NC0047091_Enforcement_20150921

NC Dept of Environmental Quality
Raleigh Regional 0 ice
Mr. Logan A Boggs
11_ LC Kurlander Boggs Investments LL
Lk Ave Ste 719
Pasadena, CA 91101
May 1 ,201
Subject: Payment ent ckno led e ent
Silver Maples Community
Permit NCO047091
Case No. L ® 1-I12I12'
County Cabarrus
Dear Mr. Boggs'.
This later is to acluiowledge, receipt of payment in the amount of $596,97 received from you on
/12/2017. ''I`his payment satisfies in fall the above civil assessinent s levied against the subject facility,
d this case his been closed. Payment of this penalty in no war 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 919-807-639T
Sincerely,
ym Lklk-)�
Wren T e ford
e: Ceti rid Files
NPDL
Mooresville Regional Office
State srl'North Cambria I ta`nviresnnirntal Quality I Water Resources
610 Lam Center Avenue, Smite 301, Mooresville, NC 28115
704-663-16919

Retain this statement for your re-oords
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This Folder v I :Ej Address Seek L"j OfitlOns Log Off Silver Maples NCO047091 settlement...
Basinger, Corey [corey.basMger@ncdenr,gov]
YOU replied on 511/2017 9:54 AM,
Deleted items "1511)
J'f Drr431 Sent* Tuesday, April 25, 2017 9:58 AM
afts
Inbox 15) To. DeLbie McKmney
3 Uok E-mail 121 CC; Srlleiler, Roberto (iabartmsch6e@)rcdePr gov]; I trier, Andrew (e,,�idre�,piLierCcpncdend,giLivj; Dendfc, Derek
[derek,der)ard(c:,,)ncdenFr.qoV]; RiSgaard, )On OOnxfS9a6rd@ncrJenr,govj, Hennessy, John Oohn.hennessy'@ncdenr,gov1
Sent Items
Debbie;
Deleted items (1154�!)' Pursuant to our phone conversation on Monday, April 201, 1 am sending you this email to provide the details of
our proposed settierient of outstandpng civil penalties assessed against the Silver Maple s facility, (NCO 047091),
Manage ralcers-, =j The details of the Outstanding penaitfes are as follows:
"TABLE I
es -Te�zilty'— . .....
Case No: DMR month Assessed date amount Enforcement Total Assessed
Costs esalty
LV:2015- /29/2015 $ 437.50 146,97 584,47
0199
T 0/8/20is 562SO --�146-97 709,47
20
15
—CV 2015- ele 2;�15
0202
LV-2015M N�arch GI10/8/20 $ —,�146,97 $ 709.4-7
0206
1V-2015- July 2014 9/25 2 5 125,00 $143,95 $1,268.85
0165
one 2014 $ 687,50 $14637 $ 834,47
0161 0/"/' O'S 62,SO _50
S 2 0 $ 5 62
10/' _5 L
79/25/10 5 12 10
9
015 $ 6 7 '50
-FV-2-015- —May-2014 9/16/201S $1,375.067 6,,97
$1,521,97
0153
April 2014 9/9/2015 $1,600,00 $143,85 1,743.85
—Ti5TA11 6,3 $1,022-55 —
-5-0-1�-( 50,00 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 penMthes,
TABLE 2
0. DMR Assessed' 2M,47'al Finlorcement Total Assessed
month date ", in
Penalty Reduction in costs penalty
arnount original
__ penalty
IN-2015- 015 $ 437.50 $350,00 $14697 $ 496.97
0199
LV-2015- Feb 2015 10/8/2015 $ 562.50 $45OX0 $146.97 $ 596.97
i,V-2015- March 10/8/2015 -- 596,9
0206 , 2015 $ 561SO �4- —S000 $146,97
July 2014 9/25/2015 $1,125,00 $900,00 $14185 $1,043,85
L�-2015- T—Ine
687:iO q50-00
V 0161 2014, $146.s7 $ 696.97
00 0 0
1,100-00 1 1 6.9 $1,24697
i/16/2615 7-5 �0-
-TV-2015- y 2614 -1
0153
T --- — -i 9� �Zls $2,600,00 $143,85
V- iO 1 -5 - A�r i q/ c $ i, �-423. �j-
0137 2014 -F
TGTA,350.00$5,0Adi.00 $1,022-55
$6,102.55
https.rqrww.tovvermgmt,coplc wa/?ae-Itp,"I&t--IPNI,Note&id�-RgAAAAAr,tiL:scho0,nSbFK%2brULMOv',--,BwBi�/�`2htjKyR7oiRK-t7pA

