WQ0013808_PC-2019-0042_20190724

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL 7017 1450 0001 6450 4540
RETURN RECEIPT REQUESTED
Mr. Dan Witcher
Kotis Properties, Inc.
P.O. Box 9296
Greensboro, NC 27429-9296
NORTH CAROLINA
Environmental Quality
July 24, 2019
Subject: Assessment of Civil Penalties for Violations
Enforcement Case File No. PC-2019-0042
Permit No. WQ0013808
Summerfield Shopping Center, Wastewater Surface Irrigation
Guilford County
Dear Mr. Witcher,
This letter transmits notice of a civil penalty assessed against Kotis Properties, Inc. in the amount of
$5,000.00 and $564.88 in investigative/administrative costs, for a total of $5,564.88. Attached is a copy
of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Water Resources. Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
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:
NC DEQ/ DWR / ND Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
D EQ _4A North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
NORTH DAROIINI� i
newmremor�w.m�. wQ..ii r 336,776,9800

OR
Option 2. Submit a written request for remission 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-282.1(b) were
wrongfully applied to the detriment of the violator;
(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 has 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 thirty (30)
business 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:
NC DEQ/ DWR / ND Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
OR
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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 sixty (60) 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 original and one (1) copy of the
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative
Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 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, or within 60
days of receipt of this letter in the case of filing a petition for an administrative hearing, 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 the Water Resources staff of the Winston-Salem Regional Office
at 336-776-9800.
Sincerely,
DocuS�igfned<by:
Jti l c.JMdfr
-4'B49E225C94EA...
Lon Snider— Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Attachments
cc: Guilford County Environmental Health
ND Permitting & Compliance Unit
DWR WQ Central Office
WSRO Files
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