NC0089001_Enforcement_20160119

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CHARLOTTE NC 28273
ATTN: MR DAVID R. MAZORRA, PE
dwr/rs 1/27/16

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DEQ-WQROS r=
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610 EAST CENTER AVE. m co a
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MOORESVILLE NC 28115 i c') ,�, m
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Mr. Charles Grahann
Mooresville Oil Company, Inc.
PO Box 2
Mooresville, NC 28115
Subject,, Payment Acknowledgenient,
Denver Express Mart G WR
Case Number: L - 01 -tltlp
Catawba County
Dear Pe aitteer,
This letter is to acknowledge receipt of payment in the amount of $409.26 received from you dated
February 17, 2016. This payment satisfies in full the above civil assessments levied against the subject
facility, and this case has been closed, Payment of this penally in no Way PrCClUdesfuture action by this
Division foradditional violations of the applicable Statues, Regulations, as, or Permits,
If you have any questions, please contact Wren 'Bedford at 919-807-6304,
Sincerely,
\AlT
Wren Thedfora
Wastewater Branch
cc; Central Files
NP F
Mooresville Regional Office
�t�t�*a�rSd�ma}aC:�rrgia`atrs � I?�wi��ztzrx�ro4waCw�st{@iced°�i&';�icr}t��eaaars�e
1617 lvW1 service C',cnter i Rideigh, Nonh Carolina 27699-161

PAT MCCRORY
DONALD R. VAN DER VAART
Waterkesowces
ENV(""ENTAI GAJAUTY
Certified Mail #7015 1520 0002 8376 1633
Reto Lt Receigt Reg uested
Mr. David R, Mazorra, PE Principal
Environmental Compliance Set -vices of NC, PC
13504 South Point Boulevard
Charlotte, NC 28273
SUBJECT- Notice of Violation and Assessment of Civil Penalty,
for Violations of North Carolina General Statute (G.S.) 143-215. I(a)(6)
and NPDFS Permit No, NC0089001
Mooresville Oil Company, Inc.
Denver Express Mart GWR
Case No, LV-2016-0009
Catawba County
Dear Permittee:
'Secrefavy
S. JAY ZIMMERMAN
Director
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $450.53 ($350k0 civil penalty +
$100,.53 enforcement costs) against Mooresville Oil Company, hic,, Denver Express Mart Ground Water Remediation (GWR).
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DM.R)
submitted by Denver Express Mart GW-R for the, month of September 2015. 11iis review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Pen -nit No. NCO089001 . The
violations, which occurred in September 2015, are summarized in Attachment A to this letter,
Based upon the above facts, I conclude as a matter of law that Denver Express Mart GWR violated the terms, conditions or
requirements of NPTEES Permit No. NCO089001 and G.S . 143 -215.l (a)(6) in the manner and extent shown in Attachment
A. In accordance with the maximums established by G.S. 143-215,.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, 1, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the Ulowing, civil penalty assessment against
Mooresville Oil Company, Inc, Denver Express Mart
State of"North Carolina I EnviromentalQuality !Watar Resources I Water Quality regional Omations
Mooresville RegionalOfficel 6 10 East, Center Avenue, .Su iteMl I Mooresville, North Camha28115

PAT MCCRORY
Governor
DONALD R, VAN DER VAART
Secretary
S, JAY ZI MERMAN
Wdter ire 1r
F" t4MENTAL QUALITY
January 1 , 01 Ci
Certified Mail ##701 0 0002 83761305
t�rrlacitt lrtnstd
,pr. David R. Ma .orra, PE:, Principal
,Environmental Compliance 'Services of NC, PC
13504 South Port Boulevard
Charlotte, NCB- 8273
TL Jf Notice of Violation and ,Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143- 1 , t()(6)
and NPDES Permit No.1' C"O089001
Mooresville Coil C o mean °, Inc
Denver Express Mart ClW
Case No, LV- Cl16-ddilg
Catawba County
Dear Pe iitee
'This later transmits a notice of Violation and assessment of civil Penalty in the arnount of $450.53 (350.00 civil penalt-y +
100.53 enforcement crests) against Mooresville Oil Company, , Inc,, Denver Express Mart Ground Water l ernediation ( x).
This assessment is based upon the following facts. a review has been conducted of the discharge monitoring report (I)MR
submitted by Denver Express Mart CHAIR for the month of September 2015. This review has s town the: subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No, NC0089101. The
violations, which occurred in September 2015, are summarized ed in Attachment A. to this letter.,
Based upon the above facts, I conclude as a matter of law that Denver Express Mart GWP. violated the terms, conditions or
requirements oft PDES Pe it No, 1 CO089001 and G.S. 1 w-2l , a 6) in the manner and extent shown in Attachment
A. In accordance with the maximums established by G.S. 14 - 1 6A(a)( , a civil penalty may be assessed against any°
person who violates the terms. conditions or requirements of a permit required by G.S. 143- 1 ,.1(a)_.
(lased upon the above findings of fact and conclusions of lave, and, in accordance with authority provided by the Secret
ary
of the Department of Environment and Natural Resources and the Director of the Division of 'dater Resources,1, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby male the following) civil penalty assessment against
Mooresville Coil Company, Inc,., Deaver Express Mart G R:
State of 1*tcrrlt Cambna a EU14rQUInentRI 0,-gty { Watcr Resource$1 Water ]a�cty Et,e etwa$'opainions
0,)resvalle 1f e c,,n0 d f`rice¢ bite Fast Center verttre, Suit: 3011 1vTcatesvatie, Nonh Carolina 28115

I of the I violations of 143-215,I(a)(6) and NPDES Permit No.NC0089001, by discharging waste
water into the waters of the State in violation of the Permit Daily Maximum for 1,2-dicloroethane.
I of the I violations of 143-215. l(a)(6) and NPDES Permit 1 o,NCO089001, by discharging waste
water into the waters of the State in violation of the Perrait Monthly Average for 1-2-dichoroethane,
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount Of the penalty I have taken into account the Findings of Fact and
Conclusions of Law, and the factors set forth at G.S. 143B-281 I (b), which are:
(1) The degree and extent of ha rin to the natural resources of the State, to the public health, or to private property
resulting from the violation,
(2) The duration and gravity of the violation-,
(3) The effect. on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) 'Fhe amount of money saved by noncompliance;
(6) Whether the violation was cornmitted willfully or intentionally,
(7) 'The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures,
Within thirty (30) days of receipt of this, notice, you must do one of the following-
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of F3 mvironment and Natural Resources (do not
include waiverform), Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s), Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 T*vlail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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 staternents contained in
the civil penalty assessment document. Because a remission request forecloses 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 and
ag ,reement that, no factual, or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.

In determining whether a remission request will be approved, the following factors shall be considered:
(i) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated eontinuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a, result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent pa-
yment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in
the matter of your remission, request, The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to theEnvironmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was
not part of the original remission request considered by the Director. Therefore,, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
Remission —Reves—t"
Both forms should be submitted to the following address;
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
mdn-zs—.
n a iv
If you wish to contest any statement in the attached assessment document you must file a petition for an adim istr t e
hearing. You may obtain the petition form from the Office, of Administrative Hearings, You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours, The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may he filed by facsimile (fax) or electronic mail by an attached file (with, restrictions) - provided
tbesi6med original, one, (1) copy and a filing fee (if a filing fee is required by NCGS §1 5OB-232) is received in the
Office of Administrative Hearings within seven (7) business days following the fined or electronic transmission,
_ailo_g
o
s 11 uetiors re arc( inflit lfeed/r the &tibifthue—
ffilhfinjulo_cess
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 NW Service Center
Raleigh, NC 2160-6714
TOL Otg)411-3000
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the case number (as found on page one of this letter) on the petition, 11
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through, a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment,
If you have any questions please contact Roberto Scheller with the Division of Water Resources staff of theNtooresville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDENR
ATTACHM.FNTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Entbreement Unit - Enforcement File
Central Files, Water Quality Section
RLS
(w/aftachments)
(w/attachments)
(w/attachments)

ATTACHMENT
CASE NO, LV-2016-0009
Lffall Date Parameter Reported Value Permit Limit
9 ailMaximum)
001 1 - -di hl r th ne 0.58 leg/l 038pI(Monthly Average)

JUSTIFICATION FOR REMISSION REQUEST 14
Case Number: IN-2016-0009 County- Catawba
Assessed Party: Mooresville Oil Company, Inc.
Denver Express Mart GWR
Permit No.: NCO089001 Amount Assessed: $450,1
1
Please use this form when requesting remission of this civil penally. You must also complete the "Request For Remission,
Waiver ofRight to an Administrative I -fearing, and Stipulation qj'Facls" 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 violationts) 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 fallowing 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. 143B-282, I (b) were wrongfully applied to the
detriment of the petitioner (the assessmentfiactors are listed in the civilpenalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you tea to correct the violation and preventfidure occ urrences) '
(c) the violation was inadvertent or a result of an accident (i.e., explain u,,hy the violation was uncnoidable or
something you could not prevent or preparefior);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment ofthe civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
hon,pcov,ment oj'the cap ilpenalty will preventyoufrom performing the activities necessary to achieve
compliance).
EXPLANATION:

F�ZT',TE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CATAWBA
IN THE MATTER OFASSESSMENT WAIVER RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING N AND
STIPULATION OF FACTS
Mooresville Oil Company, Inc.
Denver Express Mart GWR
PERMIT N. NCO089001 CASE NO. LV-2016-0009
Having been assessed civil penalties totaling tl.53 for violations as set forth in the assessment document of the Division
of Water Resources dated January lq, 2016, 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 ofthis civil
penalty, roust be submitted to the Director of the Division of Water Resources .s within thirty- (p) days of receipt of the notice
ofassessrnent. No new evidence in support of remission request will be allowed after Sd days from the receipt of
notice of assessment.
This the ._ slay of � , �..... p...
SI BATU
ADDRESS
TELEPHONE

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator. Mooresville Oil Company, Inc.
Facility, Name: Denver Express Mart GER
Permit Number: NCO089001
County: Catawba
Case Number: LV-2015-0009
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
No harm has been documented; however, 1-2-dicloroethane effluent exceedances, are likely to impact the receiving stream
by toxicity to aquatic life.
2) The duration and gravity of the violation;
The 'violations occurred during the month of September 2015
3) The effect on ground or surface water quantity or quality or on air quality;
No effects on ground water or air quality are expected. Surface waters were impaired by toxicity and stress on aquatic life.
The best usage of the receiving stream was also likely to have been compromised.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
An exact monetary figure is unknown.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful, or intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The subject facility, has had no Enforcement cases taken against it in the past 12 months (September 2015 to
September 2014).
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office was $ 1 K53
Regional Office Clerical Staff -- one hour 15.00
Enforcement case preparation staff time — one hour $33.13
Regional Office'Supervisor review — one hour $52.40
Total: $100,53
W. Corey Basiagcr� Wgiooal Supervisor
Water Q441it� goghmal Operations Section
Mooresville Regional Office
Di'A" of W4te(e Resources, NCDENR

9N~kMtWAL WAUTY
January, 19, 2 016
Certified Mail #7015 1520 0002 8376 1657
Return Receitit Reauested
Mr. David R, Mazorra, PE, Principal
Enviraumental Compliance Services of NC, PC
13504 South Point Boulevard
Charlotte, NC 28273
SUBJECT: Notice of Violation and Assessment of Civil Penalty (Violation Correction Attachment A)
for Violations of North Carolina General Statute (tom. S.) 143-215. 1 (#6)
and NPDES Permit No. NCO089001
Mooresville Oil Company, Inc,
Denver Express Mart GWR
Case No, LV-2016-0009
Catawba County
Dear Perntiftee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $450,53 ($350.00 civil penalty -i-
$100,53 enforcement costs) against Mooresville Oil Company, Inc., Denver Express Mart Ground Water Remediation (GWR).
This assessment is based upon the following facts: a review has been, conducted of the discharge monitoring report (DMR)
submitted by Denver Express Mart GWR for the month of September 2015. This review has sho,,xn the subject facility to be in
violation of the discharge limitations an(,,Uortnonitt)ringreqiiirements found inPDES PennitNo, NC` O089001, The
violations, which occurred in September 2015, are summarized in Attachment A to, this letter.
Based upon the above facts, I conclude as a matter of law that Denver Express Mart GWR violated the terms, conditions or
requirements of NPDES Permit No. NCO089001 and G.S. 143-215J(a)(6) in the manner and extent shown in Attachment
A. In accordance with the maximums established by G.S. 143-215,6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by GS. 143-215. 1(a).
Based upon the above findings of fact and conclusions of law, mid in accordance with authority . provided by the Secretary
of the Department of Environment and Naturad Resources and the, Director of the Division of Water Resources, 1, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office, hereby make the following civil penalty assessment against
Mooresville Oil Company, Inc., Denver Express Mart. GWR:
State of North Carolina I ETIIATownental Quabty � Water Resources, 1 Water Quality RegiDnal Operations
Mooresvffle Regional Offlcak 610 I:iqt Center Awnue, Suite 3011 Mooresville, Nortli Carolina 28115
111A 4411

$—I NON
$2S0.0()
saj�(Mo—o
$-LQO,L3
14�0,53
I of the I violations of 143-215, 1 (a)(6)andNPDES Permit No.NCO 089001, by discharging waste
,water into the waters of the State in violation of the Pernih, Daily Maximum for 1,2-dicloroethane.
I of the I violation.% of 143-215. 1 (a)(6) and NPDES Permit NoM008900 1, by discharging waste
water into the waters of the State in violation of the Permit Monthly Average for 1-2-dichoroethane.
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMMUNT DUE
Pursuant to G.S. 143-215.(ok(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14313-282, 1 (b), which are:
(1) The degree and extent of harnt to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality-
(4) The cost of rectifying the damage,
(5) The amount of money saved by noncompliance-,
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of tire following.-
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do not
include -vvaiverforn�).. Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Please submit payment to the attention of
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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, Because as remission request forecloses 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 mid
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.

In determining whether a remission request, will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282- I (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in
the matter of your remission request. `Fhe response will provide details regarding the case status, directions for
payment, and provision for farther appeal of the penalty to the Environmental Management Commission's Committee
on Civil Perialtv Remissions (Cotntruttee), Please, be advised that the Committee cannot consider information that was
not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
remission Reqqt!jL"
Both forms should be submitted to the following address-
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Offi, ce of Administrative
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hewings. 'You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered riled
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5 :00 p.m., except for officialstate
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee if a filing fee is required by iliCGS § 150B-23 2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. )LoA-
should comac j _t.the Office of Administrative flearjng�sk tLAli ,qijestions regarding thkfilin&,fee and/or the details of the
fil—in"—rocess.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative, Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax. [phone]
One (1) copy of the petition must atso be served on DENR as follows:
Mr. Sam M. flayed, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the case number as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty ) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will: result in this matter being referred to the attorney General's Office for
collection of the penalty through a civil action. please be advised that additional penalties maybe assessed for violations
that occur after the review period of this ;assessment,
If you have any questions Tease :ontact: Roberto ach ller -,vith the Division of Water resources staff of the Mooresville
Regional Office at:(d) 663-1699 or via., email at roberto.schellerC,ncdenr.gov.
Sincerely;,
i t Gorey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water resources, NCDENR
A T C I NTH
Cc WQS Mooresville regional Office - Iniforcernent pile ( °la tachrnent )
NPDES Compliance/Enforcement Glatt -Enforcement File (°latlacl era s)
Central files, Water Quality Section burs chrner ts)
RLS

ATTACHMENT A (Reported Value Correction)
Ir
CASE NO. L- 1-
utt ll ate Parameter Rworted Value Permit Liit
1 I 1 1-2-dichloroethane 0,56pIl 038 p l(Monthly Average)

JUSTIFICATION FOR RUM1SSIONffXUFST Q_
Case Number: LV-2016-0009 County. Catawba
Assessed Party: Mooresville Oil Company, Inc.
Denver Express Mart GWR
Permit No.: NC0089001 Amount Assessed: 141-U3
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
ff'fver of Right to an Administrative Hearing, and Stipulation ofFacts " form to request remission of this civil penalty,
You should attach any documents that you believe support your request and are tie cessary, 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 t1te factual
statements contained in the civil penalty assessment document, PursuarittoN.C.G.S. § 143B-282.1(c), remission of a civil
penalty maybe 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 inN.C.G.S. 143B-282. l(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the, civil penal(y assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
sups that you took to correct the violation and prevent,,future occurrence );
(c) the violation was inadvertent or a result of an accident (i.e,, explain win, the violation ivaoidable or
something,you could not prevent or ire pare 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 qf the civil penalty will prevent youftom performing the activities necessary to achieve
compliance).
EXPLANATION:

FSTATE OF NORTH CAROLINA
COUNTY OF CATAWBA
1
N ITIE MATTERA� ,NT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINIgrRATIVE
HEARING AND
STIpULATION OF ]FACTS
Mooresville ville Oil Co p rt , Inc.
Deaver Express Mart GWR
}
PERMIT NO. l O089001 cAsE No. LV-2016-0009
Having been, assessed civil penalties totaling J4_�0,53 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 19, 2016, 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 x of Ater Resources within thirty i.d ) days of receipt of the notice
cif asses men . No new evidence in support of a remission request will be allowed after (tl) days ftorn the receipt of the
notice of assessment.
This the � .�
day of
2
TL C LPHON