NC0071528_Response to LV-2023-0161_20230630

June 30, 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 NDPES WW Permit No. NC0071528
Lake Norman Woods Homeowners Association
Lake Norman Woods WWTP
Case No. LV-2023-0161
Catawba County
Mr. Pitner,
Thank you for allowing the Lake Norman Woods HOA the opportunity to respond to this Notice of Violation
dated June 13, 2023; received June 16, 2023. This response pertains to the (1) BOD daily maximum exceedance
and (1) NH3N monthly average exceedance events that occurred during the March 2023 monitoring period.
These exceedances were caused by various complications with plant infrastructure, which are currently being
addressed through ongoing reconstruction efforts. The factors described below adversely affected the plant's
operations at the time that these violations occurred. Ongoing complications with the blowers resulted in
challenges in the plant receiving enough air, which created challenges in the treatment process and with ammonia
nitrogen removal. While no ammonia nitrogen daily maximum exceedances occurred, the overall average was
enough to exceed the permitted limit. In the interim, operators conducted increased manipulation of the blower
mechanisms to ensure that the plant receives adequate air.
Anson Metals is scheduled to initiate the following repairs to the aeration basin beginning July 1 & 2. Below is
the construction schedule:
• 1- demo existing steel and pvc air piping, including main air header, diffuser drops, diffusers, etc., and
dispose of materials off site
• 1- install new 3" galvanized steel air header down the length of the Aeration Basin, including welded in
couplings for each of 9- diffuser drops — each drop will include 1 '/4" galvanized steel air lines beginning
with a ball valve, then elbow down to a tee and a 4'-0" horizontal with end caps and 4-diffusers per drop -
each drop will be braced back to tank wall to prevent movement as much as possible
2- cut notches into existing pvc skimmers
• 1- re-route existing 1" air line over to influent tank, including new ball valve, overhead, and tie back to
existing line
1- replace blower pulleys on right side blower to match those on left side blower
The collective costs for this job amount to $14,260.00. As a small community association, it is very expensive for
us to make such repairs. In the event of considering financial enforcement, we request that the Division take this
factor into account. We appreciate your taking into account our cooperation and action in these matters, as it is

always the goal of the Lake Norman Woods HOA to comply with the regulations set forth by the Division of
Water Resources.
Sincerely,
Dale Norman
Lake Norman Woods HOA
CC:
Todd Robinson, Envirolink, Inc.
Josh Powers, Envirolink, Inc.

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0161 County: Catawba
Assessed Party: Lake Norman Woods Homeowners Association
Permit No.: NCO071528 Amount Assessed: $1,320.53
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. Pprsuant 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);
(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 complications with plant infrastructure, which are currently being addressed through ongoing
reconstruction efforts. The factors described below adversely affected the plant's operations at the time that these violations occurred. Ongoing
complications with the blowers resulted in challenges in the plant receiving enough air, which created challenges in the treatment process and with
ammonia nitrogen removal. While no ammonia nitrogen daily maximum exceedances occurred, the overall average was enough to exceed the
permitted limit. In the interim, operators conducted increased manipulation of the blower mechanisms to ensure that the plant receives adequate
air.
Anson Metals is scheduled to initiate the following repairs to the aeration basin beginning July 1 & 2. Below is the construction schedule:
1- demo existing steel and pvc air piping, including main air header, diffuser drops, diffusers, etc., and dispose of materials off site
1- install new 3" galvanized steel air header down the length of the Aeration Basin, including welded in couplings for each of 9- diffuser drops —
each drop will include 1 '/4" galvanized steel air lines beginning with a ball valve, then elbow down to a tee and a 4'-0" horizontal with end caps
and 4-diffusers per drop- each drop will be braced back to tank wall to prevent movement as much as possible
2- cut notches into existing pvc skimmers
1- re-route existing 1" air line over to influent tank, including new ball valve, overhead, and tie back to existing line
1- replace blower pulleys on right side blower to match those on left side blower
The col I ecti ve costs for thi s j ob amount to $14,260.00. As a smal I communi ty associ ati on, i t i s very expensi ve f or us to make such repai rs. I n the
event of consi deri ng fi nand d enf orcement, we request that the D i vi si on take thi s factor i nto account.

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 )
PERMIT NO. NCO071528 ) CASE NO. LV-2023-0161
Having been assessed civil penalties totaling $1,320.53 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 13, 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 30th day of June 209_
Z�>QA Y Y . Adel- awl
SIGNATURE
ADDRESS
Lake Norman Woods HOA
PO Box 321
61 =2109674MONOW'Slairs
TELEPHONE
336 972-3212