NC0062278_LV-2023-0092_20231108

ROY COOPER
Governor
ELIZABETH BISER
Secretary
RICHARD E. ROGERS, JR
Director
NORTH CAROLINA
Environmental Quality
November 9, 2023
CERTIFIED MAIL # 7019-1120-0001-4877-5485
RETURN RECEIPT REQUESTED
Adam Minnick, Owner
Stonetown Berkley Oaks LLC
720 South Colorado Boulevard, Suite H 50-N
Glendale, Colorado 80246
Subject: Your Request to Remit Civil Penalties
for Case # LV-2023-0092
NPDES Permit NCO062278
Berkley Oaks WWTP, WPCS Grade WW-2
Gaston County
Mr. Minnick:
The Division of Water Resources (DWR or the Division) has considered your information submitted in support of
your request to remit civil penalties in the subject case. In accordance with NCGS 143-215.6A(f), the Division
has granted partial remission of 20% (excluding enforcement costs), i.e., the initial penalties, totaling $337.03
[$154.00 civil penalties plus $183.03 Enforcement Costs], have been reduced.
It follows that your outstanding balance [$154.00 - $30.80 = $124.00 plus $183.03] = $307.30 is now due and
payable. If you choose to pay this reduced penalty, send payment to the address below within thirty (30) days of
receiving this letter. However, two (2) response options are available to you:
1) You may pay this balance. If you decide to remit the balance, please make your check payable
to the Department of Environmental Quality (DEQ). Send payment to:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note: If your payment is not received within thirty (30) days of this letter, your request for
penalty remission, and all supporting documents (together with DWR's recommendations),
will be delivered to the North Carolina Environmental Management Commission's (EMC's)
Committee on Civil Penalty Remissions (the Committee) for final agency decision.
OR you may...
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 - 919.707.3616

2) Request to make an oral presentation to the EMC Committee explaining why your request for
remission meets one or more of the five statutory factors you previously addressed. If you so
desire, you must complete and return the enclosed Request for Oral Presentation form within
thirty (30) days of receiving this letter.
Please mail completed form [attached] to:
Attention: Bob Sledge
NCDEQ / DWR / NPDES / Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and its supporting documents will be reviewed by the EMC Chairman and, if
it is determined that there is a compelling reason to require your oral presentation, the Commission will notify you
by certified mail of a date, time, and place to present. Otherwise, the final decision on your request for remission
will be made by the Committee based on the written record.
Thank you for your continued cooperation in this matter. If you have questions about this transmittal, please
contact me at [e-mail]].
Sincerely,
tting Unit
Enclosed: Request for Oral Presentation form
Attached: Case LV-2023-0092 Remission Decision Summary — signed
Civil Penalty Assessment (CPA)_20230316
ec: Enforcement Case File LV-2023-0092
DWR Mooresville Regional Office (MRO), attn. Wes Bell, Andrew Pitner.
Central Enforcement Files: [Laserfiche]

STATE OF NORTH CAROLINA
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Stonetown Berkley Oaks LLC, WWTP
Adam Minnick, Owner
ENVIRONMENTAL MANAGEMENT COMMISSION
) DEQ Case Number LV-202MO92
) 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
SIGNATURE
ADDRESS
day of 20
TITLE (President, Owner, etc.)
TELEPHONE

DocuSign Envelope ID: BFEDF221-17B8-4526-A909-2AB2BB98F807
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2023-0092 Region: MRO County: Gaston
Assessed Entity: Stonetown Berkley Oaks LLC WWTP Permit: NCO062278
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee [not asserted]:
DWR Response:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee Asserts: The high BOD result was due to an increase in flow to the plant and lowered
wasting time due to the long holiday weekend. The permittee has since increased the wasting time to
remove more solids from the system and double the time during holiday weekends. There has been no
limit exceedance since the changes.
DWR Response: The operations staff failed to plan ahead and properly waste solids as a result of the
extended holiday weekend.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee [not asserted].
DWR Response:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee [not asserted]:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee [not asserted]:
DWR Response:

DocuSign Envelope ID: BFEDF221-17B8-4526-A909-2AB2BB98F807
CPA $337.03 [$154.00 civil penalties plus $183.03 Costs]
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ® No ❑
Original Penalty (without Enforcement Costs)
Partial Remission
$154.00
(20% or) $30.80
Subtotal $123.02
Retaining Enforcement Costs $183.03
Total Revised Assessment $306.23
DocuSigned by:
l f 11/2/2023
8328B44CE9EB4A1...
for Richard E. Rogers, Jr.
Date
Based upon the findings of fact and conclusions of law, ... Mooresville Regional Office (MRO)
...makes the following civil penalty assessment against Stonetown Berkley Oaks LLC:
$154.00 1 of 1 violations of G.S. 143- 215. l(a)( 6) and Permit No. NC0062278, by
discharging waste water into the waters of the State in violation of the Permit Daily
Maximum for BOD, 5-Day (20 Deg. C) Concentration.
$154.00 TOTAL CIVIL PENALTY
$183.03 Enforcement Costs
$337. 03 TOTAL AMOUNT DUE