HomeMy WebLinkAboutNC0070734_Regional Office Historical File Pre 2018 To: Permits and Engineering Unit
Water Quality Section
Date: March• 30 , 1992
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Gaston
NPDES Permit No. : NC0070734
MRO No. : 92-51
PART I - GENERAL INFORMATION
1 . Facility and Address : Bobby and Lisa Ransom
Single Family Residence
3902 Pineview Drive
Gastonia , North Carolina 28056
2 . Date of Investigation: March 30 , 1992
3. Report Prepared By: Kim H. Colson, Environmental Engineer I
4 . Person Contacted and Telephone Number : Bobby Ransom, (704)
824-4700
5 . Directions to Site: From the intersection of NC Hwy 279 (New
Hope Road) and SR 2634 (Southwood Drive) southeast of the City
of Gastonia, travel south on SR 2634 approximately 0 . 1 mile
and turn left onto SR 2633 (Pineview Drive) . Travel
approximately 0. 45 mile. The Ransom residence is located at
the end of SR 2633 on the left side of the cul-de-sac.
6 . Discharge Point(s ) , List for all discharge Points : -
Latitude: 35° 12 ' 58"
Longitude: 81° 06 ' 24"
Attach a USGS Map Extract and indicate treatment plant site
and discharge point on map.
USGS Quad No. : G14NE USGS Quad Name: Belmont , NC - SC
7 . Size ( land available for expansion and upgrading) : There is
limited land available for expansion and upgrading .
8. Topography (relationship to flood plain included) : Moderate
slopes ; the WWTP does not appear to be located within the 100
year flood plain.
9. Location of Nearest Dwelling: One dwelling is located within
150 feet .
Page Two
10. Receiving Stream or Affected Surface Waters : UT Catawba Creek
a. Classification: C
b. River Basin and Subbasin No. : Catawba 030836
c . Describe receiving stream features and pertinent
downstream uses : General "C" classification uses ; the
receiving stream is a small (7Q10=0) stream with a rocky
bottom and moderate stream gradient .
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1 . Type of Wastewater : 100% Domestic
0% Industrial
a. Volume of Wastewater : 0.0004 MGD (Design Capacity)
b. Types and quantities of industrial wastewater : N/A
c. Prevalent toxic constituents in wastewater : N/A
d. Pretreatment Program (POTWs only) : N/A
2 . Production Rates ( industrial discharges only) in Pounds per
day : N/A
a. Highest month in past 12 months : lbs/day
b. Highest year in the past 5 years : lbs/day
3. Description of Industrial Process ( for industries only) and
Applicable CFR Part and Subpart : N/A
4. Type of Treatment ( specify whether proposed or existing) :
Existing treatment consists of a septic tank , subsurface sand
filter , tablet type chlorination, chlorine contact tank, and
cascade aeration.
5 . Sludge Handling and Disposal Scheme: Sludge will be pumped by
a private septage pumping facility.
6. Treatment Plant Classification: Less than 5 points ; no
rating ( include rating sheet) . No rating .
7 . SIC Code(s ) : 9999
Wastewater Code(s) :
Primary: 04
Secondary :
Main Treatment Unit Code: 45007
Page Three
PART III - OTHER PERTINENT INFORMATION
1 . Is this facility being constructed with Construction' Grants
Funds (municipals only)? N/A
2. Special monitoring requests : See below.
3. Additional effluent limits requests : N/A
4 . Air Quality and/or Groundwater concerns or hazardous waste
utilized at this facility that may impact water quality, air
quality or groundwater? There are no known Air Quality ,
Groundwater , or Hazardous Waste concerns .
5 . Other : N/A
PART IV - EVALUATION AND RECOMMENDATIONS
The permittee , Bobby Ransom, has applied for NPDES permit
renewal for the WWT facilities serving the permittee' s single
family residence.
It is recommended that the Permit be renewed with monitoring
in accordance with the proposed general permits for single family
residences .
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Signature of Report Preparer Date
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Water Quality Re onal Supervisor Date
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State of North Carolina DIVISION CF FNVIRONMENTAI MANAGEMENT
I V Department of Environment, Health and Natural kiiiiiii4e4EGIOUL all"
Division of Environmental Management
512 North Salisbury Street.Raleigh,North Carolina 27604
James G. Martin, Governor George T. Everett,Ph.D.
William W. Cobey,Jr., Secretary Director
March 18, 1992
Mr. BOBBY C. RANSOM,JR.
BOBBY C. &LISA RANSOM
3902 PINEVIEW DRIVE
GASTONIA, NORTH CAROLINA 28056
Subject: Application No. NC0070734
BOBBY C. &LISA RANSOM
SFR
Gaston County
Dear Mr. RANSOM,JR.:
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and
supporting materials received on March 18, 1992. This application has been assigned the number
shown above. Please refer to this number when making inquiries on this project.
Your project has been assigned to Mack Wiggins for a detailed engineering review. A technical
acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30)
days,please contact the engineer listed above.
Be aware that the Division's regional office,copied below, must provide recommendations from the
Regional Supervisor for this project prior to final action by the Division.
If you have any questions,please contact Mack Wiggins at (919) 733-5083.
Sincerely,
C?gr-c ec'e0.714AL(t
/at_id. Dale Overcash, P.E.
Supervisor, NPDES Permits Group
cc: Mooresville Regional Office
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083
An Equal Opportunity Affirmative Action Employer
AA\ad'
rROLINA
DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
ENTAL MANAGEMENT COMMISSION
POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NIIMIER
ION FOR PERMIT TO DISCHARGE - SHORT FORM G FOR B1_ol7101-7I3IV
AGENCY
USE DATE RECEIVED
only by services. wholesale and retail trade, l02 1 Oi 3 I / l�
and other commercial establishments including vessels
YEAR NO. DAY
C). # 30V �
Do not attempt to complete this form without reading the accompanying instructions ,$/,It) 'O7)
Please print or type ��D
1. Name, address, and telephone number of facility producing discharge
A. Name AAzy G' 1S /?N.. olrt- A/V•4 Go/A- Z/-14 /<,
B. Street address J5' 7/>VG Vie w Die
C. City CZ/1S-�o rvitt D. State Ail C
E. County g.,4 <rioAi F. 21P �,,PGS"6
G. Telephone No. .70 4,1, e:9:12 IL7°O
Area
Code
2. SIC ■■■■
(leave blank) ,� /
3. Number of employees aAt //--
4. Nature of business /v,,//1�O l�Se /5o2oC '� .�! /li, i ;-e_ /�,q/nl 1 � /�esU(; en,c
5. (a) Check here if discharge occurs all rear df; or J
(b) Check the month(s) discharge occurs: N Iy
1.0 January 2.O February 3.0 March 4.0 April 5.0 Nay m
6.0 June 7.0 July 8.0 August 9.0 September 10.0 October �cfn rn
11.0 November 12.0 December co P')�I m
(c) Mow many days per week: 3 M
1.01 2.0 2-3 3.0 4-5. 4.0 6E) .....
f,'e j y _64 y o
o •�
a
6. Types of waste water discharged to surface waters only (check as aoplicable) -tn
- Lo 1
Flow, gallons per operating day Volume treated before
discharging (percent)
Discharge per - - _
operating day 0.1-999 1000-4999 5000-V999 10,000- 50,000 None 0.1- 30- 65- 95-
49,999 or more 29.9 64.9 94.9 100
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
A. Sanitary. daily
average if04 X
. .
8. Cooling water, etc.,
daily average
i
C. Other discharge(s). . . • .
daily average;
Specify
-....__�_
D. Maximum per operat-
ing day for combined
discharge (all types)
7. If any of the types of waste identified in item 6. either treated or un-
treated. are discharged to places other than surface waters, check below
as applicable.
taste water is discharged to: 0.1-999 1000-4999 5000.9999 10.000-49,999 50,000 or ,More
(1) (2) (3) (4) (5)
A. Municipal sewrr System
-.
II. Ihuw•rgr nand w•I I
4 •
C. ;ept.lr tank
'
D. Evaporation lagoon or pond •
E. Other, specify:
8. Number of separate discharge points:
A.xl s.02-3 C.0 4-5 0.0 6 or more
9. Namme of receiving water or waters /.G/L UT/9/y 7Lo Lfi9Ti9GcJ 6A C�� ee
•10. Does your discharge contain or is it possible for your discharge to contain
one or more of the following substances 1dde4 as a result of your operations,
activities, or processes: ammonia, cyanid, aluminum, beryllium, cadmaium,
chromium, C... r lead, mercury, nickel, selenium, zinc, phenols, oil and
grease. and(- (residual).
