NC0047091_Enforcement_20150828

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rPostage
n $ KBI, LLC
j ro
80 SOUTH LAKE AVENUE
sE SUITE 719
_3 Si, PASADENA CA 91101
ATTN: MR LOGAN BOGGS
dwr/wb 8/28/15

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S Fnrm 3800-Annl 201S/Rwvwrsnl PSN 70.40-02-000-9047

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KBI, LLC If YES,enter delivery address below: 0 No
80 SOUTH LAKE AVENUE
SUITE 719
PASADENA CA 91101 EDILBERTO R \YTUNDO
ATTN: MR LOGAN BOGGS
dwr/wb 8/28/15
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7015 0640 0007 5707 4838 cted Delivery Restricted Delivery

UNITED STATES POSTAL SERVICE First-Class Mail
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USPS
Permit No.G-10
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• Sender: Please print your name, address, and ZIP+4® in this b x•
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DENR/WQROS m
610 EAST CENTER AVE m * --0 v
SUITE 301 m x n
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MOORSEVILLE NC 28115 0 o r m
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y COOPS
MICHAEL S. REGAN'
Seartary
ENVWKWKENTAL OVAUTY Dh"ar
n.
May 18, 2017
Mr. Logan A Boggs
LLC Kurlander Boggs Investments LLB
LkAve Ste 1
Pasadena, CA 91101
Subject: Payment ent knowled ement
Silver Maples Community
Case No. LV-2015-0137
County Cabarrus
Dear Mr. Boggs:
This later is to acknowledge receipt ofpayment in the amount of'$1,423.85 received ftOM YOU OD
05/1 1 f11 . This payment satisfies in fill the above civil assessment I levied against, the subjjeet t'aeil t °',
d this case has, been closed. Payment rfrothis penalty in nil way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
If you have any questions, please contact Wren 'I lied ord at 91-807-6397.
Sincerely,
Wren Thedford
cc: Central Piles
NPDES
Mooresville Regional Office
State of North Carolina k En-virunotental Quality } Waiter Resources
610 fast C,`entet Avenue, Suitt 301, Mooresville, TIC. 28115

