NC0047091_Enforcement_20160801 (2)

y COOPER
MICHAELIS, REGAN
Water r S. JAY ZIMMERMAN
Emv*mt4v41rA,L auwyy
January 23, 201
Maryjane Kurlander, Owner W t l RO
K B I LLB" Karl der Boggs Investments LLC MOOR SVIL � . OrTlI M;
tl S Lk Aver Ste 71
Pasadena, CA 91101
Subject: Payment Acknowledgement
Silver Maples Community
Permit NCO047091
Case No. L - 1-1tl
County Cabarrus
Dear Ms. I.url der:
This letter is to acknowledge receipt ofpayment in the amount of $550.53 received from you on
1 /2 /2117. This payment satisfies in full the above civil assessment (s) levied against the subsect facility.,
d 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 at919-807-6397,
Sincerely,
X440€_l
Wren The€lford
cc: Central Files
NPDE
Mooresville RegionalOffice
State of North Carolina I Environmental Quality � Water Resource
610 East Center Avenue, Suite 301,1+ Mooresville, NC 28115
704-663-1699

Certified Mail # 7015 1520 0002 8386 7663
Return Receipt Re, nested
A_
August 1, 2016
Maryjane Kurlander, Owner
K B I LLC Kurlander Boggs Investments LLC
80 S Lake Avenue, Suite 719
Pasadena, A. 91101
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215, ](a)(6)
and PDES WW Permit No, NCO047094
K B I LLC furl der Boggs Investments LLC
Silver Maples Community
Case No. LV-2016-0150
Cab us County
Dear Ms. Kurlander.-
This letter transmits a Notice of Violation and assessment of civil penalty in the artiount of $550.53 ($450.00 civil penalty +
$100.53 enforcement costs) against K B I LLC Kurlander Boggs Investments 11C.
This assessment is based upon the following facts: a review has been conducted orthe discharge monitoring report (E)MR)
submitted by K B ILLC Kurlander Boggs Investments LLC for the month of December 2015. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NUDES WW Permit
No.NCO047091. The violations, which occurred in December 2015, are summarized inAttachment Ato this letter.
Based upon the above facts, I conclude as a matter of law that K B I LLC Kurlander Boggs Investments LLC violated the
terins, conditions or requirements of NPDES WW Permit No. NCO047091 and G.S. 143-215. I(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215,6A(a)(2), a civil penalty,'
m,ay be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
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, Mooresville Regional Office hereby make the following civil penalty assessment against K B I LLC
Kurlander Boggs Investments LLC:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$j 0(L00 I of the I violations of 143-215. 1 (a)(6) and, Pei rnitNo.N'CO047091, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for ROD - Cone,
$ LO 0,_0 0 I of the . viol, ations of 143-215, 1 (a)(6) and Permit No,NCO04709 1, by discharging waste grater into
1
the waters of the State in violation of the Pen -nit Daily Maximum for FCOLI BR.
$,-LQjQQ I of the .1 violations of 143-215, 1(a)(6) and Permit No.NCO047091, by discharging waste water into
the waters of the State in violation of the Perinit Monthly Average for FLOW.
$zt�S Q_QQ TOTNL CIVIL PENALTY
JjQQ.,5 - �_a Enforcement Cost.,
5-0.5 a 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. 14313-2811 (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 violation;
(2) The duration and gravity of the violation,
(3) The effect on, ground or surface water quantity or quality or on air qualih -
(4) The cost of rectifying the damage;
(5) The arnount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Cotainission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (dO) days of receipt of this notice, you niust do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option I: Submit payment of the penalty:
Paynient should be made directly to the order of the Department of Environmental Quality (do not include w,aiver
form), 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 Carolitia 27699-1617

F
Option 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 "lay
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 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 NCGS 143B-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in -VvTiting. The
Directorof the,Division of Water Resources will review your evidence and info rai you of his -decision in the ratter of
your remission request. The response will provide details regarding the case status, directions for pa3,nrent, and
provision for further appeal of the penalty to the Enviromuental 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 irgallest remission t C lete and, submit the enclosed 'R
LK:QMM J_e�uest for Remission of CiyiI tet q1tips q—
Waiver ofRi lit to an Administr4tiKg —wi
ti -B of Lacts" form ithin th 39)Aav_sAre iMLQ
notice. The Division of Water Resources also _Le%qcsts!ha!
Remission
]a_RMqe_S_t'I
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Ovtion 3: File a petition for an administrative hearine 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 adimnistrative
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 § 15OB-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electroitic transmission. You
should contact the Office of Administrative -Hear qqgstion,regqrding_the filing fee and/or the details of the
fil,
Rug-p-Lo—e—ess -
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, DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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 letter, 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
copection 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, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via entail at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Co: WQS Mooresville Regional Office - Enforcement, File
NPDES Compliance/Enforcement Unit - Enforcement File

ATTACHMENT
I LLC Kurlander Boggs Investments' LLB
CASE NUMBER: LV-2016-015
PERMIT:
NCO047091
REGION: Mooresville
FACILITY:
Silver Maples CommunityCabarrus
LIMIT VIOLATION(S)
SAMPLE LOCATION: utfall 001 - Effluent
Violation
Report
Unit of Limit
Calculated
% Over
Violation
Penalty
Date
MonthtYr Parameter
Frequency easur Value
Valve
Limit
Type
Amount
12129/2015
12-2015 POD, 5-Day (20 Deg.
Weekly rngll 19_ 0
31
%0
Gaily Maximum
1009 00
) - Concentration
Exceeded
2129/2015
12-2015 Coliform, Fecal MF,
Weekly #11 ooml 400
600
51 0
Daily Maximum
1 i1i 00
MFC broth, 44.5 C
Exceeded
121 1Q01
1 291 Flow -in conduit or thru
Continuous rngd O04
O,078
9&6
Monthly _
2 00
treatment plant;
Average
Exceeded

JUSTIFICATION FOR REMISSION REQUEST
Case Number: L- fll -0150County- Cab is
Assessed Party: K B 1 LLC Kurlander Boggs Investments LLt
Permit No.: 47 m Assessed: 0.53
'lease use this form when requesting remission of this civil penalty. You mast also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Fact. " 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 oaf°the amount of the cell 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 . a . . § 14 B-2 .1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. :Tease 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 oti or rtt r cTtlid-civil-pefialty assessment factors in ICI. .G. . 14313- g ,l were wrongfully applied to the
detriment of the petitioner (the assessmentfactor°s are listed in the civil penalty assessment document)
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation andpreventfuturAe occurrences);,
(c) the violation was inadvertentora result of an accident (i.e., explain why the violation was unavoidah e or
T something you could not prevent or prepareufor);•
(d) the violator had not been assessed civil 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 youfto rr performing the activities necessary to achieve'
compliarrc ._
XP t I m

STATE OF NORTH CAROLINA l El'a l~lTMl:l T C.11~ ENVIRONMENTAL QUALIFY
COUNTY OF CABARRUIS
IN Tl ll. MATTER OFASSIr I NT WAIVERTO AN
OF CIVIL PENALTILSAGAlNST ) ADMINISM T , HFARING
STIPUI,ATION OF FACTS
LLC Kurlander Boggs Investments LC
Silver Maples Community
itt
PER',IvflT NO, NCO047091 CASE NO. LV-2016-0150
Having been assessed civil penalties totaling _$t for violation(s) as set forth in the assessment document of the Division
of Water Resources dated,,Nmast 1, eft 1 the der i n , desiring to seek remission of the cavil penalty, does b r by waive
the right to an administrativehearing in the above -stated matter c does stipulate that the facts are .s alleged in the
assessment, document, The undersigned Norther 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 thirty u) days of rectipt ofthe notice
of assessment:_No new evidence in support of a, remission request will be allowed after 3,0) days from the receipt of the
notice of assessment.
This tlae _ �.m_..... _.._ ....__� _ ..:... f ., . _ ...,_._. v:. _.... ��. ---- w.._. .m_� 20____

