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Home My WebLink AboutNC0060283_Compliance (TX-2022-0001 Remissions Decision Letter)_20220425DocuSign Envelope ID: D5FCF8D4-3057-4FC8-A5E7-FDCCE38C5E14 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 25, 2022 CERTIFIED MAIL # 7007 1490 0004 5533 8060 RETURN RECEIPT REQUESTED Joel K. Brown Ridgeview NC MHC, LLC 31200 Northwestern Hwy Farmington Hills, MI 48334 SUBJECT: CIVIL PENALTY REMISSION REQUEST Ridgeview NC MHC, LLC Permit NC0060283 Case TX-2022-0001 Buncome County Dear Mr. Brown: The Division has considered the information submitted in support of your request for remission in the subject cases. In accordance with NCGS 143-215.6A(f), the Division has found no cause to remit the original civil penalty assessment of $3,073.88. If you choose to pay the penalty, send check payable to NC DEQ within thirty (30) days of receipt of this letter to: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS § 143-215.6A (f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. 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 were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to: NORTH CAROLINADEQ N oep.m.m orEMr nment oN.i� North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab 4401 Reedy Creek Road I 1621 Mail Service Center I Raleigh, North Carolina 27699-1621 919.743.8400 DocuSign Envelope ID: D5FCF8D4-3057-4FC8-A5E7-FDCCE38C5E14 Mr. Zach Thomas NC DEQ / DWR / WSS 1621 Mail Service Center Raleigh, NC 27699-1621 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Zach Thomas at (919) 743-8439 or zachary.thomas@ncdenr.gov. Sincerely, -DocuSigned by: Moonu "- 676E9F78241 C4B5... for Richard E. Rogers, Jr. Director, Division of Water Resources Attachment cc: Richard Marengere, Ut. Manager (via email: rmarengere@u,rhp.com) Daniel Jones, ORC (via email: biteagles27@gmail.com) Landon Davidson, ARO (via email: landon.davidson@ncdenr.gov) Daniel Boss, ARO (via email: daniel.boss@,ncdenr.gov) Charles Weaver, DWR (charles.weaver@ncdenr.gov) ATB Enforcement File & Laserfiche D_E NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab 4401 Reedy Creek Road I 1621 Mail Service Center I Raleigh, North Carolina 27699-1621 919.743.8400 DocuSign Envelope ID: D5FCF8D4-3057-4FC8-A5E7-FDCCE38C5E14 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Ridgeview NC MHC, LLC DWR CASE NUMBER: TX-2022-0001 REQUEST FOR ORAL PRESENTATION 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 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 ( D_E NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab 4401 Reedy Creek Road I 1621 Mail Service Center I Raleigh, North Carolina 27699-1621 919.743.8400 (5)