NC0065358_Remission Request (PC-2023-0032)_20231211

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2023-0032 County: Randolph
Assessed Entity: S I P Hidden Forest, LLC
Permit No.: NC0065358 Amount Assessed: $6,441.84
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request
for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the
violation(s) occurred or the accuracy of any of the factual statements contained in the civil
penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty
may be granted only when one or more of the following five factors apply. Please check each
factor that you believe applies to your case and provide a detailed explanation, including copies
of supporting documents, as to why the factor applies (attach additional pages as, ip. l IVED
n (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner(the assessment factors are list -i tkelcg+9123
penalty assessment document);
NCDEQ/DWR/NPDES
(b) the violator promptly abated continuing environmental damage resulting from the
thesteps thatyou took to correct the violation and re
violation (i.e., explain ep futu
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the
activities necessary to achieve compliance).
EXPLANATION:
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,�1 Vorrh Caroluta Deptutmeut of Enviromnzutal Quality j Division o r Rzsources
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D E Q 136 776.9800

NC RECEIVED
TRAINING S U P P O R T
DEC 11 2023
North Carolina Rural Water Association,Inc.
S
NCDEQ/DWR/NPDES
Post Office Box 540 S Welcome,NC 27374 S Telephone[phone] Fax[phone] S wwwncrwa.org
December 1st,2023
Ms.Jennifer F.Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources NCDEQ
Subject:Assessment of Civil Penalties
Violations of NPDES NC0065358
Case#PC-2023-0032
Randolph County
Dear Ms.Graznak
On behalf of Mr.Sean Dyer this communication is in response to the Civil Penalties letter received by
Hidden Forest,LLC dated November 1",2023.
Mr.Troy Cassidy and Mr.Jackie Jackson with North Carolina Rural Water Association have reviewed
the letter of non-compliance and certainly appreciate the fact that NCDEQ had given Mr.Dyer previous
opportunities to address the compliance issues onsite.After speaking with Mr.Dyer at length regarding
Permittee responsibilities along with contract operations responsibilities and expectations,he is better
versed to understand the regulatory requirements here in the State on North Carolina and how they differ
in ways from those in Massachusetts.Mr.Dyer is fully committed to getting the system back into
compliance and in sound standing with NCDEQ.
To date Mr.Dyer has addressed the physical deficiencies noted in the civil penalties letter he received.
In addition to the physical repairs made to the treatment works,Mr.Dyer has made the commitment to
become a member of the North Carolina Rural Water Association and utilize our technical assistance for
both his wastewater and water systems.To date NCRWA has logged more than 20 hours of onsite
technical assistance that included a current process control assessment,through this onsite review there
have been several process control changes that address flow equalization utilization,
NCRWA has meet with the contract operations firm and reviewed regulatory requirements of the ORC,
that included up to date record keeping onsite,maintenance and operational expectations that include
critical path spare parts onsite,and the requirements pertaining to sampling accurately.
NCRWA is currently creating a Contract Operations Agreement template for Mr.Dyer to use when
seeking a new vendor for this service.This will assist in better communications and identify owner and
ORC responsibilities.Other items that we have addressed with Mr.Dyer is the inspection of the
collection system and the lift station to determine a needs-based budget for a Capital Improvements Plan
(CIP).
Additionally,NCRWA will offer assistance for Technical,Managerial,and fiscal(TMF)training
opportunities to Mr.Dyer.
With receipt of this reply Mr.Dyer(Hidden Forest,LLC)formally requests a 6 month deferment of the
civil penalties assessed.During this six-month period Mr.Dyer's desire is that NC DEQ will see his
commitment to compliance through improved discharge water quality,continued repairs to the existing

facility which all will be manifested though better compliance onsite.Upon completion of the 6 month
time period NC DEQ would return to site to conduct a compliance evaluation and determine if there is
' adequate evidence to reduce the civil penalties levied against the facility.
Please advise is the proposed action plan is acceptable to NCDEQ.
Sincerely,
Jackie Jackson and Troy Cassidy
NCRWA Technical Assistance and Trainer