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Home My WebLink AboutNC0001899_Permit Issuance_20190507ROY COOPER (;Me nar MICHAEL S. REGAN Sermrary LINDA CULPEPPER a'rWW Certified Mail # 7017-2680-0000223605" Return Receipt Reauested Jason Kaplan Moncure Holdings West LLC 282 Century Pl Ste 2000 Louisville,CO 80027 NORTH CAROLINA Environmental Quality May 07, 2019 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 W W Permit No. NC0001899 Moncure Holdings West LLC Moncure Holdings West WWTP Case No. LV-2019-0099 Chatham County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $287.78 ($250.00 civil penalty + $37.78 enforcement costs) against Moncure Holdings West LLC. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Moncure Holdings West LLC for the month of June 2018. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No. NC0001899. The violations, which occurred in June 2018, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Moncure Holdings West LLC violated the terms, conditions or requirements of NPDES W W Permit No. NC0001899 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Moncure Holdings West LLC Facility Name: Moncure Holdings West WWTP Permit Number: NC0001899 County: Chatham Case Number: LV-2019-0099 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No known damage to environment, public health or private property 2) The duration and gravity of the violation; One daily maximum and one monthly average exceeded for BOD. 3) The effect on ground or surface water quantity or quality or on air quality; Not documented. 4) The cost of rectifying the damage; Not documented. 5) The amount of money saved by noncompliance; It is not believed that any money was saved by these violations. 6) Whether the violation was committed willfully or intentionally; It is not believed that the violations were committed intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no CPAs in the past year. 8) The cost to the State of the enforcement procedures. — 'e �le Rick Bolic , MG., Assistant Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ $37.78 to PMnaM RNMaalan vaYw 9emamaM M RNaYp CFa.<_ _ Fanu — — — pm9.Y/ vel.le0 no411one — } aenall,.azrsze^. — M yaHumMr: �fcw9i IIJv flJs�30z6iMJl36 w N 9ila _ P:qs O P.f iqn Drya.s... 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W.W ..._,....• CY.b CYWne R.epon.. pp BF OME40Y T4tl1I.mpXl vyC {y],1B NemY1R.yM 9 CY.CbN '9M L flo R..q PM Vt Q ryPe nYmro Ya�cR p X U.S. Postal Service'" CERTIFIED MAIL® RECEIPT - Domestic Mail Only For delivery information, visit our website at wwwusps.com M ('artifled Mall Fee r!J $ ru re rvI= Fees tdadmv, snare. maPpgvrerel O ❑ Rewm Recepr PwurgPN e ❑Paean Reoe�q (alxvmk) $ Poelrrierkk C3 ❑ caress Mali Reeetlen L) I $ Here C3 ❑Atlue Spnesve Reoutraa S ❑M�n Spnanne Rmo-icmE oasreN e O Postage CIO $ '11 Total Poste{ IASON RAPLAN fL MONCURE HOLDINGS WEST LUC $ 28 Sent To 2 CENTURY PL STE 2000 M1 ,� LOUISVILLE, CO 80027 r3 Shoefend-A NOV-LV-2019-0099: NCDO01899: MONCURE HOLDINGS M1 CHATHAM COUNTY: NOV&ASSESS OF CP OIty;-$fe7e,: 05/07/19: MAILED: 05/09/19: ZHANG ■ Complete items 1, 2, and 3. A. Signatul ❑ Agent ■ Print your name and address on the reverse 9 ❑Address so that we can return the card to you. Addressee ■ Attach this card to the back of the mallplece, B. Ybo@ved by (Prints le) . Date of Delivery or on the front M space permits. 1 • A� to: D. is dM*very address dRfelent from Item 1? ❑ Yea - M YES, enter delivery address below: ❑ No JASON KAPLAN 8 MONCURE HOLDINGS WEST LLC 282 CENTURY PL STE 2000 LOUISVILLE, CO 80027 NOV-LV-2019-0099: NCOOOIS99: MONCURE HOLDINGS WE CHATHAM COUNTY: NOV & ASSESS OF CP 05/07/19: MAILED: OS/09/19: ZHANG 3. s❑ III IIIIII IIII III I II III II I I II II I III I I II II II III Ad dulSlg r tare Restricted Delivery ❑ Registered Mall Restricted ❑ CertRed Mall Reelrlcted Delivery Q'FLReltercnendise far El Collect on Delivery Collect on Delivery ResVk1ed Delivery ❑ Si nature CanOrrnatlonTM D 2. Article Number (Trap- fP h^r^ `^^ram v'r"e--- - 1 Insured Mail ❑ Signature Confin eatbn Restricted Dell 7017 266D D000 2236 059 nsu Mail Restricted Delivery very Ps Form 3811, July 2015 PSN 7530-02-DOO-9053 Domestic Return Receipt ROY COOPER On ernor MICHAEL S. REGAN Srerrfvrr LINDA CULPEPPER 0111101 Certified Mail # 7017-2680-000022360598 Return Receipt Requested Jason Kaplan Moncure Holdings West LLC 282 Century Pl Ste 2000 Louisville, CO 80027 P� r�J'� x, � Z�r NOS;'" LAHOLINA Environmental Quality May 07, 2019 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina Genetaal Statute (G.S.) 143-215. 