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Home My WebLink AboutNC0047091_Enforcement_20150908 1. . •os a ervice CERTIFIED MAIL° RECEIPT n Domestic Mail Only I For delivery information.visit our websito nt wiviv.usps.com . OFFICIAL LJ. E — Certified Mall Fee ( `7 + i 1 U $ Extra Services&Fees(check bor.add lee as appropriate) ❑Return Receipt(hardcopy) $ V rip j ] ❑ReturnReceipt(electronic) $ gO8tla9rfx j ❑Certified Mail Restricted Delivery $ (1 Here • ] ❑Adult Signature Required ❑Adult Signature Restricted Delivery$ ] Postage ✓ $ KBI, LLC ° Total ] 80 SOUTH LAKE AVENUE $ n Sent SUITE 719 ] Sire. PASADENA CA 91101 ATTN:MR LOGAN BOGGS City dwr/wb 9/8/15 ,CIuncu mau Act VI.40 JIUVIUca LII IVIIVWIII9. YCIICIIL . A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail A unique identifier for your mailpiece. associate for assistance.To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service" -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. 'portant Reminders: -Adult signature service,which requires the You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority Mail'service. -Adult signature restricted delivery service,which Certified Mail service is not available for requires the signee to be at least 21 years of agi international mail. and provides delivery to the addressee specified Insurance coverage is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark.If you would like a postmark on For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office—for the following services: postmarking.If you don't need a postmark on this •Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt fnr your records. c r,....,9Aflfl Anal iaa„a.eal PQM'cgnm-rmone7 •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X ❑ Agent so that we can return the card to you. ❑ Addresse • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. IV 1 1 ye,s 1. Article Addressed to: D. Is delivery address different from item 1? �sl KBI, LLC If YES,enter delivery address below: ❑ No 80 SOUTH LAKE AVENUE EC:LBERTO RAYMUNDO SUITE 719 PASADENA CA 91101 ATTN: MR LOGAN BOGGS dwr/wb 9/8/15 3. Service Type ❑Priority Mail Express® I II I I III 1111111 IIIIII III II III I III I I _Adult Signature 0 Registered Mai L. Adult Signature Restricted Delivery 0 Registered Maili Restric� I Certified Mail® Delivery 9590 9401 0026 5168 3269 07 Certified Mail Restricted Delivery eturn Receipt for Collect on Delivery chandise 2. Artirle Ni imhar fTreecfor from oor..ir n i.,ti,.n cnlieet nn Delivery Restricted Delivery ❑Signature Confirmation 7015 0640 0002 9295 6323 I ❑Restricted Deliveryture Confirmation �re�I Restricted Delivery I (over-.b..v.i, De r.,r.., rlfli 1 A,,ril'Dili c ocro 7wIn-no-nnn-on5r r)nmastir Return Rerpin UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 0 0 m 70 • Sender: Please print your name, address, and ZIP 4® in this bo91• C cn G DENR/WQROS F rn w 610 EAST CENTER AVE 71 p t* n SUITE301 oo , z MOORESVILLE NC 28115 z c r 0 70 q USPS TRACKING# �9 ! i,' 1` '!tI; •I1 I1'ili}IllsliII,lir i'iii lj11•il `4'}.i}il 9590 9401 0026 116 3 6 b ii NC ept Of Environinenfal Qtialfty IY COOPER �m; �r l .REGAN kcmdry Waterikesources S. JAY ZIMMERMAN VNVIROMMENTAL QUALITY l l igh Ike gioual Ice.. May 18,2017 r. l,ogan A Boggs 1 LLC l .urlartd r Boggs Investments LF Lk Ave Ste 71 Pasadena, 11Ill Subject: Payment Acknowledgement Silver Maples Community Permit NCO047091 Case No. LV-2015-0165 County abarr Dear Mr.Boggs: This letter is to acknowledge receipt of payment in the amount of $1,043,85 received from You on 05/12/2017. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment ofthi 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, 'V, ? 