NCS000440_Town of Woodfin Modified Civil Penalty Letter_20231031

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ROY COOPER
Governor
ELIZABETH S.BISER
Secretary ``�aun✓ �
WILLIAM E.TOBY VINSON,A NORTH CAROLINA
Interim Director Environmental Quality
October 31, 2023
Town of Woodfin CERTIFIED MAIL
Attn:M.Jerry Vehaun,Mayor RETURN RECEIPT REQUESTED
90 Elk Mountain Road 70191120 0002 0066 3538
Woodfin,NC 28804
Subject: Request for Remission of Civil Penalty
Town of Woodfin
Case No. PC-2022-0002
Buncombe County
Dear Mr.Vehaun:
In accordance with North Carolina General Statute 143-215.6A(f) and delegation provided by the
Secretary of the Department of Environmental Quality(DEQ), I,William E.Vinson,Jr.,have
considered the information you submitted in support of your request for remission and hereby
remit$7,285.00 of the$13,095.00 civil penalty assessment. The civil penalty is therefore a total
amount of$5.810.00 which includes$810.00 in investigative costs.
There are two options available to you:
Option 1:Pay the penalty.
If you decide to pay the penalty at this stage of the remission process,please make your check
payable to the Department of EnvironmentallQuality(DEQ). Send the payment within thirty
(30) calendar days of your receipt of this letter to the following:
If sending via US Postal Service Ifsending via delivery service(UPS,FedEx, etc.)
Michael Lawyer Michael Lawyer
DEMLR-Stormwater Program DEMLR-Stormwater Program
1612 Mail Service Center 512 N.Salisbury Street
Raleigh, NC 27699-1612 Raleigh, NC 27604
Option 2:Defer the final decision to the Environmental Management Commission.
You may decide to have the Environmental Management Commission's (EMC) Committee on
Civil Penalty Remissions make the final decision on your remission request.If payment is not
received within thirty(30) calendar days from your receipt of this letter,your request for
1p"W—k E 0%M North Carolina Department of Environmental Quality I Division of Energy.Mineral and land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh.North Carolina 27699-1612
919.707.9200
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remission with supporting documents and the recommendation of the Director of the North
Carolina Division of Energy, Mineral and Land Resources will be delivered to the Committee on
Civil Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee,you must complete and
return the attached form within thirty 30)calendar des of receipt of this letter. Send the
completed form to:
Ifsending via US Postal Service If sending via delivery service(UPS,FedEx,etc.)
Michael Lawyer Michael Lawyer
DEMLR-Stormwater Program DEMLR-Stormwater Program
1612 Mail Service Center 512 N.Salisbury Street
Raleigh,NC 27699-1612 Raleigh, NC 27604
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation,you will be notified of when and where you should appear. If
a presentation is not required,the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its
remission decision based on the original assessment amount. Therefore,the EMC may
choose to uphold the original penalty amount and offer no remissions,Qr they may
decide to remit a portion of the penalty.
Thank you for your cooperation in this matter. If you have any questions, please contact Kieu Tran
at(919) 707-3640 or Michael Lawyer at(919) 707-3639.
Sin erel ,
G ,
illi .(Toby) Vinson,Jr.
Division of Energy,Mineral and Land Resources
Attachments: Civil Penalty Remission Factors
Request for Oral Presentation Form
cc: Michael Lawyer-via email
Isaiah Reed-via email
Stormwater Program-Enforcement File Copy
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
./ 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh.North Carolina 27699-1612
919.707.9200

DIVISION OF ENERGY, MINERAL and LAND RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2022-0002 Region: Asheville County: Buncombe
Assessed Entity: Town of Woodfin Permit: NCS000440
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
DEMLR Response: Civil penalties were assessed in accordance with applicable regulations
and agency guidance.
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
DEMLR Response: DEMLR issued a Notice of Violation (NOV) with the resulting audit
report on September 17, 2019. The Town failed to submit the documentation required in
the NOV within the timeline outlined (Draft Stormwater Management Plan, self-audit,
and council resolution). The Town has been in communication with DEMLR staff and
demonstrated intent to improve the program since January 12, 2021.The Town of
Woodfin submitted an updated draft stormwater management plan and a new permit
application on January 11, 2022.
® (c) Whether the violation was inadvertent or a result of an accident:
DEMLR Response: Based on the information submitted by the permittee, it was apparent
that factors outside the control of the permittee had affected the ability to respond
sufficiently.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
DEMLR Response: DEMLR has no record of prior enforcement against the Town of
Woodfin.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DEMLR Response: It is not known whether payment of the civil penalty will prevent the
Town of Woodfin from taking the necessary remedial actions to correct the violations.
DEMLR has no knowledge of the violator's financial information.

DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? ® Yes ❑ No
Partial Remission ® % or 7,285.00(amount remitted)
Original penalty(without enforcement costs) $ 12,285.00
Enforcement costs retained $810.00
Amount remitted $ 7,285.00
Subtotal $ 5,810.00
Total Revised Assessment $ 5,810.00
illiam E. (Toby)Vinson,Jr. Date
Division of Energy, Mineral and Land Resources

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BUNCOMBE DEMLR Case Number: PC-2022-0002
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
TOWN OF WOODFIN )
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 lawers 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.)
ADDRESS
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