1 (a)(6) and NPDES W W Permit No. NC0001899 Moncure Holdings West LLC Moncure Holdings West WWTP Case No. LV-2019-0099 Chatham County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $287.78 ($250.00 civil penalty + $37.78 enforcement costs) against Moncure Holdings West LLC. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Moncure Holdings West LLC for the month of June 2018. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No. NC0001899. The violations, which occurred in June 2018, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Moncure Holdings West LLC violated the terms, conditions or requirements of NPDES W W Permit No. NC0001899 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above -findings of fact and conclusions of law, and in accordance with authority provided by the ,Secictary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Rick Bolich, L.G., Assistant Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Moncure Holdings West LLC: $0.00 0 of 1 violations of G.S. 143-215. 1 (a)(6) and Permit No. NC0001899, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for BOD. 5-Day (20 Dee. C) - Concentration 250.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0001899, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD. 5-Day (20 Dee. C)- Concentration 250.00 TOTAL CIVIL PENALTY 37.78 Enforcement Costs 287.78 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a Petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition maybe filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at cheng.zhang@ncdenr.gov. Sincerely, Rick Bolich, L.G., Assistant Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File ATTACHMENT A Moncure Holdings West LLC CASE NUMBER: LV-2019-0099 PERMIT: NC0001899 FACILITY: Moncure Holdings West WWTP REGION: Raleigh COUNTY: Chatham LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 6/13/2018 6-2018 BOO, 5-Day (20 Deg. Weekly mg/I 10 11.7 17.0 Daily $0.00 C) - Concentration Maximum Exceeded 6/30/2018 6-2018 BOD, 5-Day (20 Deg. Weekly mg/I 5 6.45 29.0 Monthly $250.00 C) - Concentration Average Exceeded Case Number: Assessed Party: Permit No.: NSTIFICATION FOR REMISSION REQUEST LV-2019-0099 Moncure Holdings West LLC NC0001899 County: Chatham Amount Assessed: 2$ 87.78 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 maybe 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); (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 figure occurrences); (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: STATE OF NORTH CAROLINA COUNTY OF CHATHAM IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Moncure Holdings West LLC Moncure Holdings West WWTP PERMIT NO. NC0001899 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2019-0099 Having been assessed civil penalties totaling $287.78 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 07, 2019, 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 day of 20 SIGNATURE ADDRESS TELEPHONE ROY COOPER 0'r4Ur 1r11CHAEL S. REGAN &•: Wa'v LINDA CULPEPPER 13" tnr Certified Mail # 7017-2680-000022360598 Return Receipt Requested Jason Kaplan Moncure Holdings West LLC 282 Century PI Ste 2000 Louisville, CO 80027 ai:17i h, r t .. `O::'! Aq0LJNA Environmental Quality May 07, 2019 r 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. NC0001899 Moncure Holdings West LLC Moncure Holdings West WWTP Case No. LV-2019-0099 Chatham County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $287.78 ($250.00 civil penalty + $37.78 enforcement costs) against Moncure Holdings West LLC. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Moncure Holdings West LLC for the month of June 2018. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0001899. The violations, which occurred in June 2018, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Moncure Holdings West LLC violated the terms, conditions or requirements of NPDES WW Permit No. N00001899 and G.S. 143-215.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above -findings of fact and conclusions of law, and in accordance with authority provided by the $eeretary-oLthe.Department of Environmental Quality and the Director of the Division of Water Resources, I, Rick Bolich, L.G., Assistant Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Moncure Holdings West LLC: $0_00 0 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0001899, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for BOD. 5-Day (20 Dee. C) - Concentration 250.