64 1 Wren Thedford e: Central piles NPDES Mooresville Regional Office State of North Carolina y Environmental Quality 9 Water Resuuree 10 Cast Center avenue, suite 301 b lvlswesville, NC 28115 7®3-t { 1 ? �i4 sz a F'4iiM1: FJia, NSaL :,. r.:.,... �k < e 059 SILVER MAPLES M 4420-000 0828155 8 8/2015 P �+,LT JLV-2015- 1 1,421 die 1,423,8 059 SILVER MAPLES M ' € 0-000 090 15 5i d �s15 ENA LVf 20 5-015 1,246.97 0t 0 11 503 05 SILVER MAPLES M ' 4420-000 0904155 914/201 P NALTY:L�-2015-0161 696.97 0.00 696.97 059 SILVER MAPLES M 44 0-000 090 15S 91 12015 PENAL• :LV-2015-0165 19043.6�i OxO 1,ti4'�,6 059 SILVER MAPLES M 442 00 091515SM 9115120.15. PENALTY:LV-2015-0199 496W 0.00 AM97 059 SILVER MAPLES M 4420-000 092115SIV, 912112016 PE LTY-ILi1- 01 -0202 596.97 0.00 596.97 059 SILVER MAPLES M 4420-000 092115SM2 912112015 PENAL .LV-2015-0206 596.97 0,00 596,97 Payorw 51, LLC date Check No. I e A rat Pa 1W GISNP M i � ".1 A EP ES�JL1f ES 51412017 003647 6,102.56 Retain this statement for your records ,4 Silver Maples NCOW7091 sedernent... - Outlook Web Access Ught ,.: ffs2e do bv u G. Type here to saarciz This Haider _ Address 8rrk , ptiOns f Log tiff ul 7 r Sifter Maples NCO 4 091 settlement.. Basinger, Corey [Corey. basingrd, ncde ir.go ] You replied an 5/1[.1111 1 r, 1 1 .., t Deleted items 1115 ) Drafts "4.3i Sent. Tuesday„ And =- To. Debbie Mcr or ,. , Ini�nx' t"1�7 Y � � Junk mail i32i Srhdler. Robe � cv , dr rr t.r C,2ne�e9i�,2uvai OenarS, Derek �dtrt'ak.�rs�t'�' v r "� _ Sera Items ienr.cscvf, Hennessy, John 'lohn fennessy Srcrdenr.gov) Debbie, Deleted _Yt.a_ Pursuant to our rd t i am sending you this email to provide the detaits of our proposed sett ��^� "�� 1 O sensed against the SUver Maples facility (i50004709'l)- ,., ,�, � The details of the E ;�t#�;yc Fcai�e�s.. TABLE _.e , Assessed date Penalty amount' Enforcement Total Assessed costs ..pe y Case #�o. LiR rs-arar�th ,Asses. _ spelt LV-2015_ Jan 2015 9 2015 _ ^ i 437,50 14E: 7 5t34.47 0199 V2015 Feb 2015 Q i3/2015 _ l62.d 146.9r 709.I7 0202 L!r° Ct15rircCC1 1a2ti; _ 55.5i $146,97 70.d 0206 LV-2015 iuly 2014 2/25/201-5 125,00 016 1.43.f15 1,268, 85' WiEl15- urie 2fiJ14 ,9/16/201 _ . 687.50 146,9`7 834,47 0161 a,375.00 697 $1,521.97 0153 L:V-2015 tali 2014 9/ 2015 i1,600.01 $145 $ ,743,85 TOTAL $ x� As Per our conversation, and pursuant to my delegated authority to settle outstanding civU penalties of than nature, the Division of Water Resources offers the following Settlement for aH the outstanding kenalnes TABLE 2 o_ t twdl? Assessed L rgirral 29% Enforcea ent Total Assessed month date Penalty Reduction in costs penalty arrsOUnt originaP _., Fenalty V-20�5 ian 2i 1S 9J29/2n15 5437.50 $38td. Li 0199 146,97 496.97 W2015 fefa 2015 10/8/2015 562.50 450X0 $1 ,9 596,9 aLi2 1 T LV-2015- March 10/ /2015 562. 0 450,00 ��6.97 _ 6.9 F026201.5 __ July 2014 925/0151 121,.t70 5900.I10 1 i7A3.... 13�5 5 lur,� �,��,}z��is ��.6g7. n �atin ,g E96} 9120 48t9ay 2;114 9f1b/2015 g1.,375.00 1t1tOCl 5�i6.37 "1,246.9rA itl 92t?15 / 1,6i30,001,260_i3tl 13.201 hktns:f9rvv.toe��nihaltnt.cucr�l€a�7ao=6te�raC-1PNI1Vota"r�i=�� .ut.scFra�"jwLiFi�'y�2br+�,L�1�v59v�t�i"'��2t�iRxR�ra�sAi;��t��,�h�a�-�ra�,rz„„s„��,��,L ��.. :�.„ I jFj FILE NC N North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary September 8. 2015 CERTIFLE,D -M�ML 7015 0640 0002 9295 6323 RETURN RECEIPT REQUESTED Mr. Logan Boggs KBI, LLC 80 South Labe 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 NPDES Permit No. NCO047091 Silver Maples Communit-y WWTP Cabarrus County Case No. LV-2015-0165 Dear Mr. Boggs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1268.85 ($1125 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 July 2014. This review has shown the suiect facility to be in violation of the discharge firnitations found in PDES Permit No. NCO04709 1. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that KTIT, LIXviolated the, terms, conditions, or requirements of NPDES Permit No. NCO 047091 and North Carolina General Statute (&S) 143-215. l(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maxiniums established by G.S. 143-215,6A(a)(2), Based upon the above findings of fact and conclusions of la,.v,, 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. Parker, Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against KBI, LLC.- McomsOHeRegbnaOffice Locatow 610 East Center Ave., Suite 301 Mooresv&, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-604V customer seryice. 1-877-623-6748 intemet, hutp-opoiat ncdenr,orgJweb&,vq A-1 Equai Oppodwity'k Affiralative ,fir: or Ernpbrm, - 30% Recycla(VI OIX6, Posi (',Onsurrer paper $_ 125,00 For 1 of the tivo (2) violations of G. 143 -21 5 . I (a)(6) and NP&_SPermit No. NCO047091, by discharging waste into the waters of the State in violation of the- permit daily maximum effluent limit for BOD, S375.00 For 3 of the three (3) violations of G.S. 143-215.1(a)(6) and NPDE S Permit No. NCO04709 1, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. 31150 For I of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. IO047091, by discharging waste into the waters of the State in, violation of the permit monthly average effluent limit for BOD. 312.50 For I of the one (1) violation of G.& 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 littrit for fecal coliform, $_ 1125,00 $_ 14195 1268.85 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-282. I (b), which are: H 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-, The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violations were committed willfully or intentionally; 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 cost to the State of the enforcement, procedures. Within thirtl dLys of receigt of this notice. Von must do one of the frillowing: 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 waiverf6rtu). '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 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 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 GS, 143B-282. 1(b) were NNTongfially 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 inforroation presented in support of your request for remission must be submitted in writing. The Director of the Division of WaterResourees will review your evidence and infonn 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 Environniental.Management Commission's Coninuttee 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 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 an, d submit the enclosed "Justification for Remission Request," Both formis should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M3 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 He `rigs within thirty l30) days of receipt of this notice. A petition is considered filedw-hen 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 by facsimile (fax) or electronic mail by an attached file (yith restrictions) - provided the signed original, one (I) copy and a filing fee if a filing fee is required by NCGS § 1 50B-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 an&or the details of the filing process. The nailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Adirunistrative Hearings 6714 Mail Service Center Raleigh,'N,C 27699-6714 Tel: (919) 431-3000 Fax- (919) 431-3100 One (1) cop), of the petition must also be served on DEN R as follows: Mr. Sam M. Haves, General Counsel DENR 1601 Mail Ser-v,,ice 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)clays 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 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 stalf in the Mooresville Regional Office at (704) 663-1699. iZ2-�7/j e Michael L Parker, R. +anal Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR ATTACHMENTS CC' Mooresville Regional Office, Compliance File / attachments Raleigh Compliance/Enforcement File N f attaclunent Central Files / attachments ATTACHMENT A CASE NO.LV-2015-0165 Outfall Date Parameter Reported Value Permit Limit 001 7/1 /14 BOO 22 .,/L 19. /L (Daily maximum) 001; 7/22/14 BOD 32 * 19. mg/L (Dailymaximum) 001 7/1 /14 Fecal Coliforn 4600 FU/1OO l.* 400 CFCs/100 rnl.(Dailmaximum) 001 7/22/14 Fecal Coliform 4500 FUI1OO ml. 400 'FU,/1 0 l.(Daily maximum) 001. 7/29/14 Fecal Coliform 2000 FLi11O0 I,* 400 Fly/100 mL(Daily maximum) 001 7/31/14 BOD 15.78 mg,/L 13 mg/L (Monthly average) 001 7/31/14 Fecal Coliform 371.1 CFU/1OO l.* 200 CRY1 OO ml. (Monthly Average) Denotes civil penalty assessment I, LLC did not provide a response to NON-2015-1, -01 dated March 19,2015. Mitigating factors were not found on the ,Idly 2014 DMR comments section to result in a reduced civil penalty amount. Basinge,r, C0=-,...