NC0047091_LV20150137_20150828

Pat McCrory
Governor
=
NCDENR
North Carolina Department of Environment and Natural Resources
August 28, 2015
CERTIFIED MAIL, 7015 0640 0007 5707 4838
RETURN RECEIPT REQUESTED
Mr. Logan Boggs
KBI, LLC
80 South Lake Avenue, Suite 719
Pasadena, California 91101
Dear Mr. Boggs:
Donald van der Vaart
Secretary
RECEIVEDIDENRIDWR
SEP -1 2015
Water Quality
Permitting Sectior
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO047091
Silver Maples Community WWTP
Cabarrus County
Case No. LV -2015-0137
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1743.85 ($1600 civil penalty + $143.85 enforcement costs) against KBI, LLC.
This assessment is based upon the following facts: A review has been conducted of the self-
monitoring data reported for April 2014. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NCO047091. The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that KBI, LLC violated the terms,
conditions, or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute
(G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be
assessed in accordance with the maximums established by G.S. -143-215.6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Resources, I, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against KBI, LLC:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: http://portal,ncdenr.org/webtwq
An Equal Opportunity l Affirrnawe Action Employer— 3C% Rec yded110% Post Consurner paper

(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
N.
2. Submit a written request for remission including a detailed justification for such request:
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 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. Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or
legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the
civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or

Mr. Sam M. Hayes, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
� ZD G
(D te) Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
CASE NO. LV -2015-0137
Outfall
Date
Parameter
Reported Value
Permit Limit
001
4/1/14
BOD
47 mg/L*
19.5 mg/L (Daily maximum)
001
4/8/14
BOD
60 mg/L*
19.5 mg/L (Daily maximum)
001
4/16/14
BOD
58 mg/L*
19.5 mg/L (Daily maximum)
001
4/23/14
BOD
29 mg/L*
19.5 mg/L (Daily maximum)
001
4/29/14
BOD
33 mg/L*
19.5 mg/L (Daily maximum)
001
4/1/14
Fecal Coliform
6000 CFU/100 ml.*
400 CFU/100 ml.(Daily maximum)
001
4/8/14
Fecal Coliform
6000 CFU/100 ml.*
400 CFU/100 ml.(Daily maximum)
001
4/16/14
Fecal Coliform
8700 CFU/100 ml.*
400 CFU/100 ml.(Daily maximum)
001
4/23/14
Fecal Coliform
6000 CFU/100 ml.*
400 CFU/100 ml.(Daily maximum)
001
4/29/14
Fecal Coliform
6000 CFU/100 ml.*
400 CFU/100 ml.(Daily maximum)
001
4/16/14
TSS
54 mg/L*
45 mg/L (Daily maximum)
001
4/30/14
BOD
45.4 mg/L*
13 mg/L (Monthly average)
001
4/30/14
Fecal Coliform
6463 CFU/100 ml.*
200 CFU/100 ml. (Monthly Average)
001
4/30/14
TSS
35.4 mg/L
30 mg/L (Monthly Average)
001
4/30/14
Flow
0.044 MGD
0.04 MGD (Monthly Average)
* Denotes civil penalty assessment
KBI, LLC did not provide a response to NOV-2015-LV-0156 dated March 19, 2015.
Mitigating factors were not found on the April 2014 DMR comments section to result in a
reduced civil penalty amount.

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
KBI, LLC
PERMIT NUMBER NC0047091
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV -2015-0137
Having been assessed civil penalties totaling $1743.85 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 19, 2015, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after 30 days from the receipt of the notice of assessment.
This the day of 52015
BY
ADDRESS
TELEPHONE