NC0055212_Remission Request (LV-2024-0246)_20240923

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF FORSYTH
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Auman Acres MHC LLC )
Auman Acres MHC WWTP )
)
PERMIT NO.NC00552I2 ) CASE NO. LV-2024-0246
Having been assessed civil penalties totaling$1.075.97 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated August 6.202,L the undersigned,desiring to seek remission of the civil penalq,does
hereby waive Me 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 penally 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 atter k30)days
from the receipt of the notice of assessment.
This the 4.1\' day of „ tfkt' 20
RECEIVED
NA RF,
SEP 2 3 2024
ADDRES,
NCDEQ/DWRINPDES
RAS &le, 17--1k4)
6.11AVVNV, CA
TELEPHONE
,S1)

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF FORSYTH
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Auman Acres Mk LLC
Auman Acres MHC WWTP
PERMIT NO. NC0055212 CASE NO. I_V-2024-0271
Having been assessed civil penalties totaling$1.475.97 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated September 3,2024,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(30i days of receipt of the
notice of assessment. No new evidence in support of a remission request will he allowed after(.30)days from the receipt of
the notice of assessment.
f his the 11\
day of _Se—cAt-(4\V- , 20 94
C-
j10.\11.1RE
AD.
et.'A Xre .3a-,
1"\cii- r CA- ck
11-:1 FPHONE
33

JUSTIFICATION FOR RF.:11SSION REQUEST
Case Number: LV-2024-0246 County: Forsyth
Assessed Party: Auman Acres MHC LLC
Permit No.: N00055212 Amount Assessed: $1,075.97
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(i.e„ explain the
steps that you wok 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;
_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 vou from performing the activities necessary to o('ri�we
compliance!.
EXPLANATION:
Please take into consideration in eliminating or reducing this penalty that the new owners of Auman Acres
MHC LLC closed on this property the first of March 2024. They were unaware of the problems with the
currently WWTP and have acting as quickly as possible to understand and take the appropriate action
to abate the situation.
We would like to undertake a complete refurbishment of the sand filters. This fine would go a long
way to help us accomplish this repair. We have contracted to have the sand removed and replaced,
replace the current UV system with a proper UV system designed for waste water. The current system
is designed for well systems. Verify the condition of the underdrain of the sand filters. Replace all media
with new and add a small blower system to enhance treatment and aid in nitrogen reduction. We believe
these necessary repairs will bring our system back into compliance as quickly as possible. We hope to
have these repairs completed by December of 2024, and would like the DEQ to forgo further penalties
until we have completed repairs.
Please take this into consideration as you deliberate this civil penalty.

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2024-0271 County: Forsyth
Assessed Party: Auman Acres Mhc LLC
Permit No.: NC0055212 Amount Assessed: $1,475.97
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(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:
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:
Please take into consideration in eliminating or reducing this penalty that the new owners of Auman Acres
MI-1C LLC closed on this property the first of March 2024. They were unaware of the problems with the
currently WWTP and have acting as quickly as possible to understand and take the appropriate action
to abate the situation.
We would like to undertake a complete refurbishment of the sand filters. This fine would go a long
way to help us accomplish this repair. We have contracted to have the sand removed and replaced,
replace the current UV system with a proper UV system designed for waste water. The current system
is designed for well systems. Verify the condition of the underdrain of the sand filters. Replace all media
with new and add a small blower system to enhance treatment and aid in nitrogen reduction. We believe
these necessary repairs will bring our system back into compliance as quickly as possible. We hope to
have these repairs completed by December of 2024, and would like the DEQ to forgo further penalties
until we have completed repairs.
Please take this into consideration as you deliberate this civil penalty.