A.Ayes 5.Ono
i certify that I am familiar with the information contained in the application and
that to the best of my knowledge and belief such information is true, complete, and
accurate.
`Zbbh,I C ranst,ryi . C�s� QY� .
Printed Name of Person Signing
Title
.--(X4;lA24 /3 i !q 9a
Date Application Signed
511� of 1 dent
North Carolina General Statute 143-215.6(b) (2) provides that: Any person who knowingly makes
any false statement representation, or certification in any application, 'record, report, plan,
or other document files or required to be maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, or who falsifies, tampers u1_th,
or knowly renders inaccurate any.recordiing or nonitorigg ¢vice or method required to be
operated or maintained under Aptiale 21:oc. regulations of the Environmental management Corrsiesi
implementing that Article, shall •be•.'-gui.ity. of a Misdemeanor punishable by aline not to exceed
51Q,nor), or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 prow:,
a punishment by a fine of-not more than $10,000 or imprisonment not more than 5 years, or both,
for a sinilar offense.)
d DEPT. OF NATU=AL �� -•, a
RESOURCES AND
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COMMUNITY DEVELOPM 'P LN , rb
6 i992
AUG 2 �.�,..•
91YISI3N or E9VIREIUi MAMMIES State of North Carolina
MU06 P r men Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street•Raleigh,North Carolina 27604
James G.Martin,Governor A.Preston Howard,Jr.,P.E.
William W.Cobey,Jr.,Secretary Acting Director
Regional Offices August 21, 1992
Asheville
704/251-6208 Mr. Bobby C. Ransom,Jr.
1950 C Robin Wood Road
Fayetteville Gastonia,NC 28054
919/486-1541
Mooresville SUBJECT: Acknowledgment Receipt Letter
704/663-1699 County: Gaston
Case No. RV 92-03
Raleigh
919/571-4700
Dear Mr.Ransom:
Washington
919/946-6481 This is to acknowledge receipt of your check No. 1048 in the amount of$250.00 received from
Lisa Ransom on August 19, 1992. This satisfies in full the civil assessment levied against Mr.
Wilmington Bobby C.Ransom and this case has been closed. Payment of these penalties in no way precludes
919/395-3900 further action by this Division for future violations of the NPDES Permit.
Winston-Salem If you have any questions concerning the assessment please call Robert Farmer or me at
919/896-7007 (919)733-5083.
Sincerely,
. Kent Wiggins,8ervisor
Facilities Assessment Unit
JKW/sb
cc: MIIMINIUMin
Enforcement/Compliance File
Central Files
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
‘',!:::41vii
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street• Raleigh,North Carolina 27604
James G.Martin,Governor George T.Everett,Ph.D
William W.Cobey,Jr.,Secretary Director
April 3, 1992
Certified Mail
Return Receipt Requested
Bobby C. Ransom Jr.
Ransom Residence
3902 Pineview Drive
Gastonia, NC 28056
SUBJECT: Request for Remission of Civil Penalty
Puisuant to N.C.G.S. 143-215.6A(f)
Ransom Residence
Gaston County
Permit No: NC0070734
File No: RV 92-03
Dear Mr. Ransom:
I considered the information submitted in support of your request for remission in accordance with
G.S. 143.215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to modify
the assessment of$250.00.
Should you choose to pay the full penalties, you may tender payment to Robert Farmer using the
P.O. Box address listed at the bottom of this letter on or before April 22, 1992. Please make checks
payable to the Department of Environment,Health,and Natural Resourcee OD W046 e
coittio
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 Division Staff will argue against any reduction of the assessment.
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Should you choose to present your request to the committee, please notify Robert Farmer at the
same address on or before April 22, 1992. Your request will be scheduled to be heard on the agenda of
the next scheduled committee meeting and you will be notified of the date and time. If a response is not
received by the Division regarding this notice, then your request will be scheduled on the agenda for an
upcoming committee meeting.
Thank you for your cooperation in this matter and should you have any questions,please feel free
to contact Robert Farmer at (919)733-5083.
SinceA:ly,
George j Everett
cc. Attorney General's Office
Mooresville Regional Office
Enforcement File
Central Files
V •
/.7:�` N. C. DEPT.