Certified Mail # 7015 1520 0002 8376 1879
Retum ReceiDt Reauested
April 5, 2016
Maryjane Kurlander, Owner
K B I LLC Kurlander Boggs Investments LLC
80 S Lk Aver Ste 719
Pasadena, CA 91101
SUBJECT: NOTICE OF VIOLA77ION & INTENT TO ASSESS CIVIL PENALTY
TracWing Number: NON— 2016-LV-0181
Permit No. NCO047091
Silver Maples Community
Cabarrus County
Dear Ms. Kudander:
A review of the December 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below-,
Sample
Limit
Reported
Location
Parameter
Date
Value
Value
Type of Violation
001 Effluent
BOD, 5-Day (20 Deg. Q
12/29/2015
19.5
31
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
Coliform, Fecal MF, M-FC
12/29/2015
400
600
Daily Maximum Exceeded
Broth,44.5C (31616)
001 Effluent
Flow, in conduit or thru
12/31/2015
0.04
0.078
Monthly Average Exceeded
'treatment plant (50050)
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
7 AA AA I - 1600

U
0 . .
FFn icipatee rem - -a con ru on a vi j , e u
Consent.
gel S
VILVAL-Iff IF jw=wM
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional operations Section
Mooresville Regional Office
Division of Water Resources, NODEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of Nortir Carolina I Environmental Quality I Water Resources
6 10 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

ceirtified Mail #7015 1520 0001 t06 1879
April 5, 2016
Maryjane Kurlander, Owner
K B I LLC Krlandr Bogs Investments LL
80 S Lk Aver Ste 719
Pasadena, CA 91101
5L18JECT: NOTICE OF VIOLATION & INTENTL PENALTY
Tracking umber: N V-2016-LV-0181
Permit No. NCO047091
Silver Maples Community
Cabarrus County
Dear Ms. Kurlandr®
A review of the December 2015 Discharge Monitoring Report ( MR) for the subject facility revealed the
violation(s) indicated below-,
Limit' xce daance V"i lation s f
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
of 1 Effluent Bch , 5-Day (20 Deg. ) r 1 /29/2 15 19.5 � 1 Daily Maximum Exceeded
Concentration ( 1.0)
001 Effluent Coliform, Fecal MF, M+C 12/29/2015 400 600 rally Maximum Exceeded
Brotho5 (1616)
001 Effluent Flow, in conduit or thru 12/ 1/2015 0,04 0.078 Monthly Average Exceeded
treatment ent plant (50050)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of forth Carolina General
Statute (.) 1 -215.1 and the facility's I P ES Permit. Pursuant to G.S. 143-215.5A, a civil penalty of not
more than twenty-five thousand dollars (2,00000) 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 l Environmental Quality l Water Resources
610 East Center Avenue, Suite '301, Mooresville, NC 28115

I11111;;I 1111 1 IIIIIIIlIIjIIij� 111111111111111111 IlIl Pill 11111111111111111IIIIII
Yr
guy 14=21allisiI A I I -
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Of at 704-663-1699.
Sincerely,
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 � Environmental Quality I Water Resources
610 East Center Avenue, Suite tit, Mooresville, NC 28115
704-663-1699

ReviewDMR rd
Facility. Permit No.: Pied No.: nth/Year:
MonthitAver_age Violations
Parameter Permit Limit DMR Value % Over Limit _ Action
L
Monitoring Frgu nc V! l tign
Date Parameter, Permit EKeggency Value R urt utViolationsc igr
I
Completed b
y
Assistant Regional"
Supervisor Sign Offi is
Regional Supervisor Sign
Off.
/ / 01 , 1:17 PIVI D R Review Record Master 1602, Without $ .guts

ROY COOPER
Governor
JAY ZIMMERMAN
Difecro
January , 2017
CERTIFIED AIL 7009 8087 0835
RETURN ECGREQUESTED
MaryJane Furl der, Owner
LC Kurlander Boggs Investments LLC
80 S Lk fiver Ste 71
Pasadena, CA 91101
Subject: Request to Remit Civil PenaltiesDenied
Decision in CaseNumber:LV-2016-0150
Silver Maples Community
NPDES Permit NCO047091
Cabarrus County
Dear Ms. I I der;
In accordance with forth Carolina General Statute 14 -21 ,* ,( , the North Carolina Division of Water
Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret
o inforin you that the Director has denied your request.
e el' re, your outstanding balance ( a ) is due and payable. Two options are available to you at
this stage of the remission process
You may pay this balance.
If you decide to pay the penalty, please make your cheep payable to the Department of Environmental
Quality (DEQ). Send the payment, within thirty ( calendar days ofreceiving this letter, to the
attention o1:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPD S
1617 Mail Service Center
Raleigh, North Carolina 7 -1 17
OR
State of North Carolina C Environmental Quality I Water Resources
1617 Mail Service ter I Raleigh, North Carolina 69 -1617
919-707-9(W,

,444qq
2) You may request the Environmental Management Commission's (EMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
If navinent is not received within 30 gglendar days 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 for
final agency decision.
If you or your representative would like to speak. before the Committee, you must complete and return,
the attached Request.for Oral Presentation Form within thirty (30) calendar days of receiving this letter.
Send completed form(s) to:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, the EMC Chainnan will review the supporting documents and your request
for an oral presentation. I f, 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 her remitted.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
derek.denard@,ncdenr.gov,
Sincerely,
Derek C. Denard, Environmental Specialist
Division of Water Resources, NCDEQ
Attacbments., Director's Decision; Request for Oral Presentation forni
Pennittoe's Request fiar Remission
Waver of Rigbts to Administrative Hearing and Stipulation of Facts
retrainee's Justification for Remission Request
cc: Dustin K. Metreyeon, 1000 Woodburst Drive, Monroe, N C 28 H 0
Enforcement File
Contra] Files

Case Number: LV-2016-0150 _ Region: Mooresville County: Cabarrus
Assessed Entity: Silver.Maples Community WWTP _ Permit No.: NCO047091
Assessment Factors
detrintent of the petitioner -
NOT ASSER:17ED.
El (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
EJ (e) Whether payment ofthe civil penalty will prevent payment for the remaining necessary remedial
actions:
Permittee Assertion: Review of facility log book and el show historical rainfall events during and around the
time of violations. Such events allowed the Rocky River to flood its banks and flood the pr( )perty 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.
DWR Notes: The permittee asserts the reason for remission request is that plant washed out, due to Hooding and
penalties have been remitted in the past. No rain fall data or USGS flow data of the Rocky River was provided
with this remission request to determine severity of flooding for the month of December 2015,
A review of the past 60 months' compliance history, from December 20 10 to November 2015, the permittee
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 NOV-N01 issued on April 5, 2016 (NOV-2016-1,V-01 8 1).
— DECISION (Check One)
Request Denied M
Full Remission 0 Retain Enforcement Cost? Yes 0 No 0
Partial Remission 0 ( mount)
;,;y ZhnLrater �manl, lArector Date

V
F NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
pp" COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
SILVER MAPLES COMMUNITY WWTP
DWR Case, Number LV-2016-0150
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Cormnis,"',ion's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that 1 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,
No Carolina.
0vlv treentation gill be limited to discussion rif issrxes titiir ubrnittectjuipy onj
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 is limited to lgmoLepvvho are active �memb�ersof the jLar. Proceedings before the Committee, on
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 governmental 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 w.ncbar.corn/etbics, 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 Opinion on the unauthorized practice of law.
if you are 1,q,o ®rafionpartnershi J _a
2—or—m—unicip lily and are granted an opportunity to make an oral presentation before the
Conunittee, then your representative 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.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed,with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of 201
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

~~____.- -_. __-- ___' ~ -
_Perm�ft]NN.:

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
This the -2 day of Sentember 20jfL_
P�l �
SIGNATURE
ADDRESS
METWATER, INC
1000 w\WOODHURST DRIVE
MONROE NC 28110
(OPERATOR FOR SILVEffM�� �LES
TELEPHONE
704.5064255

