NC0022691_LV20160173_20170117

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Water Resources
#NVrAdNMv41r'AL QUALITY
Certified ID'Itail # 7015 0640 0005 5164 0810
Return Receipt Reguested
August 30, 2016
Mr. Andrew Luter
Yes AF Utilities Exp, LLC
2401 15th Street, Suite 350
Denver, CO 80202
PAT NICCRORY
Gowniar
DONALD R. VAN DER VAART
S. J:tiiY ZIMMERMAN
Direemy
RECEIVEDINCDENWR
JAN 17 2017
SUBJECT: Notice of Violation and Assessment of Civil Penalty dater Quality
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) Permitting Section
and NPDES WW Permit No. NCO022691
Yes AF Utilities Exp, LLC
Autumn Forest MHC WWTP
Case No. LV -2016-0173
Guilford County
Dear Mr. Luter:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $454.74 ($350.00 civil penalty +
$104.74 enforcement costs) against Yes AF Utilities Exp, LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Yes AF Utilities Exp, LLC for the month of May 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0022691. The
violations, which occurred in May 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Yes AF Utilities Exp, LLC violated the terms, conditions or
requirements of NPDES WW Permit No. NCO022691 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Sherri V. Knight,
Regional Supervisor, Winston-Salem Regional Office hereby make the following civil penalty assessment against Yes AF
Utilities Exp, LLC:
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
336-776-9800

$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0022691, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0022691, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0022691, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for 1H3 -N.
$350.00 TOTAL CP,,'M PENALTY
104.74 Enforcement Costs
$454.74 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B -282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thiM Q 0Lys of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must,file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required byNCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all, questions regarding the filing fee and/or the details of the
filing process.

The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative, Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (3 0) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Michael Mickey with the Division of Water Resources staff of the
Winston-Salem Regional Office at [phone] or via email at [e-mail].
Sincerely,
Sherri V. Knight, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: NPDES Compliance/Enforcement Unit - Enforcement File
Adam Motsinger ([e-mail])
David Merritt ([e-mail])
Winston -Salem -Regional Office
Central -Files

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0173 County: Guilford
Assessed Party: Yes AF Utilities Exp, LLC
Permit No.: NCO022691 Amount Assessed: $454.74
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;
(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:

STATE OF NORTH CAROLINA
COUNTY OF GUILFORD
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Yes AF Utilities Exp, LLC
Autumn Forest MHC WWTP
PERMIT NO. NCO022691
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2016-0173
Having been assessed civil penalties totaling $454.74 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 29, 2016, 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 (3 0) 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
day of
ADDRESS
TELEPHONE
SIGNATURE
20

PERMIT: . NC®022691
FACILITY: Autumn Forest MHC WWTP
LIMIT VIOLATION(S)
ATTACHMENT A
Yes AF Utilities Exp, LLC'
CASE NUMBER: LV -2016-0173
REGION: Winston-Salem
COUNTY: Guilford
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure - Value Value Limit Type Amount
5/25/2016 5-2016 BOD Weekly mg/I 10.50 18.20 73.3 Daily Maximum $100.00
Exceeded
5/31/2016 May 2016 BOD Weekly mg/I 7.0 7.20 3.2 Monthly Avg. $0.00
Exceeded
5/31/2016 May 2016 NH3-N Weekly mg/I 2.0 2.70 33.9 Monthly Avg. $250.00
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Yes AF Utilities Exp, LLC
Facility Name: Autumn Forest AMC WWTP
Permit Number: NCO022691
County: Guilford
Case Number: LV -2016-0173
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation; Damage is considered to be minimal.
2) The duration and gravity of the violation; The gravity of the violations) is moderately significant.
3) The effect on ground or surface water quantity or quality or on air quality; The effect on surface waters
is unknown.
4) The cost of rectifying the damage; Unknown.
5) The amount of money saved by noncompliance; Unknown.
6) Whether the violation was committed willfully or intentionally; It is believed that the violations were neither
willful nor intentional,
7) The prior record of the violator in. complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
In the previous twelve months the facility had the following violations:
May 2015 — plfl violation. EPI
.Dune 2215 — Total phosphorus quarterly average violation. NOV letter sent.
July 2015 — pH violations. NOD letter° sent.
April 2016 — BOD and NH3-N violations. Assessed $354.74.
8) The cost to the State of the enforcement procedures. $1104.741
Dat Sherri V. Knight, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ

August 25, 2016
Mr. Mike Mickey
North Carolina Department of Environmental Quality
Winston-Salem Regional Office
450 West Hanes Mill Road,.Suite 300
Winston-Salem, North Carolina 27105
RE: Response to Notice of Violation dated August 15, 2016
NPEDS Permit No. NCO022691
Autumn Forest MHC Waste Water Treatment Plant
3700 Autumn Forest Drive
Browns Summit, Guilford County, North Carolina
Dear Mr. Mickey:
Yes! Communities is in receipt of the Notice of Violation (NOV) dated August 17, 2016 for the
Autumn Forest MHC wastewater treatment plant (WWTP). As stated in your letter, on May 25, 2016,
the WWTP experienced a daily exceedance for Biological Oxygen Demand (BOD). The WWTP also
experienced monthly average exceedances for BOD and ammonia nitrogen during May 2016.
Ammonia and BOD sample results showed an increasing trend through the month of May. Upon
receipt of the May 25, 2016 BOD and ammonia sample results, the operator checked the settleable
solids in the plant and noted that the supernatant was cloudier than usual. An activated sludge
sample was submitted to the laboratory for observation under a microscope which confirmed that the:
activat_ed_sludgein:the plant,.was'.rrostly, dead. The: plantwas'reseeded- during the .week -of June,13
2016.
BQD and ammonia nitrogen remain ongoing concerns for the WWTP Process samples were
collected in July 2016 to determine if additional changes in the treatment system are necessary to
meet the permitted limits. Results of the process sampling indicated good treatment for BOD and
ammonia at the time that the sampling was conducted. We continue to monitor and adjust
operational parameters at the plant to maintain compliance with the permitted effluent limits.
Yes! Communities and Apex Companies are continuing to work diligently to rehabilitate this
treatment system as quickly and cost effectively as possible. We appreciate your cooperation in this
matter as Yes! Communities completes the necessary modifications.
Sincerely,
Apex Companies, LLC
Annie Haluska
Project Manager
Apex Companies,.LLC
4� &Ztr_
Adam Motsinger
Regional Client Manager
Apex Companies, LLC - 10610 Nletromont Parkway, Suite 206 Charlotte, i\IC 28269, r 704.799.6390 - F 704.799.639S • apexcos.com