NC0071528_Remission (Request) LV-2023-0088_20230417

April 14, 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 Permit No. NC0071528
Lake Norman Woods Homeowners Association
Lake Norman Woods WWTP
Case No. LV-2023-0088
Catawba County
Mr. Pitner,
Thank you for allowing the Lake Norman Woods HOA the opportunity to respond to the Notice of Violation
dated March 16, 2023; received March 20, 2023. This response pertains to the (2) BOD daily maximum
exceedances and subsequent monthly average exceedance, and (1) Ammonia Nitrogen average exceedance that
occurred during the December 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. Complications with the blowers
resulted in challenges in the plant receiving enough air. This impacted the biological life in the plant, which
inhibited the plant's treatment capabilities. In response to this, operators re -seeded the plant on December 13. In
the interim, operators have conducted manipulation of the blowers on an as -needed basis to ensure that they are
operating adequately while the plant continues to undergo rehabilitation. As of March, 2023, all compliance
samples received have been well under permit limits. At this time, the HOA is gathering funds to pursue
permanent upgrades to the facility with a new contractor.
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�)at4z, f </ x42
Dale Norman
Lake Norman Woods HOA
CC:
Todd Robinson, Envirolink, Inc.
David McDaniel, Envirolink, Inc.

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0088 County: Catawba
Assessed Party: Lake Norman Woods Homeowners Association
Permit No.: NC0071528 Amount Assessed: $2.233.03
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. § 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. 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;
X (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. Complications with the blowers resulted in challenges in the plant receiving enough
air. This impacted the biological life in the plant, which inhibited the plant's treatment capabilities. In response to this, operators re-
seeded the plant on December 13. In the interim, operators have conducted manipulation of the blowers on an as -needed basis to ensure
that they are operating adequately while the plant continues to undergo rehabilitation. As of March, 2023, all compliance samples
received have been well under permit limits. At this time, the HOA is gathering funds to pursue permanent upgrades to the facility with a
new contractor.

STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Lake Norman Woods Homeowners Association
Lake Norman Woods WWTP
PERMIT NO. NCO071528
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2023-0088
Having been assessed civil penalties totaling S2,233.03 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated March 16, 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 14th day of April , 2023
SIGNATURE
ADDRESS
Lake Norman Woods HOA
PO Box 321
Sherrills Ford NC 28673
TELEPHONE
336 972-3212

ATTACHMENT A
Lake Norman Woods Homeowners Association
CASE NUMBER: LV-2023-0088
PERMIT:
NCO071528
FACILITY:
Lake Norman Woods WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation
Report
Date
Month/Yr Parameter
12/7/2022
12-2022 BOD, 5-Day (20 Deg.
C) - Concentration
12/29/2022
12-2022 BOD, 5-Day (20 Deg.
C) - Concentration
12/31/2022
12-2022 BOD, 5-Day (20 Deg.
C) - Concentration
12/31/2022
12-2022 Nitrogen, Ammonia
Total (as N) -
Concentration
REGION: Mooresville
COUNTY: Catawba
Unit of
Limit
Calculated
% Over
Violation
Penalty
Frequency
Measure
Value
Value
Limit
Type
Amount
Weekly
mg/1
22.50
27.3
21.3
Daily
$225.00
Maximum
Exceeded
Weekly
mg/I
22.50
46.6
107.1
Daily
$325.00
Maximum
Exceeded
Weekly
mg/l
15
25.08
67.2
Monthly
$687.50
Average
Exceeded
Weekly
mg/I
4
10.49
162.2
Monthly
$812.50
Average
Exceeded