OF NATURAL
RESOUVrES AN!,
4:10V
COMMUNI71' Dt1'1.1.01,W if.NT
V.
�• MAR 1 9 1992
State of North Carolina Pvistoa of ENVIROP_NTA1 V5s`E_tl.(li
Department of Environment, Health and Natural Resanima REGLINAl OFFICE
Division of Environmental Management
512 North Salisbury Street• Raleigh,North Carolina 27604
James G.Martin,Governor George T.Everett,Ph.D
William W.Cobey,Jr.,Secretary Director
March 17, 1992
Bobby C. Ransom Jr.
Ransom Residence
3902 Pineview Drive
Gastonia, NC 28056
Subject: Request for Remission of Civil Penalty
Ransom Residence
Gaston County
File No. RV 92-03
Dear Mr. Ransom:
Your request for remission in the above matter dated January 17, 1992 has been received by the
Division of Environmental Management.
Your request is being evaluated by the Division staff in the Central Office and the Mooresville
Regional Office. The request will be fully considered by Dr. George T. Everett, Director of Division of
Environmental Management, at his next Enforcement Conference. You will be advised of Dr. Everett's
decision following this Conference. If Dr. Everett's decision is unacceptable to you, you will have the
opportunity to make an oral presentation to the Environmental Management Commission at one of their
regularly scheduled meetings.
If there is a need for any additional information or clarification, please do not hesitate to contact
Robert Farmer at (919)733-5083.
Sincerely,
itt.. Ai.z..aakiizn
01 J. Kent Wiggins, Supervisor
• Facilities Assessment Unit
cc: Water Quality Regional Supervisor-w/attachments
Enforcement/Compliance File- Susan Robson-w/attachments
Central Files-w/attachments
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
14 0:9)
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street• Raleigh,North Carolina 27604
James G.Martin,Governor George T.Everett,Ph.D
William W.Cobey,Jr.,Secretary Director
January 17, 1992
CER1Th hD MAIL
RETURN RECEIPT REQUESTED
Bobby C. Ransom Jr.
Ransom Residence
3902 Pineview Drive
Gastonia, NC 28056
Subject: ASSESSMENT OF CIVIL PENALTY FOR
VIOLATION OF THE RENEWAL REQUIREMENTS
Ransom Residence
NPDES PERMIT NO. NC0070734
Gaston County RV 92-03
Dear Pennittee:
This letter transmits notice of a civil penalty assessed against the subject facility in the amount of
$250.00.
This assessment is based upon the fact that a request for renewal of the subject permit was not
received by the Division of Environmental Management at least 180 days prior to the expiration date
contained in the permit. The renewal request requirement is contained in your permit and/or North Carolina
General Statute (N.C.G.S.) 143-215.1(c).
Based upon the above fact, I conclude as a matter of law that the subject facility violated or failed to
act in accordance with the requirements of N.C.G.S. 143-215.1. A civil penalty of not more than
$10,000.00 per day, in accordance with N.C.G.S. 143-215.6A(a), may be assessed against a person who
fails to comply with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.1.
Based upon the above facts and conclusions of law, I hereby assess the subject facility a civil
penalty in the amount of$250.00 for violation of N.C.G.S. 143-215.1(c), pursuant to delegation
provided for by N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new
enforcement action,including an additional penalty.
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
STATE OF NORTH CAROLINA
COUNTY OF Go.S4ar.- ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
[name of permittee] ) STIPULATION OF FACTS
Zobby �'. Jcr..�a,.t
File No.
Having been assessed civil penalties totaling 0(.17506° for failure to
timely apply for renewal of NPDES Permit No., NC t 717,j/ as set forth in the
assessment letter of the Director of the Division of Environmental Management dated
ii&uo..& /7, 19g� ; the undersigned, desiring to seek remission of the civil
penalties,Ydoes 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 letter.
This the ID- day of ` a,cck , 191.2
BY
Address 3/0a f...�.-yam D.
