NC0021491_LM-2021-0055 Remission Denied_20220419

ROY COOPER
Governor
ELIZABETH BISER
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Errwtronmerrtai Quality
April 19, 2022
CERTIFIED MAIL: 7019 1120 0001 4877 5416
William J. Marklin, III, Mayor
Town of Mocksville
c/o Ken Gamble, Town Manager
171 S Clement Street
Mocksville North Carolina 27504
Subject: Your Request for Remission Denied
Civil Penalties for Case Number LM-2021-0055
For Dutchman Creek WWTP
NPDES Permit NC0021491
Davie County
Mr. Gamble:
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 finds no reason to remit penalties (see attached).
Your outstanding balance of $22,710.54 reflects no remission of original penalties [$22,500.00
plus $210.54 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 Depaiiment 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.
�D_EQ North Carolina Department of Environmental Quality I Division of Water Resources
l/ N Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 — 919.707.3616

Town of Mocksville, Dutchman Creek WWTP
c/o Ken Gamble, Town Manager
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 to:
Attention: Bob Sledge [[e-mail]]
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 [[e-mail]].
Sincerely,
Joe ' . Corporo , P.G.
Co pliance ar d Expe. ted Permitting
Attachments: Director's Decision; Civil Penalty Remission Factors - Summary and Signature Page
Request for Oral Presentation form
Attachment: Form - Request for Oral Presentation
ec: WSRO Jenny Graznak, Lon Snider, Supervisor SWPS
NPDES Enforcement File LV-2020-0055
DWR Wren Thedford, Charles Weaver
Laserfiche

Town of Mocksville, Dutchman Creek WWTP
c/o Ken Gamble, Town Manager
ATTACHMENT:
STATE OF NORTH CAROLINA ) ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Davie ) DEQ Case Number LM-2021-0055
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Mocksville, Dutchman Creek WWTP )
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 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.

Town of Mocksville, Dutchman Creek WWTP
c/o Ken Gamble, Town Manager
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 (Responsible Official)
ADDRESS
TELEPHONE ( )

Town of Mocksville, Dutchman Creek WWTP
c/o Ken Gamble, Town Manager