NC0055336_compliance (remission decisions)_20230203

DocuSign Envelope ID: AB39A133-4933-4987-AC72-53203AAA2A89
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 3, 2023
CERTIFIED MAIL ITEM 7018 1830 0001 8036 7991 - RETURN RECEIPT REQUESTED
Mr. Alfred B.
Backcountry,
P.O. Box 919
Brevard, NC
Thompson
Inc.
28712-0919
SUBJECT: CIVIL PENALTY REMISSION REQUESTS
Camp Carolina WWTP
Permit NC0055336
Case LV-2022-0309
Case LV-2022-0310
Transylvania County
Dear Permittee:
I have considered the information submitted by your consultant (Donald G. Byers) in
support of a request for remission in the subject cases. I have found no cause to remit the
assessed penalty in either case. Your firm is responsible for the existing penalties and
enforcement costs, which total $1,274.64.
If you choose to pay the penalties, send payment to the letterhead address within thirty
(30) days of receipt of this letter. Please make the check[s] payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance
with NCGS § 143-215.6A (f), your requests for remission of the civil penalties (with
supporting documents) and my recommendation regarding the requests 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 either request for
remission meets one or more of the five statutory factors you were asked to address, you
must complete and return the attached forms within thirty (30) days of receipt of this
letter. Please mail the completed forms to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
D_E
NOH I H C-.M1,A
oeparlmant of Envlronmonlal quality
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: AB39A133-4933-4987-AC72-53203AAA2A89
NC0055336 Remission Decision
Page 2 of 4
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
requests 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 Mr. Weaver at [e-mail].
Sincerely,
r—DocuSigned by:
— 8328 B44CE9 EB4A1...
for Richard E. Rogers, Jr.
Director, Division of Water Resources
cc: Donald G. Byers / Byers Environmental (P.O. Box 729, Pisgah Forest, NC 28767-0729)

DocuSign Envelope ID: AB39A133-4933-4987-AC72-53203AAA2A89
NC0055336 Remission Decision
Page 3 of 4
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF TRANSYLVANIA DWQ Case Number LV-2022-0309
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Backcountry, Inc. / Camp Carolina
)
)
)
REQUEST FOR ORAL PRESENTATION
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.)
MAILING ADDRESS
eMail TELEPHONE ( )

DocuSign Envelope ID: AB39A133-4933-4987-AC72-53203AAA2A89
NC0055336 Remission Decision
Page 4 of 4
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF TRANSYLVANIA DWQ Case Number LV-2022-0310
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Backcountry, Inc. / Camp Carolina
)
)
)
REQUEST FOR ORAL PRESENTATION
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.)
MAILING ADDRESS
eMail TELEPHONE ( )

DocuSign Envelope ID: AB39A133-4933-4987-AC72-53203AAA2A89
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2022-0309 Region: Asheville County: Transylvania
Assessed Entity: Camp Carolina WWTP Permit: NC0055336
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:
DWR Response:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
DWR Response:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
▪ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: The facility owner plans to rehabilitate the sand filter, which will have a material
cost of ca. $29,000. They ask that the penalties be waived so that all money can be spent on facility
rehab.
DWR Response: The cost of the penalty will not prevent replacement of the sand filter.
DECISION (Check One)
Request Denied �
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $400.00 (enter amount)
Partial Remission❑ 0% or $0.00 (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
/—DocuSigned by:
`-8328B44CE9EB4A1..
$400.00
$137.32
$537.32
2/7/2023
Richard E. Rogers, Jr. Date

DocuSign Envelope ID: AB39A133-4933-4987-AC72-53203AAA2A89
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2022-0310 Region: Asheville County: Transylvania
Assessed Entity: Camp Carolina WWTP Permit: NC0055336
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:
DWR Response:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
DWR Response:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
▪ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: The facility owner plans to rehabilitate the sand filter, which will have a material
cost of ca. $29,000. They ask that the penalties be waived so that all money can be spent on facility
rehab.
DWR Response: The cost of the penalty will not prevent replacement of the sand filter.
DECISION (Check One)
Request Denied �
Full Remission ❑ Retain Enforcement Costs? Yes El No ❑
Original Penalty (without Enforcement Costs) $600.00 (enter amount)
Partial Remission❑
0% or $0.00 (amount remitted)
Subtotal $600.00
Retaining Enforcement Costs $137.32
$737.32
2/7/2023
Total Revised Assessment
EocuSigned by:
D
8328B44CE9EB4A1...
Richard E. Rogers, Jr. Date