CEH
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
September 21, 2015
CERTIFIED MAtL 7015 0640 0002 9299 3540
RETURN RECEIPT RE_Q �EST�ED
Mr. Logan Boggs
KBI, LLB
80 South Lake Avenue, Suite 719
Pasadena, California 91101
SUBJECT: Notice of Violation and Assessment of Civil
pen alty,for Violations of N.C. General Statute
143 -215. 1 (a)(6) and NPDES Pertirit No. NCO047091
Silver Maples Community WWTP
Cabarrus County
Case No. LV-2015-0202
Dear Jr. Boggs:
This letter transmits a Notice of Violation and assessment, of civil penalty in the amount of
$709-47 ($562,50 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 February 2015. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NCO047091 The violations are
sum mari7ed in Attachment A, to this letter.
Based upon the above facts, I conclude as a matter of law that KBI, LLB' violated the terms.
conditions, or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute
(G.S.) t43-215.1(a)(6) in the manner and extent shourn 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 lave, 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 folloNving civil penalty, assessment against KBI, LLC:
Igooresville Regional Office
Locatiow 6 10 East Center Ave., Suite 301 Mooresville, NG 28115
Phone: [phone] \ Fax: [phone]',' Customer Service: 1, 87 7 -6,23-6748
Intemet: http.itporLil,nckient,.Og"webivq
An, Equa', Opp; tjni), s Afflanx6vp kkis, Encoqe, - 301%, N-yded/I (Im Post C,onSwrA-r papw

250.00
For — 2 of the two (21) 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.
312.50 For I of the one (1) violation of G,S. 143-215.1(a)(6) and
N P&KSP—ennit No. NCO04709 1, by discharging waste into the
waters of the State in violation of the pennit monthly average
effluent limit for BOD.
$— 56150
$— 146.97
709,47
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-21 5.6A(c), in determining the aniount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G. S. 143 B-282.1 (b), which are:
(1) The degree and extent of hann 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:
Pa-
yment 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 farther
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 requestlor 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 violutionts) 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)
(2)
t3)
(4)
(5)
whether one or more of the civil penalty assessment factors in G.S. 14313-282. 1 (b) were
wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage resulting from
the violation;
whether the violation was inadvertent or a result of Ml accident-.
whether the violator had been assessed civil penalties for any previous violations; or
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
into 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, 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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
Ifvou 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 Of 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 by facsimile (fax) or electronic mail by an
attached file (with restrictions) - providedthe signed original, one (1) copy and a filing fee (if a filing
fee is required by NCGS § 15013-23.2) 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 an internal date/time received stamp (not a postmark), wi I I result in this matter being
referred to the A-ttorney 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]w
(Date) v.Michael L. Parker, I egiona.. Supervisor
Water Quality, Regional Operations Section
Division of Water Resources, NCI ENR
ATTACHMENTS
cc: Mooresville Regional, Office. Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
CASE NO. LV-2015-0202
Outfall Date Parameter Reported Value Permit Limit
001 2/10/2015 BOD 3 2 mg,/I * 19.5 mg/1 (Daily maximum)
001 2/24/2015 BOD 25 mg/I* 19.5 mg/l (Daily maximum)
001 2/28/2-015 BOD 21.75 mg/l* 13 mg/l (Monthly average)
Denotes civil penalty assessment
KBI, LLC did not provide a response to'NOV-2015-LV-041,6, Comments written in the
February 2015 DMR received on April 9, 2015 were reviewed by DWR staff. Mitigating
factors were not found to result in a reduced civil penalty am ount.

