WQCS00111_REMREQ_DV20200060070023_20200330

Mayor
J. Alan Peoples
Mayor Pro -tent
Bill Ingham
Board Members
Crys Armbrust
Chrelle Booker
Bill Crowell
March 1411, 2020
Town of Tryon
G. Landon Davidson
Office of the Town Manager
Zach 011is
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
2090 U.S. 70 Highway
Swannanoa, N.C. 28778
Town Manager
Zach 011is
Town Clerk
Susan Bell
Town Attorney
William Morgan
1
Water Quality Regional Operations
Asheville Regional Office
Subject: Written Request for Remission
Notice of Violation and Assessment of Civil Penalty
Violations of NC G.S. 143-215.1(a)(6) and Collection Permit No. WQCS00111
Town of Tryon
Tryon Collection System
Case No. DV-2020-006
Case No. DV-2020-006
Case No. DV-2020-0023
Polk County
Dear Mr. G. Landon Davidson,
Hope all is well. I am writing today to discuss our recent civil penalties and to ask for
remittance. The three case numbers outlined above have levied civil penalties totaling
$4,888.11 for the Town of Tryon. Each penalty is a $1,500 civil penalty with $129.37 in
enforcement costs. We are asking that your office forgive these penalties due this issue being
an accident that the Town of Tryon is already spending money to fix. I will also outline the steps
we haven taken to remediate the issues.
As proven in recent correspondence, the Town of Tryon is taking this matter seriously. We are
working to permanently fix this problem by utilizing plans designed by Withers & Ravenel to
solve the overflow issue and install a new line that can properly handle the flow.
To help alleviate the issues currently seen, the Town has performed a drastic amount of work to
prevent any future overflows. The Town paid $23,500 to pump and dredge the pond and install
dewatering bags for collection. The Town paid another $1,600 to construct a road in order to
perform this work. To the best of our knowledge, we have had no issue with the Braewick line
since the dredging project.
301 N. Trade Street • Tryon, North Carolina 28782
[phone] • Fax: [phone]
Tryon-no.com

The Town is working with Withers and Ravenel to apply for money through the Additional
Supplemental Appropriations for Disaster Relief Act, 2019 (ASADRA). We are hoping to put this
ASADRA money to use to help make much needed improvements to our infrastructure. This
would help tremendously in moving forward on fixing this issue. We did apply to an AIA grant
but we were turned down to high volume. We hoped to utilize this for mapping which the town
desperately needs. We will continue to look for grant opportunities to fund our needed
improvements.
Our capital improvement plan was placed in front of the Tryon Board of Commissioners in on
March 17th and approved to begin. We will plan to start the CIP in fiscal year 2020/2021. We
have previously given your office copies of the projects this CIP includes. The top priority is the
issue we are discussing today.
If you have any questions, please feel free to contact me.
Town Manager
Tryon, Nc
301 N. Trade Street • Tryon, North Carolina 28782
[phone] • Fax: [phone]
Tryon-nc.com

DocuSign Envelope ID: 877ACOC3-6DOD-46DF-8EA6-DOE99E650305
STATE OF NORTH CAROLINA
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Tryon
Tryon Collection System
PERMIT NO. WQCS00111
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2020-0006
Having been assessed civil penalties totaling $1,629.37 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 04, 2020, 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 remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the ��/ day of
SIGNATURE
ADDRESS
M
TELEPHONE
(may �s��

DocuSign Envelope ID: 877ACOC3-6DOD-46DF-8EA6-DOE99E650305
Case Number: DV-2020-0006
Assessed Party: Town of Tryon
Permit No.: WQCS00111
JUSTIFICATION FOR REMISSION REQUEST
County: Polk
Amount Assessed: $1,629.37
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited 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. Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
/ steps that you took to correct the violation and prevent future occurrences);
�( (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something yort could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will 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:

DocuSign Envelope ID: C2COB69E-0109-43C4-AEOB-8B2DE50BE78C
STATE OF NORTH CAROLINA
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Tryon
Tryon Collection System
PERMIT NO. WQCSOOI I I
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2020-0007
Having been assessed civil penalties totaling $1,629.37 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 04, 2020, 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 remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the // 2 — day of
ADDRESS
TELEPHONE

DocuSign Envelope ID: C2C0869E-0109-43C4-AEOB-8B2DE5DBE78C
Case Number: DV-2020-0007
Assessed Party: Town of Tryon
Permit No.: WQCS00111
JUSTIFICATION FOR REMISSION REQUEST
County: Polk
Amount Assessed: $1,629.37
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited 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. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
\ / detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
JS (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will 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:

DocuSign Envelope ID: DCDOCB8F-9346-44F4-9F70-29DABAF20F02
STATE OF NORTH CAROLINA
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Tryon
Tryon Collection System
PERMIT NO. WQCS0011I
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2020-0023
Having been assessed civil penalties totaling $1,629.37 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 14, 2020, 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 remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This theday of
SIGNATURE
ADDRESS
Ivt'
el
TELEPHONE
ISllllll!V_

DocuSign Envelope ID: DCDOCB8F-9346-44F4-9F70-29DABAF20FO2
Case Number: DV-2020-0023
Assessed Party: Town of Tryon
Permit No.: WQCS0011 I
JUSTIFICATION FOR REMISSION REQUEST
County: Polk
Amount Assessed: $1,629.37
Please use this form when requesting remission of this civil penalty. You must also complete the Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited 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. Pursuant to N.C.G.S. 4 14313-282. 1 (c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will 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: