NC0071528_Remission (Request)_20231009

October 9, 2023
Mr. Andrew H. Pitner, P. G., Assistant 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 Permit No. NC0071528
Lake Norman Woods Homeowners Association
Lake Norman Woods WWTP
Case No. LV-2023-0237
Catawba County
Mr. Pitner,
Thank you for allowing the Lake Norman Woods HOA the opportunity to respond to this Notice of Violation
dated September 13, 2023; received September 20, 2023. This response pertains to the (5) Ammonia Nitrogen
daily maximum exceedances, and (1) subsequent NH3N monthly average exceedance events that occurred during
the June 2023 monitoring period.
The NH3N exceedances were caused by various complications with WWTP's air system that had adversely
affected the plant's operations at the time that these violations occurred. Reconstruction of the air head at the
WWTP are scheduled to begin during October 2023, and are in the early stages of execution. The strategy is to
replace the air head on WWTP with new galvanized header and stainless steel drops, replace the existing return
piping to the head of the plant with new schedule 80 PVC, and empty and clean the plant and re -seed with 3,300
gallons of new sludge.
As an interim solution, operators increased the air flow output and blower RPMs to allow for greater turnover in
the tanks, in addition to brushing down the walls of the aeration basin, and agitating the bottom of the basin to
bring settled solids from the anoxic zone back up to the aeration basin for treatment. This has proven to be highly
successful for lowering ammonia nitrogen levels, of which no further exceedances have occurred since June 2023.
Construction Schedule and Total Cost of Travel, Labor, and Materials for Replacement of the Air Header at the
Lake Norman Woods WWTP:
• Replace air head on WWTP including new galvanized header and stainless steel drops - $17,495.79
• Replace existing return piping with new schedule 80 PVC to head of plant - $2,675.00
• Pump out existing sludge and replenish with 6,600 — 9,900 gallons of new sludge — (estimated)
$15,000.00
TOTAL: $35,170.79
As a small community association, it is very expensive for us to make such repairs. 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. We are confident that upon completion of the reconstruction efforts that effluent quality will be greatly
improved. It is always our goal to remain in compliance with regulations set forth by the North Carolina Division
of Water Resources. In the event of considering financial enforcement, we request that the Division take this
factor into account when proceeding with enforcement.

Sincerely,
Dale Norman
Lake Norman Woods HOA
CC:
Todd Robinson, Envirolink, Inc.
Josh Powers, Envirolink, Inc.

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0237 County: Catawba
Assessed Party: Lake Norman Woods Homeowners Association
Permit No.: NCO071528
Amount Assessed: $3,070.53
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-282.1(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 (Le., 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;
X (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:
The NH3N exceedances were caused by various complications with WWTP's air system that had adversely affected the plant's
operations at the time that these violations occurred. Reconstruction of the air head at the WWTP are scheduled to begin during
October 2023, and are in the early stages of execution. The strategy is to replace the air head on WWTP with new galvanized header
and stainless steel drops, replace the existing return piping to the head of the plant with new schedule 80 PVC, and empty and clean
the plant and re -seed with 3,300 gallons of new sludge. As an interim solution, operators increased the air flow output and blower
RPMs to allow for greater turnover in the tanks, in addition to brushing down the walls of the aeration basin, and agitating the
bottom of the basin to bring settled solids from the anoxic zone back up to the aeration basin for treatment. This has proven to be
highly successful for lowering ammonia nitrogen levels, of which no further exceedances have occurred since June 2023.
Please see the construction Schedule and Total Cost of Travel, Labor, and Materials for Replacement of the Air Header at the Lake
Norman Woods WWTP. As a small community association, it is very expensive for us to make such repairs. We greatly appreciate
the Division taking this factor into account during review.
-Replace air head on WWTP including new galvanized header and stainless steel drops - $17,495.79
-Replace existing return piping with new schedule 80 PVC to head of plant - $2,675.00
-Pump out existing sludge and replenish with 6,600 — 9,900 gallons of new sludge — (estimated) $15,000.00
TOTAL: $35,170.79

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 )
PERMIT NO. NCO071528 ) CASE NO. LV-2023-0237
Having been assessed civil penalties totaling $3,070.53 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 13, 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 9th day of October 20 23
�Ce� /(/d2�Yl,CLNv
SIGNATURE
ADDRESS
ke Norman Woods HOA
PO Box 321
Sherrills Ford, NC 28673
TELEPHONE
336 972-3212

ATTACHMENT A
Lake Norman Woods Homeowners Association
CASE NUMBER: LV-2023-0237
PERMIT: NCO071528
REGION:
Mooresville
FACILITY: Lake Norman Woods WWTP
COUNTY:
Catawba
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date MonthNr Parameter
Frequency Measure
Value
Value Limit
Type
Amount
6/1/2023 6-2023 Nitrogen, Ammonia;
Weekly mg/I
20
30.46 52.3
Daily
$375.00
Total (as N) -
Maximum
Concentration
Exceeded
6/8/2023 6-2023 Nitrogen, Ammonia
Weekly mg/I
20
33.6 68.0
Daily
$375.00
Total (as N) -
Maximum
Concentration
Exceeded
6/15/2023 6-2023 Nitrogen, Ammonia Weekly mg/I 20 35.06 75.3 Daily $375.00
Total (as N) - Maximum
Concentration Exceeded
6/22/2023 6-2023 Nitrogen, Ammonia
Weekly mg/I 20 32.93 64.7 Daily $375.00
Total (as N) -
Maximum
Concentration
Exceeded
6/27/2023 6-2023 Nitrogen, Ammonia
Weekly mg/I 20 21.17 5.8 Daily $325.00
Total (as N) -
Maximum
Concentration
Exceeded
6/30/2023 6-2023 Nitrogen, Ammonia
Weekly mg/I 4 30.64 666.1 Monthly $1,062.50
Total (as N) -
Average
Concentration
Exceeded