NC0022691_Remission (Request)_20140617

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E.Skvarla III
Governor Secretary
June 17, 2014
CERTIFIED MAIL ITEM 7010 2780 0003 4825 6588 - RETURN RECEIPT REQUESTED
Mr. Adam Motsinger
Apex Companies, LLC
136 Fairview Rd, Ste 125
Mooresville, NC 28117
SUBJECT: CIVIL PENALTY REMISSION REQUESTS
Autumn Forest MHC WWTP
Permit NCO022691
Cases LV-2014-0069 through LV-2014-0078
Guilford County
Dear Mr. Motsinger:
I have considered the information submitted in support of your requests for remission in the
subject cases. In accordance with NCGS 143-215.6A (0, I have decided to reduce the total civil
penalty assessments of$8,436.30 to the total amount of$5,036.30.
This remission of penalties represents a 50% reduction in the penalties originally assessed, based
upon your client's efforts to achieve permit compliance via facility upgrades. If you choose to pay
the reduced penalty, send payment to the letterhead address within thirty (30) days of receipt of
this letter. Please make the check payable to NC DENR.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your request for remission of the civil penalty (with supporting documents) and
my recommendation to deny the request will be delivered to the North Carolina Environmental
Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final
agency decision.
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 were asked to address, you must complete and
return the attached form within thirty (30) days of receipt of this letter. Please mail the completed
form to:
Mr. Charles H. Weaver
NC DENR/DWR/NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet:hltpJ/portal.ncdenr.org/web/wq
An Equal Opportunity 1 Affirmative Action Employer

NC0022691 Remission Decision
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Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your request for remission will be
made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
cere ,
Thomas A. Reeder, Director
Division of Water Resources
cc: Enforcement File
Winston-Salem Regional Office, Surface Water Protection
Central Files
Andrew Luter/Yes!AF Utilities Exp, LLC [2401 15th St, Ste 350, Denver, CO 80202]

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NCO022691 Remission Decision
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STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Guilford DWQ Case Numbers LV-2014-0069 to LV-2014-0078
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Yes!AF Utilities Exp, LLC )
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( )

NPDES Remission Request Summary and Recommendation 4
To: Thomas A.Reeder
From: Charles H.Weaver Date: 6/17/2014 Region:Winston-Salem
Reviewed by: Matt Matthews Date:
SWPS Section Chief(initials)
Assessed Party: Yes! AF Utilities,LLC/Autumn Forest MHC County:Guilford
Case: LV-2014-0069 through LV-2014-0078 Permit: NCO022691
Case Background and Assessments
• 8/8/2011 The Division issued Permit NCO022691 for Autumn Forest MHC.
• 9/13/2013 The Division agreed to settle three previous enforcement cases with the permittee. The
settlement agreement expires on 12/31/2014. The agreement requires facility upgrades to
bring the WWTP back into compliance with the permit.
• 5/19/2014 Division staff from the WSRO conducted a review of the April 2013,May 2013,and June
2013 DMRs submitted by the permittee;that review found effluent limit violations.
➢ The permittee was assessed a civil penalty of$1163.63 ($1000.00 civil penalty plus
$163.63 investigative costs) for violations during April 2013:case number LV-2014-
0069.
➢ The permittee was assessed a civil penalty of$713.63 ($550.00 civil penalty plus
$163.63 investigative costs)for violations during May 2013:case number LV-2014-
0070.
➢ The permittee was assessed a civil penalty of$1213.63($1050.00 civil penalty plus
$163.63 investigative costs)for violations during June 2013:case number LV-2014-
0071.
• 5/20/2014 Division staff from the WSRO conducted a review of the July 2013,August 2013,
September 2013,October 2013,and November 2013 DMRs submitted by the permittee;that
review found effluent limit violations.
➢ The permittee was assessed a civil penalty of$813.63 ($650.00 civil penalty plus
$163.63 investigative costs)for-violations during July 2013:case number LV-2014-
0072.
➢ The permittee was assessed a civil penalty of$713.63 ($550.00 civil penalty plus
$163.63 investigative costs)for violations during August 2013:case number LV-2014-
0073.
➢ The permittee was assessed a civil penalty of$413.63 ($250.00 civil penalty plus
$163.63 investigative costs)for violations during September 2013: case number LV-
2014-0074.
➢ The permittee was assessed a civil penalty of$1063.63 ($900.00 civil penalty plus
$163.63 investigative costs)for violations during November 2013:case number LV-
2014-0075.
• 5/21/2014 Division staff from the WSRO conducted a review of the December 2013,January 2014,
and February 2014 DMRs submitted by the permittee;that review found effluent limit
violations.
➢ The permittee was assessed a civil penalty of$1113.63 ($950.00 civil penalty plus
$163.63 investigative costs)for violations during December 2013:case number LV-
2014-0076.
➢ The permittee was assessed a civil penalty of$613.63 ($450.00 civil penalty plus
$163.63 investigative costs)for violations during January 2014:case number LV-2014-
0077.
➢ The permittee was assessed a civil penalty of$613.63 ($1050.00 civil penalty plus
$163.63 investigative costs)for violations during February 2014:case number LV-2014-
0078.
• 5/26/2014 Green card indicated delivery of assessment cases LV-2014-0069,LV-2014-0070, and LV-
2014-0071.
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