NC0047091_Enforcement_20150904

NC Dept of Erildronflien't'I'l
off
a vigil Cegi lttal
Mrs Logan A Boggy
Isle l urland r Boggs Investments LL
Lk Ave Ste 71
Pasadena, na, 11 1
Subject: Payment Acknowledgement
Salver Maples Community
Permit 'l Cat 047091
Case No. LV- 15-111 l
County Cabarrus
Dear Mr.Boggs:
This letter is to acknowledge receipt of payment in the amount of $696.97 received from you on
f 5/15/ 01 , This payment satisfies in, full the above cavil assessment (s) levied against the subject facility,
and this case has been closed, Payment of this penalty in no Nvay precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
f you have any questions, please contact WrenThedfiard at 919-807-6397.
Sincerely,
.5io �kj
Wren Ttr
Central Files
PDE
Mooresville Regional Offi
State of'North Ca lin � F nviresnte aril Quafiq, � Water Resources
10 E.'a-st Center Av ntic, Suite 301, Mwresv Me. NC 29115"
704-663-169

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Debbie,
6edete Items (15 r 1f Pursuant to cur phone conversation on Monday, April 24", 1 am sending you this email' to provide the detadls of
our proposed Settlercent of outstanding ciA penalties assessed against the Silver Maples fani9ity° �NCO047.991).
Manage r-uie-iers.:: The details of the outstanding penalties are as follows:
TABLE 1
Case No; 19 p month Assessed date Penalty amount Enforcement Total Assessed �
_�-- casts „penalty
Ltd 2ta15R lags 2015 9/2 /2015 tJ 199 43i.5 J 1 � .�7 5 A,4
LV--201,5- Feb 2015 9 8/2015
O2ta2
LV-2015- ranch 201 . 10/ /2L1t­­a
_
$17 709.47
0206
L11-2015- Jul 'vi?14 9r2a2Ct15..„.,.-
Y �- t 12500 $143.85 $1,268.8
016,5
CV iGH5_ Jutre 1,014 "t /2Lri5 687.50 $146.97 834A7
0161
LV-2015 May 2014 9/16/2 15 $1,375.00 6,97
0153
l.v 2ta15- p..- April2014 9/9/2015 $1,60tl,00 $14185 $1,74 8S
TOTAL r $6,350.0 $1,022.55 $ a 55
As per our conversation, and pursuant tot y delegated authority to settle outstanding civil penalties of this
N-' nature, the Liivls3on of Water Resources offers the f0llowing Settlementfor all the outstanding penalties.
`x
" TABLE 2
o. f1rr1F Assessed ttrigs ail 2 5L Enforcement -Total Assessed
rnonth date Penalty Reduction in crr.cs penalty
amount original
penalty
Lv-2015-
.-
J-01�I29/2015� $ 43r J a _$14s.97 .._ 49_6.9' 0199 6. 696.�7LV-2015- Feb 201 10/ /26J5$ 23,.
0202
i
t -26 s- Ntarch 10/8,l201$ 562,50 $450X0 $146: 7 $ 596.97
V 0206 2t115
t-2tJ15 _ T. Irz_. /2/a1s $1.t1c 9rlt.tata $ $1,a43.6
�.
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$ L1.ra0 $ 46.a7 6 6.9
Lv-2ls- nay 2La._.
y / /1.3,ta $1,1tcl.otJ 16.971,46.7
0153
L -zn15. . pril 1 / E5 1,s6 .tta a.,Z n.a 1 3.86
137 2014
TOTAL n .mm $s,.elo $,61.61 1.L12v6
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
September 4, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3304
RETURN RECEIPT REQUESTED
Mr, Logan Boggs
KBI, LLC
80 South Lak-c Avenue, Suite 719
Pasadena, California 91101
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C, General Statute
143-215 . I (a')(6) and NIS Permit No. NCO047091
Silver Maples Community WWTP
Cabarrus County
Case No. LV-2015-0161
Dear Mr. Boggs:
This letter transmits a Notice. of Violation and assessment of civil penalty in the amount of
$834.47 ($687.50 civil penalty + $146.97 enforcement costs) against KIWI, LIX.
This assessment is based upon the following facts, A review has been conducted of the sel f-
monitoring data reported for June 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 summarized
in. Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I, LLC violated the terms,
conditions,, or requirements oft Pl 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 maximums established by G,S- 143-215.6A(a)(2).
Based upon the above fmdirigs of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Envirortment and Natural Resources and the Director
of the Division of Water Resources, I, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment agairist, KBI, LLC:
MooresviM Regional is
UY.Ow 610 East Center Ave,, Suite, 301 Mooresville, NC 28115:
Phow [phone] \ Fax [phone] % Customer Service ; 1-877-623-6748
lnlemet: http.'fiportaf,n,-,denr orgr'wstar
*q
An Equ a ' Affirmatve ktion Dmpbyer - 309%, Reoc fie.; ill IND Curzs,imer papir

$— 125A
For 1 of the one (1) violation of G.S. 143-215.I(a)(6) and
NPDES Permit No. NCO047091, by discharging waste into the
waters of the State in violation of the pennit daily maximum
effluent limit for BOD.
250.00 For —2-- of the two (2) violations of G.S. 143-215 ®1( )( ) and
NPDES Permit No. NCO047091, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for fecal coliform.
$312-5 For I of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NCO,047091, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for BOD.
687.50
146.97
834.47
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 1,43-215.6A(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), ,vbich 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 ato-unt 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 thefiollowing-
1. Submit pay, ment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiverjbrm), 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 violations ) occurred or the accuracy
of any of the factual, statements contained in the civil penalty assessment document. Because a
remission requestforecloses 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 -%,vhv you believe the
civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In deterinining 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. 14311-2811 (b) were
Nvrongfully 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.. ssessed 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
inforni 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 her appeal of the penalty to the
Enviromnental Management Commission's Committee on Civil, Penalty Remissions (Cominittee).
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 forremission,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
on
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 Offce 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 be filed byfacsimile (fax) or electronic mail by an
attached file (N'kith restrictions) - provided the. signed original, one (1) copy and a filing fee (ifs 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
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:
Mr. Sam M. 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 aii 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 Re, ' nal Office at (704) 663 -1699
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, INC UENR
ATTACHMENTS
Cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Comphance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
CASE NO. E - 01 -01 1
-Outfall Date Parameter
RmPermit Limit
00 / 4/2014 BOD
40 mg/L* 19,5 mg/L (Daily maximum)
fit 6/17/2014 Fecal Coliform
818FU/1 1, 400 CTU/100ml,(Daily ma im
01 6/24/2014 Fecal 1 olif
1,491 FU/1 1. 400 U,/100 ml.(l ail ° maximum)
001 /3 /14 BOD
20,75m.g/L 11,(Monthly average)
Denotes civil penalty assessment
KBI, LLB" did not provide a response to NOV-2015-I.V-01 ated March 19, 201, 5,
Mitigating; factors were not found on the June 2014 1MR cogents section to result in a
reduced civil penalty amount.

Basinger,, Care
From:
Basinger, pry
Sent:
Tuesday, April 26, 2017 12:59 PM
To:,
`Debbie McKinney'
c:
Scheller, Roberto; Pitner, Andrew, Den rd, Derek" # isgaard,,Jon, Hennessy, John
Subject:
Silver Maples NCO047091 se#tl rnent.,.
Tracking:
Recipient Delivery
'Debbie McKi nej°"
chelier, Roberto [Delivered: 41251 Q17 12,59 Plot
Pitn r, Andrew Delivered. 412 /2017 IZ59 Pi1li
Denard, Derek delivered. 4/251o17 12: a9 Phi
Edgard, Jon delivered 4/25/2017 12 59 Pik
Hennessy, John oeiivere& 4/25/2017 12: 9 Pitt'
Debbie,
Pursuant to our
phone conversation on Monday, April 241h, I am sending you this email to provide the details of our
proposed settlement
of outstanding, civil penalties assessed against the Silver Maples facility N0004
'091 ,
The details of the outstanding penalties are as follows;
TABLE
Case No.
DMR month Assessed date Penalty amount Enforcement costs Total Assessed penalty
LV 2015-0199
Jan 2015 9/29/2015 $ 437.50 $146.97
584.47
L `-2015-0202
Feb 2015 10/ /2015 562,50 $146.97
709 7
L °-2015-0206
March 2015 10/3a/2015 $ 562.50 $146.97
709.47
L-2015-0165
July 2014 9,/25/2015 $1,125.00 $141 5
$1,268. 5
I_ m2015-0161
June 2014 9/16,/2015 $ 687,50 $146.97
34,47
L °-2015-0153
May 2014 9;/16,/2015 $1,375,00 $14&97
$1,521.97
L '-2015- 137
I April 2014 9,/9/2015 $1,600.00 $143.85
$1,743,85
TOTAL $6p350w00 51,022.55
$7,372.55
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:
TABLE 2
Case No.
DMR Assessed Original 20 Reduction Enforcement
Total Assessed
month date Penalty in original costs
penalty
amount penalty
L -2015-
Jan 2015 9/29/2015 437.50 $350*Oil $ 46.97
$ 496,97
0199
L '-`y2i5-
Feb 2015 10/ /2015 $ 562.50 $450. $1.46n. 7
$ 96w9
0202
L _2015-
March 10/8/2015 $ 562.50 $450-00 $146.97
$ 596.97
0206
2015
V-201.5-
July 2 i14 9/25/2015 $1,12 .00 $900,00 $143.85
$1,043.85
01.65
L -2015-
June 2014 9/116/2015 $ 687.50 $550.00 1 $146.97
$ 696.97
0161

1 LV-2015-
0153
—FV-2015-
0137
May 2014 9/16/2015
$1,375.00
$1,100.00
$146.97
$1,246.97
April 2014 9/9/2015
$1,600.00
$1,280.00
$143.85
$1,423.85
TOTAL
6,0.
$3500
$5,080.00 -1
1022�'
$6,102.55
original civil penalty amount (down to $5,080,00) plus the investigative enforcement costs ($1,022.55).
This Settlemen� r is valid from your receipt of this email until close of business on Mov 23, 2017.
You may submit one remittance (paid to the order of INC Division of Water Resources) in the amount of $6,102.55 to
the following address.
NC Division of Water 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 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
NothmgCornpares
Email correspondence to and from this address is su4iect to the
Notth Carolina Public Records Law and may be disclosed to third patties.
2

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CABARRUS
IN T14E 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-gip 161
Having been assessed civil penalties totaling $834.47 for violation(s) as set forth in the
assessment document of the. Division of Water Resources dated Nturch 19. 2015, 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 ftirther understands thatall evidence presented in support of remission, of
this civil penalty rust 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 gill be
allowed after 30 days from the receipt of the notice of assessment.
This the day of 2015
BY
ADDRESS
TELEP14ONE

SUSTIFICATION FOR REMISSION, REQUEST
DWR Case Number: LV-2015-0161
Assessed Part, y. KBI, LLC
County- Cali its
Permit Number: NCO047091
Amount Assessed: $834.47
Please use this form when requesting remission of this civil penalty. You must also complete, the
41 ministrative H arm and ulation o Facts"
form to request remission of this civil penalty. You should attach ,my docurnents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please he 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,GS,, § 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 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 additionall pages as needed).
(a) one or more of the civil were
-wronafullv avolied to the, detriment of the petitioner (the assessment, factors are listed
in the civil penal , assessment documeno,
(b) the violator prEqMpDjtbK,Aabnagted abated environmental damagc sujti�ngfrom�the
violation (i.e,, explain. the steps that you took to eorreel the- violation andprevent
.future occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could notprevent or prcparejbr),
(d) the violator had not been assessed civil penalties for any previous violations;
(e) asment of the civil penalty will revent ayment for the remaining recess medial
actions (i. e., t7plain how payment of the civil; enaalty will prevent youftom pelfiorming
the activities necessary to achieve compliance),
EXPLANATION: (use additional pages as resew art)

N08nj CARMINA kWMN QF AATER,M
ASSESSMLNT EACIORS
Violator: KBI, LLC
Facility: SilyeLMaples Cornet its, WJP
County: Cabarrus
Case Number: LV-2015-0161
Permit Number: NCO 047091
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;
2) The duration and gravity of the violation;
The three BOD daily maximum effluent limit violation exceeded the permit limit by 105. 1%. The two
fecal coliform daily maximum effluent limit violations exceeded the permit limit by 104e5%, 2718%
The BOD monthly average pennit limit was exceeded by 59.6% during the month of June 2014,,
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. BOD is an oxygen -consuming waste and therefore,
increased concentrations could reduce the amount of oxygen available to aquatic organisms. Fecal
coliform is an indicator species for possible pathogens and increased levels can signal human health
hazards.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully 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 19 previous CPAs for the Silver Maples WWTP with 5 prior CPAs being issued in
the last 12 months. 'The last CPA was issued on September 2, 2015 for fecal colifonn, TSS, and BOD
violations that occurred in flay .2014,

The cost to the State of the enforcement procedures.
The cast to the Division of Water Resources is $146.9T
a Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR