NC0044253_Remission (Decision)_20240409

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

April 9, 2024

CERTIFIED MAIL 7019-1120-0001-4877-5515
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
Case Number LV-2023-0087
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-2023-0087

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 to present 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-2023-0087
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-2023-0087

STATE OF NORTH CAROLINA ) ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CATAWBA ) DEQ Case Number LV-2023-0087
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-2023-0087
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS and DECISIONS

Case Number: LV-2023-0087 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:
[not asserted]:
(b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
Permittee Asserts: On December 28th, the facility received a fecal coliform result of 2419. 8/ col
that exceeded the daily maximum allowable limit of 400/ col. Upon discovery, operators responded by
ensuring that adequate chlorination was restored to prevent the recurrence of future fecal coliform
exceedances.
The plant experiences occasional rapid flow events due to the transient nature of the usage of the
camp facilities. This has resulted in reduced contact time in the chlorine contact chamber during
those instances, preventing adequate chlorination from taking place prior to leaving the effluent. As
of February 2023, Kemp, Inc. advised that operations staff raise the V-notch weir at the chlorine
contact chamber to increase contact time.
The months of January and February 2023 were both compliant for fecal coliform, and no further
fecal coliform exceedances have occurred since this time. Operations staff also received additional
training on sampling technique and chlorine addition and will perform refresher training annually.

DWR Response:

Potential to adversely impact surface water quality:
o fecal coliform violation 504.9% over permit limit.
o receiving stream classified WS-IV & CA

NOD-2022-LR-0022 – Late submittal of monitoring report – December 2021;
NOV-2022-LR-0022 – Late submittal of monitoring report – January 2022;
Case #: LR-2022-0002 – Late submittal of monitoring report – February 2022;
NOV-2022-LR-0041 - Late submittal of monitoring report – March 2022;
NOV-2022-PC-0379 – Violations detected during inspection – July 2022;
Case #: MV-2023-0004 – Effluent monitoring violations – September 2022;
Case #: LV-2023-0041 – Fecal Coliform DMV – November 2022.

MRO recommends no remission.

(c) Whether the violation was inadvertent or the result of an accident:
[not asserted]:
(d) Whether the violator had been assessed civil penalties for any previous violations:
[not asserted]:
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
[not asserted]:
DocuSign Envelope ID: 1291B5AC-8EDB-495F-BA56-C8BF2C67C2C6
Case Number: LV-2023-0087
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
Partial Remission $0.00
Subtotal $275.00
_________________
Retaining Enforcement Costs $183.03
________________________________
Total Revised Assessment $458.03

John E. Hennessy, Section Chief Date
Water Quality Regional Operations
Division of Water Resources

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 makes the following civil penalty assessment for the month of
December 2022 against the North Carolina Lions Foundation, Inc, Camp Dogwood:

$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: 1291B5AC-8EDB-495F-BA56-C8BF2C67C2C6
4/5/2024