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0001899, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD. 5-Dav (20 Dee. C) - Concentration 250.00 TOTAL CIVIL PENALTY 37.78 Enforcement Costs 287.78 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.l(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was conmtitted willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thlty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request,' Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a aetition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition maybe filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at cheng.zhangCncdenr.gov. Sincerely, Rick Bolich, L.G., Assistant Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Centpl Files ATTACHMENT A Moncure Holdings West LLC CASE NUMBER: LV-2019-0099 PERMIT: NC0001899 FACILITY: Moncure Holdings West WWTP REGION: Raleigh COUNTY: Chatham LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 6/13/2018 6-2018 BOD, 5-Day (20 Deg. Weekly mg/I 10 11.7 17.0 Daily $0.00 C) - Concentration Maximum Exceeded 6/30/2018 6-2018 BOD, 5-Day (20 Deg. Weekly mg/I 5 6.45 29.0 Monthly $250.00 C) - Concentration Average Exceeded Case Number: Assessed Party: Permit No.: JUSTIFICATION FOR REMISSION REQUEST LV-2019-0099 Moncure Holdings West LLC NC0001899 County: Chatham Amount Assessed: S287.78 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Maiver 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. 4 14313-282. 1 (c), remission of a civil penalty maybe 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); (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); (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: STATE OF NORTH CAROLINA COUNTY OF CHATHAM IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Moncure Holdings West LLC Moncure Holdings West NVWTP PERMIT NO. NC0001899 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2019-0099 Having been assessed civil penalties totaling $287.78 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 07, 2019, 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 day of 20 SIGNATURE ADDRESS TELEPHONE ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. n,npla Addressed to: JASON KAPLAN MONCURE HOLDINGS WEST LLC 282 CENTURY PLSTE 2000 LOUISVILLE, CO 80027 NOV-LV-2019-0099: NCOOOIS99: MONCURE HOLDINGS CHATHAM COUNTY: NOV & ASSESS OF CP 05/07/19: MAILED: 05/09/19: ZHANG ❑ Agent Date of Delive. D. Is delivery address different from Rem 19 V Yet If YES, enter delivery address below: ❑ No e Type Pill aid II IIIIIII IIII IIII II IIIIII II II IIIIII II II'I� Aduft =.rrSM®Restricted Delivery edressi El RRl�lstMailRestr 9590 9402 3222 7196 3536 67 Delivery try Receipt for ❑ Certified MaRestricted ❑ Collect on Delivery Merchandise 2. Article Numbar ?rnnshu earn ta.ae-e rarest ❑ Collect on Delivery Restricted Delivery sored Mail 'itior ❑ Signature ConRnnatio, Ogeshrcteedre 7017 266t( D000 2236 0598 nured Mall Restricted Delvery D llvery (over$500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Recall Domestic Mail Only For delivery information, visit our website ■r 1 G ❑Return Rai PerdwPN $ C3 ❑ Return Pei (elecwmd $ Postmark O ❑ Certified Mal Restruned Delivery $ Here C3 ❑ Adult Signature Reeuired $ (]Adult Slenature Restricted Delhrery $ i3 Postage 1:0 $ —9 Total Postal JASON KAPLAN ru MONCURE HOLDINGS WEST LLC $ 282 CENTURY PL STE 2000 — r SBnf To i LOUISVILLE, CO 80027 p $p,jgl anifA NOV-LV-2019-0099: NC0001899: MONCURE HOLDINGS Ill 171 CHATHAM COUNTY: NOV &ASSESS OF CP __ 7Aly, Stele,: 05/07/19: MAILED: 05/09/19; ZHANG r V / Permit Enforcement History by Permit Permit NC0001899 Facility: Moncure Holdings West iAWTP Owner: Moncure Holdings West LLC Region: Raleigh County: Chatham Penalty Remission Enforcement EMC Collection Has Assessment Penalty Enforcement Request Conference Hearing Memo Sent Payment Case Cate Approved Amount Costs Damages Received Held Held To AGO Total Paid Balance Due Plan Closed TX-2001-0012 04/23/O1 $1,000.00 $39.24 $1,039.24 $0.00 No 05/11/01 LV-2002-0248 07/03/02 $1.000.00 $53.07 $1,053.07 $0.00 No 07/26/02 LV-2010-0178 06/16/10 $100.00 $47.54 $147.54 $0.00 No 07/07/10 Total