steel within the next six months in order to prevent future violations. This is
a very expensive repair for the Subdivision and we appreciate the Division's understanding as we work to make the needed
updates to the facility.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Lake Norman Woods Homeowners Association
Lake Norman Woods WWTP
PERMIT NO. NC0071528
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2022-0288
Having been assessed civil penalties totaling $1,400.53 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated November 2, 2022, 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 14th day of December , 2022
SIGNATURE
ADDRESS
Lake Norman Woods HOA
PO Box 321
Sherrills Ford, NC 28673
Attn: Dale Norman
TELEPHONE
336 972-3212

ATTACHMENT A
Lake Norman Woods Homeowners Association
CASE NUMBER: LV-2022-0288
PERMIT: NC0071528
FACILITY: Lake Norman Woods WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Mooresville
COUNTY: Catawba
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
8/3/2022 8-2022 BOD, 5-Day (20 Deg. Weekly mg/I 22.50 35 55.6 Daily $175.00
C) - Concentration Maximum
Exceeded
8/3/2022 8-2022 Nitrogen, Ammonia Weekly mg/I 20 21.06 5.3 Daily
Total (as N) - Maximum
Concentration Exceeded
8/9/2022 8-2022 Nitrogen, Ammonia Weekly mg/I 20 24.75 23.8 Daily
Total (as N) - Maximum
Concentration Exceeded
$125.00
$125.00
8/15/2022 8-2022 Nitrogen, Ammonia Weekly mg/I 20 22.62 13.1 Daily
Total (as N) - Maximum
Concentration Exceeded
$125.00
8/19/2022 8-2022 Nitrogen, Ammonia Weekly mg/I 20 21.17 5.8 Daily
Total (as N) - Maximum
Concentration Exceeded
$125.00
8/31/2022 8-2022 Nitrogen, Ammonia Weekly mg/I 4 19.74 393.4 Monthly
Total (as N) - Average
Concentration Exceeded
$562.50