WQ0002857_Civil Penalty Assessment_20221013

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
7020 3160 0002 0860 9208
Return Receipt Requested
Donna M Moore
Chapel Road Properties LLC
430 NC 49 South
Asheboro, NC 27205
NORTH CAROLINA
Environmental Quality
October 13, 2022
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non -discharge Permit No. WQ0002857
Chapel Road Properties LLC
Piedmont Custom Meats WWTF
Case No. DV-2022-0105
Caswell County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $841.87 ($750.00
civil penalty + $91.87 enforcement costs) against Chapel Road Properties LLC.
This assessment is based upon the following facts: a review has been conducted of the 5-day Report
submitted by Chapel Road Properties LLC as required for the bypass that occurred on April 11, 2022. This
review has shown the subject facility to be in violation of the requirements found in Permit No.
WQ0002857. The violations that occurred are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Chapel Road Properties LLC violated the
terms, conditions or requirements of Non -discharge Permit No. WQ0002857 in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil
penalty may be assessed against any person who violates the terms, conditions or requirements of a permit
required by G.S. 143-215.1(a).
NOFS�i�f:oNULI D � ���
o�.�.�rtmam�amr o�.i\
North Carolina Department oP Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
335.776.9800

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources, I, Lon T. Snider, Regional Supervisor, Winston-Salem Regional Office hereby make the
following civil penalty assessment against Chapel Road Properties:
$750.00 For 1 of the 1 violations of Permit No. WQ0002857 for unauthorized bypass
resulting in a discharge to surface waters.
750.00 TOTAL CIVIL PENALTY
91.87 Enforcement Costs
841.87 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Non -Discharge Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for
such request:
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. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of Water Resources will review your evidence and inform you of his decision
in the matter of your remission request. The response will provide details regarding the case status,
directions for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of your
request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request."
Both forms should be submitted to the following address:
Non -Discharge Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile
(fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy
and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional
penalties may be assessed for violations that occur after the review period of this assessment.

If you have any questions, please contact the Water Resources staff of the Winston-Salem Regional Office
at 336-776-9800.
Sincerely,
DocuSiiggned by:
�Ar l . 5-Altr
1 _"49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ — WSRO
Attachments
cc: Caswell County Environmental Health
Alys Hannum — DWR CO, ND Permitting & Compliance Unit
DWR WQ Central Office — Permit File WQ0002857
WSRO Files

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
111vally-MIUM
Chapel Road Properties LLC
WQ0002857
County: Caswell
Amount Assessed:.$ 841.87
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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF CASWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Chapel Road Properties LLC )
Piedmont Custom Meats WWTF 1
PERMIT NO. WQ0002857 ) CASE NO. DV-2022-0105
Having been assessed civil penalties totaling $841.87 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated, 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 day of , 20
I_11: Xy
TELEPHONE
SIGNATURE

ATTACHMENT A
Chapel Road Properties LLC
CASE NUMBER: DV-2022-0105
PERMIT: WQ0002857 REGION: Winston-Salem
FACILITY: Piedmont Custom Meats WWTF COUNTY: Caswell
Other Violations
INCIDENT VIOLAITON VIOLATION TYPE VIOLATION DESCRIPTION TOTAL VOLUME PENALTY
NUMBER DATE (GALLONS) AMOUNT
202200595 4/11/2022 Unauthorized Bypass of Bypass from irrigation pump 3,000 $750.00
Treatment Facilities