The URL can be used to link to this page

Home My WebLink AboutAQ_F_0100237_20221201_ENF_RemissLet_2022-018 ROY COOPER � ,� Q Governor ELIZABETH S. BISER Secretary MICHAEL A.ABRACZINSKAS Director NORTH CAROLINA Environmental Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7019 2280 0000 6513 5599 December 1, 2022 Mr.Mark Blalock,Plant Manager Canfor Southern Pine- Graham Plant 4408 Mt. Hermon-Rock Creek Rd. Graham,NC 27253 SUBJECT: Request for Remission of Civil Penalty Pursuant to NCGS 143-215.114A(e) File No.: DAQ 2022-018 Violator: Canfor Southern Pine- Graham Plant County: Alamance Facility ID: 0100237 Dear Mr.Blalock: Pursuant to authority delegated to me by NCGS 143-215.114A.(g), I have considered the information submitted in support of your request for remission in accordance with NCGS 143-215.114A.(e),and hereby modify the assessment of$42,458 (Civil Penalty of$42,000 plus Investigative Costs of$458)to the total amount of$28,458 (Civil Penalty of$28,000 plus Investigative Costs of$458). I will allow you to pay the penalty in installments. If you choose this option,please contact Amy Vanderkop at 919-707-8432 to arrange for a payment plan. Should you choose to pay the modified penalty amount in full, you may send a check or money order to the North Carolina Department of Environmental Quality(NCDEQ). Please submit payment within thirty (30)days of receipt of this letter to the attention of: Enforcement Group-Payment Department of Environmental Quality Division of Air Quality 1641 Mail Service Center Raleigh,North Carolina 27699-1641 Please be advised,that it is the policy for NCDEQ to charge and collect a processing fee of$25.00 for checks on which payment has been refused by the bank because of insufficient funds or because of an invalid bank account. � v North Carolina Department of Environmental Quality I Division Air Quality 217 West Jones Street,Suite 4000 11641 Mail Service Center I Raleigh,NC 27699-1641 t'.Af'EiLIN.A n. 911,707*1400 T RaPerh�it of Emuuinknial QutJi� Mr. Blalock December 1,2022 Page 2 If payment, or a payment plan request, is not received within thirty(30)days of receipt of this letter, in accordance with NCGS 143-215.114A.(e),your request for remission of the civil penalty with supporting documents and my recommendation to deny the request with supporting documentation will be delivered to the North Carolina Environmental Management Commission's(EMC)Civil Penalty Remission Committee (Committee)for final agency decision. If you chose not to accept the modified penalty and have your case forwarded to the EMC,please be advised that a decision to present your arguments before the Committee will be for remission of the or&inal penalty amount, with that amount being owed if the Committee so rules. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address,you must complete and return the attached form. Please mail the completed form to: Enforcement Group-EMC Request Department of Environmental Quality Division of Air Quality 1641 Mail Service Center Raleigh,North Carolina 27699-1641 If you request to orally present your case to the EMC,you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise,the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. Should you have any questions about this letter, please contact Thaochi Vu at 919-707-8433. Sincerely, Q "IV j k. Michael A.Abraczinskas, Direc Division of Air Quality,NCDEQ Enclosure: Request for Oral Presentation cc: Laserfiche STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Alamance DAQ Case Number:2022-018 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Canfor Southern Pine-Graham Plant ) I hereby request to make an oral presentation before the Environmental Management Commission's(EMC)Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements: • Making a presentation will require the presence of myself or my representative during a Committee meeting held in Raleigh,North Carolina. • My presentation will be limited to discussion of issues and information submitted in gy original remission request,and because no factual issues are in dispute,my presentation will be limited to three(3)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to la ers who are active members of the bar. Proceedings before the Committee on Remission are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or government entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership,or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics. Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner,then you do not need legal representation before the Committee;however,if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Non-lawyers may present facts but must not offer legal representation or legal opinion. If you choose to request an oral presentation please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations,partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of ,20 SIGNATURE TITLE(President,Owner,etc.) ADDRESS TELEPHONE �)