NC0071528_Remission (Request)_20230227

February 20, 2023
Mr. Andrew H. Pitner, P. G., Assistant Regional Supervisor
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 WW Permit No. NC0071528
Lake Norman Woods Homeowners Association
Lake Norman Woods WWTP
Case No. LV-2023-0004
Catawba County
Mr. Pitner,
Thank you for allowing the Lake Norman Woods HOA the opportunity to respond to the Notice of Violation,
dated January 6, 2023; received January 27, 2023. This response pertains to (1) BOD monthly average
exceedance and (1) NH3N monthly average exceedance that occurred during the October 2022 monitoring period.
These exceedances were caused by various plant components being intermittently down for repair, which
adversely affected the plant's operations at the time that these violations occurred. In particular, issues with the
blowers and the air manifold negatively impacted the plant's treatment capabilities while the plant was
undergoing rehabilitation. The plant was re -seeded on October 171}i, which required a short adjustment period until
it could take full effect. The overall impact of the above factors contributed to sample results that exceeded the
monthly average, however, there were no daily maximum exceedance events that occurred during this period.
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,
Z�)a& �Xl A44�
Dale Norman
Lake Norman Woods HOA
CC:
Todd Robinson, Envirolink, Inc.
David McDaniel, Envirolink, Inc.

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0004 County: Catawba
Assessed Party: Lake Norman Woods Homeowners Association
Permit No.: NCO071528 Amount Assessed: $l .038.03
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. § 14313-282. 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. 14313-282. 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:
These exceedances were caused by various plant components being intermittently down for repair, which adversely affected the plant's
operations at the time that these violations occurred. In particular, issues with the blowers and the air manifold negatively impacted the
plant's treatment capabilities while the plant was undergoing rehabilitation. The plant was re -seeded on October 17th, which required a
short adjustment period until it could take full effect. The overall impact of the above factors contributed to sample results that
exceeded the monthly average, however, there were no daily maximum exceedance events that occurred during this period.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Lake Norman Woods Homeowners Association )
Lake Norman Woods WWTP 1
PERMIT NO. NCO071528 ) CASE NO. LV-2023-0004
Having been assessed civil penalties totaling S 1,038.03 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 6.2023, 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 27 day of February , 20 23
Z�)aA �//
RM 1f L :�I1tl t,
ADDRESS
Lake Norman Woods HOA
Box 321
Sherrills Ford, NC 28673
TELEPHONE
336 972-3212