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Home My WebLink AboutNC0005762_LV-2005-0242_20050801Yancy D Helton West Point Stevens Inc PO Sox 338 Wagram, NC 28396 SUBJECT: Dear Mr. Helton: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 1, 2005 Payment Acknowledgment Civil Penalty Assessment Wagram plant Permit Number: NC0005762 Case Number: LV-2005-0242 Scotland County RECEIVED AUG 0 2 2005 DENR - FAYET1EVILLE REGIONAL OFFICE This letter is to acknowledge receipt of check number 9143 in the amount of $558.28 received from you dated July 22, 2005. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Dawn Jeffries at 919-733-5083 Ext. 595. Sincerely, LLW 644-1/4-1-/ •-Frances Candelaria cc: Dl,WQf,rEayetteviE11e P.egio� ria 4ffce..sSS1uge l sDr Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 No Carolina (turally fi WESTPOINT STEVENS INC. BOB STEVENS PLANT P.O. BOX 388 WAGRAM, NC 28396 FIRST BANK LAURINBURG, NORTH CAROLINA 28352 66-456-531 PAYNorth Carolina Dept. Of Environmental & Natural Resources OF ORDERER OF Five Hundred Fifty -Eight and 28/100**************"******************************"******************************„*** MEMO 7/22/2005 $ *"558.28 NPDES Permit - NC 0005762 9143 DOLLARS IVP 000009 /4311' 4053 L045681: 44L761,060 Details on back. WESTPOINT STEVENS January 16, 2004 Point Source Compliance/Enforcement North Carolina Department of Environment And Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 DENS®F¢ JUL L2005 RE: WestPoint Stevens Wagram Facility (NPDES Permit No. NC0005762) Notice of Violation and Assessment of Civil Penalty Case No. LV-2005-0242 Dear Sir or Madam: Please find enclosed check number 9143 dated July 22, 2005, for $558.28. This payment is for an assessment of civil penalty ($500.00) and enforcement costs ($58.28) associated with fecal coliform violations in March 2005, NPDES Permit Number NC0005762, Case No. LV 2005- 0242. Please acknowledge receipt of this check to: Yancy D. Helton WestPoint Stevens P.O. Box 388 Wagram, NC 28396 <or> Via email to: helton.yancy@wpstv.com At WestPoint Stevens we are committed to maintaining compliance with all underlying applicable regulations and actively take steps to address any compliance concerns if they arise. S. Ce ely, Co ' es: Mr. Belinda Henson, NCDENR-DWQ, 225 Green Street —Suite 714 Fayetteville, NC 28301-5043 Mr. Chris Zodrow Environmental Department Mr. Parker Harris Mr. Wesley Adams POST OFFICE BOX 388, WAGRAM, NORTH CAROLINA 28396 • AREA 910 369-2231 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr.Yancy D Helton West Point Stevens Inc PO Box 338 Wagram, NC 28396 SUBJECT: Dear Mr. Helton: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 20, 2005 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NC0005762 West Point Stevens Inc Wagram plant Case No. LV-2005-0242 Scotland County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $558.28 ($500.00 civil penalty + $58.28 enforcement costs) against West Point Stevens Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by West Point Stevens Inc for the month of March 2005. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0005762. The violations which occurred in March 2005 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that West Point Stevens Inc violated the terms, conditions or requirements of NPDES Permit NC0005762 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). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Belinda S. Henson, Division of Water Quality Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against West Point Stevens Inc: 225 Green Street Fayetteville, NC 28301 (910) 486-1541 Customer Service 1 800 623-7748 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr.Yancy D Helton West Point Stevens Inc PO Box 338 Wagram, NC 28396 SUBJECT: Dear Mr. Helton: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 20, 2005 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NC0005762 West Point Stevens Inc Wagram plant Case No. LV-2005-0242 Scotland County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $558.28 ($500.00 civil penalty + $58.28 enforcement costs) against West Point Stevens Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by West Point Stevens Inc for the month of March 2005. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0005762. The violations which occurred in March 2005 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that West Point Stevens Inc violated the terms, conditions or requirements of NPDES Permit NC0005762 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). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Belinda S. Henson, Division of Water Quality Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against West Point Stevens Inc: 225 Green Street Fayetteville, NC 28301 (910) 486-1541 Customer Service 1 800 623-7748 $500.00 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0005762, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FECAL COLIFORM. $500.00 TOTAL CIVIL PENALTY $58.28 Enforcement Costs $558.28 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. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 the Division of Water Quality 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) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 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, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Dan Oakley, General Counsel Department of Environment and Natural Resources 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. If you have any questions, please contact the Water Quality staff of the Fayetteville Regional Office at 910-486-1541. Sincerely, ‘4e..Enti;a0-3, . tva-thAD Belinda S. Henson Water Quality Regional Supervisor Fayetteville Regional Office ATTACHMENTS cc: Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2005-0242 Assessed Party: West Point Stevens Inc Permit No. (if applicable): NC0005762 County: Scotland Amount Assessed: $558.28 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 maybe granted only when one or more of the following five factors applies. 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Scotland West Point Stevens Inc IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Wagram plant PERMIT NO. NC0005762 WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2005-0242 Having been assessed civil penalties totaling $558.28 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 20, 2005, 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 Quality 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 ATTACHMENT A West Point Stevens Inc CASE NUMBER: LV-2005-0242 PERMIT: NC0005762 FACILITY: Wagram plant COUNTY: Scotland REGION: Fayetteville Limit Violations MONITORING OUTFALLI PENALTY REPORT PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF CALCULATED % OVER MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $250.00 3-2005 001 Effluent FEC COLI 03/01/05 Weekly #/100m1 400 3,500 775.00 Daily Maximum Exceeded $250.00 3-2005 001 Effluent FEC COLI 03/03/05 Weekly #/100m1 400 800 100.00 Daily Maximum Exceeded DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: West Point Stevens Inc County: Scotland Case Number: LV-2005-0242 V1 ASSESSMENT FACTORS 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; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; LAr The cost of rectifying the damage; t5)' The amount of money saved by noncompliance; t6) Whether the violation was committed wilfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and `mil The cost to the State of the enforcement procedures. letifia0 9'6_414-6.-") Date Belinda S. Henson Water Quality Regional Supervisor Fayetteville Regional Office EFFLUENT m CERTIFIED LABORATORIES (1) /e Wits -trials -- CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES GgoR 9F Mail ORIGINAL and ONE COPY tizi • ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 50050 MGD 3 3,g69 a,/`47 3, 5t20 3, 620 <2.L37 S 7 3,825 mom 00400 UNITS 21 gtl g4 if { x: Y,3 7,'7 Coin(}/:Gran (G)' NPDES PERMIT NO. N t . 'gooS76 Z DISCHARGE NO. / e'4 / MONTH in r? M C �- YEAR' ,200 5 FACILITY NAME t) 1-fo/N Ste i)FN5 OPERATOR IN RESPONSIBLE CHARGE (ORC) CTEisniknl 0 CLASS_, COUNTY SSE 7147/t, d a GRADE PHONE Fit.)