NC0047091_Enforcement_20160801

Water Resources
ENVOWN4ENTAL QUALM
Mar)jane furl der, Owner
I LLC Kurlander Boggs, Investments L.L.
P S Lk Aver Ste 719
Pasadena, CA 91101
COOPERPloy
Gftmw
MICHAEL:S. REGAN
turfs
S. JAB" ZIMMERMAN
raor
nuary 23, 2017
Vkh"',
o,.�o "svra 01..
Subject: Payinent Acknowledgement
Silver Maples Community
Permit NCO047091
Case No. LV-2016-01146
County Cab us
Lear Maryjane l .url and r, £ wrl :
This letter is to acknowledge receipt of a nt in the amount of $450.53 received from you on
1/: 7"2 l . This payment satisfies in gull the above civil assessments levied against the subjeet facility,
d this case has been closed. Payment of this Penalty in no ways precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
If you have any questions, pleasecontact Wren Thedford at 919µ -6 9'7.
Sincerely,,
Wren Thedford
Ventral Piles
NPDES
Mooresville sville Regional Office
State of North Carolina � Envit-onmental Quality I Water Resources
610 East Center Avenue, Suits 301, Moamvilte, NC 28115
7t -66 -1

ROY COOPER
Governor
& JAY ZIMMERMAN
Director
January 5, 2017
C.ERTIFIED MAIL �7009 2�25O 0�00O 80�87083�5
RETURN RECEIPT REQ11ESTED
Maryjane Kurlander, Owner
K B I LLC Kurlander Boggs Investments LLC
Cl S Lk Aver Ste 719
Paow4p,nct A 911 ol
Request to it Civil Penalties - Denied
Decision in Case Number: LV-2016-0146
Silver Maples Community
NTH Permit NCO047091
Cab County
Dear Ms. Krulander:
In accordance with North Carolina General Statute 143-215.6A(D, the North Carolina Division of Water
Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret
to inform you that the Director has denied your request.
Therefore, your outstanding balance ($450.53) is due and payable. Two options are available to you at
this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental
Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the
attention of:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, No Carolina 27699-1617
OR
EM
State of Nordi Carolina 8 Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, Norai Carolina 27699-1617
919-707-9000

2) You may,request the Environmental Management Commission's (EMC,$)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
from your receipt of this letter, your current request
for remission and this letter of denial will be delivered to the Committee on Civil Penalty Remissions lbr
final agency decision.
If you or your representative would like to speak before the (7ommittee, you must complete and return
the attach e4 Request for Oral Presentation Form within thirty (30) calendar days of receiving this loth
Send completed fonn(s) to:
Attn: Wren Thedford
NC DEQ Division of at Resources
WQ permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, the EMC Chairman will review the supporting docurnents and your request
for an oral presentation. If, in his/her judgment, the Chairman determines that there is compelling reason
to require a, presentation, you will be notified as to when and where you should appear, If your
presentation is not required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount, Therefore, the EMC may choose to uphold the
original penalty and offer no remission, they may agree, with the DWR Director"s remission
recommendation detailed above, or the penalty amount may be furtherrernitted.
If you have any questions about this matter, please contact me at, I9) 807-6307 or via e-mail at
d,erek.denard@,zcdenr.gov.
Sincerely,
Derek C. Denard, Environmental Specialist
Division of Water Resources, N'CDEQ
Attachments: Dirt vtor's Decision-, Request for Oral Presentation fomi
Permittee's Request for Remission
Waver (if Riglus to Administrative Hearing and Stipulation of Facts
Perinittee's Justification for Remission Request
cc: Dustin K. Metreyeon, 1000 WrWhurst Drive, Monow, NC 28110
01Wits
Enforcement File
Central Files