North Caroling Department of Environmental Quality
Pat McCrory
Governor
MEMORANDUM
T Derek Renard
FROM: m y Basinger, Regional Supervisor
Roberto uftel r
DATE:October 11, 2016
SUBJECT: Request for Remission of Civil Penalty Assessment
NPDES Permit Number NCO047091
Silver Maples Community WWTP
Cabarrus County
Case Number LV- 016-016Q
MRO staff has reviewed the subject request for remission request and comments are as netted an the
civil penalty remission factors sheet:
610 East Cv)W Ave,, Stone 301 MooreswHe, NC 28115
Phone: (70) -16k Fax: [phone] � Customer Service-, 1 77-623-67 6
Internet: www,nwaterqualfty,org
An Equat Opportunity a Afirmativp Action Employer - 5 RKyc d tOI,,6 Post CA)nsunvr Rapw

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2016-0150
Region: MRO County: Cabarrus
Assessed Entity: Silver Maples Community WWTP Permit: NC0047091
El (a) Whether one or more of the civil penalty assess ent factors were wrongly applied to the detriment of the
petitioner;
(b) Whether the violator promptly abated continuing environmental dam esulting from the violation;
(c) Whether the violation was inadvertent or a result of an accident,
(d) Whether the violator had been assessed civil penalties for any previous violations;
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
ag
MRO staff has reviewed the subject request for remission. 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 USGS flow
data of the Rocky River was provided with this remission request to determine severity of flooding for the month of
December 2015.
A review of the past 60 months' compliance history, from December 2010 to November 2015, the perrnittee 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. MRO
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 MRO believes the subject facility has a variable
compliance record, No explanation was provided to this Office as to the reason for issues with limits violations noted
in the NOV-NOI issued on April 5, 2016 (NOV-2016-LV-0181), In consideration of the above noted response this
Office supports a 20% remission of the Civil Penalty,
Regional Recommendation (Check One)
Request Denied Full Remission E
Partial Remission
Central Office Recommendation (Check One)
Request Denied E] Full Remission El
ovu
Director's Decision (Check One)
Request Denied 111 Full Remission
Partial Remission H
Partial Remission LI Amount Re ed $
S. Jay Zimmerman, Director

--........... ......
[e-mail]
to ScheNer, Roberto
cc
Request for Remission 1 ver M a Ic,W°,\/ I P N C 00470 91 {' �
1 file attached
t
M pl s request for—
;) d f I a, 8 M
Roberto. . s we discussed, herewith attached are the fOrITIS tecluesting remission from "'
... .... ..'—_
eau 1 ; f h n you tsar your guidance through this response.
Should there be need for anything else please don't 'hesitate to contact me directly,
Dusty Metrey o
etw ter, Inc.
704.506.4255
Sent from Windows ws Mail

RLSIllatt�°Ct. t t;lttm�-mmt 1 —"-sr
CounfyCabarrus
flander Rog lava tmcws I It'
Permit No�: NCO047091 Amount Assessed:
Plem use this form when requesting remission of t[Irs civil pellalty, 'i'pjj jilkist also coulplete lhe "Request For Remission,
Waiver ofRight loan Administrative Heari?% adStipidation qff fiats ' f`()j-jjj t(� yeilue.st rernission of this civil penalty,
You should attach any documents that you believe support yout le'4ocst, and a1c tiecessary I'm dic Director to consider in
evaluating your request for remission, Pleasc be wvatc that as request rof I i, I i1nited to of the five
factors listed to as they may relate to the ara cataatf,la fta s aaf.Olt- anloold ol, the, A. it it pen alt ' v aasessed. Rc,(juestin
g
remission is noed
t the proper procure for contestin actual
geliciller (tic violafion�,�) occurred or the ac(,,turacy (if any (if (lie f
statements contained in the civil penalty assessment docuntent, Ptjr;uarit to N.C,(JS, § 1,1313- 282- lf('), Ufa civil
penalty may be gmnted only when one or Tylore Of tile f0llom' in fivC, hic-tov; <jpjjjv, clml-lk vacl i thctor that you
believe applies to your case and provide a detailed explanation, im iaa litai. a caiaic .a 01" Supporting, dockollents, a: to why the
factor applies (attach additional pages as rteeded).
(a) one or more of the civil penalt, C 0 1 . , it :18') .1 (h werc wrongfully applied to the
y asse,,sinent F1 A is, in N�(-,G jI'j
detriment of the petitioner (the assessinentfiictors are jistcciw aill, I,', it ptwaltv a,,se,vswzenl docutnenr)',
(b) the, violator promptly abated continuing environmenta; dattlafic res"Itilt9 fr(M) the viOlatiOn (r.e, explain the
steps that Vott Mok to correct the violtition andprew,�Yfffialire tealirt ellif"fIN)"
x (c) the violation was inadvertent or to result of an accident (J c cxplain it'hy ill-c violation was unmwid4ible or
something you could nor prevent or preparefior) 1,
X (d) the violator had not been assessed civil penalties f'or any previow, violatictrus,

PPPPPF`
STATE OF NORTH CAROLINA
COUNTY OF GAB IDS
f,NVJRONMENTAL QUALITY
IN THE, MATTER OF ASSESSM FNT WAIVER OF ftlGHT TO AN
OF CfVTL PENALTIES AGAINST NON11NISTRATIVE 11LARING AND
STIPUVATION Of' FACTS
Kurtander Boggs Investments LI t
Silver Maples Community
PERMIT NO, NC0041091 CASE NO, 1,V-2016-0150
Having been assessed cavil penalties tocif ng, +` 505 t fir Violat 4otj(s) tr'= e, 'P fotfli in oic i se,,,smctrt aloetlment cif the Division
of Water Resources dated August t� 1)1, . he undetsi, tr A, desiring to sce.k rctms§rion of the civil penalty, dies hereby waive
the rigbt to an administrative hearing in the above -stated rtrattet and alcws �,,hpt late that (lie Gact.s, are as alleged in the
assessment document- The undersigned lurth r anderstands that all evidence presented In slippo, r-iof r mission of this civil
penalty must he submitted to the Director of the Division of Water- K esourt<cs'w it€aiat thirty, (a;0) days of receipt of the notice
ofassessment. No new iden in sup art of"a remission rccl est � ill he allowed after t 30 days from the receipt of the
notice of assessment.
This the _ _ day o
TGN TT elf}=

.a,
FPV-
WaterResources
ENVIRONMENTAL QUALITY
October fit, 2016
i
Maryjane Kurlander, Owner
K B I LLB Kurt der og&-, Investments LLB
0 S Lk Aver Ste 719
2812 Plantation Rd, Concord, NC 28027
Permit NCO047091
Case Number LV- IIl -01 it
Cabarrus County
Dear Ms. rland r
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 the Director and you will 1
notified of the result,
If you have any questions about this matter, please nt c;t erne at 19) 807-6307 or via e-mail at
d .d rr rd( ncd rrr. rt .
Sincerely,
Derck Den rd, Environmental Specialist
Compliance Expedited Permitting Unit
Division of Water sour s, DEQ
cc: Enforcement File w/originals-
NPDES Program Files
Central tiles lnttuchnt nts
�Ms#e Rtoonel.w/atuehmvota
Dustin K. Metreyeon, 1000 " ##numt Drive, Monroe, NC 28110
Striate of North Carolina � Environmental Quality I Water Resources
1612 Mail Senice Coner � Raleigh, North Carolina 22f;99-1617
919-707-c(1C}l.

ppppr, ANFft
at*ft4j�
Oct
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kk
Case Number. LV-2016-0150 County. Cabaffus
Assessed Party. K B I LLC Kurlander Boggq Investments LLC
Permit No.: NCO047091 Amount Assessed: 15=
(a) "t Ot li dfil civil peofty Assessment 6ctors in N�CGS- 1410-U2. I(W wcm wrongN4 appkd to the
defrimetttof the petition"
x (W the violatm promptly ko*d continuing m4tonmeotal damage fesulting fibm the violation (i c. toi* the
0�0 Miat)vu !6416 r&!*O Me WbWidn qndpt*ventfiq*v owwtone0l-
x (0) ft Violaadvertent ot a mult of an Accident Octvh* 4APIAV VWWOH uW WWW"26k Or
sowthnVyou ooWnwpoillovem orprVwwj4?);
(4) the Ariolaixo had not been am�ted civil penalties fbT any *viobs violatiotislo I
(0 pqrept ofthe Ciii penarisl aefions �Ic, Ojo�
hawpowew 4('tk- c"Pehq4l� wMP*vcWYovftomPe�qg thd dc&� "emary to achieve
con*Uanco,
9XV

