NC0071897_Email_20200206

Strickland, Bev
From: Davidson, Landon
Sent: Thursday, February 6, 2020 2:24 PM
To: Ryan Crummie
Cc: [e-mail]; Boss, Daniel J
Subject: RE: [External] RE: NC Div. of Water Resources - Outstanding penalty balance
Thank you Mr. Crummie for considering our offer and again for providing the documentation regarding costs for repairs
and replacement of treatment units. Based on the factors of each site, which I'm very familiar with since my tenure with
this part of the program, I cannot support a fine reduction greater than the 20 percent of the penalty. I believe our offer
to be very fair considering and 20% represents the maximum reduction from the Director's office so to expedite this
process, I made the 20% our first offer.
Please note that if you decide to accept this settlement offer, we can work out a payment schedule so the total fine is
not due in a single payment. Please let me know if you accept or decline this offer within 10 days.
Regards,
Landon
G. Landon Davidson, P.G.
Regional Supervisor —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson (a)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
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From: Ryan Crummie [mailto:[e-mail]]
Sent: Thursday, February 6, 2020 12:31 PM
To: Davidson, Landon <[e-mail]>
Cc: [e-mail]; Boss, Daniel J <[e-mail]>
Subject: RE: [External] RE: NC Div. of Water Resources - Outstanding penalty balance
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[e-mail]
Landon:
Thank you for your response. We really appreciate you working with us on this. As you may recall, we had a fire at our
other facility in Marion and have some lost wages that we're having some issues recovering from the insurance
company. Also, having just paid property taxes, the company is really short on available funds. With the amount I am
1

holding and the amount available from the company we were able to come up with $18,000.00 in available funds. Could
you see if we could work with this amount as a settlement? Thanks,
Ryan G. Cason Crummie
CASON CRUMMIE LAW FIRM, PLLC
201 N. Front St. Ste 408
Wilmington, NC 28401
Office: 910-769-3789
Mobile: [phone]
Email: [e-mail]
From: Davidson, Landon <[e-mail]>
Sent: Monday, February 3, 2020 11:07 AM
To: Ryan Crummie <[e-mail]>
Cc: [e-mail]; Boss, Daniel J <[e-mail]>
Subject: RE: [External] RE: NC Div. of Water Resources - Outstanding penalty balance
Good morning Mr. Crummie,
Thank you again for providing the cost data and documentation to us which we have considered in addition to your
point regarding assessment after March 2018. I've discussed your offer to settle ($15,000) with upper management and
have been granted authority to continue negotiations. As a point of clarification, DWR does not negotiate enforcement
costs, only the penalty portion of the civil penalty assessment. Enforcement costs for both facilities for all outstanding
penalties total $9,723.69, $5,057.63 of which was incurred after March 2018.
In consideration of all these points, our counter offer totals $21,701.19 (total enforcement costs $9,723.69 + 20% of
outstanding penalty $11,977.50) to resolve all outstanding penalties for Mtn. View (NC0074110 and He. Assisted Living.
(NC0071897).
Thanks.
G. Landon Davidson, P.G.
Regional Supervisor —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson a-ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Subscribe to Collection System & Sewer Permitting Updates
NC DEQ permits handbook
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Ryan Crummie [mailto:[e-mail]]
Sent: Monday, January 27, 2020 2:54 PM
To: Davidson, Landon <[e-mail]>

Cc: [e-mail]; Boss, Daniel J <[e-mail]>
Subject: RE: [External] RE: NC Div. of Water Resources - Outstanding penalty balance
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[e-mail]
Landon/ Dan:
In looking through my emails, it appears that Brooks Engineering was retained in March of 2018 to help us begin the
process of updating/replacing our water treatment systems. After Mr. Brooks' initial work, he advised that we needed to
hire a soil scientist to determine our options. We retained Land Resource Management in the summer of 2018 and they
had completed their work by October 31, 2018. We then consulted adjacent land owners and Mr. Brooks regarding our
options and made a decision based on said options. In December of 2018 we hired Mack Industries for purchase of the
new equipment. After confirming whether we needed permit approval, Mr. Brooks moved forward with getting bids for
installation of the new equipment from contractors. Getting bids from contractors proved to be more time consuming
than we anticipated, as only two contractors bid on the job and both were busy with other projects. We hired Water
Management to install the equipment in July of 2019, however, Mr. Gaskins for Water Management was not able to
start the project until October of 2019. The following is a summary of costs:
Brooks Engineering Associates: $39,714.83
Land Resource Management: $5,400.00
Mack Industries: $79,400.00
Water Management: $41,220.00
Tota 1: $165,734.83
These costs doesn't include legal fees, septic and drain services and water testing which were tens of thousands more.
Please let me know if you require additional information. Mizpah Properties did everything it could do to allocate
resources and move this project forward as quickly as it could. Fortunately, the results are better than anticipated. We
do not think we should be penalized during the time we were working to correct this issue and update these systems, at
great financial expense. We are committed to compliance and have taken every available measure to ensure that we
remain compliant in the future. We thank you for your assistance and attention to this matter.
Ryan G. Cason Crummie
CASON CRUMMIE LAW FIRM, PLLC
201 N. Front St. Ste 408
Wilmington, NC 28401
Office: 910-769-3789
Mobile: [phone]
Email: [e-mail]
From: Davidson, Landon <[e-mail]>
Sent: Thursday, January 23, 2020 4:23 PM
To: Ryan Crummie <[e-mail]>
Cc: [e-mail]; Boss, Daniel J <[e-mail]>
Subject: RE: [External] RE: NC Div. of Water Resources - Outstanding penalty balance
Rya n,
Thanks, no issue on getting this information to us on Monday.
Regards,
Landon

G. Landon Davidson, P.G.
Regional Supervisor —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson (a)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Subscribe to Collection System & Sewer Permitting Updates
NC DEO Dermits handbook
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Ryan Crummie [mailto:[e-mail]]
Sent: Thursday, January 23, 2020 4:22 PM
To: Davidson, Landon <[e-mail]>
Cc: [e-mail]; Boss, Daniel J <[e-mail]>
Subject: Re: [External] RE: NC Div. of Water Resources - Outstanding penalty balance
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Landon/ Dan:
The only bills I didn't have were for Brooks Engineering (as he was retained first). Jim, in their office, handles bills and is
out until Monday. On Monday he will send me all of their paid invoices so I can complete my list. I hope this delay
doesn't cause too much inconvenience. Thanks
Ryan G. Cason Crummie
CASON CRUMMIE LAW FIRM, PLLC
201 N. Front Street, Ste. 408
Wilmington, NC 28401
[phone] (ph)
[phone] (m)
[e-mail]
On Jan 17, 2020, at 2:58 PM, Davidson, Landon <[e-mail]> wrote:
Mr. Crummie,
Tuesday (215Y) morning and Wednesday (22nd) afternoon area available. Thanks.
Landon
G. Landon Davidson, P.G.
Regional Supervisor —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources

828 296 4680 office
828 230 4057 mobile
Landon. Davidson a-ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Subscribe to Collection System & Sewer Permitting Updates
NC DEQ permits handbook
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Ryan Crummie [mailto:[e-mail]]
Sent: Friday, January 17, 2020 2:06 PM
To: Davidson, Landon <[e-mail]>; [e-mail]
Cc: Boss, Daniel J <[e-mail]>
Subject: [External] RE: NC Div. of Water Resources - Outstanding penalty balance
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Landon/ Daniel:
Could you please let me know a good day and time to discuss this matter. Thanks,
Ryan G. Cason Crummie
CASON CRUMMIE LAW FIRM, PLLC
201 N. Front St. Ste 408
Wilmington, NC 28401
Office: 910-769-3789
Mobile: [phone]
Email: [e-mail]
From: Davidson, Landon <[e-mail]>
Sent: Friday, January 17, 2020 10:57 AM
To: Ryan Crummie <[e-mail]>; [e-mail]
Cc: Boss, Daniel J <[e-mail]>
Subject: NC Div. of Water Resources - Outstanding penalty balance
Mr. Crummie and Ms. Crawley,
The purpose of this email is to notify you of the outstanding balance of civil penalties for the following
facilities having discharge (NPDES) permits:
He. Assisted Living (NC0071897) - $41,265.51
Mtn. View Assisted Living (NC0074110) - $26,920.68
The Asheville Office has not pursued collections at this stage due to previous, cursory discussions of
potential settlement. While we recognize the recent and substantial investment in both facilities and are
encouraged by your ORC selection and recent analytical results, resolving the outstanding balances are
necessary.

Please feel free to contact me if you should have further questions and wish to discuss details of the
balance.
Regards,
Landon
G. Landon Davidson, P.G.
Regional Supervisor —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson amcdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Subscribe to Collection System & Sewer Permitting Updates
NC DEQ permits handbook
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.