NC0047091_LV20160150_20161006

WaterResources
ENVIRONMENTAL QUALITY
October 6, 2016
Maryjane Kurlander, Owner
K B I LLC Kurlander Boggs Investments LLC
80 S Lk Aver Ste 719
Pasadena, CA 91101
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Subject: Remission Request of Civil Penalty Assessment
Silver Maples Community,
2812 Plantation Rd, Concord, NC 28027
NPDES Permit NCO047091
Case Number LV -2016-0150
Cabarrus County
Dear Ms. Kurlander:
Secretary
S. JAY ZEMWMRMAN
Director
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. Your request will be scheduled for review by the Director and you will be
notified of the result.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
-B
Derek Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ
cc: Enforcement File w/originals
6TEEES Program Files
Central Files w/attachments
Mooresville Regional Office w/attachments
Dustin K. Metreyeon, 1000 Woodhurst Drive, Monroe, NC 28110
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

JUSTIFICATION FOR REMISSION REQUEST
Case Number.. LV -2016-0150
Assessed Party: K B I LLC Kurlander Boggs Investments LLC
Permit No.: NCO047091
46ftO/AC
OCT De�WR
4 2416
pernW+i y� sua/n
County: Cabarrus c.
Amount Assessed: $550.53
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver ofRight 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 maybe 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 needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. I (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
X (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);
X (d) the violator had not been assessed civil penalties for any previous violations;
x (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:
Review of facility log .book and EDMR shows historical rainfall events during and around the time of
violations. Such events allowed Rocky River to flood out its banks and onto the property some 50 yards
contributing to flow and treatment violations, either by, direct inflow or subsequent low mixed liquor
suspended solids concentrations resulting from "wash-out". As suggested by your office, blowers were
temporarily turned off to minimize wash out and the facility reseeded. However, the rain returned and
negated our efforts. Although it was impossible to distinguish wastewater from flood water, any
remaining solids on site were allowed to dry and were removed manually using shovels, bags and
buckets and properly disposed. In so much that we, followed the 24hr and 5 day reporting protocol,
promptly attempted to abate further environmental damages, the violation(s) were inadvertent and out c
our control and whereas my client was _relieved of additional enforcement action and penalties for a
similar occurrence in November 2015, we respectfully request remission from LV -2016-0150. As you ar
aware, my client is actively pursuing connection with the local municipality and plans to abandon their
wastewater facility by years end 2016.

i 4
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
K B I LLC Kurlander Boggs Investments LLC )
Silver Maples Community ),
PERMIT NO. NCO047091 ) CASE N.O. LV -2016-0150
Having been assessed civil penalties totaling $550.53 for violation(s) as set forth in the'assessment document of the Division
of Water Resources dated August 1. 2016, the undersigned, desiring to seek remission of the civil penalty, 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 thirty (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 2 day of September • , 20J
SIGNATURE
ADDRESS
METWATER, INC
1000 W\WOODHURST DRIVE
MONROE NC 28110
(OPERATOR FOR SILVER MAPLES)
TELEPHONE
704.506.4255