Retein ttws statement for your records
IMM

Silver Maples NCOo47Ogj settlerrL.. - Outlook Web Acceas tight
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Silver Maples NCO047091 settlement..
t Basinger, Corey [corey.basinger@ncdenr,.gov]
You replied an 51112017 9:54 Ail,
D Deleted Items ,IsI Bk
ra lea} Sent', Tuesday, AFTil 25, 7-017 9:5E AM
Inbox (15) To.: Debbie M°IcKinney
Junk -m,3i1 cheHer RubertL tr'��.�rkcs iteige,"�h���T mrr'�, Parr^r,, Andrew [�r �v�a<t�r���r re r. D rd, Oars
_a inr .ren x an cz .g Risgaard, ]on �,jon,resgaart�@mderr.
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Sent Items
Debbie,,
Deleted Items fl 1 Pursuant to"raur phone conversation on Monday, April 24th, & d sending ycasr this email'to provide the details of
our proposed settlement of outstanding civil penalties assessed against the Silver Maples facility (NCO l 091).
manage rolders... The details of the outstanding penalties are as finlos
TABLE
Case No. 6NIR mom th Assessed date Penalty amount Enforcement Total Assessed
5- costs ...,penalty
Iwti-2C115-- Ran 2015 9 29 2015 � ���._._.� �_..
/ / 437,50 $1.46.97
i31139 $ S8,47 i
L.1t 2015 Feb 2015.- OJ8p20a5 $ 562,5t1 = $i46.97
0202 $ 709,A7
672015- March 2015 10/8/2to
n0 62.0 $z4.9a 709.47
016 15w luny 2014 9/2 2115 ,...- - 125.00 $14185 $3,26&3
14
0161
Lv-2015- i44ayr2014 ' 9/,1s/2n15 ,
$113r5.0 6.97
0153 1,S2i.9
W-2015-..,,,; April 2014 9/9/2015 $1,600.00 $14185 $1,74 .8
L11�y :
7LT 6,350,00 $1.,02 ,z5 $ ,_ _.5
As per our conversat on, and pursuant to my delegated authority to settle outstanding civil penalties of this
nature, the f ivisitrn of Water Resources offers the following Settlement for all the outstanding penalties,
STAB
0WAR .Assessed Ori&al _ 20%Fn1nt Total Assessed
month date Penalty RedUCtion penalty
amount origmai
L 2015- ra 201 �`2 /2 1 7,50 $ s .vw_
0199 $ 496.7
LV-2015- Feb 2015 10/ /201 $ 562.50 $450.00 $ 59 ,92`n2nz } -m-V� 2015- r arr.n 1 /812n1$ _
t12c�6 ��
1.4r'_2015- uiy 2014 9/25/2015 $1, 25i,00 _ $90 .00 �F
0165 $143.85
sane 9/16/2015 $ E37.SCi $550.00 Sidtl.s7 E96.9
0161 2014,
Lv-2t315w eta a1 a.
9/1 /2ti1 1." 7-5.00 $1,100,00 $146� 7 $ . 4 .97 .
t1a.s
-r7t 1s- rll /201 P f $-,6iktt.00 $1,25t3.Oti $3 3 5 $1,423.85
9
0137 2014
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MEN, i
Pat McCrory Donald van der Vaart
Governor Secretary
August 28, 2015
CERTIFIED MAIL 7015 0640 0007 5707 4838
RETURN RECEILLRLgLhjM
Mr, Logan Boggs
KBI, LLC
80 South Lake Avenue, Suite 719
Pasadena, California 9 1, 101
SUBJECT. Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. 1 (a)(6) and NPDES Permit No. NCO047091
Silver Maples Community WW'I?
Cabarrus County
Case No. LV -2015 -013 7
Dear Mr. Boggs:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$174185 ($1600 civil penalty + $143.85 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 April 2014. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NCO047091 . The violations are surmnar. ized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that KBI, LLC violated the terms,
conditions, or requirements of NPDES Permit 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 maximurns established by G.S. 143-215.6A(a)(2).
Based, upon the above findings of fact and conclusions of law, and in accordimce with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Resources, 1, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against KBI, LLC:
McoresWle Regbnat Office
Location,: 610 East Center A-- Suite 301 Mooresville, PIC 28115
Phore-I [phone]k Fax: (7CA) 663-6040'k, Customer Servlca1-877-623-6748
Jnternet: http,11portal mAenr org , /vjebMq
Ai Equa� Affiraiatve Actior Emptaysr - 30% Recy"Ietl"'10% PC*! Cnnsignar paper

500.00 For 5 of the five (5) violations of G.S. 143-215, 1 (a)(6) and
NPDES Permit No, NCO04709 1, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for BOD.
For 5 of the five (5) violations of G.S, 143-215, l(a)(6) and
NP15fS-Eermit No. NCO04709 1. by discharging waste into the
waters of the State in violation of the, permit daily maximum
effluent limit for fecal coliform.
1,00.00 For I of the one (1) violation of G.S, 143-215. 1(a)(6) and
NpDES Permit No. NCO04709 1, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids.
$250,00 For I of the one (1) violation of G.S. 143 -215, 1 (a)(6) and
NPF)ES Permit No. NCO047091, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for BOD.
$250.00 For I of the one (1) violation of G.S. 143-215. 1 (a)(6) and
NPDES Permit No. NCO047091, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for fecal coliform,
$ 0 For '- I of the one ( I ) vio lation, of Cr. S a 143 -2 15 01 (a)(6) and
NPDES Permit No. NCO04709 1, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids,
$_0 For —,, I -- of the one (1) violation of G. S , 143 -215. 1 (a)(6) and
NPDES Permit No. NCO04709 1, by discharging waste into the
waters of the State in violation of the pcnnit monthly average
effluent limit for flow.
16WOO
143-85
$ 1743.85
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G. S. 143 -21 5.6Atc), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Lawand the factors set forth at G.S. 14311-282. I (b), which are:

(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;
(2) The duration and gravity of the violations;
(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 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 Commission has regulatory authority; and
(8) The cost to the State, of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following;
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not inclucle waiverfibrin). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of
Branch
Division of 'eater Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed katilkAtion f6r 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 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 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 G.S. 143B-282.1.(b) were
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 information 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
intbrin you of his decision in the matter of your remission request. The response will provide details
regarding case status, directions for payment, and provision for ftwther appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalt-
y 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,
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. The Division of Water Resources also requests that you complete and submit the enclosed
"Justification for Remission Request." Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
t617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. File a petition for an administrative hearing with the Office of Administrative Hearings -
If you Nvish 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 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 am. 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 following the taxed or electronic transmission. You should contact the
Of 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 Of of; dministrat ve
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-

Mr. Sam A Hayes, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 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 (30) days of receipt of this notice, 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 or collection of the penalty througli 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 about this civil penalty assessment please,
contact staff in the Mooresville Regional Office at [phone].
te) Michael L.—;arke!r,regional —Supervisor
Water Quality Regional Operations Section
Division, of Water Resources, NCDENR
ATTACTVvIENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh or File w/ attachments
Central Files w/ attachments

ATTACHMENT
CASE NO. LV-201 -01 7
Out%ll
Date
Parameter
Renorted Value
Permit Limit
001
4/1/14
BOD
42 mgtL.*
im
19.5 mg/L (Daily maximum)
01
4/8/14
BOD
60 mg/L*
19.5 rn /l. (Daly maximum)
6I1
4/16/14
BOD
58 mg/L*
19,5 mg/L (Daily maximum)
001
4/23/ 14
Soil
29 mg/L*
19.5 mg/L (Daily maximum)
001
4,12 /14
BOD
33 g,'L*
1. mg/L (Daily maximum)
001
4/ 1 / 14
Decal C of il"n -
6000 CFU/ l pl I. *
400 C4F 100 mL(`C ail ma:�rrnum
001
4/ /14
Decal Celst rm
6000 CFU/l ei ml.*
4,00 CFU/1 p ml,(l arly maximum)
01
4/16/14
Fecal Colifbnn
8700 CFLJ/10 rnl.*
400 CFU/l 00 al.(i ails'maximum)
001
4/23/1.4
Fecal Coliform
6000 CFU/1 d mI.*
400 CFU/1 ml.(Darly maximum)
01
412 /14
Fecal Coliform
6000 CFLT/101 ml.*
400 CFU/100 ml.(l aily maximurn)
001
4/16/14
'IS
4 mg/L*
45 mg/L (Daily maximum)
ail
413 / 14
BOD
45.4 /I,
13 mg/L (Monthly average)
01
4/3 / 14
Fecal Coliform
6463 Cl° U/ l t mi. *
200 C FU/ 100 mi., (Monthly Average)
001
4/30/14
TSS
3 .4 me/L
30 m (Monthly Average)
01
4/3 /14
Flow
0.044 MGD
O,04 NNICID (Monthly Average)
Denotes
civil penalty assessment
CBI,
LLC did not provide a response to NOV-2015-1.,V-01 6
dated,March 19, 2015.
Mitigating Factors were not found on the April 2014 DM, comments section to result in a
reduced civil penalty amount.

L "-2015- May 2014 /16/2 15 $1,375.00 $1,100.00 $146.97 $1,246s97
.53
L "-2315 April 2t 4 / /2 15 $1,600.00 $1,280.0014155 $1 423®65
p 37
TOTAL $6,350.00 5,080.00 22.5$6,102.55
As per the Table 2 above, the final Settlement amount is $6,102.55, This amount includes a 20% reduction in the
original civil penalty amount (down to 5, 6 .6 ) plus the investigative enforcement costs ( ,022.5 .
This Settlement er is val d he- otrr a ei t o this email i'rrrt�� lt� of business on MayL23,1017,
You may submit one remittance (paid to the order of NC Division of Water Resource in the amount of $6,102.55 to
the following address
NC Division of dater Resources
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
Attn: W. Corey Basinger
Your effort to resolve these matters is greatly appreciated and I look forward to assisting you in bringing these matters
to a successful conclusion-
If 1 can be of further assistance, please do not hesitate to contact me either at this email address or via phone at 7 ,-
23-214,
Many thanks!
Corey
W Corey Basinger
Regional Supervisor
Division of Water Resource
Mooresville Regional Office
Department of Environmental Quality
Chairman
Water ter pollution Control Systems Operator Certification Commission
7 4-23 -21 4 office
[e-mail]
Mooresville Regional Office;
610 East Center Avenue, Suite 301
Mooresville, SIC 23116
Nothing Compares
mall ce ospondenco to and from this address is subject, to the
North Caroltua PublicRecords Law and may be disclosed to third parties.
2

ew r-MIM
Frorm.
Basinger, Corey
Sent:
Tuesday, April 25, 2017 i. b9 PM
To:
'Debbie McKinney'
Cc :
Scheller, Robertq Pitner, Andrew; Dertard,
Derek; Risgaard, Joni Hennessy, John
Subject:
Silver Maples NCO 047091 settlement.,
Tracking:
Recipient
Delivery
'Debbie McKinney'
smeller, Roberto
Delivered: 4126/2017 12,59 PM
Pitner, Andrew
Defivered: 4125/2017 12:59 PM
Denard, Derek
Delivered: 412512017 12:59 PM
Risgaard, Jon
Delivered: 412,5/2017 12:59 PM
Hennessy, John
Delivered: 4125/2017 12:59 PM
Debbie,
Pursuant to M our phone conversation on onday, April 24Ih , I am sending you this email to provide the details of our
proposed settlement of outstanding civil penalties assessed against the Silver Maples facility (NCO047091).
The details of the outstanding penalties are as follows:
TABLE 1
1111 1111111111111roll! 1111ving I 11�
TABLE 2
Case No.
DMR
Assessed
Original
20% Reduction
Enforcement
Total Assessed
month
date
Penalty
in original
costs
penalty
amount
penalty
LV-2015-
Jan 2015
9/29/2015
$ 437-50
$350.00
$146.97
$ 496-97
0199
LV-2015-
Feb 2015
10/8/2015
$ 562,50
$450.00
$146.97
$ 596.97
0202
LV-2015-
March
10/8/2015
$ 562.50
$450.00
$146.97
$ 596.97
0206
2015
LV-2015-
July 2014
9/25/2015
$1J25.00
$900-00
$143.85
$1,043.85
0165
LV-2015-
June 2014
9/16/2015
$ 68750
$550-00
$146.97
$ 69&97
0161
1

STATE OF NORTH CAR OLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
KBI, LLC STIPULATION OF FACTS
PERMIT NUMBER NCO047091
FILE NO. LV-2015-013 7
Having been assessed civil penalties totaling $1743.85 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 19,201.5, 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 in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Resources within 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, --days of2015
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0137
Assessed Party: KBI, LLC
County; Cab
Permit Number: NC0047091
Amount Assessed: $174185
Please use this form when requesting remission of this civil penalty, You must also complete the
inistrative J& c� irin �and Sri �ulati�ono '�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 mkv 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. § 1,431-282.1(e), 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),
one or more of the civil penalty assessment factors in N.CG.S. 143B-282.1(b) were
xwongfully ap2lied to the detriment of the petitioner (the assessment Actors are listed
in the eivilpenalq, assessment documern),
(b) the
violation (i.e., explain the steps that you took to correct the violation andprevent
future occurrences),-
(c) the violation was inadvertent or a result of an accident (i,e., e):plain why, the violation
was unavoidable or soniethingyou could not prevent or preparefo),-
(d) the violator s violations;
(e av Brat of he civil malt will revetat a cnt r the remamina necessary remedi
actions (i.e., explain how payment of the civil penalty will prevent you rout perform ing
the activities necessar�v to achieve compliance),
EXPLANATION: (use additional pages as necessary)

Violator: KBI, LLC
Facility: Silver M Dles Communit (W'WTP
County: Cabarnis
Case Number: LV-2015-0137
Permit Number; NCO047091
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, the facility exceeded the daily niaximurn BOD and fecal
colifor�m permit limits every sampling week in April 2014. In addition, the facility exceeded the
monthly average permit limits for BOD, fecal coliform, TSS, and flow for April 2014.
3) The effect on ground or surface water quantity, or quality or on air quality;
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
6) Whether the vlol"oo was committed wittfully or intentionally,
The Division of Water Resources has no evidence that 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 Commission has regulatory authority;
There have been 17 previous CPAs for the Silver Maples WWTP with the last CPA being issued for
daily maximum fecal coliform and BOD violations (monthly average flow and BOD not assessed) that
occurred in December 2013.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $143.85.
S 1eelzl
Dafe Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR