NCS000440_Woodfin Remission Request_20220225

JUSTIFICATION FOR REMISSION REQUEST
DEMLR Case Number: PC-2022-0002 County: Buncombe
Assessed Party: Town of Woodfin
Permit No.: NCS000440 Amount Assessed: $13,095.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Reouest For Remission Waiver of'Right to an Administrative Hearing and Stipulation o
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. § 14313-282.1(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 14313-282 1(b)
were wrongfullyapplied 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 tools to correct the violation and prevent future
occurrences);
X- (e) 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 ifprevious 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):

Town of Woodfin
90 Elk Mountain Road
Woodfin, NC 28804
PH: [phone]
FX: [phone] February 25, 2022
Request for Remission of Civil Penalties - Explanation
The Town of Woodfin is requesting remission of civil penalties issued on January 31, 2022 by
the Department of Environmental Quality, Division of Energy, Mineral and Land Resources
(DEQ-DEMLR) for violations of MS4 Permit No: NCS000440 based on the factors listed on the
'Justification for Remission Request' form and provided below.
(c) The violation was inadvertent or a result of an accident
The Town of Woodfin received a Notice of Violation (NOV) from DEQ-DEMLR on September
17, 2019 as a result of a compliance audit completed on August 28, 2019. On October 14,
2019, DEQ-DEMLR received a response from former Town Administrator Jason Young with
requested documents and an explanation of the delay in response due to his "chemotherapy
schedule". One of the documents requested was a council resolution which was adopted on
October 15, 2019 and received by DEQ-DEMLR on October 28, 2019. The resolution was not
approved by DEQ-DEMLR because it contained some errors. A formal response was received
by DEQ-DEMLR from the former Town Administrator on November 26, 2019 acknowledging
the requirements of the September 17, 2019 NOV and the intent to comply. During this time,
Mr. Young was experiencing major health concerns. Over the next six months, his health
deteriorated and he passed away in March 2020.
The Town of Woodfin did not have any professional staff to follow up on the September 2019
NOV, including a Town Administrator, for several months during Mr. Young's sickness and
consequent passing. A request for additional information was provided by DEQ-DEMLR on
July 10, 2020, but the new Town Administrator began work on July 30, 2020. On August 4,
2020 a memo acknowledging the July 10, 2020 letter and providing a status update on the
required documentation requested was provided to DEQ-DEMLR).
In October 2020, the Town hired the first full-time Planning Director who immediately
received all the documentation and necessary information regarding the NOV and related
issues. While understanding the urgency of the stormwater permit concerns, several other
issues also had to be addressed. On December 4, 2020, the Planning Director sent an email to
Isaiah Reed at the DEQ Asheville Regional Office in an attempt to gather more information on
the requirements for compliance with the MS4 permit. Simultaneously, the Planning Director
made contact with the stormwater Administrator for Buncombe County to discuss required
documentation to satisfy post -construction requirements from DEQ-DEMLR since Buncombe
County enforces their stormwater ordinance within the corporate limits of the Town of
Woodfin and post -construction requirements are the responsibility of the Town of Woodfin.
The Buncombe County Stormwater Administrator also attempted to contact the Asheville
Regional office concerning the same issue via email. No response was received, so a second
email was sent on January 12, 2021. Page 1 of

After January 12, 2021, contact was made via telephone with the Isaiah Reed at the Asheville
Regional Office by the Planning Director and the Stormwater Administrator. Mr. Reed
explained that the Town of Woodfin needed to submit a Stormwater Management Plan and
answered questions pertaining to inspection requirements. The understanding from Mr. Reed
by the Planning Director was the submittal of a draft plan would halt additional violation notices
and give the new administrative staff time to work on the MS4 requirements and work toward
compliance. On February 11, 2021, the Planning Director submitted a draft Stormwater
Management Plan and immediately began discussion with Land of Sky Regional Council on
assistance with compliance of the DEQ-DEMLR MS4 requirements. Since February 11, 2021,
Town of Woodfin staff have been focused on creating a quality five-year stormwater
management plan and ensuring compliance with the MS4 permit requirements. The current
staff began work at the Town of Woodfin unaware of the urgent concerns regarding the
stormwater program. Since that time, much effort has been put into plans for the future of the
stormwater permitting and controls within the Town of Woodfin.
The Town of Woodfin is currently contracting with two consultant firms for assistance with the
stormwater program. Land of Sky Regional Council has been assisting Town staff with
amendments to the stormwater management plan as well as creating stormwater inventory
mapping for public viewing and staff use. The mapping data was possible through the 205j
grant awarded to Land of Sky Regional Council and is integral to completion of the stormwater
management plan. The project began in the first quarter of 2022, but due to COVID and staffing
issues, that project was delayed several months consequently delaying the final draft of the
stormwater plan. AnchorQEA is a second consultant the Town of Woodfin is currently working
with to update the stormwater ordinance and for development of a runoff control program.
These efforts are relevant to the long-term goal of managing post -construction stormwater
runoff in house, without require assistance from other agencies. In addition to these contracts,
the Town of Woodfin has budgeted over $1 million of the American Rescue Plan (ARP) funds
towards stormwater infrastructre improvements and plan to develop a prioritization list of
those needs based off the inventory mapping project.
An updated draft stormwater management plan was provided to DEQ-DEMLR on January 11,
2022. A new permit application was submitted the same day. The Town of Woodfin staff are
deeply committed to creating and managing the stormwater program and permit in the future
to meet or exceed the expectations of DEQ-DEMLR.
(d) the violator had not been assessed civil penalties for any previous violations
The Town of Woodfin has not been assessed civil penalties for any previous violations of MS4
Stormwater Permit compliance. The Town of Woodfin is committed to maintaining compliance
with any current or future regulations issued by the State of North Carolina or the
Environmental Protection Agency.
Attachments
1. 10/14/2019 Staff Letter to Asheville Regional Office
2. 8/4/2020 Staff Memo to Asheville Regional Office
3. 12/4/2020 Staff Email to Asheville Regional Office
4. 12/15/20 and 1/12/21 Buncombe County email to Asheville
Regional Office
5. 2/5/21 Email to Asheville Regional Office
Page 2 of 2

Georgoulias, Bethany
From: Jason Young <[e-mail]>
Sent: Tuesday, November 26, 2019 1:02 PM
To: Reed, Isaiah L
Subject: RE: [External] Response Letter to NOV-2019-PC-0638 DEQ Town of Woodfin
Attachments: signed version of DEQ response letter Oct 14, 2019.pdf
External email. Do not click links or nd all u Icro's'e 1 as -an a ac men co
Good Afternoon... sorry for the delay in getting this to you. I was out of Town last week for surgery and chemo and was
unable to print, sign and scan from my location... but attached please find the document. My apologies for the
confusion... as I noted in my last email, we are eager to cooperate with your office to get these matters fully addressed.
Thanks for your patience.
Jason
Jason Young
Town Administrator
Town of Woodfin
Woodfin Town Hal I
90 Elk Mountain Road
Woodfin, NC 28804
828.253.4887 ext. 1007 (Direct Line)
828.253.4700 (fax)
[e-mail] (email)
From: Reed, Isaiah L<[e-mail]>
Sent: Wednesday, November 20, 2019 11:17 AM
To: Jason Young <[e-mail]>
Subject: FW: [External] Response Letter to NOV-2019-PC-0638 DEQ Town of Woodfin
Mr. Young,
I apologize for the confusion. The attached letter is the one I need signed.
Thanks,
Isaiah
Isaiah C, [teen. CPSA%Q.11ti.fCEU. CEPSCI
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Laud Qaalih SP01011. As11eville IIeawso1 Oifirr
Phone, (92812-8 4614 Empi1_ Isa�ah reetl2NCOENR eav 2090 US Rwy 70 Swannanoa, Noah Caro lra 28778

Email correspondence to and frorn this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jason Young [m_ailto:[e-mail]]
Sent: Monday, October 14, 2019 1:04 PM
To: Reed, Isaiah L <isaiah.reed ncdenr. ov>
Cc: Michael Saunders <[e-mail]>
Subject: [External] Response Letter to NOV-2019-PC-0638 DEQ Town of Woodfin
E ernal email. Do not cock links or open attachments unless you verify. Send all suspicious email as an attachment to
r.
Please accept this email as the formal response from the Town of Woodfin as requested by your September 17, 2019
letter and Notice of Violation.
As noted in the enclosed letter, our Board is actually scheduled to Adopt a Council Resolution on the matter at their
regularly scheduled November meeting. When I scheduled this I didn't notice that it actually takes place 2 calendar days
after the 60-day deadline contained in your notice. If it is possible to get a 2-day extension that would be very helpful. If
it is not possible to get such an extension please let me know as soon as possible so I can attempt to arrange a special
call meeting of the Board.
Thank you for your assistance in this matter.
Yours truly,
Jason

Town of Woodfin
90 Elk Mountain Road
Woodfin, NC 28804
PH:[phone]
FX:[phone]
08/04/2020
Department of Environmental Quality
Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, North Carolina 28788
Dear Isaiah Reed:
In response to the Town of Woodfin's current Notice of Violation from the Department of
Environmental Quality dated July 10, 2020, we are sending a copy of our corrected
Stormwater Resolution as well as a copy of our Stormwater Ordinance adopted by the
Board of Commissioners.
We are also educating ourselves on the audit process. A copy of the Towns Self
Compliance Audit will be sent when completed.
Any requests in the future should be directed to Michael Saunders (Planner) at
wl,_i o d f i l lit .FoV
Thank You

Adrienne D. Isenhower
From: Adrienne D. Isenhower
Sent: Friday, December 4, 2020 3:51 PM
To: [e-mail]
Cc: Michael Saunders
Subject: Woodfin Stormwater Questions
Isaiah,
was hired as the Planning Director for Woodfin in October and have briefly reviewed the MS4 permit, the NOV and the
beginning stages of next steps. I noticed that the Town adopted a stormwater ordinance in April, but in my research and
discussion with Buncombe County, there is an agreement for the county to handle post -construction enforcement as
well as construction runoff controls. The NPDES permit for Woodfin clearly states the county will handle erosion and
sediment control, but there is no indication of that for post construction.
My questions (at this point) are:
1. Was the stormwater ordinance adopted by the Town as a response to the NOV based on a requirement from
DEW
a. If so, should we amend the agreement with Buncombe County?
b. If not, can we repeal the ordinance and continue partnering with the County for this service?
2. Is there a problem from the M54 perspective with Buncombe County enforcing these requirements for the
Town?
Also, I understand a SWMP needs to be adopted and the Town is in the process of beginning a stormwater inventory,
but are there any other items we should be focused on in response to the NOV?
Thanks,
Adrienne
Adrienne Isenhower
PLanning Director
90 Elk Mountain Rd
Woodfin, NC 28804
828.253.4887(office)
828.776.0967(cell)
1

Adrienne D. Isenhower
From: Victoria Hoyland <[e-mail]>
Sent: Tuesday, January 12, 2021 11:43 AM
To: Reed, Isaiah L
Cc: Adrienne D. Isenhower
Subject: RE: Example Agreements
Isaiah,
I just wanted to circle back on the questions below. If it would be helpful to set up a call orvideo meeting to discuss, just
let me know!
Thanks,
Victoria
Victoria Hoyland, PE
Buncombe County Planning
Stormwater Administrator
p. [phone]
46 Valley Street
Asheville, NC 28801
Respect. Honesty. Integrity. Collaboration. Equity.
From: Victoria Hoyland
Sent: Wednesday, December 16, 20209:33 AM
To: Reed, Isaiah L <[e-mail]>
Cc: Adrienne D. Isenhower <[e-mail]>
Subject: RE: Example Agreements
Isaiah,
Also, do we need to include the erosion and sediment control program in the agreement, or is that covered by default
since it is spelled out in their permit as such?
Thanks,
Victoria
Victoria Hoyland, PE
Buncombe County Planning
Stormwater Administrator
p, [phone]
46 Valley Street
Asheville, NC 28801
Respect. Honesty. Integrity. Collaboration. Equity.
1

From: Victoria Hoyland
Sent: Tuesday, December 15, 2020 3:47 PM
To: Reed, Isaiah L <isa![e-mail]>
Cc: Adrienne D. Isenhower <[e-mail]>
Subject: Example Agreements
Isaiah,
Thank you so much for discussing the County's stormwater program and the services we provide for the Town of
Woodfin. I have copied Adrienne Isenhower, the Town's Planning Director, on this email. We were wondering if you had
any example agreements that you've seen other municipalities have used to do what we are looking to do that we could
use as a based template to craft our own agreement. If you don't have the agreements, if you know which municipalities
have done it well, please let us know, and we will reach out to them to see if we can get copies of their agreements to
use as a template. Any insight you could provide would be greatly appreciated!
Thanks,
Victoria
Victoria Hoyland, PE
Buncombe County Planning
Stormwater Administrator
p. [phone]
46 Valley Street
Asheville, NC 28801
Respect. Honesty. Integrity. Collaboration, Equity.
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Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
This electronic communication may contain information that is confidential, privileged, proprietary, or otherwise legally
exempt from disclosure. Additionally, the unauthorized disclosure of juvenile, health, legally privileged, proprietary, or
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the sender to waive any privilege that may attach to this communication.

Adrienne D. Isenhower
From:
Sent:
To:
Subject:
Attachments:
Isaiah,
Adrienne D. Isenhower
Friday, February 5, 2021 10:23 AM
[e-mail]
Stormwater Management Plan
Woodfin SWMP.docx
We have a draft stormwater plan ready to send for review. I have attached plan. Do we need to have this adopted by
the Board of Commissioners prior to sending it to DEQ for review? Is there anything else I need to know at this
point? Thanks for your help!
Adrienne
Adrienne Isenhower
Planning Director
90 Elk Mountain Rd
Woodfin, NC 28804
828.253.4887(office)
828.776.0967(cell)

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVII, PENALTIES AGAINST
Town of Woodfin
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HE, AND
STIPULATION OF FACTS
CASE NO. PC-2022-0002
Having been assessed civil penalties totaling $13,095.00 for violation(s) as set forth in
the assessment document of the Director of the Division of Energy, Mineral, and Land Resources
dated January 31, 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 Energy, Mineral, and
Land 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 .a-5 day of N�cp.rCh 20 as
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ADDRESS ( OC )n q:4 y
TELEPHONE X k ( 0C:
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