NC0080195_NOV2016LR0052_20160216

PAT MCCR0RY
N,
DONALD R. VAN DER VAART
lVatcr Res.?ur _.
Er,,•wow• ii."L G-,,Li„ S. JAY ZIMMERMAN
February 22, 2015
CE101FIED MAIL 7013 2630 0001 8998 4346
RE,TURN RECEIPT REQUESTED
Mr. Randy Ferrill. CIO AC Investment Properties
Forest Hills Mobile Ilomc Estates W IT
19124 N. Beatties Ford Rd.
Cornelius,NC 28031
Subject: Notice of Violation and 1Zecomrnendation
for Enforcement
1 racking#: NOV-2016-I,R-0052
Randy Ferrill-Forest Hills Mobile Home Fstates WTP
NPDFS Permit No.: NC0080195
Gaston County
Dear Mr. Ferrill:
A review of the Division of Water Resources(UWR)database which tracks the monthly
submittal of Discharge Monitoring Reports(DMR's) revealed that the December 2015 Discharge
Monitoring Report(EINW)has not been filed with the Division within the thirty (30) day reporting
period in accordance with the monitoring and reporting; requirements contained in your NPDES
perm it.
As of the date of this document, UWR haN not received the July 2015 Auvust 2015 and
December 2015 DMRs.
A Notice oh Violation (NOV-20154LR-0035) Was scat to you for failure to submit the October
2014,Januan,20151 March 2015, ,Nlay 2015 and Junc 2015 DNIRs no later than the thirtieth
(30"') day following the reporting period. This noticc was received by you on September-,i, 2015.
Within said Notice,you were informed that future relmrls not received within the required timeframe
Would result in lilrther enforcement actions.
An Assessment ol'Civil Pur►Ity for Violations of the Reporting Requirements(LIZ-2015-000'5)
for amount of x;600.00 was sent to you fur failure to submit the July 2015 DMR no later than the
thirrtieth (30i1') day following the reporting period. "Phis notice was received by you on October 5.
2015.
A Notice. of Violation(NOV-2015-LR-0045)was sent to you for failtn-e to submit the July
2015 and August 2015 DMRs no lalcr than tiro thirtieth (30'I') day following the reporting period.
This notice w;ls received by you on October 10. 2015. Within Said Noticc. you were informed that
future reports not received within the required timcl'ran►e Would result in further cnforcement
actions.
i
1617 Mail Senicc Center_Raleigh,:North Carolina 27699-1617
Yhone:919-Sd7-6100%JTItCI11CI ncw.ucraleiqualii}.ur�
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An Assessment of Civil Penalty for Violations of the Reporting Requirements (LR-2015-0000
for amount of Sl 100.00 is beiti(' sent to Von aloof; with this notice liar failure to suhmit the August
2015 DN/IR no later than tiie thirtieth (30`x') day following the reporting Period.
A Notice of Violation (NOV-2015-11,R-0047)was sent to y,on for late receipt of the September
2015 MIR no later than the thirtieth (30111) day following the reporting period. The MW was
received on December 2, 2015. This notice was received I)y you on December 12. 2015. Within said
Notice.you \\ere inf-ormed that future reports not received within thc required timeti<nne would
result in further enforcenlcut.
This Notice of Violation/Notice of'Recommendation for I-'.nlorccment (NOWNRI;,) is being
issued for the missing December 2015 WNIR. Based upon the above facts. I conclude as a matter of
law that Randy Merrill- Forest I fills Mobile 1 Ionic Estates W"IT Violated or failed to act in
accordance with the requirements ofNPDMS Permit NC008U195 and G.S. 143-215.65. A civil
penalty of not more than 525,000.00 per violation may be assessed against a person who flails to file,
submit, or make available any documents. data, or reports required by G.S. 143-215.65. l he State`s
cnfoz-ceznent costs in this mmitter may be assessed pursuant to i.S. 143-215.3(a) (9)and G.S. 143-
282.1(b) (8).
If you wish to provide additional information ret.;arding the noted Violations and prevent further
action. Please respond in writing within ten (10) days of receipt of this notice. As of the date of this
document, DW R hcas not received the.lulu 2015, Au<Oust 2015 and December 2015 DNMRs. Please
ensure that the missing Discharge. Monitorim-, Reports are sent in to the Division. A review of your
response will he considered and you will be notified of any civil penalties that nnty be assessed
regarding these violations. If no response is received in this Office within the III-day period,a
civil penalty may be assessed.
If you have questions concerning this matter, please do not hesitate to contact Derek Denard at
919-807-6307.
i6}"e ly,
%/John E. Ilennessey
Division of Water RCSOIn'CCS, DEQ
cc: Derek Denard. Compliance & Expedited Permitting Unit
MRO tiles
NPDES files
Central Piles
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