Cases: 3 $2.100.00 $139.85 $2,239.85 $0.00 Total PerwMles: $2.239.85 Total PenalBas after $2,239.85 NPDES PERMIT NO.: NC0001899 FACILITY NAME: Moncure Holdings West W WTP OWNER NAME: Moncum Holdings West LLC GRADE: W W-2 eDMR PERIOD: 06-2018 (June 2018) PERMIT VERSION: 5_0 CLASS: WW-2 ORC: Lawreace D. Mumay ORC HAS CHANGED: No VERSION: 1.0 j� PERMIT STATUS: Active R F C; F I V E DoUNTY: Cliat6am— A U U A 1 2019 ORC CERT NUMBER: 25810 CEN l RAL FILES STATUS: Prmeased DWR SECTION SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO "" No Reporting Reason ENFRUSE -No Flow-ReuselRwycle; ENV WTHR= No Visitation - Adverse Wmgwu , NOFLOW =No Flow; HOLIDAY -No Visitation- Holiday INC Dept of Environmental QW4 AUG - 6 2018 Raleigh Regional OM@p ARMIT NO.: NC0001899 iLITY NAME: Moncure Holdings West W WTP .9WNER NAME: Moncure Holdings West LLC GRADE: WW-2 eDMR PERIOD: 06-2018 (June 2018) COMPLIANCE STATUS: Compliant PERMIT VERSION: 5.0 CLASS: WW-2 ORC: Lawrence D. Murray ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 9196222901 PERMIT STATUS: Active COUNTY: Chatham ORC C19RT NUMBER: 25810 STATUS: Processed SUBMISSION DATE: 07/262018 07/26/2018 /Cer er ignat e: F a v 1 Real E-Mail:aba•ei@withersravenel.com Phone #:3176-2Z -T73V Date .Cay ruAir• 4 (wturrny@u •flws ,wl •4nti 419—622.29tol By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part ILE.6 of the NPDES permit. Permittee/Submitter Signature:*** Earl Beal E-Mail:ebeal@withersravenel.com Phone #:336-266-1254 Date Permittee Address: 338 Pea Rdg Rd New MII NC 27562 Permit Expiration Date: 07/31/2021 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. LAB NAME: Pace Analytical CERTHUD LAB #: NC Wastewater Certification #12 PERSON(s) COLLECTING SAMPLES: Lawrence "Larry" Murray CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting httpd/portal.nodem.org/weh/wq/swp/pstnpdes/forms, FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period " ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority most be on file with the state per 15A NCAC 2B .0506(bx2)(D). Permit NC0001899 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Water Quality Commission, and the Federal Water Pollution Control Act, as amended, Moncure Holding West, LLC is hereby authorized to discharge wastewater from a facility located at the Moncure Holding West, LLC WWTP 338 Pea Ridge Road, New HIII Chatham County to receiving waters designated as the Haw River in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, and III. This permit modification shall become effective December 1, 2017. This permit and the authorization to discharge shall expire at midnight on July 31, 2021 Signed this day November 10, 2017. Signed by Julie Grzub for Linda Culpepper, Interim Director Division of Water Resources By the Authority of the Environmental Management Commission Page 1 of 11 Permit NC0001899 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated process, domestic, and filter backwash wastewater from Outfall 001. Such discharges shall be limited and monitoreds by the Permittee as specified below: Effluent Characteristics Limits Monitoring Requirements Monthly Average Daily Maximum Measurement Frequency Sample a Sample Location 1 Flow 0.244 MGD Continuous Recording Influent or Effluent pH 2 6.0 < pH s 9.0 Continuous Recording Effluent BOD, 5 day (20°C) 5.0 mg/L 10.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3-N 1.0 mg/L 2.0 mg/L Weekly Composite Effluent Oil and Grease 55.67 lbs/day 210.92 lbs/day Weekly Grab Effluent Temperature, °C Monthly Grab Effluent Temperature, "C Monthly Grab Upstream & Downstream Conductivity, pmohs/cm Monthly Grab Effluent Conductivity, pmohs/cm Monthly Grab Upstream & Downstream Dissolved Oxygen, mg/L Monthly Grab Effluent Dissolved Oxygen, mg/L Monthly Grab Upstream & Downstream Total Nitrogen3.7 4.48 lb/day Quarterly Composite Effluent Total Phosphorus? 1.0 lb/day Quarterly Composite Effluent Total Cadmium 62.9 pg/L 284.7 pg/L Monthly Composite Effluent Chronic Toxicity 4 Quarterly Composite Effluent CWT 5 Quarterly Grab Effluent Cyanide6 178.0 mg/L 500.0 mg/L Quarterly Grab Effluent Footnotes: 1. Upstream: valve at Permittee's river water pump house. Downstream: nearest accessible point at least 100 yards below the outfall and above the confluence of the Deep and Haw Rivers. Instream monitoring is provisionally waived due to the permittee's participation in the Upper Cape Fear River Basin Association. Instream monitoring shall be conducted as stated in this permit should the permittee end its participation in the Association. 