StSil
Telephone 70cl — 8-014'- 9'7co rim
'7 - -9go7 ('E' )
' Within thirty (30)days of receipt of this notice, you may:
1. Submit verification that the permit is no longer needed:
If the permit is no longer needed and no wastewater will be
treated by the permitted facility, please complete the
attached request for permit rescission. Upon verification
of this fact by our regional staff, the permit and the civil
penalty assessment will be rescinded; OR
2. Submit verification that the wastewater treatment system was
transferred to another responsible party prior to expiration
of the permit:
If the wastewater treatment system was sold or otherwise
transferred to another responsible party prior to the
expiration date of the permit,please complete the attached
certification. Upon verification of this fact by our
regional staff, the civil penalty assessment will be
rescinded; OR
3. Submit payment of the penalty:
Payment should be made to the order of the Department of
Environment,Health,and Natural Resources (do not enclose
waiver form). Payment of the penalty will not foreclose
further enforcement action for any continuing or new
violation(s); OR
4. Submit a written request for remission or mitigation
including a detailed justification for such request;
A request for remission or mitigation is limited to
consideration of the reasonableness of the amount of the
penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in this
assessment letter. Because a remission request foreclosures
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 that there are no
factual issues in dispute. You must execute and return the
attached waiver and stipulation form to this office with a
detailed statement which you believe establishes that:
(a) one or more of the civil penalty assessment factors in
G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner,
(b) the violator promptly abated continuing environmental
damage resulting from the violation;
the violation was inadvertent or a result of an zoo,Jo( ,(! �.
accident; T`
(d) the violator had not been assessed civil penalties for
any previous violations; and/or
(e) payment of the civil penalty will prevent payment for
the remaining necessary remedial actions.
OR
•
5. Submit a written request for an administrative hearing:
If you wish to contest this civil penalty assessment letter,
you must request an administrative hearing. This request
must be in the form of a written petition,conforming to
Chapter 150B of the North Carolina General Statutes, and
• filed with the Office of Administrative Hearings,Post
Office Drawer 27447, Raleigh, North Carolina 27611-7447.A
copy of the petition must be served on:
Mr.Dan Oakley
Attorney General's Office
Department of Environment,Health and Natural Resources
P.O. Box 27687
Raleigh,North Carolina 27611
If options 1, 2, 3, or 4 are chosen,please send your payment or response to the following address:
Mr. Robert Farmer
Department of Environment,Health and Natural Resources
Division of Environmental Management
Water Quality Section
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty.
If it is not demonstrated to us that your conduct of the permitted activity has ceased or will cease by
the permit expiration date,failure to apply for a permit extension within 30 days of receipt of this letter will
result in the assessment of additional penalties. If the permit expired or expires prior to the permit
reissuance, the permittee will be subject to additional penalties for the operation of a wastewater treatment
facility without a permit.
If you have any questions,please do not hesitate to contact Mr. Robert Farmer at 919/733-5083.
Sincerely, •
-4,;z6;;;.$
George T.Everett
Attachments
cc: Water Quality Regional Supervisor
Compliance/Enforcement File
Central Files
A 1142
State of North Carolina
Department of' Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh,North Carolina 27604
James G.Martin,Governor George T.Everett,Ph.D
William W. Cobey, Jr., Secretary Director
Regional Offices May 22, 1992
Asheville CERTIFIED MAIL
704/251 6208 RETURN RECEIPT REQUESTED
Fayetteville
919/486-1541 MR BOBBY RANSOM
Mooresville RANSOM RESIDENCE
704/663 1699 3902 PINEVIEW DRIVE
GASTONIA NC 28056
Raleigh
919/571-4700
RE: Request for Remission of Civil Penalty Pursuant to
Washington N. C. G. S. 143-215.6A(f)
919/946-6481 File No. RV 92-03
Gaston County
Wilmington
919/395-3900 Dear Mr. Ransom:
Winston-Salem Your request for remission has beenplaced on the agenda for the June 11, 1992,
919/896-7007 q g
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene in the Ground Floor Hearing Room of the
Archdale Building located at 512 North Salisbury Street, Raleigh, North Carolina, at 9:00
a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongly applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Page 2
Additionally, the Committee on Civil Penalty Remissions may remit the entire
amount of the penalty only when the violator has not been assessed civil penalties for
previous violations, and when payment of the civil penalty will prevent payment for the
remaining necessary remedial actions.
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated.
Sincerely,
�.., /1 G
10 George T. Everett
cc: Attorney General's Office
011.1111110101.1111111.
