NC0020354_Remission Decision (LM-2024-0016)_20240716

Docusign Envelope ID: 7409D79F-F95B-48F4-8094-B500D94CCF88
ROY COOPER
Governor
ELIZABETH S. BISERflz.� a2
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
7/16/2024
CERTIFIED MAIL 7018 1830 0001 8037 1172
RETURN RECEIPT REQUESTED
Timothy R. Smith, Vice President
Chatham Park Investors, LLC
105 Weston Estates Way
Cary, NC 27513
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit NCO020354
Chatham Park Water Recovery Center
Chatham County
Case Number: LM-2024-0016
Dear Mr. Smith:
The Division of Water Resources has considered the information submitted in support of your request
for remission in accordance with G.S. 143-215.6A(f) and has not found grounds to modify the initial
civil penalty assessment of $1,462.27. A copy of the remission decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the penalty.
If you decide to pay the penalty, please make your check in the amount of $1,462.27, 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.
Attn: Wren Thedford
NC DEQ-DWR — NPDES Permitting
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
1 '
You may decide to have the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions make the final decision on your remission request.
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.
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Oefwrtmerrt of EnNro
NOHTHCAfE,WmnmeMnl Qualiry 919.707.9000

Docusign Envelope ID: 7409D79F-F95B-48F4-8094-B500D94CCF88
Chatham Park Investors, LLC - Chatham Park Water Recovery Center
Case LM-2024-0016 DWR Remission Decision
p. 2
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 to:
Attn: Sydney Deuterman
NC DEQ-DWR — NPDES Permitting
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 cooperation in this matter. If you have any questions, please contact Sydney
Deuterman at [phone] or via e-mail at sydney.deuterman&deq.nc.gov.
Sincerely,
DocuSigned by:
83281344CEK[34A1...
John E. Hennessy, Section Chief
Water Quality Regional Operations
Division of Water Resources
Attachments: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
ec: Enforcement File: LM-2024-0016 [Laserfiche]
DWR WQ Regional Operations — Raleigh [Laserfiche]

Docusign Envelope ID: 7409D79F-F95B-48F4-8094-B500D94CCF88
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LM-2024-0016 Region: Raleigh County: Chatham
Assessed Entity: Chatham Park Investors, LLC Permit: NCO020354
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:
DWR Response:
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The Permittee states that the exceedances are contributed to plant start up and
bringing the plant biology online while working through operational parameters and operating
condition for proper and efficient plant operations. They state that plant start up takes some time to
provide for and propagate the proper plant biology to maintain efficient and effective treatment, and
they attempted to supplement this with seed biology from the Sanford WWTP to help accelerate the
process. They state they also used the start up to obtain information for proper operation, as flows
experienced at the plant were lower than optimal and contributed to issues or concerns with start up
operations, however with an increase in flow the plant will be able to provide adequate and efficient
treatment more efficiently.
DWR Response: The Chatham Park Water Recovery Center began discharging treated effluent from
outfall 001E in August 2022. The treatment system is designed and permitted at 0.499 MGD, and has
had low flows since coming online. Monthly average flow for Dec. 2023 was 0.039 MGD. Low flow
conditions have made it difficult to operate within permit limits.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:
DECISION (Check One)

Docusign Envelope ID: 7409D79F-F95B-48F4-8094-B500D94CCF88
Request Denied ❑X
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $1,330.50 (enter amount)
Partial Remission ❑ % or $ (amount remitted)
Subtotal $1,330.50
Retaining Enforcement Costs $131.77
Total Revised Asse18328B44CHE134M
bocuSigned by: 1 462.27
�7/16/2024
�
...
John E. Hennessy Date

Docusign Envelope ID: 7409D79F-F95B-48F4-8094-B500D94CCF88
NCO020354 Remission Decision
STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
CHATHAM PARK INVESTORS, LLC
ENVIRONMENTAL MANAGEMENT COMMISSION
DWR Case Number LM-2024-0016
REQUEST FOR ORAL PRESENTATION
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.
0 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, 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
ADDRESS
TITLE (President, Owner, etc.)
TELEPHONE