NC0044253_Remission Decision (MV-2023-0004)_20230419

DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-8llC810F9E2E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
4/19/2023
CERTIFIED MAIL 7019 1120 00014877 6017
RETURN RECEIPT REQUESTED
North Carolina Lions Foundation Inc
ATTN: Carlton Metts
PO Box 39
Sherrills Ford, NC 28673
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Camp Dogwood WWTP
Catawba County
PERMIT NO: NCO044253
CASE NO: MV-2023-0004
Dear Permittee:
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 found no cause to remit the
original civil penalty assessment of $600.03.
If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days of receipt
of this letter. Please make the check payable to Department of Environmental Quality.
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:
Siying Chen
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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH C of Envi A 919.707.9000
DapaMmem of EnWmnmemal Dual

DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-811C810F9E2E
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
Siying Chen at 919-707-3619 or via e-mail at [e-mail].
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
Richard E. Rogers, Jr.
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
ec: Laserfiche
NCDEQ Mooresville Regional Office
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Depdme of EnW A 919.707.9000
Deparimem M EnWronmamal Duali�

DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-811C810F9E2E
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: MV-2023-0004 Region: Mooresville County: Catawba
Assessed Entity: North Carolina Lions Foundation Inc. Permit: NCO044253
❑ (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: Routine monitoring resumed the following week, and no further samples have been
missed since this occurrence. To prevent any future recurrences of this error, sample schedules have
been distributed to all operations staff to adhere to moving forward.
DWR Response: Although all effluent monitoring was correctly performed for the remainder of the
month, an entire week was missed with no effluent monitoring. Eight monitoring violations for this
week occurred due to this miscommunication.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The facility was assessed for monitoring frequency violation for BOD5, TRC, Fecal
Coliform, Flow, pH, TSS, and Temperature in September 2022. On September lst, 2022, the facility
was in the process of transferring operational duties of the WWTP to a new operations team. A
transitional error occurred that resulted in a miscommunication between the new operations staff and
the previous ORC, resulting in routine (once -weekly) samples (BOD, TSS, Fecal Coliform,
Temperature, Total Residual Chlorine [required twice weekly], Flow, and pH) being inadvertently
missed.
DWR Response: The effluent monitoring violations appear to be an accident due to a
miscommunication error that had occurred during the transfer of operational duties to a new contract
operations company.
❑ (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:
DWR Response:

DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-811C810F9E2E
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $ 417.00 (enter amount)
Partial Remission ❑ % or $ (amount remitted)
Subtotal $ 417.00
Retaining Enforcement Costs $ 183.03
Total Revised Assessment $ 600.03
Docu�+Signed by:
C
4/19/2023
8328B44CE9EB4A1...
.for Richard E. Rogers, Jr. Date
Director, Division of Water Resources

DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-811C810F9E2E
NCO044253 Remission Decision
STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
NORTH CAROLINA LIONS FOUNDATION INC.
ENVIRONMENTAL MANAGEMENT COMMISSION
DWR Case Number MV-2023-0004
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
ADDRESS
TITLE (President, Owner, etc.)
TELEPHONE