Kent Wiggins
N. C. DEPT. OF NATURAL
STATE OF NORTH CAROL INARESOUI S AND BEFORE THE
COMMUNITY DEVELOPMENT_
tcEMISSION COMMITTEE OF THE
COUNTY OF GASTON ENVIRONMENTAL MANAGEMENT
JUL 0 7 1992 COMMISSION,-
RV 92-03
OMMN U ENVMOM MANAGN II D ������
IN THE MATTER OF: MOORESVILLE REGIOIAL OFFICE
)
Assessment of Civil Penalties ) FINAL DECISION JUL�Ul 2 1992
Against
BOBBY C. RANSOM, JR. ) ENVIRONMENTAL MANAGEMENT
COMMISSION
THIS MATTER came before the Committee on Civil Penalty
Remissions of the Environmental Management Commission, pursuant
to N.C.G.S . 143-215 . 6A and 143B-282 . 1, on June 11, 1992 , upon
recommendation of the Director of the Division of Environmental
Management for entry of a final decision on the assessment of a
civil penalty against Bobby C. Ransom, Jr. in the amount of
$250 . 00 . Bobby C. Ransom' s request for remission was presented
to the Committee on Civil Penalty Remissions for consideration.
The Division of Environmental Management was represented by Ms .
Brenda Smith, Regional Supervisor in the Mooresville Regional
Office, and no one appeared for Bobby C. Ransom. Having
considered the record, the statement of Ms . Smith, and the
factors set forth in N.C.G.S . 143B-282 . 1(b) and (c) , the
Committee on Civil Penalty Remissions finds the facts contained
in the Director' s Findings and Decision and Assessment of Civil
Penalty as stipulated by Bobby C. Ransom, Jr. , and that the
Director properly applied the criteria set forth in N.C.G.S.
143B-282 . 1 in determining the amount of the civil penalty. The
Committee further finds that there are no grounds for remission
or reduction of the penalty assessed by the
-2-
Director. Upon duly made motion and vote, the Committee finds
that the assessment should be upheld in its entirety.
THEREFORE, IT IS ORDERED:
1 . That the assessment of the civil penalty against Bobby
C. Ransom, Jr. is AFFIRMED.
2 . That this Final Decision and Order be served upon Bobby
C . Ransom, Jr. and upon receipt hereof, the amount of $250 . 00, be
paid to the Department of Environment, Health and Natural
Resources .
This the A day of June, 1992 .
Virg' L. McBride, Vice Chairman
Environmental Management Commission
-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the
foregoing FINAL DECISION on the parties listed below by the
methods indicated:
Bobby C. Ransom,. Jr. CERTIFIED MAIL
1950 C Robin Wood Road RETURN RECEIPT
Gastonia, North Carolina 28054
Ms . Brenda Smith U.S . MAIL
Regional Supervisor
Mooresville Regional Office
Department of Environment, Health
and Natural Resources
P .O. Box 950
Mooresville, North Carolina 28115
This the 2d day of July, 1992 .
LACY H. THORNBURG
Attorney General
CjIt(14nG.oa0 ).J1-( /
Francis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. 0. Box 629
Raleigh, N.C . 27602-0629
919/733-5725
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27
State of North Carolina
LACY H.THORNBURG Department of Justice
ATTORNEY GENERAL P.O.BOX 629
RALEIGH
27602-0629
July 2, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bobby C. Ransom, Jr.
1950 C Robin Wood Road
Gastonia, North Carolina 28054
Dear Mr. Ransom:
You will find enclosed the Final Agency Decision of the Environmental
Management Commission assessing a civil penalty and investigative costs as set
forth in the decision document. According to North Carolina General Statutes
143-215.5 and 150B-45, you may seek judicial review of the Commission's decision
in the Superior Court by filing a petition within 30 days of receipt of a written
copy of the final agency decision.
If you do not seek judicial review within the time allowed, you must
submit payment of the civil penalty and investigative costs assessed, by bank or
certified check, made payable to the Department of Environment, Health and
Natural Resources by mail addressed as follows:
Department of Justice
Environmental Protection Section
P. O. Box 629
Raleigh, North Carolina 27602-0629
ATTENTION: Nancy K. Andrews
If you fail to pay the penalty or file a petition for judicial review, this
office will seek to collect the amount due through a civil action commenced in
Superior Court.
Sincerely,
LACY H. THORNBURG
Attorney General
J
0-44 Ch' Li.
Francis W. Crawley
Special Deputy Attorney General
FWC/dw
enclosure
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An Equal Opportunity/Affirmative Action Employer