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HomeMy WebLinkAboutNC0063762_LV20150140_20150828 I. . 'osta ervice CERTIFIED MAIL° RECEIPT CI Mail Only For delivery information,visit our website at www.usps.com . ✓ Certified Mail Fee Extra Services&Fees(Check box sad fee as appropriate) U ❑Return Receipt(hardcopy) $ ❑Return Receipt(electronic) $ Postmark ❑Certified Mel Restricted Delivery $ Here 3 El Adult Signature Required $_ ❑Adult Signature Restricted Delivery$ 7 Postage ✓ $ j Total CAROLINA VILLAGE MHC, LLC $ 2131 ESPEY COURT n Sent 9 SUITE 5 Stree CROFTON MD 21114 City, ATTN: MR RYAN FIOTCHKISS a,...I_.. oho/1r �� oar uneu man service proviaes me renewing nenertis: A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail I A unique identifier for your mailpiece. associate for assistance.To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the I A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service' Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. mportant Reminders: -Adult signature service,which requires the You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority Mail®service, -Adult signature restricted delivery service,which I Certified Mail service is not available for requires the signee to beat least 21 years of age international mail. and provides delivery to the addressee specified I Insurance coverage is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark.If you would like a postmark on For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. S Form 3800.April 2015(Reversal PSN 7530-02-000-9047 • •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. A. Si% atu e ■ Print your name and address on the reverse X/ (((jj�La / El Agent so that we can return the card to you. ❑Addresse ■ Attach this card to the back of the mailpiece. - eceived by(Pr' fed e) C. ate of eliver or on the front if space permits. C I. Article Addressed to: ' D. Is delivery address dill nt from item 1 es If YES,enter delivery address below: 0 No CAROLINA VILLAGE MHC, LLC 2131 ESPEY COURT SUITE 5 CROFTON MD 21114 ATTN: MR RYAN HOTCHKISS 0/,o/1C 3. Service Type E Priority Mail Express® I I I I I III II II II I I III II II 11111 1II ❑Adult Signature ❑Registered Mail'.Adult Signature Restricted Delivery Registered Mail Restrict Certified Mail® Delivery L Certified Mail Restricted Delivery return Receipt for 9590 9401 0026 5168 3268 53 collect on Delivery Merchandise (7 Collect on Delivery Restricted Delivery Signature Confirmation' Article Number(Transfer from service label) Mail ❑Signature Confirmation 7 015 0640 0002 9295 6286 Mail Restricted Delivery Restricted Delivery DO F.,r..,25111 enril 9fl-7 F ocni-con m nnn nna� n.,..,o�.��❑,,4,,,,oo..o�., UNITED STATE First-Class Mail 111111 Postage&Fees Paid A ,' ' USPS r Permit No.G-10 li • Sender1e1t rint your name, address, and Z1P+4® in this,ox• m m DENR/'NQROS w m 610 EAST CENTER AVE F n m SUITE 301 WIP v CI MOORSEVILLE NC 28115 c o 04 0 Z �' -. z D a USPS TRACKING# O x rrs /*Illilrlili+ 9590 9401 0026 5168 3268 53 ' NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary August 28, 2015 CERTIFIED MAIL 7015 0640 0002 9295 6286 RETURN RECEIPT REQUESTED RECEIVED/DENR/DWR Mr. Ryan Hotchkiss, Manging Member QFP 1 2015 Carolina Village MHC, LLC Water Quality 2131 Espey Court, Suite 5 Permitting Sectior Crofton,Maryland 21114 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO063762 Carolina Village Mobile Home Park WWTP Cabarrus County Case No. LV-2015-0140 Dear Mr. Hotchkiss: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $346.97 ($200 civil penalty+ $146.97 enforcement costs) against Carolina Village MHC, LLC. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for April 2014. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0063762. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Carolina Village MHC, LLC violated the terms, conditions, or requirements of NPDES Permit No.NCO063762 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, Michael L. Parker, Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against Carolina Village MHC, LLC: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 Phone:(704)663-1699!Fax:(704)663-60401 Customer Service:1-877-623-6748 Internet:http:llportal.ncdenr.orglwebhvq An Equal Opportunity i Af irnat ve Accor Employer—3C%Recycled110%Post Consumer paper R $ 200.00 For 2 of the two (2) violations of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0063762,by discharging waste into the waters of the State in violation of the permit Daily Maximum effluent limit for Fecal Coliform. $ 200.00 TOTAL CIVIL PENALTY $ 146.97 Enforcement costs $ 346.97 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-282.1(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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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 £Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 G.S. 14313-282.1(b)were 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 information 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 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"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 OR 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 L� 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 may be 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: Office of Administrative Hearings 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 DENR as follows: Mr. Sam M. Hayes, General Counsel DENR 1601 Mail Service Center Raleigh,NC 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 notice, 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 about this civil penalty assessment please contact staff in the Mooresville Regional Office at(704) 663-1699. (D ) 01 Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources,NCDENR ATTACHMENTS cc: Mooresville Regional Office Compliance File w/ attachments Raleigh Compliance/Enforcement File w/attachments Central Files w/attachments ATTACHMENT A CASE NO. LV-2015-0140 Outfall Date Parameter Reported Value Permit Limit 001 4/1/2014 Fecal Coliform 760 CFU/ 100ml* 400 CFU/100ml (Daily Maximum) 001 4/22/2014 Fecal Coliform 1510 CFU/ 100ml* 400 CFU/100ml (Daily Maximum) * Denotes civil penalty assessment The Carolina Village MHC, LLC response to NOV-2015-LV-0162 received on April 9, 2015 was reviewed by DWR staff. Mitigating factors were not found to result in a reduced civil penalty amount. M STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CABARRUS IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND CAROLINA VILLAGE MHC, LLC ) STIPULATION OF FACTS PERMIT NUMBER NC0063762 ) FILE NO. LV-2015-0140 Having been assessed civil penalties totaling $346.97 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 19, 2015, the undersigned, desiring to seek remission of the civil penalties, 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 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 52015 BY ADDRESS TELEPHONE Or e .DUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2015-0140 Assessed Party: Carolina Village MHC, LLC County: Cabarrus Permit Number: NC0063762 Amount Assessed: $346.97 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of 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 applies. 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); (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: (use additional pages as necessary)