20180765 Ver 5_WP-2022-0001 Assessment Letter_20220225

DocuSign Envelope ID: FE6C59F2-286B-4D16-B47F-570EFE05E75C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 25, 2022
CERTIFIED MAIL RETURN RECEIPT REQUESTED CERTIFIED MAIL RETURN RECEIPT REQUESTED
7003 2260 0005 5380 7255 7016 2140 0000 4371 0646
Daniel Communities, LLC
National Registered Agents, Inc.
160 Mine Lake Court, Suite 200
Raleigh, NC 27615
Daniel Communities, LLC
Managing Members
3115 Timberlake Road, Suite 100
Vestavia, AL 35243
SUBJECT: Assessment of Civil Penalties
High Hampton Redevelopment Project
401 WQC004212
Jackson County
Case No. WP-2022-0001
Dear Daniel Communities, LLC:
This letter transmits notice of a civil penalty assessed against Daniel Communities, LLC in the amount of
$15,343.38, which includes $343.38 in investigative costs. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality (DEQ) and the Director of the Division of Water Resources (DWR).
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition with the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of
these documents will result in this matter being referred to the Attorney General's Office with a request
to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1— Submit payment of the penalty:
Payment should be made to the order of the Department of Environmental Quality (DEQ). Please include
the Case No. WP-2022-0001 on your check or money order. Payment of the penalty will not foreclose
D_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: FE6C59F2-286B-4D16-B47F-570EFE05E75C
DWR Case # WP-2022-0001
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further enforcement action for any continuing or new violation(s). Payment must be sent within 30
calendar days of receipt of this notice to the following:
If sending via US Postal Service
Paul Wojoski
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Option 2 — File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of the
statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not be processed without a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute.
You must execute and return to this office the attached "Waiver of Right to an
Administrative Hearing and Stipulation of Facts" and the attached "Justification for
Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(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.
For this option you must file your request for remission of civil penalties within thirty (30)
calendar days of receipt of this notice. Submit this information to the following:
If sending via US Postal Service
Paul Wojoski
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Option 3 — File a written petition with the Office of Administrative Hearings:
This decision can be contested as provided in General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (OAH) within thirty (30)
calendar days of your receipt of this notice.

DocuSign Envelope ID: FE6C59F2-286B-4D16-B47F-570EFE05E75C
DWR Case # WP-2022-0001
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A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:OOpm, excluding official state
holidays). The petition may be faxed to the OAH at [phone], provided the original and one
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
If sending via U.S. Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to the Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality (DEQ)
1601 Mail Service Center
Raleigh, NC 27699-1601
The violations addressed by this assessment and corresponding Notices of Violation and any impacts to
waters must be abated and properly resolved. You are encouraged to contact Andrew Moore with the
DWR Asheville Regional Office at 828-296-4500 if you need assistance in achieving compliance at the
site. Please be advised that additional assessments may be levied for future, continuing, or other
violations beyond the scope of this specific assessment.
If you have any questions, please see the following website: https://deq.nc.gov/about/divisions/water-
resources/water-resources-enforcement or contact Shelton Sullivan at [phone] or
[e-mail], or Paul Wojoski at [phone].
Sincerely,
DocuSigned by:
s)tfr Poui+
8FB19B649DD2478...
Jeffrey O. Poupart
Division of Water Resources
ATTACHMENTS
cc: Landon Davidson/Andrew Moore - Asheville Regional Office
401 & Buffer Permitting Branch- File Copy
Jackson County Planning Department

DocuSign Envelope ID: FE6C59F2-286B-4D16-B47F-570EFE05E75C
DWR Case # WP-2022-0001
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JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: WP-2022-0001
Assessed Party: Daniel Communities, LLC
Permit No. (if applicable): 401 WQC004212
County: Jackson
Amount Assessed: $15,343.38
Please use this form when requesting remission of this civil penalty. You must also complete the "Waiver
of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil
penalty. You should attach any documents that you believe support your request and are necessary for
the Director to consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below as they may relate to the
reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors applies.
Please check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors 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 and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations (i.e., explain
if previous violations have resulted in you being assessed civil penalties);
(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 (attach additional pages as necessary):

DocuSign Envelope ID: FE6C59F2-286B-4D16-B47F-570EFE05E75C
DWR Case # WP-2022-0001
Page 5 of 5
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF JACKSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Daniel Communities, LLC
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. WP-2022-0001
Having been assessed civil penalties totaling $15,343.38 for violation(s) as set forth in the assessment
document of the Director of the Division of Water Resources dated February 25, 2022, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) calendar
days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be
allowed after thirty (30) calendar days from the receipt of the civil penalty assessment.
This, the day of , 20
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE

DocuSign Envelope ID: FE6C59F2-286B-4D16-B47F-570EFE05E75C