WQCSD0682_Enforcement (Letter)_20190227

ROY COOPER 11 p
411CI1AEL S. R[GAN
LINDA CULPEPPER NONT H CAR(DL NA
p"�Y •'u' Environmental Qualify
Certified Mail ## 7017 0190 0000 9562 9156
Return Receipt Requested
February 27, 2019
Samantha Davenport, Registered Agent
Hawthorne - Midway Dunhill LLC
S06 Green Valley Road, Suite 311
Greensboro, NC 27403-7076
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCSD0682
Hawthorne - Midway Dunhill LLC
I lawthorne at the Trace Apartment I.lomes
Case No. DV-2019-0041
Wake County
Dear Ms. Davenport:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S532,36 (S500.00 civil penalty +
$32.36 enforcement costs) against Hawthome - Midway Dunhill LLC.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Server Overflow (SSO)
5-Day Report and other information provided by the Hawthorne - Midway Dunhill LLC. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit No. WQCSD0682 and G.S. 143-215,1(a)(1).
The violation(s) r"incidents(s) that occurred for which you are being penalized are listed in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Hawthorne - Midway Dunhill LLC violated the terns, conditions
or requirements of Collection System Permit No. WQCSD0682 and G.S. 143-215.1(a)(1) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G_S. 143-215.6A(a)(2) and (a)(6), a civil penalty may be
assessed by the Commission against any person who violates the terms, conditions or requirements of a permit required by
G.S. 143-215.1(a).
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ased 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, 1, Rick
Bolich, L.G., Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment
against
Hawthorne - Midway Dunhill LLC:
S500,00 For 1 of the 1 violations of Collection System Permit No. WQCSD0682 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting_ in a discharge without a valid permit.
S500.00 TOTAL CIVIL PENALTY"
S32.36 Enforcement Costs
S532.36 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14313-252.1(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 duality;
(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 administratiN e hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not inchide Ircrirer
�orrti). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s)-
Please submit payment to the attention of:
Attn: PERCS 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 143 B-2S2.1(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 remissionyou 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 thirty 30 days of receipt of this
notice. The Division of Water Resources also requests that you coml2let9 and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the followin4- address:
Attn: PERES Branch
Division of Water Resources
1617 Ivlail Service Center
Raleigh, North Carolina 27699-1617
AND
Rick Bolich, L.G., Assistant Regional Supen isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
162S Mail Service Center, Raleigli
Raleigh, NC 27699-1628

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 Hearin�(ys 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 filings 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: [phone]
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
dateitime 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 Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at (919) 7914200 or via email at mitch.liayes-'ei.ncdenr.gov.
Sincerely,
Rick Bolich, L.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
PERCS Compliance? Enforcement Unit - Enforcement File
Central Files

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2019-0041 County: Wake
Assessed Party: Hawthorne - Midway Dunhill LLC -
Permit No,: WQCSD0682 Amount Assessed: S532.36
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to cin Administrative Hearing, and Stipulation vrFcacts" 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. § 1=4313-282.1(c), remission of civil
penalty maybe 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. 1=4313-282.1(b) were wrongfully applied to the
detriment of the petitioner (tire asscssnaent f iaors are listed in the civil penalty a.sscssmc:nt 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 pre vent fitture occur)-ences);
(c) the violation was inadvertent or a result of an accident (i, u+., explain uhv the violation it -cis unavoidable or
something you could not prevent or prepare for );
(d) the violator had not been assessed civil penalties far any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
holy p(twnent of the cavil penalty brill pre vent ti'ou,rom pel forming the activities necessai j. to achieve
compliance).
EXPLANATION:

STATE OF NORTI I CAROLINA
COUNTY OF WAKE
IN TI-IE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Hawthorne - Midway Dunhill LLC
Hawthorne at the Trace Apartment Homes
PERMIT NO. WQCSD0682
DEPARTMENT OF ENVIRONMENTAL QUALITY
NVAIVER OF RIGIIT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. M-2019-0041
Flavin- been assessed civil penalties totaling S532.36 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated February 27, 2019, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the ri�(rht 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 (30) days of receipt of the notice
of assessment. No new c%idence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of , 20
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
Hawthorne - Midway Dunhill LLC
CASE NUMBER: DV-2019-0041
PERMIT NO: WQCSD0682 REGION: Raleigh
FACILITY: Hawthorne at the Trace Apartment Homes COUNTY: Wake
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
201803193 10I812018 CSO�SSO(Sewer Overflow) Discharge without valid permit 1,000 $500.00