NC0044253_Remission (Decision)_20240301

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director

March 1, 2024

CERTIFIED MAIL 7099-1120-0001-4877-5539
RETURN RECEIPT REQUESTED

Carlton V. Metts, Executive Director
North Carolina Lions Foundation, Inc.
PO Box 39
Sherrills Ford, North Carolina 28673-0039

Subject: Your Request to Remit Civil Penalties
Remission request for Case Number LV-2023-0299
NPDES Permit NC0044253
Camp Dogwood WWTP, WPCS Class WW-2
Camp Dogwood Drive, Sherrills Ford 28673
Catawba County
Mr. Metts:

The Division of Water Resources [DWR or the Division] has considered the information submitted in
support of your request for remission in accordance with G.S. 143-215.6A(f) and has found no grounds
to modify the initial civil penalty assessment of $458.03. This transmittal attaches a copy of DWR’s
remission decisions and justifications.

Two options are available to you at this stage of the remission process:

1) You may pay the penalty.

If you decide to pay the penalty, please make your check in the amount of $458.03 payable to the
Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of
your receipt of this letter to the attention of:

Joe R. Corporon, P.G.
NCDEQ / DWR/ NPDES
Compliance and Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR

2) You may request the Environmental Management Commission’s (EMC’s) Committee on
Civil Penalty Remissions to make the final decision on your remission.

North Carolina Lions Foundation, Inc.
Remission Decision - Case LV-2023-0299

If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with its supporting documents, and the recommendation of the Division of Water Resources
will be delivered to the EMC’s Committee on Civil Penalty Remissions for a final agency decision.

You have the option of presenting your request in person to the EMC’s Committee on Civil Penalty
Remissions. If you or your representative would like to speak before the Committee, you must
complete and return the attached Request for Oral Presentation Form within thirty (30) calendar
days of receipt of this letter. Send the completed form [attached] to:

Joe R. Corporon, P.G.
NCDEQ / DWR/ NPDES
Compliance and Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Please be advised that if an in-person presentation is not requested, the Committee’s decision regarding
your remission request will be based upon the written record.

Thank you for your continued cooperation in this matter. If you have questions, please email the
undersigned at [e-mail].

Sincerely,

___________________________________
Joe R. Corporon, P.G.
NCDEQ / DWR/ NPDES
Compliance and Expedited Permitting Unit

Attachments

ec: Laserfiche Files [letter + forms]

NPDES Enforcement Files LV-2023-0299
Mooresville Regional Office (MRO), Attn. Wes Bell [[e-mail]]
NC Lions, Inc, Carlton Metts [[e-mail]]
NC Lions, Inc, Tammy [[e-mail]]

North Carolina Lions Foundation, Inc.
Remission Decision - Case LV-2023-0299

STATE OF NORTH CAROLINA ) ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CATAWBA ) DEQ Case Number LV-2023-0299
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
North Carolina Lions Foundation, Inc. )
Camp Dogwood WWTP )
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, s uch 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. Prese ntation 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
TELEPHONE ( )
Case Number: LV-2023-0299
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS and DECISIONS

Case Number: LV-2023-0299 Region: MRO County: Catawba
Assessed Entity: North Carolina Lions Foundation Permit: NC0044253
Camp Dogwood WWTP, WPCS Grade WW-2

(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 day after effluent sampling, operators identified a blocked pipe between the
clarifier and the tablet chlorine feeder. The blockage consisted of a cloth-like material and other debris.
Operators cleared the blockage and added more chlorine to ensure further disinfection. Following these
corrective actions, no further fecal coliform exceedances have occurred.

DWR Response: The fecal coliform violation was 500% over the permit limit. Effluent fecal coliform
violations have been previously reported in October, November, and December 2022, with all
violations being attributed to lack of contact time for adequate disinfection due to higher flow rates.
Based on the responses for this fecal coliform violation, the blockage in the line would appear to cause
a lower flow going through the tablet chlorine feeder which would in turn, allow for more efficient
disinfection.

This office questions how a blockage of a cloth-like material in the line would inhibit adequate
chlorination/disinfection. Plus, the results of the remaining parameters collected during this sampling
event were < 2 mg/L (BOD), 8 mg/L (TSS) and 7.1 SU (pH), well within permit limits. Although no
effluent ammonia samples were collected, the results of the two effluent ammonia samples collected
earlier in the month were both 0.1 mg/L.

(c) Whether the violation was inadvertent or the result of an accident:
The Permittee Asserts: The debris obstruction, likely attributed to visitors at the facility/camp, is
believed to have caused effluent contamination and reduced disinfection efficiency. Operators were unable
to predict or proactively plan for this occurrence.

DWR Response: This office agrees that the blockage was not intentional and/or could not be
predicted by the operations staff.

(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: 62AB7F18-B406-4AD0-92A0-0A91D81217F7
Case Number: LV-2023-0299

CPA $458.03 [$275.00 civil penalties plus $183.03 Costs]

DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No

Original Penalty (without Enforcement Costs) $275.00
No Remission $0.0
Subtotal $275.00
_________________
Retaining Enforcement Costs $183.03
________________________________
Total Assessment $458.03

Michael J. Montebello Date

Civil Penalty Assessment (CPA) Summary
Based upon the findings of fact and conclusions of law, I, Andrew H. Pitner, Regional Supervisor,
Mooresville Regional Office hereby make the following civil penalty assessment for the month of
August 2023 against the North Carolina Lions Foundation, Inc.:

$275. 00 1 of 1 violations of G. S. 143- 215. 1 (a)(6) and Permit No. NC0044253, by
discharging wastewater into the waters of the State in violation of the Permit Daily
Maximum for Fecal Coliform, MF, MFC Broth, 44. 5 C

$275. 00 TOTAL CIVIL PENALTY

$183. 03 Enforcement Costs

$458. 03 TOTAL AMOUNT DUE

DocuSign Envelope ID: 62AB7F18-B406-4AD0-92A0-0A91D81217F7
2/1/2024