NC0021491_Remission Decision LV-2020-0032_20201123

31
ROY COOPER .�.�. !:;,
MICHAEL S. REGAN ! ' '—414
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S. DANIEL SMITH ` ,,,,4
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NORTH CAROLINA
Environmental Quality
November 23, 2020
CERTIFIED MAIL 7018-1830-0001-8037-0861
RETURN RECEIPT REQUESTED
The Honorable William J. Marklin, III, Mayor
Town of Mocksville
do Marcus Abernethy, Town Manager
171 S Clement Street
Mocksville North Carolina 27504
Subject: Decision to Remit Civil Penalties
Case Number LV-2020-0032
for the Dutchmans Creek WWTP
NPDES Permit NC0021491
Davie County
Your Honor:
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division
of Water Resources (the Division) has reviewed your request to remit civil penalties in the
subject case. The Director has granted partial remission(see attached).
Your outstanding balance is $527.18 reflecting 50%remission of original penalties [$850.00-$425.00
+ $102.18 enforcement costs]. This amount is now due and payable. Two options are available to you:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of
Environmental Quality(DEQ). Send payment, within thirty(30) calendar days of receiving this
letter, to the attention of:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2) You may request the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions (the Committee) to make the final decision on your remission
request considering your additional oral input, as may be warranted.
State of North Carolina Environmental Quality I Water Resources
1611 Mail service Center I Raleigh,North Carolina 27699-1611
919 707 9000

William J. Marklin, III, Mayor
Town of Mocksville
do Marcus Abernethy
Page 2
If payment is not submitted within 30 calendar days of your receiving this letter, your current
request for remission and this letter of denial will be delivered to the Committee for final agency
decision.
If you or your representative would like to speak before the Committee, you must complete and
return the attached Request for Oral Presentation form within thirty(30) calendar days of
receiving this letter. Send completed form(s)to:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If you make such a request,the EMC Chairman will review the supporting documents and your
request for an oral presentation. If,in his/her judgment,the Chairman determines that there is
compelling reason to require a presentation, you will be notified as to when and where you
should appear. If your presentation is not required,the final decision will be based upon the
written record.
Please be advised that the EMC's Committee will make its remission decision based on the
original assessment amount. Therefore, the Committee may choose to uphold the original penalty
and offer no remission,they may agree with the DWR Director's remission recommendation
detailed above, or the penalty amount may be further remitted.
Thank you for your continued cooperation in this matter. If you have questions,please contact
me [ioe.corporon@a,ncdenr.gov].
Sincerely,
Joe . Comoro ,P.G.,
Co
pliance d Expedited Permitting
Attachments: Director's Decision; Summary of Civil Penalty Remission Factors
Request for Oral Presentation form;
cc: WSRO Jenny Graznak,Lon Snider,Supervisor SWPS
NPDES Enforcement File LV-2020-0032
Laserfiche

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS—Summary and Signature Page
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❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
[not asserted]
X (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
The Permittee Asserts: Permit limit exceedences during the month of Dec2019 resulted from excessive
rainfall Nov=>5.5 inches;Dec=>6.5 inches [no attached verification].Rainfall overwhelmed our sludge-
removal processes resulting in excess BOD.We pumped sludge from the digester as soon as was practicable.
We still find high solids in the aeration basin[as of 29Sep2020],due to limited access to the digester.We are
in the process of increasing digester capacity.
In addition,our Operator in Training neglected in error to collect the required fourth-quarter TN/TP samples.
Since then,operators have collected,checked and reviewed all samples monthly.Lastly,we neglected to flag
25Dec as a holiday on the eDMR resulting in a frequency violation for Temperature.
DWR Response:The Division agrees with this assessment.
X (c) Whether the violation was inadvertent or a result of an accident:
Permittee Asserts: Infractions resulted from excessive rainfall,adverse weather,improper training and
improper reporting.
DWR Response:The Division agrees. There were no reported adverse effects to groundwater,surface water,
surface soils or air quality.Although there appear to be ongoing operation and maintenance issues,violations
do not appear willful or intentional;no damage was recorded or reported; infractions over the past twelve
(12)months include nine(9)NOVs and two(2)NODs.WSRO and Central Office concur to grant 50%
remission considering the weather.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
[not asserted]
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
[not asserted]
NOTE: Red X indicates a remission factor chosen by the Permittee. Remission of this penalty is based on Factors 0 and E.

