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HomeMy WebLinkAboutNC0044423_Remission Decision (LV-2021-0276)_20211217 ROY COOPER Governor :i+ . -'' , ELIZABETH BISER . r Secretary ,, t S. DANIEL SMITH K---t%9 ftr + .-'; Director NORTH CAROLINA. Environmental Quality December 17, 2021 CERTIFIED MAIL#70181830000180368196 RETURN RECEIPT REQUESTED Daniel Gryder,Assistant Director of Facilitiy Operations Appalachian State University 265 Dale Street Boone,North Carolina 28608 SUBJECT:Partial Remission of Civil Penalties Civil Penalties for Case Number LV-2021-0276 Appalachian State University WTP,WPCS Grade PC-1 NPDES Permit NC0044423 Watauga County Mr.Gryder: The Division of Water Resources(DWR or the Division)has considered your information submitted in support of Appalachian State Universities' (ASU's)request to remit civil penalties in the subject case.The Director has granted partial remission. In accordance with NCGS 143-215.6A(f),the Division has modified the initial civil penalty of$915.26($812.50 civil penalty plus$102.76 enforcement costs)by granting 50%remission,retaining costs.Therefore,your outstanding balance of$509.01 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: Attention: Wren Thedford NCDEQ/DWR/SWPS/Point Source Branch NPDES Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Your payment must be submitted within thirty(30)days of this letter in accordance with NCGS §143-215.6A(f). If not received,your request for penalty remission(with its supporting documents),together with DWR's recommendations,will be delivered to the North Carolina Environmental Management Commission's(EMC's) Committee on Civil Penalty Remissions(the Committee)for final agency decision. OR ,g2M North Carolina Department of Environmental QualityDivision of Water Resources a l 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617—919.707.3616 2) 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 addressed,you must complete and return the enclosed form within thirty(30)days of receipt of this letter.Please mail completed form to: Attention: Bob Sledge NC DEQ/DWR/NPDES/Point Source Branch 1617 Mail Service Center Raleigh,NC 27699-1617 Your request for an oral presentation and supporting documents will be reviewed by the EMC Chairman and,if it is determined that there is a compelling reason to require an oral presentation by you,the Commission will notify you by certified mail of the date,time,and place for your oral presentation. Otherwise,the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your continued cooperation in this matter.If you have questions about this transmittal,please contact me at [joe.corporon@ncdenr.gov]. Sincerely, Joe R. orporon .G. Coma iance an xpedit d Permitting Unit Enclosed: Form-Request for Oral Presentation Attached: Remission Review and Decision—signed,for Case Number LV-2021-0276 ec: Enforcement File Case Number LV-2021-0276 Winston-Salem Regional Office(WSRO),Attn.Jenny Graznak,Lon Snider Central Files[Laserfiche] Page 2 of 3 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF WATAUGA ) DEQ Case Number LV-2021-0276 IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Appalachian State University WTP ) I hereby request to make an oral presentation before the Environmental Management Commission's 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: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/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 my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5)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 lawyers who are active members of the bar. Proceedings before the Committee on Remissions 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 governmental 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 and are granted an opportunity to make an oral presentation before the Committee,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 and are granted an opportunity to make an oral presentation before the Committee,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.Presentation of facts by non-lawyers is permissible. 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 ( ) Page 3 of 3