NC0023442_LV20170238_20170726

`Vater Resources
EY YIRONRENTAL QUALITY
Certified Mail # 70163560000044288332
Return Receipt Requested
July 26, 2017
Daniel Hutchinson
Boise Cascade Wood Products L L C
1111 W Jefferson St
Boise, ID 83728
SUBJECT Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G S ) 143-215 1(a)(6)
and NPDES WW Permit No N00023442
Boise Cascade Wood Products L L C
Moncure Plywood
Case No LV -2017-0238
Chatham County
Dear Permittee
ROY COOPER
Governor
MICHAEL S. PECAN
secrWary
S. ,SAY ZilMMERiv AN
Ddrft Or
RECEIVEDINCDEQIDWR
AUG -1 2017
Water Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $287.78 ($250 00 civil penalty +
$37.78 enforcement costs) against Boise Cascade Wood Products L L C
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Boise Cascade Wood Products L L C for the month of February 2017 This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found m NPDES WW Permit
No NCO023442 The violations, which occurred in February 2017, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Boise Cascade Wood Products L L C violated the terms,
conditions or requirements of NPDES WW Permit No NCO023442 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 Environmental Quality and the Director of the Division of Water Resources, I, Danny Smith, Regional
Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Boise Cascade Wood
Products L L C•
State of North Caiolma I Envuonmental Quality J Water Resouices
1628 Mail Service Center, Raler.-h, NC 27699-1628
919-791-4200

$000 0 of the 2 violations of 143-215 1(a)(6) and Permit No NC0023442, by discharging waste water into t
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone
$25000 1 of the 1 violations of 143-215 1(a)(6) and Perrmt No NC0023442, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc
$250 00 TOTAL CIVIL PENALTY
$37 78 Enforcement Costs
$287 78 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 fa_lmg 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 (30) days of receipt of this notice, you must do one of the following
(1) Subrmt payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative heanng
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (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
Wastewater Branch
Division of Water Resources
1617 Marl Service Cer_ter
Raleigh, North Carolina 27699-1617

Option 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 linuted 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 Resources 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 m 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 Water Resources 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 (Comnuttee) 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 Ri)zht to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request "
Both forms should be submitted to the following address
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: 1
4
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 Adnumstrative Hearings You must file the petition with
the Office of Adrninistrative Hearings within thirty (30) days of receipt of tlus notice A petition is considered filed
when it is received in the Office of Adirumstrative Hearings during normal office hours The Office of Adrmmstrative
Hearings accepts filings Monday through Friday between the hours of 8 00 a in and 5 00 p m , except for official state
holidays The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filmg fee is required by NCGS § 150B-23 2) is received in the
Office of Adnumstrative Hearings within seven (7) bus_ness days following the faxed or electronic transnussion You
should contact the Office of Administrative Hearings A ith all questions regarding the filing fee and/or the details of the
filingrp ocess
The mailing address and telephone and fax numbers for the Office of Admtnistrative Hearings are as follows
6714 Mail Serv_ce Center
Raleigh, NC 27699 6714
Tel (919) 4S1-3000
Fax [phone]
One (1) copy of the petition must also be served on DEQ as follows
Mr Wilham F Lane, General Counsel
Department of Environmental Quality
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/tune 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 Chenj Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at Cheng zhang@ncdenr gov
Sine�ei � ly,
y
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files
Brian Van Gelder, Moncure Plywood LLC, 306 Corinth Road, Moncure, NC 27559

ATTACHMENT A
Boise Cascade Wood Products L L C
CASE NUMBER- LV -2017-0238
PERMIT: NCO023442
FACILITY: Moncure Plywood
LIMIT VIOLATION(S)
SAMPLE LOCATION. Outfall 001 - Effluent
REGION: Raleigh
COUNTY: Chatham
Violation
Date
Report
Month/Yr
Parameter
Frequency
Unit of
Measure
Limit
Value
Calculated
Value
% Over
Limit
Violation
Type
Penalty
Amount
2/14/2017
2-2017
BOD, 5 -Day (20 Deg
2 X month
mg/I
45
48
67
Daily
$000
C) - Concentration
Maximum
Exceeded
2/28/2017
2-2017
BOD, 5 -Day (20 Deg
2 X month
mg/I
45
52
156
Daily
$000
C) - Concentration
Maximum
Exceeded
2/28/2017
2-2017
BOD, 5 -Day (20 Deg
2 X month
mg/I
30
3720
239
Monthly
$25000
C) - Concentration
Average
Exceeded

k,
CATI
Case Number: LV -2017-0238
Assessed Party: Boise Cascade Wood Products L L C
Permit No.: NC0023442 I
Please use this form when requesting remission of
Maiver of Right to an Administrative Hearing, and
You should attach any documents that you believe
evaluating your request for remission Please be
factors listed below as they may relate to the reas
remission is not the proper procedure for contestii
statements contained in the civil penalty assessme
penalty may be granted only when one or more of
believe applies to your case and provide a detaile
factor applies (attach additional pages as needed)
(a) one or more of the civil penalty
detriment of the petitioner (the asse
(b) the violator promptly abated
steps that you took to correct the
LIES
County: Chatham
Amount Assessed: $287 78
.vil penalty You must also complete the 'Request For Remission,
lation of Facts" form to request remission of this civil penalty
)rt your request and are necessary for the Director to consider in
that a request for remission is limited to consideration of the five
ableness of the amount of the civil penalty assessed Requestmg
g whether the violation(s) occurred or the accuracy of any of the factual
At document Pursuant to N C G S § 143B-282 1(c), remission of a civil
the following five factors apply Please check each factor that you
explanation, including copies of supporting documents, as to why the
,ment factors in N C G S 143B-282 1(b) were wrongfully applied to the
t factors are listed in the civil penalty assessment document),
environmental damage resulting from the violation (i e, explain the
on and prevent fiiture occurrences),
(c) the violation was inadvertent 4 a result of an accident (i e, explain why the violation was unavoidable or
something you could not prevent r prepare for),
(d) the violator had not been assessed civil penalties for any previous violations,
(e) payment of the civil penaldwill 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 ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Boise Cascade Wood Products L L C )
Moncure Plywood
PERMIT NO NCO023442 ) CASE NO. LV -2017-0238
Having been assessed civil penalties totaling $287 78 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 26, 2017, 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 Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a renussmon request will be allowed after (30) days from the receipt of the
notice of assessment
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20