NC0047091_Enforcement_20150921 (2)

NC Dept of Environmental Qualitv
ROY COOPER
GOV07W
MICHAEL 5, REGAN
Raleigh Regiomll Office kawfor
Mr, Logan A Boggs
K B I ILL C Kurlander Boggs Investments LLC
80 S LkAve Ste 719
Pasadena, CA 91101
Dear Mr. Boggs:
S. JAY ZIMMERMAN
Ar"for
May 18, 2017
Subject: Payment Acknowledgement
Silver Maples Community
Permit NC0047091,
Case No. LV-2015-0206
County Cali
This letter is to acknowledge receipt of payment in the amount of $596.97 received from you on
05/12/2017. This payment satisfies in full the above civil assessment (s) levied against the subject facility,
and 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 Thedford
cc: Central Files
NPDES
Mooresville Regional Office
State of North Carolina � 13nvironxnental Quality � Water Rmurms
610 Fast Center Avenue, Suite 301, Mottresvitle, No 28115
704-663-1699

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Basinger, Corey [corey.basinger@ncdenr,gov]
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Debbie,
. ._. � _-_ Pursuant to our phone conversation Monday, April 24r', l a sending you this small to provide the details of
Deleted Items "1584
our proposed settlement of outstanding civil penalties assessed against the Sprier Maples facility (NCtltl 7091):
Nt nags r rrs:.,, The details of the outstanding penalties are as follows:
TABLE I
_
�. Case No. DMR month Assessed date Penalty amount P Enforcement Total Asses ed
penalty
0199115- Jan 2015 9/29/2915 437,50 $146.97 � 584,47
�1
LV-2015- Feb 2015
0/8/20
15 562s50 14 .97 709,47
LV 2LJ15 L.larch 2i11S Lt/$/2t11.
$ 562 $14t.97 709.47
02s06
LV-2015- Duly 2014 9/2 /2015
L-2oi5 „"
,,.•. 12500 $143 fy $1_,_268.85
0165 .
Jn2i $68�� 9/1 /2015 7.50
$14 5.97 $ 834,47
0161,
_ _
W-2015- MU y�Q14 9/`1 a2CIt5 $1,375,00 6.97 $1,521,97
G13
LV 2t915- r.. April 201�1 979/2011 1,600. � $143.85 1,743. .5 0137 y .
7 TAL $6.,350= $1,022,55 -55
As per our conversation, and pursuant to my, delegated authority to settle outstanding civil penalties of this
nature, the Ofsls�on of Water Resources offers the following Setklernent for all the outstanding p ralties
TABLE 2
=a o OPutR ,Assessed Original Enforcement 3ctal4ssess,
month date penalty Reduction In cost penalty
amount original
frer�alty
LV-2015- Nan 2015 9/29/2015
� 437,50 $350.00 $146.97496-97
0199
LV-20 Fete 2015 10/ /2 57I
N 02,02
L'W2rd15- f�tarcn 1r1/ /2t11 f2,5tJ
$450. ti 14t�a97 596.9
0206 201-9
i LV-2015- JOy 2014 9/25/2015' $1;12,5.t1t� $980.09 $1 3,85 $1,043,85
0165
Lv-2Q1 s- aun 9 1/ ___...
ta87.SC1 $s5a1.310 $1469 97 696.97.
fN1 3 2014
l_ -2u1 - play 20` 9/1 /2015
0153 $1.,375. 0 x, : a.00 $146,97 1. 4 m97
CV-2015- April� /2�15 Es9"9 ` �1,N7t'00 $1,28t1.t3[ 14 ,8 ri
137 2014
TOTAL 56,350,00 $5,G6a�.atl $it122.55 'In1 Cc
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Pat r
I a..-.cvrory
Governor
ALIPWAAA
F�LE
VC[DEEN""AR
North Carolina Department of Environment and Natural Resources
Donald van der Vaart
Secretary
September 21, 2015
CERTIFIED MkIL 7015 0640 0002 9299 3540
RETURN RECEIPTMQUESTED
Mr, Logan Boggs
KBI, LLC
80 South Lake Avenue, Suite 719
Pasadena, Calilbrma 91101
SUBJECT:
Notice of Violation and Assessment of Civil
Penalty for Violations of N.C, General Statute
143-215. I(a)(6) and NPDES Pennit, No. NCO047091
Silver Maples Community WWTP
Cabarrus County
Case No. LV-2015-0206
Dear Mr., 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 folio yin facts: A review has been conducted of the self
-
monitoring data reported for March 2015. This review has shop 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 KBI, EEC violated the terms,
conditions, or requirements oft Pl E Permit No. NCO,047091 and North Carolina General Statute
(G.S.) 143-215.1(a)(6) in the manner and extent shoNNm in Attachment A. A civil penalty may be
assessed in accordance with the maximums established by fix. S, 143-215,6A(a)(2),
Nlaoresv4ie Regbnal Office
Lmtbn:610 East Center Ave,, Suite 301 Mooresylk NC 28115
Phone: (704�563-1699 \Fax: [phone]'k Customer SeMx 1-877-t323-6748
Internet: http,,,�lporlal,rcdenrorglwebiwq

