NC0047091_Enforcement_20130715

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7 KBI, LLC
n Sent To Attention: Mr. Logan Boggs
80 South take Avenue,Suite 719 _
o Street,apt. Pasadena, California 91101
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KBI, LLC
Attention: Mr. Logan Boggs
BO South Lake Avenue, Suite 719
Pasadena, California 91101 3. Service Type
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North C a4 oL vAp,Department of c—
C
£vwi rout vnent and.Nattitira.L Re4owroeb r—
tz
Moorev l e/Re -iona.LOff-.c.&- ME44-SWP
610 East Center Avenue-, Swit&301 0
Moorowa.2.e, North,Ca.roL4 vta.28115 y.� w

NEEFFW,
ppppp�
Pat McCrory
Governor
July 15, 2013
CERTIFIED MAIL 7010 0780 0000 5519 2397
RETURN RECEIPT REQUES'TED
Mr. Logan Boggs
KBI, LLC
80 South Lake Avenue, Suite 719
Pasadena, California 91101
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. 1 (a ) and NPDES Permit No. NCO047091
Silver Maples WWTP
Cabarrus County
Case No. LM-2013-0020
Lear` Mr. Boggs:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$647-44 ($500-00 civil penalty + $147.44 enforcement costs) against KBI, LLC.
This assessment is based upon the following facts. A review has been conducted of the self -
monitoring data reported for March 201.3. This review has shown the subject facility to be in
violation of the discharge lirtutations and monitoring requirements found in NPDES Permit No.
NCO047091. The violations are summarized in Attachment A to this letter,
used upon the above facts, I conclude as a matter of law that the KBI, LLC violated the terms,
conditions, or requirements of NPLEES Pe it No. NCO047091 and North Carolina General Statute
(G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil, penalty may be
assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2).
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 Quality, 1, Michael L. Parker, Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against KBI, LLC:
)W Office
A Center Ave., Suite 301 Mooresville, NC
1-877-623-6748
Intomet. httpJ/podaLncdenr,orgMetVwq

0.00
-qqqq
ForsI _ of the one (1) violation of G.S. 1 3- 15.1(a)( )
d NPDES Permit No. NCO047091 by discharging waste
into the waters of the State in violation of the permit daily
maximum effluent limit for biological oxygen demand
( OD).
0.00
For —_1 of the one (1) violation of G.S. 143- 15.l( )(6)
d NPDES Pen -nit No. NCO047091,:by discharging waste
into the waters of the State in violation of the permit monthly
average effluent limit for biological oxygen demand ( D)
.250.00
For 1 of the one (1) failure to monitor for total nitrogen
quarterly in violation of the terms of NPDES Permit No.
NC47 91
250.00
For , iti_ of the one (1) failure to monitor for total phosphorus
quarterly in violation of the terms of N`PDES Permit No.
NCO047091.
0
$14T44
TOTAL L CIVIL PENALTY
Enforcement costs
TAIL AMOUNT ]U
Pursuant to fa.S, 143- 15. A(c), in determining the amount of penalty l have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 1 3F1-
8,1(b), which e
(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 violations,
() The duration and gravity of the violations,
() The effect on ground or surface water quantity or quality or on air quality;
(T) The cost; of rectifying the damage;
(5) Tho amount of money saved by noncompliance;
(t) Whether the violations were committed willfully or intentionally
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management o ission has regulatory authority d
() The cost to the Mate of the enforcement procedures.
`within thirty days of receipt of this ;notice; you must do one of the following:
L __ Submit payment of the penalty

PPP' Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include uaiverfm-n!), Payment or the penalty will not toreelose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of,
Point Source Compliance/Enforcernent Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission 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 amaunt of the 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 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 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 Quality 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 fix. S, 14313-2811 (b)
were wrongful 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 anaccident;
(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 information presented in support of your request for remission must be
submitted in writing. The Director of the Division of Water Quality will review your evidence
and inform you of his decision in the matter of your remissionrequest. The response will
provide details regarding case status, directions for payment, and provision for further appeal of
the penalty to the Environmental 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 ref nission 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.

In order to request remission, you must complete and submit the enclosed "Waiver of Right to an
Administrative Hearing and Stipulation of Facts" form within thirty 30) days of receipt of this
notice. Ilie Division of Water Quality also requests thatyou complete and submit, the enclosed
"Justification for Remission Request," Both forms should be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment docunient you must file a
petition for an administrative hearing. You may obtain the petition forth from the Office of
Adminitstrative Hearings. You must file the petition with the Office of Admiristrative Hearings
within thirt-y (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 betw-een the hours of 8-00 a.m,
and 5:00 pm., except for official state 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 NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days follow the taxed or electronic
transmission. You should contact the Office of Administrative Hearings with all questions
regarding the filing fee and/or the details of the filing process, 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 also be served on DENR as follows -
Lacy Presnell, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number has found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received statrip (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection of the penalty through a civil

lFPV
action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. if the violations are of a con in mature not related to
op ration and/or ai t ngnj e r bl � and you anticipate remedial construction activities
°n ma wish to consider apt in fora
about this civil exalt assessment or a Special girder b = nser�t Tease contact the Water
p lity Sectio af of the MooLesville lie io al Office at7Q4) 663-1699.
{1 e Michael L. Parke
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHWENTS
cc; Mooresville regional Office ComplianceiFile / attachments
Raleigh Compliance/Enforcement, file / attachments
Central Files vvl attachments
rr 1p/m

-,q44
ATTACHMENT ;
CASE NO. LM-2013-0020
Outf ll Date Parameter Reported Value Permit Limit
001 3/1 ` /13 BOD 22.0 /L 19.0 mg/l, Daily maximum)
001 3/31 /13 BOD 13.E mg/L 13.0 rnL (Moral average)
001 Qtr. ending 3/31/13 Total nitrogen Noe Monitor once /q arter
01 Qtr. ending 3l3 l /13 Total phosphorus Nome* Monitor once x/quarter
Denotes civil penalty assessment
KBl, TIC did not provide a response to NOV-2013-1,,.M-0039 dated June 12, 2013,
Mitigating factors were not found on the March 20131 M1 to result in a reduced civil
penalty arnount.,

STATE OF NCt 'WTI CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL LRESOURCES
COUNTY OF CABARRUS
IN THE MATTER OF L I ; T WAIVER OF RIGHTTO AN
OF CIVIL PENALTY AG t T AD INI TR TIVE HEARING AND
I LLC STIPULATIONOF FACT
PERMIT NO. NCO047091
FILE NO. LM-2013-0020
Having been assessed civil penalties totaling . for violation( as set forth in the
assessment document of the Division ision of Water Quality dated July j 5, 2013, the undersigned,
desiring to seek remission of the civil penalties, 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:ir
support of remission of this civil penalty mustbe submitted to the Director of the Division of
Water Quality, within 30 days ofreceipt of the notice ofassessment. No new evidence in support
f a remission request will he allowed after 30 days from the receipt of thenotice of assessment.
This the day of _ 1
BY
TELEPHONE

JUSTIFICATIONTOR REMISSION REQUEST
DWQ Case Number: LM-2013-0020
Assessed Party: KBI, LIX
County: Cab
Permit Number: NCO047091
Amount Assessed: $647.44
Please use this form when requesting remission of this civil penalty. You must also complete the
"evt For Remisiion,
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. § 143B-282,1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. 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 -cjj, sessment factors in N.C.G.S. 1431 -282.1Lbj
i s -r�g Lro illy, lied to the detriment of the petitioner (the assm e-sentJactors are listed in
RgtL-- -app_
the civil penal4, assessm ent document);
(b) the violator nromptiv abated
violation (i,e,, explain the steps that you took to corriola ect the vtion and prevent juture
occurrewces);
(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 orpreparefor),A
(d) the violator had not been assessed civil penalticsLfor any revious violations-
-R- ----I
of
remedial actions (i.e., explain how payment of the civil penalty will prevent youftomperfin-ming
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER QUAL V
Violator: U-11--LIX
Facility: SilyqMa les�7 ajt�
County: Cabarrus
Case Number: LM-2013-0020
Permit Number: NCO047091
ASSESSMENT FACTORS
The degree and extent of harm to the natural resources of the State, to the puhlic health, or
to private Property resulting from the violation;
No harm has been documented- However, the discharge of BOD in excess of the permit limits
could cause a decrease in the instrearn dissolved oxygen concentration downstream of the
facility. The receiving stream is the Rocky River, a class C, in the Yadkin -Pee Dee River basin.
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; No damage has been documented,
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance (monitoring violations) is equivalent to the cost
to complete total nitrogen and total phosphorus monitoring (—$125 - $150 for both analyses).
6) Whether the violation was committed willfully or intentionally
This is the third quarter (two in 2012 and one in 2013) in which the total nitrogen and total
phosphorus monitoring was not completed. The monitoring was last completed in June 2012.
No reason was given on the March DMR for the BOD violations.

The prior record of the violator in complyingor failing to comply with ro over
which the Environmental Management Commission has regulatory authority; and
'there have been 13 previous CPAs for the Silver Maples WWTP during the life of the permit._
o CPAs have been issued in the past twelve months.
The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $147.44.
Miohl , pier, oi«nl Sups isor
Surface taster Protection
Mooresville Regional Office
Division of Water Quality

"MONITORING
REPORT(MR)VIOLATIONS
PERMIT, NCO047091
for:
FACILITY. K 5 1 LLC Kurfander Boggs Investments LL -Silver
COUNTY: Cabarrus
R pod Datw Lt 111113 Page: 1 of 4
REGION: Mooresville
Maples Community
Limit Violation
MONITORING CLrTFALLf
i%EPr�RT
VIOLATION
UNIT OF
CALCULATED
PPI
LOCATION
PARAMETER L1ATE
FREQUENCY i�1E t1F3E
LIMIT
idALL9'E �! OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
.03 � 2013 001
Effluent
800, -Day ( u Deg. ) - 0311 113
Weekly mgA
15.5
22 1282
Daily Maximurn Exceeded
None
Concentration
03 -2013 001
Effluent
6f'3D, 5-Day (20 Deg, Cl 03131113
Weekly rngd9
13
13.5 3.85
Monthly Average Exceeded
None t� �
Concentration
NCO06 76
FACILITY. Carolina VIa � � - Carolina Mobile
COUNTY:
��lV. � life
Hants Prk
tyy
o Y'"+„}..
.y q� p y
ttT�lt b'4M.It�I
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&w: I I \ i s.,.... 3; i Y.
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'.w' ..,„. F "•. '1
,5.... Y
4
..,
MONITORING fOUT1 ALL d
'ViOLATIC*
UNIT OF
CALOULATED
t
REPORT FIN
LOCATION
PARAMETER DATE ?
FREQUENCY MEASURE
LIMIT
VALUE. OVER LIMIT
VIOLA,, TION TYPE
VIOLATION AoTILtN
143. =201 001 `°;,
Effluent
BOO, 5-Day (26 Deg. Cj: 03104/1 3
Weekly kly 41
4' "
51 " "` 13,33
DsHy Mi1ximum Exceeded
hltsne
rConcentration
03 2013 001
Effluent
l
ROD, 5 Ddy � f1 Deg. C) ,N D3/26113
Weekly rngA ",
45
52 r...,,, 1556
Daily Mi �irnum Exceeded
None
Concentration
l:
03 �E013 001
Effluent
DOD, 5-D y U Deg. CI - 03131113
Weekly rngll
30 "
36 20
Monthl Average Exceeded
Non
Concentration
4

PERMIT: NCO047091
FACILITYe
-K B I LLC Kurfander
Boggs
Investments
LL - Silver
COUNTY: abarrus
REGION:
Mooresville
Maples Community
Monitoring Violation �'. �.:
" e .mm � Z�
(-S_
MONrrORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
+ap
REPORT PPt
LOCATION
PARAMETER
CRATE
FREQUENCY
MEASURE
LIMIT VALUE l OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
03-2013 001
Effluent
Nitrogen, Total (a N) -
03131113
Quarterly
mgll i "
Frequency Vlolation
Norge
I1
Concentration
i 11. s tl3 _ t11 001
Effluent
Phosphorus, Total as P -
tt3131113
Quarterly
itl ll!
Frequency Violation
None
Concentration
PERMIT. NCO070289
FACILITY: Ridgewood'Ridgewood'Parms Subdivision
QTY:bs�lFrREGION:..
Mooresville
Obtivlslo
w
Monitoring Violation
MON1TGRlNG OUTFALL t
3VIGLATIt N
UNIT GF:
CALCULATED
REPORT PPI
LOCAT16N
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT VALUE % OVER LIMIT
V*LATIt?N TYPE
VIt�LAiI IN AC71ON
03 -2013 001
Eftlue6t
Chlorine, Total Residual
031 2113
3 week
ug1l
Frequency Violation
Ncsne, :
PERMIT: NCO020737
FACILITY: City of Kings Mountain T Pilot Crash WWTP
COUNTY, Clevelandl
Mooresville
}
Monitoring Violation , ?"-1 "�
'r�. 'r " .' C.
°. 1
(� �� "-r'
k't `I,
t P
t b
MONITORING OUTFALL t
Y10LATION
UNIT OF
CALCULATED
REPORT PPI
LOC TION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT VALUE % OVER LIMIT
VIOLATTK)N TYPE
VIOLATION ACTION
03 » g13 001
Effluent
Cadmium, Total (aa Cd)
1131tagf13
Meekly
ugll
Frequency VEoiatlon
None ,
0342013 301
Effluent
Cadmium, Total (as Cd)
C13116113
Weekly
u91P
Frequency Violation
None
01 a3013 001
Effiaent
Cadmium, Total (as Cd)
03130113
Weekly :
ugll
Froqu ncyMolation
Nana