NC0044423_LV-2022-0054 Remission (Decision)_20220414

ROY COOPER
Governor
ELIZABETH BISER
Secretary
RICHARD E. ROGERS, JR
Director
NORTH CAROLINA
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April 14, 2022
CERTIFIED MAIL #9590 9402 3951 8060 0170 48
RETURN RECEIPT REQUESTED
Daniel Gryder, Assistant Director of Facilitiy Operations
Appalachian State University
265 Dale Street
Boone, North Carolina 28608
SUBJECT: Partial Remission of Civil Penalties
Civil Penalties for Case Number LV-2021-0054
Appalachian State University WTP, WPCS Grade PC-1
NPDES Permit NC0044423
Watauga County
Mr. Gryder:
The Division of Water Resources (DWR or the Division) has considered your information submitted in support of
Appalachian State Universities' (ASU's) request to remit civil penalties in the subject case. The Director has
granted partial remission.
In accordance with NCGS 143-215.6A(f), the Division has modified the initial civil penalty of $884.01 ($781.25
civil penalty plus $102.76 enforcement costs) by granting 50% remission but retaining costs. Therefore, your
outstanding balance of $483.38 is now due and payable (see attached Remissions Summary). Two options are
available to you:
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 payment, within thirty (30) calendar days of receiving this letter, to:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Your payment must be submitted within thirty (30) days of this letter in accordance with NCGS § 143-215.6A (f).
If not received, your request for penalty remission (with its supporting documents), together with DWR's
recommendations, will be delivered to the North Carolina Environmental Management Commission's (EMC's)
Committee on Civil Penalty Remissions (the Committee) for final agency decision.
OR
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 — 919.707.3616

2) If you desire to make an oral presentation to the Committee on why your request for remission meets one
or more of the five statutory factors you addressed, you must complete and return the enclosed form
within thirty (30) days of receipt of this letter. Please mail completed form to:
Attention: Bob Sledge
NC DEQ / DWR / NPDES / Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and supporting documents will be reviewed by the EMC Chairman and, if it
is determined that there is a compelling reason to require an oral presentation by you, the Commission will notify
you by certified mail of the date, time, and place for your oral presentation. Otherwise, the final decision on your
request for remission will be made by the Committee based on the written record.
Thank you for your continued cooperation in this matter. If you have questions about this transmittal, please
contact me at [[e-mail]].
Sincerely,
Joe R. ' orporon, ' .G.
Com liance any Expedit-d Permitting Unit
Enclosed: Form - Request for Oral Presentation
Attached: Remission Summary — signed review and decision, Case Number LV-2021-0054
ec: Laserfiche - Enforcement File Case Number LV-2021-0054
Winston-Salem Regional Office (WSRO), Attn. Jenny Graznak, Lon Snider
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STATE OF NORTH CAROLINA
COUNTY OF WATAUGA
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
ENVIRONMENTAL MANAGEMENT COMMISSION
) DEQ Case Number LV-2021-0054
REQUEST FOR ORAL PRESENTATION
Appalachian State University WTP )
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.
• My presentation will be limited to discussion of issues and information submitted
in my original remission request, 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 is limited to lawyers who are active
members of the bar. 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 www.ncbar.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 Opinion on
the unauthorized practice of law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee, 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 violation of the State Bar occurs.
This the
day of , 20
SIGNATURE TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE ( )
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