NC0035173_Remissions Request Decision Letter TX-2022-0008_20220804

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
919.743.8400

August 4, 2022

CERTIFIED MAIL # 7007 1490 0004 5533 8411
RETURN RECEIPT REQUESTED

Ivan D. Stefano
Wieland Copper Products LLC
3390 US 311 Hwy N.
Pine Hall, NC 27042

SUBJECT: CIVIL PENALTY REMISSION REQUEST DECISION
Wieland Copper Products, LLC
Permit NC0035173/003
Case TX-2022-0008
Stokes County

Dear Mr. Stefano:

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 decided to
modify the initial civil penalty assessment of $3,073.88 ($3,000.00 civil penalty plus $73.88
enforcement) to the total amount of $73.88 ($0.00 civil penalty plus $73.88 enforcement).

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:

DocuSign Envelope ID: 996EEC13-666E-4D26-8044-130DDFB99E44

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
919.743.8400

NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617

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 John Hennessy at [e-mail].

Sincerely,

for Richard E. Rogers, Jr.
Director, Division of Water Resources

Attachment
cc: Tony Sprinkle, Facility S&E Supervisor (via email: [e-mail])
Clifford Cain, ORC (via email: [e-mail])
Jenny Graznak, WSRO (via email: [e-mail])
John Hennessy, DWR (via email: [e-mail])
Joe Corporon, DWR ([e-mail])
Cindy Moore, ATB (via email: [e-mail])
Zach Thomas, ATB (via email: [e-mail])
ATB Enforcement File & Laserfiche

DocuSign Envelope ID: 996EEC13-666E-4D26-8044-130DDFB99E44

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
919.743.8400

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF STOKES DWR CASE NUMBER: TX-2022-0008
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: REQUEST FOR ORAL PRESENTATION
Wieland Copper Products, LLC

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 ( )

DocuSign Envelope ID: 996EEC13-666E-4D26-8044-130DDFB99E44