NC0071528_Remission (Request)_20231116

November 14, 2023
Mr. Andrew H. Pitner, P. G., 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 NPDES Permit No. NC0071528
Lake Norman Woods Homeowners Association
Lake Norman Woods WWTP
Case No. LV-2023-0273
Catawba County
Mr. Pitner,
Thank you for allowing the Lake Norman Woods HOA the opportunity to respond to this Notice of Violation
dated October 16, 2023; received October 23, 2023. This response pertains to the (1) fecal coliform daily
maximum exceedance that occurred during the July 2023 monitoring period.
On 7/25, the fecal coliform sample bottle was inadvertently contaminated at the time of collection, resulting in a
fecal coliform exceedance reported for the sample collected on this date. The lab did not recommend re -sampling,
since all other fecal coliform results for July 2023 were <1 mg/L, and there was no resulting violation of the
geometric mean. In response to this incident, the newly onboarded operator that collected the sample was given
additional training on proper sample collection procedure to ensure that this mistake does not recur in the future.
The plant was otherwise compliant during the month of July 2023, and has been within compliance since the
month of August 2023. No further fecal coliform exceedances have occurred since this incident.
We believe that the Lake Norman Woods HOA and WWTP operational staff have responded to these issues to the
best of our ability and in good faith. It is always our goal to remain in compliance with regulations set forth by the
North Carolina Division of Water Resources. When considering financial enforcement, we request that the
Division take these factors into account before proceeding.
Sincerely, , j
Z/>a /��Ii /t 62.E
Dale Norman
Lake Norman Woods HOA
CC:
Todd Robinson, Envirolink, Inc.
Josh Powers, Envirolink, Inc.

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0273 County: Catawba
Assessed Party: Lake Norman Woods Homeowners Association
Permit No.: NC0071528 Amount Assessed: $608.03
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. § 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.I (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;
(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•
On 7/25, the fecal coliform sample bottle was inadvertently contaminated at the time of collection, resulting in a fecal coliform
exceedance reported for the sample collected on this date. The lab did not recommend re -sampling, since all other fecal coliform
results for July 2023 were <1 mg/L, and there was no resulting violation of the geometric mean. In response to this incident, the
newly onboarded operator that collected the sample was given additional training on proper sample collection procedure to ensure
that this mistake does not recur in the future. The plant was otherwise compliant during the month of July 2023, and has been
within compliance since the month of August 2023. No further fecal coliform exceedances have occurred since this incident.

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 1
PERMIT NO. NCO071528 ) CASE NO. LV-2023-0273
Having been assessed civil penalties totaling $608.03 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 16, 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 15 th day of November , 20 23
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SIGNATURE
ADDRESS
Lake Norman Woods HOA
PO Box 321
Sherrills Ford, NC 28673
TELEPHONE
336 972-3212