NC0059200_Remission (Decision)_20230307

DocuSign Envelope ID: 74DDA9CC-D43B-43AA-A89F-A348C3221EAE
STATE o,
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
March 7, 2023
CERTIFIED MAIL ITEM 7018 1830 0001 8036 8059 - RETURN RECEIPT REQUESTED
Ms. Julie Babcock
Trillium Links & Village, LLC
P.O. Box 2644
Cashiers, NC 28717-2644
SUBJECT: CIVIL PENALTY REMISSION REQUESTS
Trillium Links & Village WWTP
Permit NCO059200
Case LV-2022-0331
Case LV-2022-0332
Case LV-2022-0337
Jackson County
Dear Permittee:
I have considered the information submitted by your authorized representative (Robert
Barr / RPB Systems) in support of your requests for penalty remission in the subject cases.
The fact that your facility ordered the filter membranes prior to the onset of compliance
problems and the delay in getting the membranes due to COVID-related supply chain
issues was noted. Therefore, in accordance with NCGS 143-215.6A (f), the civil penalties
will be reduced as follows:
➢ Case LV-2022-0331 by 50%, or $1,400.00.
➢ Case LV-2022-0332 by 50%, or $2,125.00.
➢ Case LV-2022-0337 by 50%, or $1,125.00
Your firm is responsible for the remaining penalties and enforcement costs, which total
$5,012.58.
If you choose to pay the penalties, send payment[s] 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 (0, 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 your requests for
remission meets one or more of the five statutory factors you were asked to address, you
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
NOHIH cAHOUNA
O.p.—I mQ�. ly 919.707.9000

DocuSign Envelope ID: 74DDA9CC-D43B-43AA-A89F-A348C3221EAE
NCO059200 Remission Decision
Page 2 of 5
must complete and return the attached forms within thirty (30) days of receipt of this
letter. Please mail the completed form to:
Mr. Charles H. Weaver
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
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,
DocuSigned by:
C �ry
8328B44CE9EB4A1...
for Richard E. Rogers, Jr.
Director, Division of Water Resources
ec: NPDES file (Laserfiche)

DocuSign Envelope ID: 74DDA9CC-D43B-43AA-A89F-A348C3221EAE
NCO059200 Remission Decision
Page 3 of 5
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Jackson DWQ Case Number LV-2022-0331
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Trillium Links & Village, 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
SIGNATURE
MAILING ADDRESS
eMail
day of 120.
TELEPHONE
TITLE (President, Owner, etc.)

DocuSign Envelope ID: 74DDA9CC-D43B-43AA-A89F-A348C3221EAE
NCO059200 Remission Decision
Page 4 of 5
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Jackson DWQ Case Number LV-2022-0332
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Trillium Links & Village, 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
SIGNATURE
MAILING ADDRESS
eMail
day of 120.
TELEPHONE
TITLE (President, Owner, etc.)

DocuSign Envelope ID: 74DDA9CC-D43B-43AA-A89F-A348C3221EAE
NCO059200 Remission Decision
Page 5 of 5
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Jackson DWQ Case Number LV-2022-0337
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Trillium Links & Village, 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
SIGNATURE
MAILING ADDRESS
eMail
day of 120.
TELEPHONE
TITLE (President, Owner, etc.)

DocuSign Envelope ID: 74DDA9CC-D43B-43AA-A89F-A348C3221EAE
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2022-0331 Region: Asheville County: Jackson
Assessed Entity: Trillium Links & Village WWTP Permit: NCO059200
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
M (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Facility staff replaced filter membranes after long delay in getting membranes from
the vendor. Material costs were >$71,000.
DWR Response: ARO staff agree that the membrane replacements were ordered in a timely manner.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The permittee does not know how the membranes became torn.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
M (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: Due to the high cost of membrane replacement, the permittee wishes to spend all
funds on the facility.
DWR Response: ARO staff recommend 50% remission due to the delay in receiving new membranes
from the vendor (COVID supply chain issues).
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$2,800.00 (enter amount)
50% or $1,400.00 (amount remitted)
EDocuSigned by:
B4A1...
$1,400.00
$120.86
$1,520.86
3/8/2023
Richard E. Rogers, Jr. Date

DocuSign Envelope ID: 74DDA9CC-D43B-43AA-A89F-A348C3221EAE
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2022-0332 Region: Asheville County: Jackson
Assessed Entity: Trillium Links & Village WWTP Permit: NCO059200
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
M (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Facility staff replaced filter membranes after long delay in getting membranes from
the vendor. Material costs were >$71,000.
DWR Response: ARO staff agree that the membrane replacements were ordered in a timely manner.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The permittee does not know how the membranes became torn.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: Due to the high cost of membrane replacement, the permittee wishes to spend all
funds on the facility.
DWR Response: ARO staff recommend 50% remission due to the delay in receiving new membranes
from the vendor (COVID supply chain issues).
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$4,250.00 (enter amount)
50% or $2,125.00 (amount remitted)
$2,125.00
$120.86
$2,245.86
DocuSigned by:
3/8/2023
8328B44CE9EB4A1...
Richard E. Rogers, Jr. Date

DocuSign Envelope ID: 74DDA9CC-D43B-43AA-A89F-A348C3221EAE
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2022-0337 Region: Asheville County: Jackson
Assessed Entity: Trillium Links & Village WWTP Permit: NCO059200
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
M (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Facility staff replaced filter membranes after long delay in getting membranes from
the vendor. Material costs were >$71,000.
DWR Response: ARO staff agree that the membrane replacements were ordered in a timely manner.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The permittee does not know how the membranes became torn.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: Due to the high cost of membrane replacement, the permittee wishes to spend all
funds on the facility.
DWR Response: ARO staff recommend 50% remission due to the delay in receiving new
membranes from the vendor (COVID supply chain issues).
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission
Subtotal
Retaining Enforcement Costs
$2,250.00 (enter amount)
50% or $1,125.00 (amount remitted)
Total Revised Assessment
EDoc
uSigned by:
8B44CE9EB4A1...
$1,125.00
$120.86
$1,245.86
3/8/2023
Richard E. Rogers, Jr. Date