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NORTH CAROLINA
Environmental Quality
October 4, 2019
CERTIFIED MAIL #7018 1830 0001 8036 9728
RETURN RECEIPT REQUESTED
Michael D. Rhoney, P.E.
Water Resources Director
City of Asheboro
P.O Box 1106
Asheboro,NC 27204
SUBJECT: CIVIL PENALTY REMISSION REQUEST
City of Asheboro
Permit WQCS00025
Case DV-2019-0080
Randolph County
Dear Permittee:
The Division has considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and has decided to modify the initial civil penalty assessment of
$398.58 ($250.00 civil penalty plus $148.58 enforcement) to the total amount of$148.58 ($0.00 civil
penalty plus $148.58 enforcement).
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.
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 Melissa Abbott
at 919-707-3608 or [e-mail].
Sincerely,
Linda Culpepper
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy)&Request for Oral Presentation Sheet
cc: Enforcement File#:DV-2019-0081
WSRO Regional Office

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Randolph DWQ Case Number DV-2019-0080
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
City of Asheboro )
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( )

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2019-0080 Region: Winston Salem County: Randolph
Assessed Entity: City of Asheboro Permit: WQCS00025
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
114 (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:The City of Asheboro Water/Sewer Maintenance Department personnel responded
immediately to the SSO. The City began rodding efforts but were unsuccessful in stopping the
overflow. A bypass pump was set up so that cleaning operations could continue. A large amount of
panty hose,cloth rags and baby wipes were found. Rodding continued until enough debris was
removed so porcupines could be used to finish cleaning. Surrounding sections were also cleaned to
ensure no more debris present to reduce risk of another blockage.
DWR Response:Acknowledged, suggest 100 %remission of civil penalty only
(c) Whether the violation was-inadvertent or a result of an accident:
Permittee States:The City of Asheboro has identified the source of the blockage. Employees were
flushing inferior products so as not be penalized. The company has amended their policy to address
this issue.
DWR Response:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:
•
DECISION(Check One)
Request Denied ❑
Full Remission 317 Retain Enforcement Costs? Yes 0 No El

Original Penalty(without Enforcement Costs) $ (enter amount)
Partial Remission 0 % or$ (amount remitted)
Subtotal $
Retaining Enforcement Costs $ J'((is,8
Total Revised Assessment $ I1.2, 0
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