250.00
000
$ 562.50
1467
709,47
For 2 of the two (2) violations of G.S . 143-21 -5. 1 (a)(6) and
NPDES Permit No - NCO04709 1, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for BOD,
For I of the one (1) violation of G. S. 143 -215 . I (a (fa and
NPIF—,SPerrnit No. NCO04709 1, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for T.
For I of the one (1) violation of G.S. 143-215,1(a)(6) and
NPDES Pe pit No. N'CO047091, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for 1301)
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G. S. 143 -2 1 5.6A(c), in determ ini ng 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. 1, 4313-2811 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) '`he 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:
I. Sun it payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural,
Resources (do not include waiverforM), Payrnent of the penalty Agill 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 justifteation 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 beemitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-281 I (b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all information presented in support of your request for remission must be
submitted in writing. The Director of the Division of Water Resources will review your evidence and
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 appealof 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
M
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
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 (fa)) 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 § 15tit -23.2) is received in the Office of Administrative Hearings within
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 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 DENS as follows:
f&. Sam M. I tayes, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1,601
Please indicate the case number (as found on page one of this letter) on the. petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this,matter being
referred to the Attorney General's Office 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].
V5-
(Date)
ATTACHMENTS
-4-1
ft� t" Michael L. Parker, Regional Super risor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
CASE NO. LV-2015-0206
Outall Date Parameter Reported Value Permit Limit
001 3/3/22015 BOD 224 mg/l* 19.5 nig/l (Daily maximum)
001 3/17,120 15 BCC D 35 mg/l* 19.5 mg/l (Daily maximum)
001 3/3/2015 TSS 53 mg/I 45 mg/l (Daily maximum)
001 3/31/201-5 BOD 67.75 mg/l* 13 mg/l (Monthly average)
Denotes civil penalty assessment
'KBI, LLC did not provide a response to'NOV-2015-LV-0468, Comments written in the
March 2015 DMR received on May 16, 201.5 were, reviewed by DWR staff'. Mitigating
factors were not, found to result in a reduced civil penalty amount.

PPPPPPP_
Sent:
TO:
Co.
suiwoot.
Tratking:
Basinger, Corey
Tuesday, April 25, 2017 12:59 PIVI
'Debbie McKinney'
Scheller, Roberto; Pitner, Andrew-, Denard,
Derek-, Risgaard, Jon; Hennessy, John
Silver Maples NCO047091 settlement.,.
Recipient
Delivery
'Debbie McKinney
Scheller, Roberto
Defivered: 4125/2017 12:59 PM
Pitner, Andrew
Detivered.- 4/25Q017 12:59 PM
Denard, Derek
Dee ered" 4125/2017 12:59 PM
Risgaard, Jon
Deiivere& 4/25)2017 12:59 PM
Hennessy. John
Delivere& 4/2512017 12:59 PM
Debbie,
Pursuant to our phone conversation on Monday, April 24Ih " I am sending you this email to provide the details of our
proposed settlement of outstanding civil penalties assessed against the Silver Maples facility (NCO047091).
The details of the outstanding penalties are as follows:
TABLE 1
=1162=1
TOTAL $6,350.00 $1,022.55 $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:
ITTIEW
Case No.
DIVIR
Assessed
Original
20% deductionTotal
Enforcement
Assessed'
month
date
Penalty
in o I
rigina
costs
penalty
amount
penalty
LV-2015-
Jan 2015
1 9/29/2015
$ 437.50
$350.00
$146.97
496.97
0199
LV-2015-
Feb 2015
10/8/2015
$ 562-50
$45M,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
$900,00
$14185
043
$1,.85
0165
LV-2015-
June 2014
9/16/2015
$ 687.50
$550x00
$146.97
$ 696.97
0161
0

LV-2015- May 2014 9/16/2015 $1,37500 $1joa,00 �146.97
015'� I I I I I
LV-2015- April 2014 9/9/2015 $1,600,00 $1,280�00 $143.85
0137
TOTALF $6,350.00 1 $5,08000 1 $1022.55
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 your reej:lq�to 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 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>
Manythanks!
Corey
Regional Supervisor
Division of Water Resources
Mooresville Regional Office
Department of Environmental Quality
Chairrnanrr
Water Pollution Control Systems Operator Certification Commission
704-235-2194 office
corey.basinger@ncdenr,gov
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville,, NO 28115
Not f iing C<)mpares
"ci, and frow� this addhess i subp--'�,ct to the
Nrj�'Ih Carofini�'�i Public Record's L atii ar,,d may be '-Jis("'(�")Seol to bl'w'd pallips,
2

STATE OF NORTH CAR LIINA DEPARTMENT F ENVIRONMENT
A NATURAL RESOURCES
CI�fi�T" ' CAA C
IN THE MATTER F ASSESSMENT WAIVER OF RIGHT TO AN
OF IL PENALTY AGAINST ADMINISTRATIVE HEARING AN
CBI, LLB" STIPULATION OF FACTS
PERMIT NUMBER E NCO047091,
FILE NO. -22015-0206
-
Having been assessed civil penalties totaling $709.47 for violation(s) as set forth in the
assessment document of the Division of Water Resources date July- 22. 2015, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -state natter and does stipulate that the facts are as alleged in the assessment
document., The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division ofWater Resources within 30 days„
of receipt of the notice of assessment. No new evidence in support of a remission request w rill be
allowed after 30 days from the receipt of the notice of assessment.
This the day of� 2015
BY
ADDRESS
TELEPHONE

I
JUSTIFICATION FOR REMISSION -REQUEST
DWR Case Number: LV-2015-0206
Assessed Party: KBI, I.
County: Cabarrus
Permit Number: NCO047091
Amount Assessed: $709.47
Please use this form when requesting remission of this civil penalty. You must also complete the
inistrative Hearine, and StipuLation a '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. § 1431 -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
wronufull v armlied to the detriment of the petitioner (flee assessmentfactor s are listed
in the civil penalty, assessment document);
(b) the violator promptly abated continum&2envircanxnerltaj damage resulting from the
violation (i.e., explain the steps thatyou took to correct the violation andprevent
,future occurrences);
(c) the violation was inadvertent or a result of an accident (i,e,, explain w1ky the violation
was unavoidable or somethingyou could notprevent car preparej6r);
(d) the violator had not been assessed civil nenalties for anv Previous violations;
(e a rxaerat of the civil Iaenalt ^ill Iarevent Iaayrnent for the remainjnrecess remedial
actions (i.e.., exlVain howpayment ofthe civil penalty willprevent youftom pe�forming
the activities necessar-
y to achieve compliance).
EXPLANATION: (use additionalpages as necessaiv)

Violator: KBI. LLC
Facility: `silver
County: Cabarrus
Case Number: LV-2015-0206
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 permit limit by 1,048.7%, and 79.5%. The BOD monthly average permit limit was
exceeded by 421.2% during the month of March 2015.
3) Thee ect on ground or surface water quantity or quality or on air quality; The effect on the
receiving strearn is unknown. BOD is an oxygen -consuming waste and therefore increased
concentrations could reduce the amount 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 violationswere 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 23 previous CPAs for the Silver Maples WWTP with six prior CPAs being issued
within the past twelve (12) DMR months. The last CPA was issued on September 21, 2015 for BOD
violations that occurred in February 2015.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146.97.
q (z"­
Date Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR

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PASADENA CA 91101
ATTN: MR LOGAN BOGGS
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