NC0023299_Remission (Decision)_20190514

ROY COOPER
Goi ernes
MICHAEL S. REGAN
Secrela v
LINDA CULPEPPER
Dn ecror
NORTH CAROLINA
Environmental Quality
May14, 2019
CERTIFIED MAIL #7003 2260 0005 5380 5176
RETURN RECEIPT REQUESTED
Yes WI Utilities Exp LLC [Yes Utilities]
c/o Apex Companies, LLC
Eric J. Wysong
10610 Metromont Parkway, Suit 206
Cchrlotte, North Carolina 28269
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Case Numbers LV-2019-0033 and 0034
Woodlake MBP WWTP
NPDES Permit NCO023299
Gilford County
Dear Mr. Wysong:
The Division has considered the information you submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and has decided to remit penalties by 50% [retaining assessment
costs]. Your assessments in the subject cases totaling $1,054.78 have therefore been reduced by $450.00
for a total amount due of $604.78.
Should you choose to pay the modified penalty, payment should be tendered to me at the letterhead
address within thirty (30) days of receipt of this letter. Please make checks payable to the Department of
Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,
which is comprised of members of the Environmental Management Commission. The Committee may
consider such requests and render final and binding decisions in these matters. You may argue your
request before the Committee, and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee, please notify me at the letterhead address
within thirty (30) days of the receipt of this letter. Your request will be placed on the agenda of an
upcoming Committee meeting, and you will be notified of the date and time. If the Division does not
receive a response regarding this notice, Division staff will automatically place your case on the agenda
of a future Committee meeting.
;. Q
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

Thank you for your cooperation in this matter. If you have any questions, please contact me, Joe R.
Corporon, PG at joe.corporongncdenr. oovv or call my direct line 919-707-3617.
R. CorvoroC PG
and Enforcement Unit
Attachment: DWR Civil Assessment,Wmission Factor Sheet (copy) & Request for Oral Presentation Sheet
cc: Enforcement File #: LV-2019-0033, and LV-2019-0034
Winston Salem Regional Office
Central Files

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Gifford DWQ Case Numbers LV-2019-0033 and 0034
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Yes WI Utilities Exp LLC [Yes Utilities] )
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
SIGNATURE
day of
20
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Numbers: Region: FayetteviHle County: Gilford
Assessed Entity: YES Utile_ties WWTP -- Permit: NC00�3299
dba Woodlake AIW WWTP
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
PermitteeStates. [NOTASERTED I
DWR Response:
X (b) Whether the violator promptly abated continuing environmental damage:
Permittee States: Although startup forced the resolution of unforeseen issues, environmental impact was
minimized by efficient progress during the installation of new facilities and support equipment.
DWR Response: WSRO commends the Permittee and Consultant for visiting the Regional Office
prior to startup, and for working regularly with WSRO during the project to address status and
compliance. The Engineer met the Region onsite for inspections. The compliance history indicates
a subsequent NOV for BOD-5 limits in Dec2018 [3 each DM] and a NOD for BOD-5 [Jan2019
MA=10.71 but within the tolerance of assessment discretion — no further action recommended.
X (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Violations were inadvertent due to unforeseen conditions during new construction
and at startup.
DWR Response. DWR concurs that this is a reasonable assessment
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: [NOT ASERTED]
DWR Response.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
Permittee States: [NOT ASERTED]
DWR Response:
DECISION (Check One)
Request Denied ❑
Full Remission ElRetain ��Enforcement Costs? Yes CI No El
Partial Remission® ®tJ (Enter Amo
of for Linda Culpepper Date

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