- 3 6 F- y/8� t) �,' s �l ass �.s4o (2) /291 ceod:f-e- 2- 6 BR o /v..1 (S ATURE OF OPERA OR IN RESPE CHARGE) DATE IS SIGNATURE, I CERTIFY THAT THIS •1 . • ORT IS CURATE AND COMPLETE TO THE BEST 0 KNOWLEDGE. 00310 00610 00530 31616 00300 00600 ENTER PARAMETER CODE ABOVE W W u W z• W NAME AND UNITS BELOW AV ZO dAO >W d� ¢O o CO F,zA IiI .aC7 E. O E-,°s�Na OaW, o� oa Oa z �afrAer o F- Fo A a lbs,/daK b�d� 5006.0; UG/L Monthly Limit DWQ Form MR-1 (01/00) &to [ L- 3,29 8 /.3c6. #/100ML 1 7a 2. s a4 2- 558 .,toil So ,877 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements Compliant Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time -table for improvements to be made. -L.PZ 5-4-MPe S a-Ltec i' a9 c) 3// ,4444 3/3 /yew, etimpc S iJBS � i re3 r3 11-/C7265- C«& Pc-• 01-.vr /111'0 °% ?fr 122v,Vrog Ly fin- ` w?� Cam PL: RAT /1-7- i / Cii. /Co 1 t "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." VAAici' L)a HFLT U Permittee (P Sig 0. AD,A 38g WA-9AArni� Permittee Address e o ' ermittee** ired) 9/0 — 36 - Y//I Phone Number 1/72-545-- Date Zoo Permit Exp. Date 00010 00076 00080 00082 Temperature Turbidity Color (Pt -Co) Color (ADMI) 00556 00600 00610 00625 00095 Conductivity 00630 00300 Dissolved Oxygen 00310 BOD5 00665 00340 COD 00720 00400 pH 00745 00530 Total Suspended 00927 Residue 00929 00545 Settleable Matter 00940 PARAMETER CODES Oil & Grease Total Nitrogen Ammonia Nitrogen Total Kjeldhal 01027 Nitrogen Nitrates/Nitrites 00951 01002 01032 01034 Total Phosphorous Cyanide 01037 Total Sulfide 01042 Total Magnesium 01045 Total Sodium 01051 Total Chloride 01062 Total Fluoride Total Arsenic Cadmium Hexavalent Chromium Chromium Total Cobalt Copper Iron Lead Molybdenum 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 71900 81551 Formaldehyde Mercury Xylene Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. C Q 6 d' * ORC must visit facility and document visitation of facility as required per 1 5A IC41C, ** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). Owner: West Point Stevens Inc Facility: Wagram plant Permit: NC0005762 Region: Fayetteville County: Scotland Permit Enforcement History by Owner 07/19/05 1 Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed WQ-1989-0014 06/01/89 $8,500.00 $392.64 8,00 07/17/89 08/03/89 $.00 $.00 $8,892.64 $.00 No 08/31/89 WQ-1989-0018 08/03/89 $48,000.00 $364.83 $.00 09/26/89 10/19/89 $.00 $.00 $48,364.83 $.00 No 11/29/89 LV-1992-0008 03/26/92 $3,750.00 $156.40 $.00 04/28/92 06/04/92 $750.00 $.00 $3,156.40 $.00 No 07/26/92 LT-1997-0002 03/17/97 $500.00 $.00 $.00 $500,00 $.00 No 04/25/97 LV-1997-0040 04/23/98 $9,000.00 $288.56 $.00 06/02/98 08/05/98 $1,800.00 $7,488.56 $.00 No 10/08/98 TX-2000-0040 06/27/00 $1,000.00 $24.24 $1,024.24 $.00 No 07/24/00 LV-2001-0509 12/17/01 $250.00 $75.21 $325.21 $.00 No 01/14/02 LV-2001-0540 12/19/01 $250.00 $75.21 $325.21 $.00 No 01/14/02 LV-2002-0078 04/08/02 $500.00 $75.21 $575.21 $.00 No 05/03/02 LV-2002-0451 09/17/02 $1,500.00 $75.21 $1,575.21 $.00 No 10/22/02 LV-2002-0466 09/23/02 $1,750.00 $75.21 $1,825.21 $.00 No 10/22/02 LV-2003-0063 01/31/03 $500.00 $63.35 $563.35 $.00 No 02/24/03 LV-2003-0336 12-2002 04/01/03 $250.00 $63.35 $313.35 $.00 No 04/25/03 LV-2003-0519 4-2003 07/30/03 $1,750.00 $63.35 $1,813.35 $.00 No 08/28/03 LV-2003-0565 5-2003 08/26/03 $1,750.00 $63.35 $1,813.35 $.00 No 09/18/03 LV-2003-0837 9-2003 12/30/03 $750.00 $58.28 $808.28 $.00 No 01/22/04 Total Cases: 16 $80,000.00 $1,914.40 $79,364.40 $.00 Total Penalties: $81,914.40 Total Penalties after remisslon(s): $79,364.40 Re oriMo., . •_-'Permd "4n�i� }}`,:Loeatron ��ol Cafegoty -` Pa[ameter ? Date. t Decnption. j TotalDoltar 03-2005 NC0005762 001 Effluent ;Limit Violation !Coliform Fecal ._ ID3103I2005 Daily Maximum Ex..4250.00 03-2005 'NC0005762 001 Effluent [mitViolation;Conform, Fecal iO3t01I2005 Daily Maximum Ex...4250 00 �?ROAssessed "COAs`se5sed'"; forcemenIContact:Helton Yancy D. LetterSaiuiation: Mr. Helton ti � Regional pirtait Henson Belinda S