NCS000446_Notice of Assessment_20201218

WATER RESOURas
July 29, 2020
Certified Mail
Return Receipt Requested
MREC KLP Stillwater, LLC
3737 Glenwood Avenue, Suite 100
Raleigh, NC 27612
AUn: David Goracke
Re: Notice of Assessment
Project Name: Stillwater Phases 3, 4, 7 & 8
Job Number: 14-031
Dear Mr. Goracke:
Mr. James Misciagno, Environmental Field Services Supervisor with the Town of Apex (Town), has
identified the Stillwater Phases 3, 4, 7 & 8 project as out of compliance with the Town approved Soil
Erosion and Sedimentation Control (S&E) Plan and has documented the following violations of the Town's
S&E Ordinance (Chapter 5, Article X, Sections 5-140 through 5-162):
Failure to maintain permanent and/or temporary measures: On March 10th, 2020, an on -site
inspection was conducted by Mr. Jimmy McClure, an Environmental Technician with the Town.
His inspection revealed that the approved S&E plan was not being followed. Consequently, a
Notice of Violation (NOV) was written on March 11, 2020, and sent via certified mail and email
on March 11, 2020 and hand delivered on March 12, 2020. The person conducting the land -
disturbing activity shall install and maintain all permanent and temporary erosion control measures
in accordance with the provisions of Section 5-153 of the Town's S&E Ordinance. Civil Penalty
Per Section 5-1 S9(a) (1), a civil penalty of liventy five hundred dollars (S2,500) per day call be
assessed for failure to maintain permanent and:or temporary erasion control measures as
identified on the approved plan.
Current status of site: The Notice of Violation has been sent and once the stated deadline for repairs has
been reached an inspection will be made to determine if the site is in compliance with the Town S&E
Ordinance.
1, as Director of the Water Resources Department, have reviewed the information provided by Mr. James
Misciagno, CPESC, and Mrs. Jessica Bolin, PE, Environmental Engineering Manager. After considering
the degree and extent of harm caused by the violations and the cost of rectifying the damage, the amount
of money the violator saved by noncompliance, whether the violation was committed willfully, and the
prior record of the violator in complying or failing to comply with the Town's S&E Ordinance, I assess the
following civil penalty of Twelve Thousand Five Hundred dollars $12 500 .
I"—
ON.

Notice of Assessment
July 29, 2020
Page 2 of 3
The above civil penalty shall be paid within thirty (30) days after receipt of this notice. Please make
payment payable to the Town of Apex, Attn: Lindley Paynter, P.O. Box 250, Apex, NC 27502. If you wish
to contest this assessment, please provide written demand for a hearing within thirty (30) days after receipt
of this notice to the Town Clerk at P.O. Box 250, Apex, NC 27502. A hearing on a civil penalty shall be
conducted by the Town Board of Adjustment within thirty (30) days after the date of the written demand
for the hearing. The Town Board of Adjustment shall render its final decision on the civil penalty within
twenty (20) days after the close of the hearing record.
Alternatively, if you choose to stipulate to the facts on which this assessment was based and wish to request
remission of the civil penalty, then within sixty (60) days from the date of receipt of this letter, you must
file a written request for a remission of the civil penalty. The request is limited to consideration of the six
factors listed below and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment. Because a remission request forecloses the option of an administrative hearing,
such a request will not proceed without a waiver of your right to an administrative hearing and a stipulation
that there are no factual or legal issues in dispute.
If you choose to file a request for remission of the civil penalties, you must execute and return a waiver of
"Right to an Administrative Hearing and Stipulation of Facts" and a "Justification of Remission Request"
(both available upon request), which should provide additional information on the following factors that
shall be considered in determining whether a civil penalty remission request will be approved:
I . Whether one or more of the civil penalty assessment factors in GS 113A-64(a)(3) were wrongly
applied to the detriment of the petitioner.
2. Whether the petitioner promptly abated continuing environmental damage resulting from the
violation.
3. Whether the violation was inadvertent or a result of an accident.
4. Whether the petitioner had been assessed civil penalties for any previous violations.
5. Whether the payment of the civil penalty will prevent payment of necessary remedial actions or
would otherwise create a significant financial hardship.
6. The assessed property tax valuations of the petitioner's property upon which the violation occurred,
excluding the value of any structures located on the property.
You have the burden of providing information concerning the financial impact of a civil penalty and the
burden of showing any financial hardship.
All remission requests shall be submitted to the Town Clerk at P.O. Box 250, Apex, NC 27502. Upon
receipt the Town will forward them to Julie Coco, State Sediment Engineer, NC DEMLR. A hearing on
the remission shall be conducted by the North Carolina Sedimentation Control Commission and will be
scheduled once the information has been received.

Notice of Assessment
July 29, 2020
Page 2 of
Please contact me at 919-249-3413 or James Misciagno at 919-372-7470 if you have any questions or need
additional information.
Sincerely,
TOWN OF APEX
Michael Deaton, PE
Water Resources Director
Cc- Drew Havens
Laurie Hohe
Jessica Boli❑
James Misciagno
TowN of APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexne.org