2. The pH shall be monitored continuously at the effluent. 3. TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively. 4. Chronic Toxicity (Ceriodaphnia) Chronic P/F at 0.94%, January, April, July, and October, see A. (4.). 5. Refer to A. (2.) regarding CWT monitoring. 6. CWT — based limitation. 7. Please see Special Condition A. (7.). 8. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (6.). THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 11 ROY COOPER vc k Goienmr Environmental Quality \1ICHAEL S. REGA-N sscret0Y LLVDA CL-LPEPPER Interim Director Certified Mail # 70172680000022360277 Return Receipt Requested October 17, 2018 Jason Kaplan Moncure Holdings West LLC 282 Century PI Ste 2000 Louisville, CO 80027 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0726 Permit No. NC0001899 Moncure Holdings West VA TP Chatham County DearPermittee: A review of the June 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 6/13/2018 10 11.7 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 6/30/2018 5 6.45 Monthly Average Exceeded Concentration (C0310) North Carolina Department of Environmental Quality I Division of Water Resources 1628 Mail service Center, Raleigh. NC 27699-1628 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten 10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the Raleigh Regional Office at 919-791-4200. Sincerely, Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Central Files North Carolina Department of Environmental Quality i Division of Water Resources 1628 Mail service Center, Raleigh, NC 27699-1628 ROY COOPER Gowrr r \IICiiaEL S. REG_-N Saneen LD1D A CULPEPPER Ir-:arim D:rtsrir Certified Mail # 70172680000022360277 Return Receipt Requested Jason Kaplan Moncure Holdings West LLC 282 Century PI Ste 2000 Louisville, CO 80027 ILM k_ ZK I a NOP71h CAw^•LINA Environmental Quality October 17, 2018 t0l � Z, LJ/ r SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0726 Permit No. NC0001899 Moncure Holdings West WWTP Chatham County DearPermittee: A review of the June 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 6/13/2018 10 11.7 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 6/30/2018 5 6.45 Monthly Average Exceeded Concentration (C0310) North Carolina Department of Environmental Quality I Division of Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 A N6tl 6 atlo a t to Issue Civil Penalty is being issued for the noted violation of North Carolina General St nd the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business dam after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the Raleigh Regional Office at 919-791-4200. Sincerely, Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Central Files North Carolina Department of Environmental Quality i Division of Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 Is Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. JASON KAPLAN MONCURE HOLDINGS WEST LLC 282 CENTURY PL STE 2000 L.OUISVILLECO 80027 N logg. -0728 lei BBV-0726 RE HOLDINGS WEST VJNf11' 18 MAILEDA 0/17118.ZHANG �IIIIIII'I I'III'lllIIIIIIIIIIIIIIIIIIIII IIIIIII 9590 9402 3411 7227 5726 63 7017 2680 0000 2236 0277 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Signature x B. R'eceived 6 ❑ Agent ❑ Address C. Date of DeiivE i--)L_, D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Servioe Type 0 Priority Mal FiwressC. ❑Adult Signature ❑ Registered Mail*" ❑ Aydd It Signature Restricted Delivery ❑ R11stered Mail Restn. BLera"ried Mail® ❑ Certified Mail Restricted Delivery Delivery -01,Retum Recelpt for ❑ Collect on Delivery Merchandise El Collecton Delivery Restrcted Delivery O SignatureConfirmation. Aall O Signature Confirmato Restricted Delivery Restricted Delivery -_ _Aafl n) Domestic Return Recei rr` Domestic u • C3 O p F I C a'' rn Certified Mail Fee nl $ f1J Extra Services & Feee (c boa, add roe as Vprvp^ale) C3 ❑ Relum Recspi(hardmpY) $_. C3 ❑A..R Pt (elecwnic) $ Postmark C3 ❑oseeed elal Ree "a cerireN $ Here C3 pMrswwe -ire $ QROII!{jl,erlR eesvicteO OeiiveN $ C3 Postage CO $ "O Tote JASON KAPLAN fU MONCURE HOLDINGS WEST LLC $ 282 CENTURY PL STE 2000 t` Seni ra LOUISVILLE CO 80027 C3 Sjjg, NOV-2018-LV-0726 rM1 NC000189B.MONCURE HOLDINGS WEST W WTP ?Sid10/22/18 MAILEDA 0/171182HANG