DocuSign Envelope ID`.53808449-873B-4C3D-AE86-952910529E67
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes
[Total CPA$952.18]
Original Penalty(without Enforcement Costs) $850.00
Partial Remission X (50%)or-$425.00
Subtotal: $425.00
Retaining Enforcement Costs: +$ 102.18
Total Revised Assessment: $527.18
DocuSigned by:
11/20/2020
E�r; f �
8328B44CE9EB4A1...
for S.Daniel Smith Date

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
DIVISION OF WATER RESOURCES=CIVIL PENALTY ASSESSMENT
Violator: Town of-Mocksville
Facility Name: Dutchman Creek WWTP
Permit Number: NC0021491
County: Davie
Case Number: LM-2020-0032
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;
Minimal to State's natural resources; none known to public health or private property.
2) The duration and gravity of the violation;
The duration is unknown, and the gravity is minimal for the violation.
3) The effect on ground or surface water quantity or quality or on air quality;
There were no effects on ground water or air quality, no known effects on ground and surface water quantity or quality.
4) The cost of rectifying the damage;
No known damage was reported or recorded.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown but is that which the permittee would have had to expend to avert the violation.
6) Whether the violation was committed willfully or intentionally;
It is not alleged that any of the violations were 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
9 Notice of Violations in the past year. 2 Notice of Deficiencies in the past year.
8) The cost to the State of the enforcement procedures.
$102.18
by:
9/9/2020 rDocuSIgned
oti T S�adcr
1d5RdQF995PQdFA
Date Lon T.Snider,Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DAVIE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Mocksville )
Dutchman Creek WWTP )
)
PERMIT NO.NC0021491 ) CASE NO. LM-2020-0032
Having been assessed civil penalties totaling$952.18 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 03,2020,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(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 ,20
SIGNATURE
ADDRESS
TELEPHONE

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
ATTACHMENT A
Town of Mocksville
CASE NUMBER: LM-2020-0032 •
PERMIT: NC0021491 REGION: Winston-Salem
FACILITY: Dutchman Creek WWTP COUNTY: Davie
LIMIT VIOLATION(S)
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
12/7/2019 12-2019 BOD,5-Day(20 Deg. 3 X week mg/I 15 22.87 52.5 Weekly $150.00
C)-Concentration Average
Exceeded
12/28/2019 12-2019 BOD,5-Day(20 Deg. 3 X week mg/I 15 40.03 166.9 Weekly $150.00
C)-Concentration Average
Exceeded
12/31/2019 12-2019 BOD,5-Day(20 Deg. 3 X week mg/I 10 16.55 65.5 Monthly $300.00
C)-Concentration Average
Exceeded
MONITORING VIOLATION(S)
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
12/31/2019 12-2019 Nitrogen,Total- Quarterly mg/I Frequency $100.00
Concentration Violation
12/31/2019 12-2019 Phosphorus,Total(as Quarterly mg/I Frequency $100.00
P)-Concentration Violation
12/28/2019 12-2019 Temperature,Water 5 X week deg c Frequency $50.00
Deg.Centigrade Violation

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
September 29, 2020
Lon T. Snider. Regional Supervisor
Water Quality Regional Operations Section
+ f'. l
Winston-Salem Regional Office —U
�_ , ; '
Division of Water Resources,NCDEQ OCT nip
D R II"Ul.v
Subject: Notice of Violation and Assessment of Civil Penalty
For Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
And NPDES WW Permit No. NC002149]
Town of Mocksville
Dutchman Creek WWTP
Case No. LM-2020-0032
Davie County
Mr. Snider,
Thank you for allowing Town of Mocksville the opportunity to respond to the Notice of
Violation and assessment of civil penalty issued September 08,2020. Below we address the
following infractions that occurred during the month of December,2019.
During this period, the Dutchman Creek WWTP received abnormally high surges of flow into
the plant due to prolonged adverse weather conditions. The month of'December amounted 6.5
inches in total rainfall,following the month of November which received 5.5.

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
The rainfall and flow overwhelm presented untimely challenges in the coordination of sludge
removal. Arranging sludge removal with our contractors was not feasible until damp conditions
subsided,and the delay in our ability to land-apply caused the digester to reach full capacity. The
above circumstances resulted in the BOD exceedances as cited. Sludge was pumped from the
digester as soon as possible to resolve the issue.
We are still experiencing issues with high solids in the aeration basin due to limited availability
in the digester. We are currently in progress with bringing the new digester oniine.
Fourth quarter Total Nitrogen and Totai Phosphorous samples were inadvertently overlooked by
an operator in training when conducting quarterly sampling. Since this occurrence,operators are
utilizing monthly sample schedules that are actively being checked off and reviewed. On the
December eDMR report, 12/25 was not appropriately marked"holiday",which flagged a
temperature frequency violation.
We believe that the following errors have been taken seriously by our staff and ameliorated in a
thorough and timely matter.The incidents under review have been noted so that we can best
maintain optimal procedure and avoid future noncompliance. It is always the goal of Town of
Mocksville and Dutchman Creek WWTP to remain in compliance with regulations set forth by
the Division of Water Resources. It is our request that our cooperation and action in these
matters be taken into account by the Division when proceeding with enforcement.
Sincerely,
Town of Mocksville

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
I -
CC: Matt Settlemyer,Town of Mocksville
Robert White, Envirolink
Joshua Powers, Envirolink

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
•
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2020-0032 County: Davie
Assessed Party: Town of Mocksville
Permit No.: NC0021491 Amount Assessed: $952.18
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:
During this period,the Dutchman Creek wwrp received abnormally high surges of flow into the plant due to prolonged adverse weather conditions.The month of
December amounted 6.5 inches in total rainfall,following the month of November which recel ed 5.5.
The rainfall and flow overwhelm presented untimely challenges in the coordination of sludge removal.Arranging sludge removal with our contractors was not
feasible until damp conditions subsided,and the delay in our ability to land-apply caused the digester to reach full capacity.The above circumstances resulted is the
DUD exceedaoces as cited,Sludge was pumped from the digester as soon as possible to resolve the issue.We are still experiencing issues with high solids in the
aeration basin due to limited availability in the digester.We are currently in progress with bringing the new digester online.
Fourth quarter Total Nitrogen and Total Phosphorous samples were inadserteotiy overlooked by an operator in training when conducting quarterly sampling.Since
this occurrence,operators are utilizing monthly sample schedules that are actively being checked off and reviewed.On the December eDMR report,12/25 was not
appropriately marked"holiday",which flagged a temperature frequency violation.