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number:
LV-2016-0146
_ Region: Mooresville
County:
Cabarrus
Assessed Entity:
Silver Mantes
Community WWTP
Permit No.:
NCO047091
Assessment Factors
(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
NOT ASSERTED,
ED (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
ED (d) Whether the violator had been amossed dAl penalties for any previmcs violations,
0 (e) Whether payinent of the cl*fl penalty Will prevoint payment for the remaining necessary remedial
actions-
te—nnitteeassertion: Review of facility log book and eDMR show historical rainfall events during and around the
time of violations. Such events allowed the Rocky River to flood its banks and flood the property contributing to
flow and treatment violations either by, direct inflow or subsequent low mixed liquor concentrations form 'wash-
out". The blowers were temporarily turned off to minimize washout. However, rains returned negating their
efforts. Although it was impossible to distinguish wastewater from flood waters, any remaining solids left on site
were removed manually using shovels, bags and buckets and disposed. They followed the 24-hr and 5-day
reporting protocol, promptly attempted to abate further environmental damages, the violation(s) were inadvertent
and out of their control. They were remitted of penalties for a similar occurrence in the past. They are pursuing a
connection with local municipality by the end of 2016;
L�WR Notes: The permittee asserts the reason for remission request is that plant washed out due to flooding and
penalties have been remitted in the past. No rain fall data or US flow data of the Rocky River was provided
with this remission request to deterniffie severity of flooding,
A review of the past 60 months' compliance history, from January 2011 to December 2015, the tie rmittee
reported 49 limit violations for BOD; 42 violations for Fecal Coliform; 6 violations for TSS,- and 9 violations for
Flow. Of the 29 violations issued, during the 60-month review period, 12 were issued as cases having penalties
assessed. Review of the past 60 months found violations in 29 of the 60 months or 48.33% of the review period
the subject facility was in violation of permit limits. After reviewing the DMR data it was noted that the subject
facility has a variable compliance record, No explanation was provided to the Division as to the reason for issues
with limits violations noted in the 1 'OV-N`01 issued on May 25, 2016 (NOV-2016-LV-0270).
— lWeIMON (Chca 060
"oest bod" 4
"ll Remission 0
Partial Remission 0
Retain Enforcement Cost? _Y-ks El No El

CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CABARRUS DX VR Case Number LV-2016-0146
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST: REQUEST FOR ORAL PRESENTATION
SILVER MAPLES COMMUNITY WWTP
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert, that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied,
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina,
0 iresentation will be limited to discussion of issues and info rmationsub mfitted i and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length,
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings j,5.lim tv�yrs who e active met
rs of the bar. Proceedings, before the Co ittee on
jed !q1a e_ mm
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or goverinnental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.rigbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before, the Committee,
then you do not need legal representation before the Committee, however,, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's it on the unauthorized practice of law.
If you are ght and are granted an opportunity to make an oral presentation before the
Committee, then your re resentative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request, form are. 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities„ signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law,
day of 20_
'TITLE (President, O"er, etc.)
ADDRESS
TELEPHONE

CosiNumber "146
A&vtgmd p*rty. K B I IAC Kutlander Boggs Ifiveafirtonts
ftroft
O=
Rec� %V1
4*ft�
P, Wet
CabaAp,
_X (0 the vj"nn Was eVlain "*Me Oi6Wjbn was IdtavoMab"r
X (d) ffie violator had not been assessed civil penalties for any previous violations-,
x (e) payment of the civil penalty will;prevent payment for the remaining necessary remedial actions (re., explain
how payment of Me civil penalty nIll prevenlyouftom performing the aclivities necessary to achieve
compliance)-
z
Re�i�w of fbdifty log book and EDMR sho" histokst rainfall eveMs during and around tho time of
W :11

SIAT15 Of NOM CAR"A
C"WOPCOARRUS
DEPARTMENT OF ENVIRONMENTAL QUALITY
lN THE MATTER OF ASSESSMENT WAI VER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
K B I LM Kurinuder Beggs Investments LLC
Silver Maples Community
PERMIT NO. NCO047091 CASE NO. _LV-2016-0146
Having beenaissessed civil penalties totaling 3 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Ampa-I ZqL6, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -stated maftr and does stipulate that the facts are as all in the
assessment document. The undersigned fintlier understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director oft Division of Water Resources within thirty (30) days of receipt of the notice
ofassessment No new evidence in support of a remission request will be allowed after it days from the receipt of the
notice ofassessment,
This the 2 dayof - September ,2016
ADDRESS
Metwater. Inc.
1000 woodhurst Drive
WOW
VaCE Monroe NQ_2811_Q__
1�0 (f i4if tor for SH
TELEPHONE
704.506A255

PATMCCRORY
Governor
DONALD R. VAN DFR VAART
Secrelary
S� JAY ZIMMERMAN'
ireclor
4 na
October 6, 2016
Maryjane Kurlander, Owner
K B I LLB" Kurl nder Boggs Investments LLB ' M
80 S Lk Aver Ste 719
Pasadena, CA 91101
Subject: Remission Request of Civil Penalty assessment
Silver Maples Community
2812 Plantation Rd, Concord, NC 28027
l PDES Permit NCO047091
Case Number L `- 1 ®1 6
Cabarrus County
Dear Ms.lurllander
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility, Your request will be scheduled for review by the Director and you will be
notified of the result.
If you have any questions about this matter, please contact me at q l q) 807-6307 or vita e-mail at
derek.denard@ncdenr.g,ov.
Sincerely,
Derek Denard, Environmental Specialist
Compliance & Expedited Pennitting Unit
Division of Water Resources, DEQ
cc: Enforcement File ur/oTi inals
NPDES Program Files
Central File-, / t chments
Dustin K, Metre eon„ 1000 Woodhurst Dtive, Munroe, NC 28110
State of North Carolina V EnNir omental Quality i Water- Resources
1617 Mail Service Center j Raleigh„ North Carolina 276 e9-1617
91-707-9000

cmwi4jimber: IX�164146
Assewd Party: K 8 1 L= Kudind6r Bogp Invesfiner6 LLC
POWKN4�- NCO041091
(j) otw: or mm of" Civil OoWly m��t hetots in N�CG.S. 143B-281 l(b) weft wmo&ly aWlWAo the
deWmmt of the pOtioner * wsemmmij4Mm are &Md io the C10*444 a0e�$#�t d6CWOOno;
ftviolatorwot abated wnkuing"vitohmMtal 6�4& m�uhtngfibrn the violation (100., O)pl* Ae
*m ma)VU i6a & cor�t Me PMM� andpoewfiawt oceu"vno4li
x the vi"On WAsinA4*e**tvtotA tesult of 40 acti&M (te, OVMM �o*ihe WdWbn was wwwhlktbk or
som#A4you coW not Mwhl or pvalvjbq),

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIVULATION OF FACTS
K B I LLC Kurttrader Boggs investments LLC
Silver Maples Community
PERMIT NO. NCO047-2016-01.46
Having been assessed civil penalties totaling JAR.51 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Aggoll,20-C the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as all in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penaI ty must be submittedto the Director of the Division of Water Resources within thirty (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 2 day of September 2016
SIGNATURE
Metwater Inc.
'DWI r0wo 1000 woodhurst Drive
wfow � 4 jm� Monroe NC 2811!i In
t�l 0\01 _flf�ag�cilrgattor for Sitiver Maples')
TELEPHONE
704.506A255

North Carolina Department of Environmental Quality
Pat McCrory
Donald van der Varrt
Governor
Secretary
MEMORANDUM
TO:
Derek Renard
FROM:W.
Gorey Basinger, Regional Supervisor
THROUGH:
Roberto Schef
DATE:
September 29, 2016
SUBJECT:
Request for Permission of Civil Penalty Assessment
NPDES Permit Number NCO047091
Silver Maples Community WWTP
Cabarrus Count
Case Number LV- -0146
ERG staff has
reviewed the subject request for remission request and comments are as noted on the
civil penalty remission factors sheet'.
610 East Center Ave., Suite 361 Mooresvilte, NC 2811
Phone: [phone], t Fait°; [phone] R CustomerServi : 1-877-623.6748
internetncwaterquallty.org
An Equal Opportunity, Affirmative Actions Empbyer— 50% kecycW1 i% Post Consumer paper

ppPPPp" DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2016-0146 Region: MRO County: Cabarrus
Assessed Entity: Silver Maples Community VVWTP Permit: NCO047091
El (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
Z (c) Whether the violation was inadvertent or a result of an accident',
Z (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions,
Rftlu "10 UwMaAm"I'm
Regional Recommendation (Check One)
Request Denied E] Full Remission Partial Remission Z
Central Office Recommendation (Check One)
Request Denied Full Remission El Partial Remission El
Director's Decision (Check One)
Request Denied [] Full Remission Partial Remission E] Amount Remitted
Data S. Jay Zimmerman, Director

Schtiller, Roberto
From: dmetoaten @ao.com
Sent: Tuesday, August 23, 2016 6:51 AM
To: Scheller, Roberto
Cc: [e-mail],- Debbie McKinney
Subject: Silver Maples WWTP Civil Penalties
Mr. Scheller,
I have been asked by the owner of subject facility NPDES# NCO 047091 to determine if a request for mitigation
or remission is appropriate regarding the following case numbers:
• LV-2016�0146 January 2016
• LV4016-0150 December 2015i
These violations are similar to Violatiorr(s) noted in November 2015 of which my client was relieved of
additional enforcement or penalties. As you may be aware, my client is actively pursuing a connection with the
local municipality and plans to abandon their wastewater facility by years end 2016.
I will formulate a more official response, using the provided forms, in a day or two after I have had an
opportunity to look over the files more thoroughly.
Sincerely,
Dusty Meitreyeon
Metwater, Inc.
7045064255

[e-mail]
tochiller, Roberto
cc silo"b.r+ iaples@ owerr-1 lait.[ „SYi I ei1{ Ie 4i'1£lkjl: ,
Request for Remission Silver MapleWW-f P J1C';1 0470 °` V—
N EDbVj.e;
1 file attached;, .._`
W,' ? �
Smaples request to.. � lm,pdf 1.3'i MB E
M OF4 S _�L,. ?} (K) A , NF rAC
Roberto, as we discussed, herewith attached are the forms requesting remission from LV-2016-0146
resulting from violations in January 2016. `thank you for your guidance through this response. Should
there be need for anything else please don't hesitate to contact me directly.
Dusty Metre on
Metwater, Inc.
704.506,455
Sent from Windows (Mail

Number-UEST
Case V-201 �014 Ajgsase` °raaiaat f t.' ak?raarars
d l L Kutiander Rages ltrvefati aerats l;l_.t.,
Permit o.: NCO047091�,aaar�arsat s kx,s�ral; � � ��
Please use this form when requesting remission ail"this civil pul alf,! Y tam tdf[,9,,t �� , � c:ortt f,lcTls tfic, ° Reqtac,st 1 (frt Rrrrrissic3zt,
Waiver ofBightto anA&ninistrative Heearinr, rantI s6p alear"rrr qf t='eh.tr l4,Jfat to RmcJUCS~ t rr°t,rt s ata ca"i this c,'l it Penalty.
You should attach any documents that you believe support your requeM and are
f�e�n tart' fct° tlre f)itc.ctcar to consider in
e aluatingyour request for remission, please be aware that to request: for rc.tfais�;lota is limited to consideration of the five
factors listed below as they may relate to the reasonableness c,'A"the am oll'it cal"the Civil lvn l v assessed, Requesting
remission i not the proper prose tire for comes iatt? �vlaetlfa°t tlit l ia�ai=���� €?t i j,e �.yr�a c.al � r, tlfc" sr ..xfs�a��. of any of tile factual
statements contained in the civil penalty assessment docurftew, l'!IR�aaatasa taI � t ('ES1 °l3ll .8,1 l(c), temission Ofa civil
penalty may be wanted only When nacre car more of tile. fcall0vviaa{� f �vrc°tat €�sr•x, €tj tali . l'lr a 4a claea is each fa factor that you
believe applies to your case and provide as detailed explanation, ineloding cop cs crel`, tupportint cltac.f,taaetats, as to play the
factor applies (attach additional pages its Tiecdafc ).`
(a) one or more of the civil penairy ftsw mnent factors in `d t-. G S, 143B 282 t(lt) were tyro fully iappli d to the
detriment of the petitioner (tire, dssessm atijar-tors erre hst�ed rrr tht, °#irit t,�>rr.il�a �as.s�r>t,rr�r�. i saczina raat:
(b) the violator promptly abater co atinuing environmental ct, ojlrjttl= facarsl tlrc aAscklatirrft lire., aa.tpl in tile,
sieps that;you t r to correct the vulleatii n eraa llIre v nt i`iat"r . (n, curr nce.�1,
(e) the violation was inadvertent or is result of all t'ux i.le.sat (i r , rxxplcataa t,=°hv Me t�jt Icatj()n t<s¢c s array °efrclrible or
somethingyou could carat prev errt or Ira-ep arfic ft.w);
(d) the violator had not been assessed civil penalties for any previous vrfctlatir nst .
e payment of the civil penalty avAl prevent payna,ftl f6r the rcir"mis mp,, jlvice sar'v factions (i.e,, explain
howpayment of the C ivil p e72alq, �t'ilaa t a'f:'I c rat �„rr,6rd fa taraa 1?c' !.tr?rrr ?taJSr tilt.: t:i .°tr`a"aaCx",5 17 't""t o,li r'�' tdF tX >'�7f 9.°g.
compliance).
f . � � ar • of a � w • � � � �. �

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IAITAI�', 11NIEN I tint [-,NVlfZ()NMEN fAl-, QtJALITY
IN THE MATTER OF ASSESSMENT WAIVER OF RRAITTO AN
OF CIVIL PENALTIES AGANST ADMINISTkikTIVE JTFARTNG AND
STI P IJ I -ATION OV FACTS
K B I LLC KurlandInvestments LLC
Silver Maples Community
PERMIT NO. NC,0047091 CASE NO, IX-2016-0146
Having been assessed civil penalties tutdbrig Lt kjth in that aswsjiv�ot docannont ofthe Divi6on
oI Water Resources dated Aaq atj,ZOL -,siring to seek r - ir, of the civil penalq�, doe-, herchy waive
0, the undersigned, dc
the eight to an administrative hearing in the above-statcd triatter and &x-,s a,fipulate that thc ficv�, arc as alleged in the
assessment document, The undersigned farther understands thai at I cIvidcrice presented in qupport oftemission oft is civil
penalty must be submitted to the Director of the Dic,)siotj of Water Rcsomcus mvaldn thjrt� t 3 0) day s o receipt of the notice
ofanessment. No new evidence in suppoill ofa rcinission request i,e :011lxdafffr (10'i days fion), the receipt of the
notice of assessment.
This the Septernber dav of 16
,StGNA'TTJRU,

W WWTP Upset, Spill, or Bypass 6-Day Reporting Form
P Page I
a
NC
WWTPIn
(Please Print or Type Use Attachments if Needed)
Permittee: Union County Public Works Permit Number NCO085812
Facility Name: G.rassy.,Branch WWTP County: Union
Incident Started'. Date: 09/06/16 Time: 0910
Incident Ended: Date: 09/07/16 Time. 1300
Level of Treatment:
—None — Primary Treatment X Secondary Treatment -a UV'/Li
Estimated Volume of Spill/Bypass: 0,047 million gallons — Measured through the effluent flow meter for the
duration of the bypass.
Did the Spill/Bypass reach the Surface Waters? _X_ Yes No
If yes, please list the following:
Volume Reaching Surface Waters: 0.047 million gallons Surface Water Name: —Crooked Creek
Did the Spill/Bypass result in a Fish Kill? — Yes _X_ No
Was WWTP compliant with permit requirements? Unknown, sampling was conducted but we have not recd
results at this time.
Were samples taken during event? Yes
Source of the Uoset/Soilfflyoass (Location or Treatment, Unit),:_Bypass of the Tertiary Filters at Grassy
Branch WWTP
Cause or Reason for the Upset/Spilly' ypass.
Sand Filter was bypassed while we performed the re -building of the nozzles, send and anthracite.

'Plow hviky
r
m
low d. f
rf
m
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mw
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w_.
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cpan,y- into,
wkywilly-
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W WWTrtinm P Upset, Spill, or Bypass 5-Day Repog For
P Page I
Describe the Repairs Made or Actions Taken:
All of the sand and anthracite was removed, All the nozzles were removed and replaced. The air distribution
system was cleaned- When the repairs where complete the filters were placed back online.
Action Taken t Contain Il Clean t t anal Femedite the bite if a liable
n/a
Additional Comments About .',the .'Event:
NIA
24-Hour Report Made To: DWR
Contact Name- Wes Bell Date 09/06/16 Time 09:33am
Other Agencies Notified (Health In etc)
Person Reporting Event: _Danny L. Smith, 704/975-5236
Did DWR Request an Additional Written Report? -X—Yes —No
If Yes, What Additional Information is needed: 5 day report
Danny L Smith
Charlotte Water -IBC O&M Contract
East Side Supervisor
Phone - 704-975-5236

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❑Certified Mail Restricted Delivery $ Halt/
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Tote MARYJANE KURLANDER OWNER
K B I LLC KURLANDER BOGGS INVESTMENT
Sen 80 S LAKE AVE STE 719
? 6-- PASADENA CA 91101
City. NOV/RSIWQROS/2017 08 01

rra.c psr vv mac.LI 1 wuvvlrrrry ucr Icuw.
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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 for your records.
Fnnn 3800.Annl 201R(Ravarsw)PSN 7R'in-09-nno-4na7

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MARYJANE KURLANDER OWNER If YES,enter delivery address below: 0 No
K B I LLC KURLANDER BOGGS INVESTMENT
80 S LAKE AVE STE 719
PASADENA CA 91101
NOV/RS/WQROS/2017 08 01
11111111 I'll I 11111
II I I I 11113 II 3. SService Type ❑PriorityeistMail ail'.
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(/j
NC DEQ --
DWR/WQROS .g �`��
610E CENTER AVE STE 301 min a ' c-
MOORESVILLE NC 28115 =v,3 �� (..?-
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cttt"&d M�a 4 1615 Mo 0002 0*i itio
Refoin IR"ot Rtqu�d
August 1, 2016
Mary, JanaKurlander, Owner
K B I LLC Kurlander Boggs Investments LLC
80 S Lake Aver, Suite'719
Pasadena, CA 91101
SUBfECT: - - Notice of Violation and Assessment of Civil. Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES WW Permit No. NIC0047091
K B I LLC Kurlander Boggs Investments LLC
Silver Maples Community
Case No. LV -2016-0146
Cab us County
Dear Ms. Kurlandev
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $450.53 ($35U0 civil penalty +
$100.53 enforcement costs) against K B I LLC Kurlander Boggs Investments LLC.
This assessment is based upon the following facts: a review, has been conducted of the discharge: monitoring report (�)MR)
submitted by K B I LLC Kurlander Boggs Investments LLC for the month of January 2016. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring rewire mentsfound in NPDES WW Pe it
No,IBC O047091. The violations, which occurred in January 2016, are summarized in Attachment A to this letter:
Based upon the above facts, I conclude as a matter of law that K B I LLC lour( der Boggs Investments LLC violated the
terms, conditions or requirements of NPIE S WW Permit No. NCO047091 and G.S. 143-215. l(a)(6) in the manner and
extent shown in Attachment A. In accordanoc with the maximums established by G.S.'143-215.6A(a)(2), a civil penalty
may be assessed against any person who violates the terms, conditions or requirements of a permit required by G,&
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, MooresvilleRegional Office hereby make the following civil penalty assessment against K B I LLC
Kurlander Boggs Investments LLC:
State of North Carolina I Environmental QuAity I Water des,
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-603-1699

jl�QQ.90 I of the .l violations of 1 3-315.1(s)( ) and Permit No.NCO04709 1, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cork:
$250.00 1 of the i violations of 1 3- 15.l( )(6) and Permit lslo.l C O0 7091, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for FLOW,
J350,Q0 TOTAL CYVIL PENALTY
W00.3 Enforcement {posts
515 I, ANtOUTNT DU
Pursuant to G.S. 1 3- 15.6A(c), in determining the amount of the penalty I have taken into account the Findings f fact and
Conclusions of Law and the factors set forth -it, G.S. I43 -3 .1(b), which
(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,
(3) The duration and gravity of the violation,
(3) The effect on ground or surface water quantity or quality or on air quality
() The cost of rectifying the damage;
(5) The amount of money saved by noncompliance
() Whether the violation was committed willfully or intentionally
(7) The prior record of the violator its complying or failing to comply with progranis over which the Environmental
Management Commission has regulatory authority; and
() The cost to the State of the enforcement procedures -
Within thirty (11) clays of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(3) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option $ Submit payment of the penalty:
Payment should be made directly to the order of the Department went of Environmental Quality (do not include waiver
, orrrr). Payment of the penalty will not foreclose further enforcement action for any, continuing or new violat on(s);
Please submit payment to the attention of
Wastewater Branch
Division of Water resources
117 bail Service Center
Raleigh, Carolina 7 99-ldl

Foption 2: Submit a written request for remission or mitigation 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 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. 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 and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penahy, should be remitted, and submit it to the Division of Water Resources at the address fisted 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 NCGS 143B-282, I(b) was wrongfully
applied to the detriment of the petitioner®
(2) whether the violator promptly abated continuing environmental dai-nage resulting from the violatiom,
(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 evidence 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.natter r of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the pen by 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 lo m ete C I n
y the Director. Therefore, it is very important drat you prepare a o p and
thorough statement in support of your request for remission.
In order —to _remust corn. fete-a4—subnxitthe_qn_close_d!'`"e Best for --�qfissionfKytPgnalfiies
Waiver of FLigtat to an Administr—ative Heari!iZ and Stipulation of facts" ,f6MIyJthJn tlljrt _C 30 J days of receipt oLthis
sb
potice The Divisiqnof Water Resou_rcesalso reqqeqs_fh t u c2mplete_qmLumit the enclQsed " — — ju—SCIficAtion for
--
RerqLission Re muq�s—t",
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 it Service Center
Raleigh, North Carolina, 27699-1617

frice of Administrative Hearin�Ls,
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 (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 § 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 Hear' ithia l-qaestLojis_rggrrj te
-jn&tji q,and/or the details of h
Lfilling-propes.
'Hie mailing address and telephone and fax numbers for the Of of Administrative Hearings are as .folio
Office ofAdministrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel. [phone]
Fax: [phone]
One copy of the petition must also be served on DEQ as follows:
Mr. Sam ill. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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 letter, as evidenced by an internal
date/time received stamp (not a pogtmark), 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 maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at (2252) 946-6481 or via email at roberto.schetter@,iiedeiir.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

ATTACHMENT
I LLC KurlanderInvestments LL
CASE NUMBERLV-201 - 14
REGION: r villa
PERMIT:
NCO047091
FACILITY:
Silver Maplesnit
COUNTY: Cabarrus
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall gdt - Effluent
Violation
Report
Unit of
Limit
Calculated % Over Violation
Penalty
Date
nth/Yr Parameter
Frequency Measure
Value
Value Limit Type
Amount
11 12,1
1-2016 BOD, -[day (20 Deg.
Weekly rng1I
19,50
28 416 Daily Maximum
$100,00
Exceeded
t - Concentration
11112016
1-2016 Flow, in conduit or thru
Continuous mgd
0,04
000 23,5 Monthly
$250.00
Average
treatment plant
Exceeded

JUSTIFICATION 11
Case Number: L -2 1 -01County: Cabarru
Assessed Party: K B I lnrl.,C Isurla.ader Boggs Investments LL
Permit o. 047091 Amount Assessed- : 450.
Please use this form when requesting remission of this civil penalty. You must also complete the ,"Request or Remission,
Waiver ra, .lcight to an. Administrative Hearing and Stipulation of acts" 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 ission is limited to consideration of the five>
factors listedbelow 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 ' .tat . . § l l - .1(c), remission of civil
penalty may be granted only when one or more of the following five factors apply. please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to avhyx the
factor applies (attach additional pages as needed):
(a) one or more of the civil penalty assessment factors in . .G. . 1 B- g .l (b) were wrongfully applied to the
detriment of the petitioner (the as essment factors are listen in the civil penalt v assessment document)
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steers that you took to correct the violation andprevent utur occurrences),
(e) the violation was inadvertent or a result of an accident (i.e., explain in why the violation was unavoidable or
something you could not prevent or ar'epare for) y
(d) the violator had not been assessed cavil penalties for any previous violations;;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance),
EXPLANATION:

STATE NORTH CAROL ` MENT OF ENVIRONMENTAL QUALITY
COUNTYF CABARRUS
IN THE MATTER OF A E]"� Ef NT WAIVER OF RIGHT TO AN
OF CIVIL PENALTMS AGAINST ADMINISTRATIVE A
STIPULATION OF FACTS
I LLB Kurlander BoggsInvestments LL
Silver Maples Community
PERMIT NO. NCO047091 CASE NO.
Having been assessed civil penalties totaling 0.53, for violation(s) as set forth in the assessment document of the Division
of Water`Resources dated Aqgust 1 , �2016 the undersigned, desiring to seek remission of the civil penalty, chess hereby waive
the right to an administrative hearing in the above -stated chatter and dins stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission cif"this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty ( days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after ( ) days from the receipt of the
notice of assessment,
This the day of � 2_
SIGNA'PJRE
ADDRESS

Certified Dail # 7015 1520 0002 $376 135+1
if
aryjane Iurlander, Owner
I LLC Kurlander Boggs Investments LL.0
an C I le Aver Cta 10
Pasadena, CA 91101
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESSIL PENALTY
Tracking Number: N a' -2 i1 - - 2 i
Permit No, NCO047091
Silver Maples Community
Cabarrus County
Dear Ms. Kurlander.
A review of the January 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit dareKtolAblJgn
Sample Limit Reported
Location Parameter ate Value Value, Type, of Violation
1 Effluent BOD, -Day (20 Deg. C - 1/7/2016 19.5 28 Gaily Maximum Exceeded
Concentration C0310
001 Effluent Flow, in conduit or thru 1/31/2016 0.04 0.049,Monthly Average Exceeded
treatment plant 5005
Notice of Violation/intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute .S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143- 1S. A, a civil penalty of not
more than twenty-five thousand dollars 25,000,00may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
13-215. 1.
Staft of North Carolina I Fnvirontoental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
7fdw'i<i rJt}

if you i provide additional• r *ir; t the noted Violation,request • assistance, or
i M r i i "' i`:"* i 1l i i ". � i Rfr • "` i M 9M
,. *.. i i.; * :. M i i * • *. i i. ,.. * i �r ® /l r i ', * • ', i M f " i i "` . ': � * dI : r i,:"`
• �F i �*Mi i i* M *i i' r i'� * • i* * *M *i, i i
• . * i r r ' i � i '; r ar " . t N r * i i * i i is * • i i •• ,• � *
r '• "'" i * : • /W i * *w *i i i• * i as i * * :.r i'i*,s.
.i. 9M i t "" '" "` • r i i r ! i ! i "` . i i i r i` . '� i*
i
i .i `i i• i 'i i � i � �' i i I! • i"" M ':i r •r •® i
sii ! r i i � i • s!! ii "' •' ! s � i i* •i " 11 � i
f you have any questions concerning this matter or to apply for an SOC, please contact Roberto Schaller of
the Mooresville RegionalOffice at - 3-1 99.
cc:
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality regional operations Section�
Mooresville Regional Office
Division of Water Resources, NCDEQ
WQS Mooresville'*Eriftirtorrient File
NpbtS i a o *Enforcement
Stria of North Carolina � Environmental Qaahty I Water Resources
10 East Center Avenue, Suite 301, Mooresville, NC 28115
704 3-1 99

MaKIM.
MaryJane Kurlander, Owner
K B I LLC Kurlander Boggs Investments LLC
80 S Lk Aver Ste 719
Pasadena, CA 91101
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NCB" -2016-LV-0270
Permit No. NCO047091
Silver Maples Community
Cabarrus County
Dear Ms. Kurlander:
A review of the January 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Unit Exceell.,no Viglation(sl.,
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. Q - 1/7/2016 19.5 28 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent Flow, in conduit or thru 1/31/2016 0,04 U49 Monthly Average Exceeded
treatment plant (50050)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State of North Carolina I Envirommental Quality I Water Resourcts
610 East Center Avenue, Suite 301, Mooresville, NC 28115
7W-M1_1AQo

W,IILA ,11L
Sincerely, I
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

'Date Parameter Permit Limit DMR Value % Over Limit Action
Monitoring FrqquqnqYjq!4jO�
Date Parameter Permit Frequenje Values Reported # of Violations
Action
' -
^
,or Remarks:
~ ' ^
Completed by:
'Assistant Regional'
`
Supervisor Sign Off:
_~
0Date:K
'�
Regional Supervisor '` -
Off:- - - Date:�
— w^
3PM ^ DNDR Review Record Master 1602,

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
'violator: I .3 I Lip ' I urlander Boans Investments LLC
Facility Name. Silver Mantes Communill
Permit Number: NCO047091
County: Cabarrus
Lase Number: Lit-2016- 114
ASSESSMENT T A :'I`OR
1 The degree and extent of harm to the natural resources of the State, to the public wealth, or to private
property resulting from the violation;
,ry r
) The duration and gravity of the violation; mm
Theeffect on ground or surface waterqua rtity of dual ty or on air c nulity r
The cost of rectifying the damage;
.m.,,
5) The amount of money saved by ooncornpl%ance
h) Whether the violation was committed willfully or intentionally;
a=
7 The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority. A 12-month review of compliance history
January 201.5 to December 201 ) found the following violations*
012015 - Gaily Max, BOD, Monthly Average BOO - LV-2015-01 g
02 2015 m 2 Gaily flax BOCK„ Monthly Average Flow LV-2015-0202
0312015 -,2 Daily Max BOD, Monthly Average BOD, Gaily Max TBB - LV-2 '15- 206
04/2015 - 2 Daily Max BOD, Monthly Average BOD NOV-201 -L" ®t1 2
0812015 - Daily Max Fecal Coliform - N V-2015-LV-0 82
1112015 - Monthly Average Flow - N V-2015-LV"-g125
1212015 - 2 Clair Max BOD, , Monthly Average BOD, , Daily Max Fecal Coliform, Monthly Average Flom+
Nt V"-2015-LV-0181
The cost to the Mate of the enforcement procedures.
The cost to the Mooresville Regional Office is 10& 53
Regional Office Clerical Staff _. one hour $15,00
Enforcement case preparation staff time - one hour $33,13
Regional Office Supervisor review - one hour 5-40
Total '10&5

JAUA
f .
if Date
W. Corey Basinger, Regional Supervisor
'water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