NC0023191_ Remission Decision (LV-2023-0040)_20231108

ROY COOPER
Governor
ELIZABETH BISER
Secretary
RICHARD E. ROGERS, JR
Director
NORTH CAROLINA
Environmental Quality
November 9, 2023
CERTIFIED MAIL # 7019-1120-0001-4877-5553
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-2023-0040
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. In accordance with NCGS 143-
215.6A(f), the Division has found no cause to remit the original civil penalty assessment of $583.03 [$400.00
civil penalty plus $183.03 enforcement].
It follows that your outstanding balance of $583.03 is now due and payable. If you choose to pay the penalty,
please send payment to the address below within thirty (30) days of receiving this letter. However, two (2)
response options are 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
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 - 919.707.3616

2) Request to make 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,
tting Unit
Enclosed: Request for Oral Presentation form
Attached: Case LV-2023-0040 Remission Summary for Signature — signed
Civil Penalty Assessment (CPA)_20030208
ec: Enforcement Case File LV-2023-0040
DWR Mooresville Regional Office (MRO), attn. Wes Bell, Andrew Pitner.
Central Files: [Laserfiche]

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-2023-0040
) 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: 7E33F563-OCEO-4F50-BBCA-54E8FD99659C
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2023-0040 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:
Permittee Asserts: On November 29, 2022, the plant received a TSS result of 348 mg/L, and a BOD
result of 45.7 mg/L; both exceeding the daily maximum allowable limits of 45 mg/L. On this date, a
heavy rainfall event created high flow conditions that surged the plant and disturbed the solids, which
caused the increased concentrations of TSS and BOD in the effluent. No other noncompliance events
relating to this incident otherwise occurred.
DWR Response: The BOD violation was not assessed (1.6% over limit). Both TSS violations were
assessed due to being 134.2% (Monthly Average) and 673.3% (Daily Maximum) over the permit
limits. The permittee's response did not indicate that I&I reduction activities were being
implemented.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee [Not Asserted].
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee [Not Asserted]:
DWR Response:

DocuSign Envelope ID: 7E33F563-OCEO-4F50-BBCA-54E8FD99659C
CPA $583.03 [$400.00 civil penalty plus $183.03 enforcement].
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ® No ❑
Original Penalty (without Enforcement Costs) $400.00
Partial Remission ❑ (00/. or) $0.00
Subtotal $400.00
Retaining Enforcement Costs $183.03
Total Revised Assessment $583.03
EDocusgrwd by:
(S� 11/2/2023
8B44CEIDEBW...
for Richard E. Rogers, Jr. Date
Based upon ... 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 WWTP:
$0. 00 0 of 1 violations of G.S. 143- 215. 1(a)(6) and Permit No. NCO023191, by discharging
wastewater into the waters of the State in violation of the Permit Daily Maximum for
BOD, 5- Day (20 Deg. C) Concentration
$200. 00 1 of 1 violations of G. S. 143- 215. 1(a)(6) and Permit No. NCO023191, by discharging
wastewater into the waters of the State in violation of the Permit Daily Maximum for
Solids, Total Suspended Concentration
$200. 00 1 of 1 violations of G.S. 143- 215. 1(a)(6) and Permit No. NCO023191, by discharging
wastewater into the waters of the State in violation of the Permit Monthly Average for
Solids, Total Suspended Concentration
$400. 00 TOTAL CIVIL PENALTY
$183.03 Enforcement Costs
$583.03 TOTAL AMOUNT DUE