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
STATE OF NORTH CAROI,INA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DAVIE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Mocksville )
Dutchman Creek WWTP )
PERMIT NO.NC0021491 ) CASE NO. LM-2020-0032
Having been assessed civil penalties totaling$952.18 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated September 03,2020,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 arc 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 ,2091
SIGN TURF
.,, J�
-•"_-.V= ° ti'1 ~-_' ADDRESS
OCT 15 MI . N,e_w.-2M
;�"�'11�if'DFS
t[. ,, _.N fl.a_G_t(sSLi_117_ne
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TELEPI-I ONE
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DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
ATTACHMENT A
Town of Mocksville
• CASE NUMBER: LM-2020-0032
PERMIT: NC0021491 REGION: Winston-Salem
FACILITY: Dutchman Creek WWTP COUNTY: Davie
•
LIMIT VIOLATION(S)
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
12/7/2019 12-2019 BOD,5-Day(20 0eg. 3 X week mg/I 15 22.87 52.5 Weekly $150.00
C)-Concentration Average
Exceeded
12/28/2019 12-2019 BOD,5-Day(20 Deg. 3 X week mg/I ' 15 40.03 166.9 Weekly $150.00
C)-Concentration Average
Exceeded
12/31/2019 12-2019 BOD,5-Day(20 0eg. 3 X week mg/I 10 16.55 65.5 Monthly $300.00
C)-Concentration Average
Exceeded
MONITORING VIOLATION(S)
•
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
12/31/2019 12-2019 Nitrogen,Total- Quarterly mg/I Frequency $100.00
Concentration Violation
12/31/2019 12-2019 Phosphorus,Total(as Quarterly mg/I Frequency $100.00
P)-Concentration Violation
12/28/2019 12-2019 Temperature,Water 3 X week deg c Frequency $50.00
Deg.Centigrade Violation

•
DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
t Ake� STATp44y
t4,
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ROY COOPER �5 Via,?
Governor �, s - ;1,t)
MICHAEL S.REGAN ��`�
�[ 'r QW,A yam''
Secretary �x��:n-_
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail#7018 1130 0000 1612 7970
Return Receipt Requested
September 08,2020
Will Marklin,Mayor
Town of Mocksville
171 S Clement St -
Mocksville,NC 27028
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No.NC0021491
Town of Mocksville
Dutchman Creek WWTP
Case No.LM-2020-0032
Davie County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$952.18 ($850.00 civil penalty
+$102.18 enforcement costs)against Town of Mocksville.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Town of Mocksville for the month of December 2019. 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.
NC0021491. The violations,which occurred in December 2019,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Town of Mocksville violated the terms,conditions or
requirements of NPDES WW Permit No.NC0021491 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).
D E . North Ca ro:ina aepartmerit of EnvIronmentslQuality I Dris,onof Water Resources
f i 1:':nstonSaem Reg'an;l Office 1450 West Hanes N::I Roai,Suite 340 I Mnstoctis_m,North Csro5ra 27105
„\aro-' 336-76-9&DO

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
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,Lon T.
Snider,Regional Supervisor,Winston-Salem Regional Office hereby make the following civil penalty assessment against
Town of Mocksville:
$300.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0021491,by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD,5-Day(20 Deg.
C)-Concentration
$300.00 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No.NC0021491,by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for BOD,5-Day(20 Deg.C)
-Concentration
$100.00 for 1 of the 1 failures to properly monitor Nitrogen,Total-Concentration in violation of Permit
No.NC0021491.
$100.00 for 1 of the 1 failures to properly monitor Phosphorus,Total(as P)-Concentration in violation of
Permit No.NC0021491.
$50.00 for 1 of the 1 failures to properly monitor Temperature,Water Deg.Centigrade in violation of
Permit No.NC0021491.
$850.00 TOTAL CIVIL PENALTY
$102.18 Enforcement Costs
$952.18 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.

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
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 Depattnnent 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 143B-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.

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
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)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.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 by NCGS §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:
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
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.

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
If you have any questions,please contact the Division of Water Resources staff of the Winston-Salem Regional
Office at(336)776-9800.
Sincerely,
CDocuSlgned by:
Loti T 5Ajer
145849E225C94EA...
Lon T. Snider,Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: Laserfiche

DocuSign Envelope ID:53808449-873B-4C3D-AE86-952910529E67
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2020-0032 County: Davie
Assessed Party: Town of Mocksville
Permit No.: NC0021491 Amount Assessed: $952.18
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: