NC0070033_Remission (Decision)_20240807

Docusign Envelope ID:38BB8AF7-34EE-43A2-827F-BOF8CED9348D
Et,,`STATE
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary *�Af QUAM W
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
8/7/2024
CERTIFIED MAIL 7019 1120 0001 4877 7779
RETURN RECEIPT REQUESTED
Mr. Craig Napoliello, Member
Quail Run MHP Pads LLC
113 W Center St Ste 201
Lexington,NC 27929-3087
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit NCO070033
Quail Run MHP Pads LLC
Quail Run Mobile Home Park
Davidson County
Case Number: LV-2024-0124
Dear Mr. Napoliello:
The Division of Water Resources has considered the information submitted in support of your request
for remission in accordance with G.S. 143-215.6A(f) and remitted$350.00 of the $700.00 total penalty
assessment. The revised amount due is $485.52, which includes $135.52 in investigative costs. A copy
of the remission decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the revised penalty of$485.52.
If you decide to pay the revised penalty, please make your check in the amount of$485.52, payable to
the Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of
your receipt of this letter to the attention of.
Wren Thedford
NC DEQ-DWR—NPDES Permitting
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
You may decide to have the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions make the final decision on your remission request.
D E Q�� 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
NORTH CAROLINA 919.707.9000
OepoNnem of Environmental Uoel�

Docusign Envelope ID:38BB8AF7-34EE-43A2-827F-BOF8CED9348D
Quail Run MHP Pads LLC
Case LV-2024-0124 DWR Remission Decision
p.2
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with its supporting documents, and the recommendation of the Division of Water Resources
will be delivered to the EMC's Committee on Civil Penalty Remissions for a final agency decision.
You have the option of presenting your request in person to the EMC's Committee on Civil Penalty
Remissions. If you or your representative would like to speak before the Committee, you must
complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days
of receipt of this letter. Send the completed form to:
Cassilyn Shires
NC DEQ-DWR—NPDES Permitting
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Please be advised that if an in-person presentation is not requested, the Committee's decision regarding
your remission request will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the Committee may choose to
uphold the original penalty amount and offer no remission,it may agree with the Division of
Water Resources' remission recommendation detailed above, or the penalty amount may be
further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Cassilyn
Shires at 919-707-9125, or via e-mail at [e-mail].
Sincerely,
EDo
cuSigned by:
8B44CE9EB4A1...
John E. Hennessy, Section Chief Regional Operations
NPDES Permitting
Division of Water Resources
Attachments:DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
ec: Enforcement File: LV-2024-0124 [Laserfiche]
DWR WQ Regional Operations—[WSRO] [Laserfiche]

Docusign Envelope ID:38BB8AF7-34EE-43A2-827F-BOF8CED9348D
Quail Run MHP Pads LLC
Case LV-2024-0124 DWR Remission Decision
p.2
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DAVIDSON DWR Case Number LV-2024-0124
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Quail Run MHP Pads LLC )
1 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 TITLE(President,Owner,etc.)
MAILING ADDRESS
EMAIL TELEPHONE

Docusign Envelope ID:38BB8AF7-34EE-43A2-827F-BOF8CED9348D
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2024-0124 Region: Winston-Salem County: Davidson
Assessed Entity: Quail Run Mobile Home Park WWTP Permit: NCO070033
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:Quail Run in the past has made and continues to make every possible effort to stay
in compliance with regulatory agencies. As noted in January 2024 EDMR Quail Run was
experiencing problems with recirculating well pumping ability. Once the problem was noticed, an
electrician was called in to remedy the problem,however all other data was well within permitted
limits. Quail Run tries to stay on top of any mishap that could cause any type of violation or future
problem. The last several months of data is in compliance with the state of NC.
DWR Response:DWR recognizes that Quail Run did address this issue within a few months,
however they did not respond to this NOI with that information. Therefore,this office proceeded with
enforcement.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:Quail Run in the past has made and continues to make every possible effort to stay
in compliance with regulatory agencies. As noted in January 2024 EDMR Quail Run was
experiencing problems with recirculating well pumping ability. Once the problem was noticed, an
electrician was called in to remedy the problem,however all other data was well within permitted
limits. Quail Run tries to stay on top of any mishap that could cause any type of violation or future
problem. The last several months of data is in compliance with the state of NC.
DWR Response:DWR recognizes that Quail Run did address this issue within a few months,
however they did not respond to this NOI with that information. Therefore,this office proceeded with
enforcement.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes M No❑
Original Penalty(without Enforcement Costs) $700.00
Partial Remission M %50 or $350.00
Subtotal $350.00
Retaining Enforcement Costs $135.52
DocuSigned by:
Total Revised Assess r4A1...
$485.52
8/7/2024
John E. Hennessy Date