NC0023191_Remission Decision (LV-2023-0126)_20231108

ROY COOPER
Governor
ELIZABETH BISER
.Secretary
RICHARD E. ROGERS, JR
Director
NORTH CAROLINA
Environmental Quality
November 9, 2023
CERTIFIED MAIL # 7019-1120-00014877-5546
RETURN RECEIPT REQUESTED
David L. Millsaps, Owner
Seven Cedars Mobile Home Park
Village Drive
P.O. Box 1143
Statesville, North Carolina 28687-0827
SUBJECT: Your Request to Remit Civil Penalties
Case Number LV-2023-0126
Seven Cedars Mobile Home Park WWTP
NPDES Permit NCO023191
Iredell County
Mr. Millsaps:
The Division hereby acknowledges receiving your request to remit civil penalties in the subject case. We have
also considered the information you submitted in support of your request, signed June 1, 2023. In accordance with
NCGS 143-215.6A(f), the Division has found no cause to remit the original civil penalty assessment of
$333.03 [$150.00 civil penalty plus $183.03 enforcement].
It follows that your outstanding balance of $333.03 is now due and payable. If you choose to pay the penalty,
send payment to the address below within thirty (30) days of receiving this letter. However, you have two (2)
response options available to you:
1) You may pay this balance. If you decide to remit the balance, please make your check payable
to the Department of Environmental Quality (DEQ). Send payment to:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note: If your payment is not received within thirty (30) days of this letter, your request for
penalty remission, with its supporting documents (together with DWR's recommendations),
will be delivered to the North Carolina Environmental Management Commission's (EMC's)
Committee on Civil Penalty Remissions (the Committee) for final agency decision.
OR you may...
North Carolina Department of Environmental Quality I Division of Water Resources
Itr 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 - 919.707.3616

2) Make request for an oral presentation to the EMC Committee explaining why your request for
remission meets one or more of the five statutory factors you previously addressed. If you so
desire, you must complete and return the enclosed Request for Oral Presentation form within
thirty (30) days of receiving this letter.
Please mail completed form to:
Attention: Bob Sledge
NCDEQ / DWR / NPDES / Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and its supporting documents will be reviewed by the EMC Chairman and, if
it is determined that there is a compelling reason to require your oral presentation, the Commission will notify you
by certified mail of a date, time, and place to present. Otherwise, the final decision on your request for remission
will be made by the Committee based on the written record.
Thank you for your continued cooperation in this matter. If you have questions about this transmittal, please
contact me at [e-mail]].
Sincerely,
Ring Unit
Enclosed: Request for Oral Presentation form
Attached: Case LV-2023-0126 Remission Summaryfor Signature — signed
Civil Penalty Assessment (CPA)_20230504
ec: Enforcement Case File LV-2023-0126
DWR Mooresville Regional Office (MRO), attn. Wes Bell, Andrew Pitner.
Central Files: [Laserfche]

STATE OF NORTH CAROLINA
COUNTY OF IREDALL
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
David L. Millsaps, Owner
Seven Cedars Mobile Home Park WWTP
ENVIRONMENTAL MANAGEMENT COMMISSION
) DEQ Case Number LV-2023-0126
) 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 limited 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.ncbar.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
ADDRESS
TITLE (President, Owner, etc.)
TELEPHONE

DocuSign Envelope ID: 500905DF-0084-42E2-BD57-05101FD77579
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2023-0126 Region: Mooresville County: Iredell
Assessed Entity: Seven Cedars Mobile Home Park WWTP Permit: NCO023191
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
Permittee [Not asserted]:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
Permittee [Not Asserted]:
DWR Response:
® (c) Whether the violation was inadvertent or a result of an accident:
Permdttee States: On January 27, 2023, the plant received a TSS result of 46 mg/L, which exceeds the
daily maximum allowable limit of 45 mg/L. On this date, a rain event disturbed the solids in the plant,
which caused a temporary increase in the concentration of TSS in the effluent. The plant returned to
compliance afterward, and TSS levels returned to normal. The plant was compliant for the entire month of
February following.
DWR Response: The facility reported four (4) previous TSS violations (3-Daily Maximum 5 1-Monthly
Average) in previous 12-month period. Three (3) enforcement actions have also been issued during this
time period. Previous violations have been attributed to higher flow during rainfall events; however, the
permittee's responses have not indicated any I&I reduction activities on the collection system.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permdttee [Not Asserted]:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
Permdttee [Not Asserted]:
DWR Response:

DocuSign Envelope ID: 500905DF-0084-42E2-BD57-05101FD77579
CPA $333.03 [$150.00 civil penalty plus $183.03 enforcement].
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ® No ❑
Original Penalty (without Enforcement Costs)
Partial Remission ❑
(0% or)
Subtotal
$150.00
$0.00
$150.00
Retaining Enforcement Costs $183.03
Total Assessment $333.03
Docusigned by:
11/2/2023
8328644CE9EB4A1...
for Richard E. Rogers, Jr. Date
Based upon the above findings of fact and conclusions of law, ...the Mooresville Regional Office (MRO)
... makes the following civil penalty assessment against David L Millsaps, Seven Cedars MHP:
$150.00 1 of 1 violations of G.S. 143- 215. l(a)(6) and Permit No. NC0023191, by
discharging wastewater into the waters of the State in violation of the Permit
Daily Maximum for Solids, Total Suspended Concentration
$150.00 TOTAL CIVIL PENALTY
$183.03 Enforcement Costs
$333.03 TOTAL AMOUNT DUE