NC0077135_MV-2022-0011 Perrmittee's Justicifcation for Remission Request 24Jun2022_20220616

Hidden Valley HOA
707 N. English Street
Greensboro, NC 27405
336-379-9155
[e-mail]
June 16, 2022
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699
Re Case Number: MV-2022-0011
To Whom It May Concern,
N ;
I
When we received our initial notice of violation for January, we immediately notified our
technician at the time, Smith Industries; he promptly investigated this matter and stated that the
missing data for these samples were uploaded to our report, and the situation had been rectified.
Upon receiving your notification of fine we again contacted Mr. Smith at Smith industries who
assured us the data for the appropriate samples has been provided. We respectfully request that this
fine be waived as the relevant data was provided by Smith Industries and as we operated this site for
quite some time without incident. If you have any questions or concerns, please contact us at the
number above.
Sincerely,
Hidden Valley HOA
Fred D. Curl
President
.i;

JUSTIFICATION FOR (REMISSION REQUEST
Case Number: MV-2022-0011
Assessed Party: Curl Modular Homes
Permit No.: NC0077135
1017 ,1UP1 2E4 01 IC: 06
County: Rockingham
Amount Assessed: $305.07
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);
(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:
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