— From: Basinger, QIorey Sent: Tuesday, April 25, 2017 12:59 PM To: 'Debbie McKinney' Cc: Scheller, Roberto; Pitner, Andrew'; Renard, Derek; Risgaard, Jon; Hennessy, John Subject: Silver Maples NCO047091 settlement — Tracking, Recipient Delivery 'Debbie McKinney, Scheller, Roberto Deiivere& 4125/2017 12:59 PM Pitner, Andrew Delivered: 412512017 12:59 PM Denard, Derek DeOvered: 4125/2017 12:59 PM Risgaard, Joni Delivered: 4/25/2017 12:59 PM Hennessy, John Delivered; 41M2017 1Z59 PM Debbie, Pursuant to our phone conversation on Monday, April 20, 1 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: TARI C I 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 I Case No. DM R Assessed Original 20% Reduction Enforcement Total Assessed month date Penalty in original costs penalty amount penalty LV-20IS- Jan 2015 I 9/29/2015 $ 437,50 $350-00 $146.97 496.97 $ 0199 LV-2015- Feb 2015 1: 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 $1,125.00 $900m $143.85 $1,� �3.85 0165 LV-2015- June 2014 9/16/2015 $ 687.50 $550.00 $146.97 $ 696.97 0161 4 1 LV-2015- May 2014 9/16/2015 $1,375.00 $1,100.00 $146.97 $1,246.97 0153 LV-2015- April 2014 9/9/2015 $1,600.00 $1,280.00 $143.85 $1,423.85 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 ($1,02255)- This Settlement Offer is valid from Your recei]lq�tq this email until close of business on Mov23, 2017. You may submit one remittance (paid to the order of NC 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 corey.basinner @ncdenr,gov Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville,, NC 28115 —'�Nothing Compares Email oorrespOndence to and from thisaddress is subject to the North Carolina Public Records Law and may be disc used to third parties 2 STATE OF NORTH CAROLI A 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 FACT PERMITNUMBER NCO047091 FIDE NO. LV-2015-0165' Having been assessed civil penalties totaling $1268.85 for violation(s) as set forth in the assessment document ofthe Division of Water Resources dated are 1 , 01 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the alcove -stated matter and cues 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 clays of receipt of the notice of assessment. No new evidence in support of a remission request will b allowed after 30 clays from the receipt of the notice of assessment. This the _ day of @.p 1 BY ADDRESS DWR Case Number: LV-2015-0165 Assessed Party: KBI, LLB County: Cabarrus Permit Number: NCO047091 Amount assessed® $1268.85 Please use this form when requesting rernission of this civil penalty. You must also complete the "Reauest For Remission Waiver of R' tin A�dministrative tghtgtjtp� _ffearin andstlimlatimi. o 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 cased 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. 14313-282. 1 (b) were wTorufull y applied to the detriment pf the petitioner (the ass essmentfactor s are listed in the civil penahty assessment document); 'b) the violator rarorntatl abated contnuang ezviro ental danaa e resulting from the violation (i.e., explain the steps that you took to correct the violation andprev ent future occurrences); �e) the violation was inadvertent or a result of an accident (i.e., explain wkv the violation was unavoidable or something you could not prevent or prepare for),- (d) the violator had not been assessed civL1_penalties for any2revious violations; (e) payment of the civil penalty will revent navinent for the remaining necessary remedial actions (i, e., explain howpayment of the civil penalty will prevent you firoin perform ing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Violator: Facility: County: Case Number: Permit Number: Cab LV-2015-0165 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 environmental harm has been documented. 2) The duration and gravity of the violation; The two BOD daily maximum effluent limit violations exceeded the permit limit by 12.8% and 64.1%. The three fecal coliforin daily maximum effluent limit violations exceeded the permit limit by 1050%,1025%, and 400%. The BOTH monthly average permit limit was exceeded by 21.4% and the monthly average fecal coliforni permit limit was exceeded by 85.5% during the month of July 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 wiMlly or intentionally; The Division of Water Resources has no evidence, that the violations weit 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 twenty (20) previous CPAs for the, Silver Maples WWTP with five (5) prior CPAs being issued within the past twelve (12) DMR months, The last CPA was issued on September 3, 2015 for fecal coliform and BOD violations that occurred in July 2014. 8) The cost to the State of the enforcement procedures. The cost to the Division of Water Re7urces is $114431,181571. 57aic-7- Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDFtNR