NC0067342_PC-2017-0035_20170925

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Eaven Brice Partnership _
w
Facility Name: North View Mobile Home Park
Permit Number: NCO067342
County: Buncombe [ ,
Case Number: PC-2017-0035 j
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;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. An
April 25, 2016 report of benthic macroinvertebrate study of the receiving stream suggests deleterious impacts
to the benthic macroinvertebrate community below the discharge
2) The duration and gravity of the violation; Duration is unknown.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the,receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage; The cost is unknown RECEIVED/i MEUDWR
5)The amount of money saved by noncompliance; The amount of money saved is unknown S Ep 2 5 2017
Water Cl Saction
Permitting
6) Whether the violation was committed willfully or intentionally; It does not appear to be either
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
The violator has been assessed six (6) civil penalties since 09/2015.
8) The cost to the State of the enforcement procedures.
$123.59
9/7/2017
EDocuSigned by
pr-�I� �,'-
7E617A38285848C
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Wetter Resources
HAS PONMLNTALQUALITY
Certified Mail # 7004 0750 000 2589 9804
Return Receipt Requested
September 8, 2017
James Rice
Eaven Brice Partnership
329 Emma Rd
Asheville, NC 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G.S.) 143 -215. 1 (a)(6)
and NPDES WW Permit No. NCO067342
Eaven Brice Partnership
North View Mobile Home Park
Case No. PC-2017-0035
Buncombe County
Dear Permittee:
ROY COOPER
Oowi am
MICHAEL S. REGAN
Setrntary
S. JAY ZI MERMAN
phVeAr
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,623.59 ($2,500.00 civil penalty
+ $123.59 enforcement costs) against Eaven Brice Partnership.
This assessment is based upon the following facts. an inspection of the North View Mobile Home Park was conducted on
May 8, 2017. This inspection was conducted to verify that the facility is operating in compliance with the conditions and
limitations specified in NPDES WW Permit No. NC0067342. This inspection has shown the subject facility to be in
violation of the conditions and limitations found in NPDES WW Permit No. NC0067342. The violations found during the
inspection are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Eaven Brice Partnership violated the terms, conditions or
requirements of NPDES WW Permit No. NCO067342 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, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Eaven
Brice Partnership:
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

2 500.00 For 2 of the 7 violations of the conditions and limitations specified in Permit No. NC0067342
$2,500.00 TOTAL CIVIL PENALTY
123.59 Enforcement Costs
$2,623.59 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 Sen. ice 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 143B-282. I (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 30) days 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 in. 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 by NCGS §15013-23.2) 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel- (919, 431-3000
Fax- [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, 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 (30) 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 Linda Wiggs with the Division of Water Resources staff of the Asheville Regional
Office at [phone] or via email at [e-mail].
Sincerely,
IDocuSigned by
p�--.� �11.
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2017-0035 County: Buncombe
Assessed Party: Eaven Brice Partnership
Permit No.: NCO067342 Amount Assessed: $2,623.59
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 DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Eaven Brice Partnership )
North View Mobile Home Park 1
PERMIT NO. NCO067342 ) CASE NO. PC-2017-0035
Having been assessed civil penalties totaling $2,623.59 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 8, 2017, the undersigned, desiring to seek remission of the civil penalty,
does hereby waive the right to an administrative hewing 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
day of
ADDRESS
SIGNATURE
20

ATTACHMENT A
Eaven Brice Partnership
CASE NUMBER: PC-2017-0035
PERMIT NO: NCO067342
REGION: Asheville
FACILITY:
North View Mobile Home
Park
COUNTY: Buncombe
VIOLATION
VIOLATION
PENALTY
DATE
AREA
TYPE
VIOLATION DESCRIPTION
AMOUNT
5/8/2017
Flow Measurement -
Violation detected during
Chart recorder is not operating properly
$0 00
Effluent
inspection
5/8/2017
Effluent Sampling
Violation detected during
Fecal Coliform Samples obtained
$500 00
inspection
violated the Daily Max Permit Limit
5/8/2017
Effluent Pipe
Violation detected during
Solids were observed in the receiving
$0 00
inspection
stream leaving the effluent pipe
5/8/2017
Secondary Clarifier
Violation detected during
Solids were observed leaving the
$0 00
inspection
circular clarifier The ORC stated and it
appeared that flow from the circular
clarifier is now directed to the package
plant clarifier Solids remain in the
receiving trough from the package plant
clarifier to the chlorine tablets
dispenser, however solids were not
suspended in the flows at the time of
the inspection Solids were apparent at
the effluent though
5/8/2017
Disinfection -Tablet
Violation detected during
Suspended solids were apparent in the
$2,000 00
inspection
chlorine contact chamber and leaving
the plant