From:
Basinger, Corey
Sent:
Tuesday, April 25, 2017 12-159 PM
To:
'Debbie McKinney'
Cc:
Schaller, Roberto; Pitner, Andrew-, Denard,
Derek; Risgaard, Jon, Hennessy, John
Subject.
Silver Maples NCO047091 settlement...
Tracking
eci i nti
livery
'Debbie McKinney
Scheller, Roberto
Defivered: 4125/2017 12:59 PM
Pitner, Andrew
Delivered. 4/2512017 12:59 PM
Denard, Derek
Delivered, 4/25/2017 12:59 PM
Rs Gard, Jon
Delivered-, 4/25s"2017 12:59 PM
Hennessy, Jahn
delivered. 412512017 12:59 PM
Debbie,
Pursuant to our phone conversation on Monday, April 24r', 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:
TABLE 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:
TARI PI
_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
$14&97
$ 496.97
0199
LV-2015-
Feb 2015
10/8/2015
$ 562.50 -1
$450.00
$146. 97
$ 59697
0202
LV-2015-
March
10/8/2015
$ 562,50
$450.00
$14&97
59 6 .97
0206
2015
LV-2015-
July 2014
9/25/2015
$1,125.00
$900m
$143.85
--- ---- -------
$1,043.85
0165
LV-2015-
June 2014
9/16/2015
687.50
$550.00
$146.97
696.97
0161

LV-2015- May 2014 9/16/2015 $1,375.00 $1,100.00 $146.97 $1,246-97
0153
LV-201S- April 2014 9/9/2015 $1,600,00 $1,280.00 $14185 $1,42-4.85
0137 1
TO!!tj $6,350.1 11W 56,10L.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 $5,080.00) plus the investigative enforcement costs ($1,022.55).
This Settlement Offer is valid from vqurr�ei tof this email until close of business on May 23.2017.
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 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, NG 28115
"NothingCompares
Email correspondence to and from this address is subject to the
Nodh Carolina Public Records Law and may be disclosed to tMrd parties:
2

STATE OF NORTH CAROLfNA DEPARTMENT OF ENVIRONMENT
AND NATURALRESOURCES
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF FIGHT TO Al
F CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
KBI, LLC STIPULATION OF FACT
PERMIT NUMBER NCO047091
FILE NO, LV-2015-0202
Having been: assessed civil penalties totaling $709.47 for vir l tion(s) as set forth in the
assessment document of the Division ision f WaterResources dated .dune 30, 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 farther understands that 611 evidence Presented in support of remission of
this civil penalty must be submitted to the Director of the Division of eater Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request Zvi ll be
allowed after 30 days from the receipt of the notice of assessment,
This the .—..-._ day of 01
BY
ADDRESS
TELEPHONE E

JUSTIFICATION FOR REMISSION REQLIEST
DWR Case Number: LV-2015-0202
Assessed Party- KBI, LLC
County: Cab us
Permit Number: 1` CO047091
Amount Assessed: $709.47
Please use this form when requesting remission of this civil penalty. You must also complete the
"Reouest For Remission, Waiver of Rizht to an Administrative Hearing, and Stivulation_QL Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check, each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wronafullv aDt)lied to the detriment of LhepetiCioner (the assessaient factors are listed
in the civil penaln, assessment document);
(b) the violator -promptly abated continuing environmental damage resultm&ftm the
violation (i.e., explain the steps teat you took to correct the violation andprevent
fititure occurrences)"-
(c) the violation was inadvertent or as result of an accident (i.e., explain ivky the violation
was unavoidable or somethingyou could rant prevent or prepare jbr) -
(d) the violator had not been assessed civilTenalties for any previous violations;
(e) a n eat of this civil malt mill reveaat a ^ ent fear the remaining necessary remedial
actions (i.e., explain howpayment qf the civil pen all y skill prevent youftom performing
the activities necessary, to achieve compliance).
EXPLANATION : (use additional pages as necessai�v)

ASSESSMENT FACTORS
Violator: KBI, LLC
Facility: Silver Maples CommunitvWWTP
County: Cabarrus
Case Number: LV-2015-0202
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 environmental harm has been documented.
2) The duration and gravity of the violation; The BOD daily maximum effluent limit violations
exceeded the perrnit limit by 64. 1%, and 28.2%. The BOD monthly average pennit limit was exceeded
by 673% during the month of February 2015.
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 arnount of oxygen available to aquatic organisms.
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 twenty two previous CPAs for the Silver Maples WWTP with five prior CPAs being
issued within the past twelve (12) DMR months. The last CPA was issued on September 15, 2015 for
BOD violations that occurred in January 2014.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146,97.
Date Michael L. Parker, Re for I Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR