NC0047091_Enforcement_20150902

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$ KBI, LLC
80 SOUTH LAKE AVENUE
9 ' SUITE 719
c PASADENA CA 91101
ATTN: MR LOGAN BOGGS
dwr/wb 9/2/15

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KBI, LLC If YES,enter delivery address below: ❑ No
80 SOUTH LAKE AVENUE EDILBERTO
SUITE 719 RAYMUNDO
PASADENA CA 91101
ATTN: MR LOGAN BOGGS
dwr/WB 9/2/15
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610 EAST CENTER AVE ; c ' o
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NC DON OfEnvironmental Qtjmity
WaterResources Raleigh Regional offic
AU FAWRONKENTAL OVTY e,
May 18,2017
Mr, Logan A Boggs
K B I LLC Kurlander Boggs Investments LLC
80 S Lk Ave Ste 719
Pasadena, CA 91101
303M =**
Subject: Payment Acknowledgement
Silver:' aaples Community
Permit NCO047091
Case No. LV-2015-0153
Comity Cabarrus
Dear Mr. Boggsa
This letter is to acknowledge receipt of payment in the amount of $1,246.97 received from you on
05/12/201T This payment satisfies in full the above civil assessment (s) levied against the subject facility,
mid this case has been closed. Payment of this penalty in no 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 Thedford at 919-807-6397.
Sincerely,
Wren Thedfand
cc: Central Files
NPDES
Mooresville Regional Office
State of Nordi Carolina I Environmental Quality I Water Resources
6 1 OEwst Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

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._ Silver Maples NCO047091 settlement...
I Basinger, Corey [ oreyr.ba ing r n d nr, rl ]
You replied on 5/11201,? 9.54 AK
8 t Dvieted Item (d5 8
nRSent., Tuesday, Apnj 25, 2017 9:58 AMDra i-:v
7`1 Intr x (t.1) To, Debb€l r•4cKnney
JunJunk -mail D21 Scheller, vo rt r�asc��C�.srR SV�r, r��a� �,govi; PItner, Andrew L�idP .v�� t �r ?Ci&�ik, �i�; D�rd Derek
Errs [deral:�dr nar'[e-mail]]; Risalaa,rd, byre %rT0n,r159arrrd@ncdenr,gdvl; Hennessy, 1�8mn �Ichn h�a rr�ssy r clen ,euv)v
Debbie,
I t +;7 Sterns t11 ] Pursuant to our phone conversatfcn do Monday, April 24th, I am sending you this email to provide the details of
our proposed settlement of outstanding civil penalties assessed against the Silver Maples farfitgr (NC0047091).
' Kanage reldem The detaHs of the outstanding penalties are as follows:
TACKLE
e.
Case No. MA R month Assessed date penalty arrmount Enforcement Total AssQs d
��.� costs r
penalty
LV-201571an2015 9/29r2Q1 437.50..
t1199 $145. $ 54,47
W 2015- Feb 2015 10/8/2015 ,
0202 562. c $1469� 709. 7
LV-2015- l
1u1 `t5, 20 562.5L7
tech 20I5 $116.97 709.47
0206
1v-21- July 2014: /2/2a1 - 125.t0 $14. $1,2,s
01155
LV-2015- Juno 201s1 9/16/2015 fa 7.5tJ 146. y �4.47
0161
LV-2015- 1rtaY 2014 9/16/2015 $1,375006,07 $1,52137
0153
01 3 7.,..
TOTAL $6,350.0 8 $1,022 55 $ , ..5 �
As per our conversat on,, and pursuant to my delegated authority to settle outstanding civil penalties of thls
nature, the Oivlsion of Water Resources offers the following Settlement for all the outstanding penalties;
TIA
C?IdiF ,Assessed Original 20� Enforcement Tatal Assessed
month date Penalty Reduction in costs penalty
amount on lna1
_. penalty
Jan 20i5 9 29 2C71S99
/ 1 43i.5ti $350.00 $146.92 496.97
Fels 015 10/8/20 552,50 $45iiX0 $ 4 ,97 595.0M rch 10/8 /2025 $ 562,50 .$45o,00 $146,97596,97
July2014 / %z I L5 is.Jfo 9 0.00 1 . 1,043= 6st.7lung 9rP 0151 2 $ 6837,50 $5 0X0 $146,97 $692014,
IV-2015- May2,014 9/16/2015 $1.,375.00 $1,100,00 $,146,97 $1,246.91
025
LV'-2015u ... NApril 9/9/201,5 $1,600,00 $:La260.Qii $lfi5$gna
$a,423.65 � ffOl 2014
_..
it TA55
L $6,350"'D $5,u0ts0.OSs alcs22.55
_. p.
55
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KNEW
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
September 2, 2015
MnEWD MAZ 7015 0640 0002 4199 3241
RETURN fWM" -
Mr. Logan Boggs
K,BI, LLC
80 South Lake Avenue, Suite 719
Pasadena, California 91101
SUBJECT: Notice of Violation and Assessinent of Civil
Penalty for Violations of N.C. General Statute
143-215. 1 (a)(6) and NPDES Pennit No. NCO047091
Silver Maples Community WWTP
Cabarrus County
Case No. LV-2015-01-53
Dear Mr. Boggs -
This letter transmits a Notice of Violation mid assessment of civil penalty in the arnount of
$1521 .97 ($1375 civil penalty + $146.97 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. NCO04709 1, The violations are summarized
in Attachment A to this letter.
Based upon, the above facts, 11 conclude as a matter of law that KBI, LLC violated the terms,
conditions, or requirement,, of PDES 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 maximurris 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 Resources, L Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against KBI, LLC:
Moores011e Regional Office
UxOom 613 East Center kve,, Sufte 301 Mooresv'Me, NC 28115
Phone: g704) &63-1699 t Fax: J04) 663-60401 Customer Service; 1-877-623-6748
lntemet. httpitportal,nodenr,orgfwebtwq

250.00 For 2 of the three (3) violations of G.S. 143-215.1 (a) (6) and
NPDES Permit No, NC 0047091 m by discharging Nvaste into the,
waters of the State in violation of the permit daily maximum
effluent limit for BOD.
375.00 For___3 __ofthe three (3)violationsoffix. 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 perinit daily maximurn
effluent limit for fecal coliforra.
$ 125,00 For -"-' I --- of the one (1) violation of G.S. 143-215. 1 (a)(6) an
ESd
NPDPermit No. NCO047091, by discharging waste into the
waters of the State in violation of the permit daily niaxinturn
effluent limitfor total suspended solids,
'115 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 permitonthly average
effluent limit for BOD,
12.5 For I of the one (1) violation of G, S. 1, 43-215 .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 (1) violation of G.S. 143-215.1(a)(6) and
Np1j1--'PeitNo. NCO04709 1, by discharging waste into the
waters of the, State in violation of the pennit monthly average
effluent limit for total suspended solids.
137500 TOTAL CIVIL PENALTY
146.97 Enforcement costs
152L97 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, 14313-282. 1 (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 etTect 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 thefollowing:
1. Submit payment of the penalO:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver or 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
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 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 administrativehearing 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 deterntining 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 enviromnental 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 inwriting. 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 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
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 realission, 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 folloxving address.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
mo
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 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
H etings 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 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 Hearingswithin,
seven (7) business days following the faxed 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 arid fin numbers for the Office oaf Administrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax-. (919) 431 -3 100
One (1) copy of the petition must also be served on DENR as follows
Mr. Sam M. Hayes, General Counsel
DENR
1601 Mail Set -vice 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,
y
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 about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone]
0 atet Michael L. Parker, Regional Supervisor
)/
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attarlunents
Raleigh Cornpliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHNIENTA
CASE .LV-2015-0153
Outfall
Date Parameter
RevortedValue
Permit Limit
1
S/ /2014
z L
19.5 mg/f: (Dalymaximum)
1
5/20/2014 BOD
2-/L
19,5 m/L (Daily maximum
tl 1.
/ 7/2014 BOD
49 mg/L
19.5 mg/L (Daily maxim
001
5/6/2014 Fecal, l C liforrn
6,000 CFU/100nil,.*
0 FU/1 0 nil (ilyr maximum)
01
/ 0/2014 Fecal Coliform
6,000+ fl..Y100 nil.
400 CFU/l 00 ml.(Daily maxima
1
/27/2014 fecal Colifonn
954 `ft.1/I00 ml.
400 Clw// 100 ml,(Daily maximum)
till
/ 7/14 TSS
7 L
45 m /L (Daily maximum)
1
/ 1 / 14 BOD
28 mg/L
13 nig/l(Monthly average)
(l
5/ 1/14 Fecal, life
4 0A9 : 1.T/100 le*
200 Cl I/1111 1. TvIonthly Average)
001
/ 1 / 14 TSS
34 Ong/ .,
30 mg/L (Monthly Average)
Denotes civil penalty assessment
l,,
LLB" dial not provide a response to NOV- 01 -1,V-0 -56 dated March 19, 2015,
Mitigating factors were not found on, the May 2014 DMR comments section to result in
reduced civil penalty arnount.

i
LV-2,015- May 2019/16/201,375,00 ,1$14.9$1,2
015 LV-2015- pril 201#46.97
9/9/2015 $1,600,00 $1,280.00 $143.85 $1,423.85
TOTAL $6,350.00 $5,080.00 $1022.55 L5
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 $5,080.00) plus the investigative enforcement costs ($1,022.55).
This Settlement Offer is val/d from vour receipt of this email until ch
ase o usss n My 0. 23 217 Lb ineo
You may submit one remittance (paid to the order of NC Division of Water Resources) in the amount of $6,10,2.55 to
the following address:
NC Division of Water Resources
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
Attw W. Corey Basinger
Your effort to resolve these matters is greatly appreciated and I took forward to assisting you in bringing these matters
to a successful conclusion.
If I can be of further assistance, please do not hesitate to contact me either at this email address or via phone at 704-
235-2194.
Many thanks!
Corey
W Corey Basinger
Regional Supervisor
Division of Water Resources
Mooresville Regional Office
Department of Environmental Quality
Chairman
Water Pollution Control Systems Operator Certification Commission
704-235-2194 office
[e-mail]
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
""'Nothing Corripare,,,
Email correspondence to and from this address is subject to the
North Carolina Publir Records Law and may be disclosed to third parties.
2

Basinger,
From: Basinger, Corey
Sent:
Tuesday, April 25, 2b i i '12:59 PM
To:
'Debbie McKinney'
Cc:
Scheller, Roberto; Pitner, Andrews Denard,
Derek; Risgaard, Jon; Hennessy, John
Subject:
Silver Maples NCO047091 settlement...
Tracking:
Recipient
Delivery
'Debbie McKinney'
Scheller, Roberto
Delivered: 4/25/2017 12:59 PM
Pitner, Andrew
Delivered: 412512017 12:59 PM
Denard, Derek
Delivered: 4/25/2017 12:59 PM
Ris,gaard, Jon
Delivered: 4125t2017 12:59 PM
Hennessy, John
Delivered: 4t251201712:59 PM
Debbie,
Pursuant to our phone conversation on Monday, April 2 Wh, I am sending you this email to provide the details of our
proposed settlement of outstanding civil penalties assessed against the Silver Maples facility (NCO 047091).
The details of the outstanding penalties are as follows:
TABLE 1
L base '-No.- MR month Assessed date Penalty amount Enforcem
ent costs I Total Assessed penal}
' I
I LV-2015-0199 I Jan 201�
R%7=1
As per our conversation, and pursuant to my delegated authority to settle outstanding civil penalties of this nature, the
Division of Water Resources offers the following Settlement for all the outstanding penalties:
TARLF
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
10/9/2015
56250
$450.00
$146.97
$ 596,97
0206
2015
LV-2015-
July 2014
9/25/2015
$1,125,00
$900,00
$143.85
$1,043.85
0165
LV-2015-
June 2014
9/16/2015
$ 68750
$550-00
$146.97
$ 696-97
1 0161
J-
0

I FA
NcD—ER
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaal
Gov Secretary
September 2, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3243
RETURN RECEIPT REQUESTED
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)(6) and PDES Permit No. NCO047091
Silver Maples Community WWTP
Cabarrus County
Case No. LV-2015-0153
Dear Mr. Boggs-,
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1521 .97 ($1375 civil penalty + $146.97 enforcement costs) against KBI, LLC.
This assessment is based upon the 4olloA&ing facts: A review has been conducted of the sell -monitoring data reported for May 2014. This review has shovm the subject facility to be in violation
of the discharge limitations found in NPDESPermit No. NCO047091. The violations are summarized
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 Pe No. NCO047091 an, d 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 Resources, 1, Michael L. bar ker,.Regtonal Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against KBL LLCM.
Mooresv�lle Regbnal Wce
Location: 610 East Cantor Ave,, Sufte, 301 Mooresville, NC 28115
Photw (704) 663-16909 1 Fax: [phone]% Customer Servloe' 1-877-623-6748
Wemet: htlpJIpertaLnCdenr.oVwWwq
M, Equa,-,' Cpptxtm-ay " Affirrnat'Ne Actor E'rpbyer - 3C% pecyc red') 106 RxO ("Ons',fnqr pajww

+s �r
Pat McCrory Donald van der Fart
Governorr drta
September 3, 2015
Mr. Logan Boggs
K g LC
80 South Lake Avenue, Suite 719
Pasadena. California 9110 1
SUBJECT: Corrected Enforcement Package
NPDES Permit No. NC0047091,
Silver ?Maples Community WWTP
Cabarrus County
Case. No. -` 015-015
?ear Mr. Boggs:
This Office issued the original, Notice of Violation and Assessment ofCivil Penalty on
September 2, 2015 for effluent Bruit violations reported on the May 2014 DMR. Upon further review of
the document, it was determined, that the incorrect month was noted and, therefore the applicable pages
in this enforcement package have been updated to reflect this correction, Please replace the applicable
pages in the original enforcement package with the attached corrected pages. We apologize for any
inconveniences in this matter.
Should you have any questions concerning the report, please do not hesitate to contact me at
(70) 7 5-71 t1 or at ori.tuN-ia cii).ncdenr.a(2v,;
t ri Tuvia, Environmental Engineer
Mooresville regional Office
Water Quality Regional Operations Section
Division of Water Re -sources, p? Nl
Enclosure:
Corrected Pages
cc: Mooresville Regional Office Compliance ce file w/ attachment
Raleigh Corr plianc:e/ nforcernent File we° attachments
MSC 1617 -- Ventral .files basement
Mooresville Regional Office
Locatim 610 Fait Center Ave- Site 301 MooresvfP < NG 28115
€ hone, (r n4) 3. ,ti99 Fax; Cr ) 56 04 °, Cu t,omer Service: 1-877- %3-67
[Merrxit hffp,.r',,pnrlai,nodenr,orgkvebAvq
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Pat McCrory Donald van der Fart
Governorr drta
September 3, 2015
Mr. Logan Boggs
K g LC
80 South Lake Avenue, Suite 719
Pasadena. California 9110 1
SUBJECT: Corrected Enforcement Package
NPDES Permit No. NC0047091,
Silver ?Maples Community WWTP
Cabarrus County
Case. No. -` 015-015
?ear Mr. Boggs:
This Office issued the original, Notice of Violation and Assessment ofCivil Penalty on
September 2, 2015 for effluent Bruit violations reported on the May 2014 DMR. Upon further review of
the document, it was determined, that the incorrect month was noted and, therefore the applicable pages
in this enforcement package have been updated to reflect this correction, Please replace the applicable
pages in the original enforcement package with the attached corrected pages. We apologize for any
inconveniences in this matter.
Should you have any questions concerning the report, please do not hesitate to contact me at
(70) 7 5-71 t1 or at ori.tuN-ia cii).ncdenr.a(2v,;
t ri Tuvia, Environmental Engineer
Mooresville regional Office
Water Quality Regional Operations Section
Division of Water Re -sources, p? Nl
Enclosure:
Corrected Pages
cc: Mooresville Regional Office Compliance ce file w/ attachment
Raleigh Corr plianc:e/ nforcernent File we° attachments
MSC 1617 -- Ventral .files basement
Mooresville Regional Office
Locatim 610 Fait Center Ave- Site 301 MooresvfP < NG 28115
€ hone, (r n4) 3. ,ti99 Fax; Cr ) 56 04 °, Cu t,omer Service: 1-877- %3-67
[Merrxit hffp,.r',,pnrlai,nodenr,orgkvebAvq
An Equal Carl zar`wnitl �A...rnaaiw Auhon Em lbb RDA-, RKy6td!10 csf r s= r

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CABARRUS
` HE MATTER OF ASSESSMENT WAIVER CAI RIGHT TOANT
F CIVIL PENALTY ACID T ADN[INISTRATIVE HEARING D
RBI, LLC STIPULATION OF FACTS
PERMIT NUMBER NCO047091
FILE NO. LV-2015-0153
Having been assessed civil penalties totaling $1521.97 for violation(s) as set forty in the
assessment document of the Division of WaterResources dated March 19 2015, the undersigned,
d,
desiring to scoff remission of the civil penalties, discs hereby waive the right to an administrative
hearing in the a-bove-stated matter and dues stipulate that the facts are as alleged in the assessment'
document. The undersigned further understands that all evidence presented in suppoit 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 _ day of _ m T l
BY
ADDRESS
TELEPHONE

RJSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0153
Assessed Party: KBI, LLC
County: ("abarrus,
Permit Number: NCO047091
Amount Assessed: $1521 .97
Please use this form when requesting remission of this civil penalty. You must also complete the
inistrative Hearin, and Sti ulation oFacts"
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 staten-tents, contained in the civil penalty assessment document.,
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies, please check- eachfactor 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 re
�sronat r ly at�nlred to the detriment of the petitioner (the assessment factors are listed
in the civilpenalty assessment document);
(b) the violet ac rater tiv abated continuin enviro errtai danra e res ltin from 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 (Le., explain why the violation
was unavoidable or something you could not prevent or prcpcare fio);
(d) the violator had not been assessed civil nenalties for u
(e) r the rernaiginjIg�y_j�medial
actions (i. e., explain how pqyment of the civil pen alfy will prevent youfroin performing
the activities necessary to achieve comphanco,
EXPLANATION: (use additional pages ay necessaty,

NORTH CAROL INA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: KBL LLC
Facility: Silver Manles Community WWTP
County: Cabarrus
Case Number: LV-201,5-0153
Permit Number: NCO047091
................
penetrates tnrougn Me water, TUrTner ciecreasing c M
high levels of solids can kill fish by clogging their gills;, lowering their resistance to disease, and
smothering their eggs.
4) The cost of rectifying the damage;
5) The amount of tnonq s;aved hy noncomoliance,
6) Whether the violation was committed willfully or intentionally;
The DIVI of Weiter Resources has no evidence that the violations Were committed Wilftly
intentionally. I

7 The prior record of the violator in complyingor failing to comply with programs over which the
Environmental Management Commission has regulatory authority
There have been 18 previous CPAs for the Silver Maples WWTP with 4 prior CPAs being issued in
the lest 12 months. The last CPA was issued on August 28, 2015 for fecal coliform, TSS, and BOD
violations that occurred in ,April 2014.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146.97.
is Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, N D NR