PPPFPP'
STATE CIF A
COUNTY OF U
TN THE MATTER OF ASSESSMENT WAIVER
OF CIVU, PENALTIES AGAINST I
}STIPULATION
e
Silver Maples "I
PERMIT NO. NCO0470,91 CASky-201§&150
Having civil penalties touding 115051for violation(s) as set forth in the assessment document of the Division
f Water Resources dated Amgu9J,2_M, the',undersigned, desiring to seek remission ofthe civil penalty, does hereby waive
the right to an adminiWative hearing in theabove-stated matter and does stipulate that the :facts tore as alleged in the
assessmentdocument. The undersignedr understands t all evidence s in support of remission of this civil
penalty must be submitted the Director of the Division of Water Resources within thirty (30) days of nxeipt of the notice
f assessment, No new evidence in support of a remission request will be allowed after n aye from the reccipt of the
noticef a s etat.
Ibis the day of , n
SIGNATURE
ADDRESS
,
(OPERATOR FOR SILVER MAPL�a_
INC
TELEPHONE
704.506.4255

From: [e-mail]
Sent Tuesday August 23, 2016 6-151 AEI
To: Scheller, Roberto
silverrnapies@tow rmgmt,cnrn; Debbie McKinney
Subject: Silver Maples WWTP Civil Penalties
Mr. Scheller,
1 have been asked by the owner of subject facility NPDES# NCO047091 to determine if a request for mitigation
or remission is appropriate regarding the following case numbers:
L `-2016- 1 6 January 2016
LV-2016-0150 December 2015
From a very brief review of log books ETC.-. 1 de see where heavy flows caused by rains that allowed Rock
River to fled onto the property some 50 yards contributed to flow and treatment violations, for both
instances, either by direct inflow or subsequent very low IVILSS concentrations from wash out. l etvw°ater did
follow protocol with the 24 hr. notification as well as the follow up with the S day Spill/Bypass report,
These violations are similar to violation(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.
.
1 will formulate a more official response, using the provided forms, in a day or two after 1 have had an
opportunity to look over the files more thoroughly,
Thank you for your cooperation
Sincerely;
Crusty Metreyeon
etvate'r, Inc.
7045064255
Sent from Windows s ail

DIVISION OF WkTER RESOURCES - CfVIL PENALTY
Violator: K II I LLC Kurlander_g2ggLinvestments LL
Facility Name: SilverMaples Communil @
Permit umber: NCO047091
County: Cabarrus
Case Number: LV-2016-0150
ASSESSMENT FACTORS
1 j 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
The duration and gravity of the violation!
The effect on ground or surface water quantity or quality or on air quality
N
4) The cost of rectifying the damaged x
5) The amount of money saved by noncompliance;
b} Whether the violation was 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., A review of 1 -months of compliance history
from December 2014 to November 2015 found the following violations:
1212014 - 2-Daily Max BOD - NOS'- 01 -L - 1 1
0112015 - Daily Max BOD, Monthly Average BOCK - LV-2 15-0199
0212015 - 2 Daily Max BOD, Monthly Average 1=lover - LV-2015-020
0 2515 2 Daily Max BOD, Monthly Average BOD, Daily Max T _ L "-2 15-0206
0412015 - 2 Daily Max Bra , Monthly Average BOD ---2015-LV-048
08/2015 - Daily Max Fecal Coliform - '-201 5-LV-0782
11122015 - Monthly Average Flow ®l-2515-LV-0125

41 1
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office is 100,53
Regional Office Clehcal Staff — one hour $15-00
Enforcement case preparation staff time — one hour $ 3313
Regional Office Supervisor review — one hour
Total: $100,53
F! r10 IF
tA D c W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