NC0067326_Remission Request (LV-2022-0146)_20220701

6/27/2022
SUBJECT: RE: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY RECEIVED
v ED
CASE NUMBER: LV-2022-0146 JUL 0 1 2022
Permit No. NC0067326
Whistle Stop WWTP NCDEQ/DWR/NPDES
Macon County
To Whom It May Concern:
Option 2: Request for Remission of Fine
Please remit the fee for the above violation of BOD for the following reasons:
We promptly abated continuing environmental damage resulting from the violation. Our contract
operators for Earth Environmental Services and Whistle Stop staff took immediate action to lessen the
effects of the load of grease that had been dumped into the plant. BOD analyses in May and June of
2022 were significantly lowered after having the plant pumped and reconditioning of the sand filter bed.
The following BOD's were in compliance after the occurrence of the violation:
4/26/22 20.4 mg/L
5/3/22 13.1 mg/L
5/17/22 6.2 mg/L
6/7/22 2.4 mg/L
6/21/22 7.4 mg/L
The violation was inadvertent. The violation was caused as a result from dumping of toxic/greasy
contaminants by the RV-park above the Whistle-Stop antique shop. RV-park renters have been notified
that they are not to be releasing these types of waste into the treatment system.
Thank you for your consideration in this matter.
1//a/Ck (/.
Mark Bentley
Earth Environmental Services
For James A Vanderwoude
Owner: Country Bear LLC
145 River Rd
Franklin, NC 28734

DocuSign Envelope ID.5FF199E3-DDB5-48F9-AE26-7A8OAC7CFE74
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Country Bear LLC )
Whistle Stop WWTP )
)
PERMIT NO.NC0067326 ) CASE NO. LV-2022-0146
Having been assessed civil penalties totaling$413.78 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated June 15,2022,the undersigned,desiring to seek remission of the civil penalty,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)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment. {�
This the 090 day of \ pL
Co -(._
Staled C County of ill IGNATURE
The foregoing instrument was acknowledged before me DRESS
this ' )day of
by ANO") d k
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IJ�4 Notary Public
My Comm' n Expires 0 6 ' 0'7 - A 03-S v ',(/, i v L ? 71 y
NOTARY
PUBLIC TELEPHONE
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RECEIVED
o i 2022
NCDEQIDV'IRINPDES

DocuSign Envelope ID:5FF199E3-DDB5-48F9-AE26-7A8OAC7CFE74
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0146 County: Macon
Assessed Party: Country Bear LLC
Permit No.: NC0067326 Amount Assessed: $413.78
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
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 apply. 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);
1/ (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;
(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: