NC0047091_LV20160146_20170105

WaterResources
ENVIRONMENTAL QUALITY
January 5, 2017
CERTIFIED MAIL 7009 2250 0000 8087 0835
RETURN RECEIPT REQUESTED
Maryj ane Kurlander, Owner
K B I LLC Kurlander Boggs Investments LLC
80 S Lk Aver Ste 719
Pasadena, CA 91101
Dear Ms. Kurlander:
ROY COOPER
Governor
S. JAY MMERMAN
Director
Subject: Request to Remit Civil Penalties - Denied
Decision in Case Number: LV -2016-0146
Silver Maples Community
NPDES Permit NCO047091
Cabarrus County
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water
Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret
to inform you that the Director has denied your request.
Therefore, your outstanding balance ($450.53) is due and payable. Two options are available to you at
this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental
Quality (DEQ). Send the payment, within thirty.(30) calendar days of receiving this letter, to the
attention of:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

2) You may request the Environmental Management Commission's (FMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
If payment is not received within 30 calendar days from your receipt of this letter, your current request
for remission and this letter of denial will be delivered to the Committee on Civil Penalty Remissions for
final agency decision.
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 (3 0) calendar days of receiving this letter.
Send completed form(s) to:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, the EMC Chairman will review the supporting documents and your request
for an oral presentation. If, in his/her judgment, the Chairman determines that there is compelling reason
to require a presentation, you will be notified as to when and where you should appear. If your
presentation is not required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty and offer no remission, they may agree with the DWR Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
Derek C. Denard, Environmental Specialist
Division of Water Resources, NCDEQ
Attachments: Director's Decision; Request for Oral Presentation form
Pemrittee's Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Permittee's Justification for Remission Request
cc: - Dustin K. Metreyeon, 1000 Woodhurst Drive, Monroe, NC 28110
DWR MRO files
Enforcement File
Central Files

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV -2016-0146
Region:
Mooresville
County: Cabarrus
Assessed Entity: Silver Maples Community WWTP Permit No.: NCO047091
Assessment Factors
❑ (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:
® (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Permittee Assertion: Review of facility log book and eDMR show historical rainfall events during and around the
time of violations. Such events allowed the Rocky River to flood its banks and flood the property contributing to
flow and treatment violations either by, direct inflow or subsequent low mixed liquor concentrations form `wash-
out". The blowers were temporarily turned off to minimize washout. However, rains returned negating their
efforts. Although it was impossible to distinguish wastewater from flood waters, any remaining solids left on site
were removed manually using shovels, bags and buckets and disposed. They followed the 24 -hr and 5 -day
reporting protocol, promptly attempted to abate further environmental damages, the violation(s) were inadvertent
and out of their control. They were remitted of penalties for a similar occurrence in the past. They are pursuing a
connection with local municipality by the end of 2016.
DWR Notes: The permittee asserts the reason for remission request is that plant washed out due to flooding and
penalties have been remitted in the past. No rain fall data or USGS flow data of the Rocky River was provided
with this remission request to determine severity of flooding.
A review of the past 60 months' compliance history, from January 2011 to December 2015, the permittee
reported 49 limit violations for BOD; 42 violations for Fecal Coliform; 6 violations for TSS; and 9 violations for
Flow. Of the 29 violations issued, during the 60 -month review period, 12 were issued as cases having penalties
assessed. Review of the past 60 months found violations in 29 of the 60 months or 48.33% of the review period
the subject facility was in violation of permit limits. After reviewing the DMR data it was noted that the subject
facility has a variable compliance record. No explanation was provided to the Division as to the reason for issues
with limits violations noted in the NOV-NOI issued on May 25, 2016 (NOV-2016-LV-0270).
DECISION (Check One)
Request Denied J9
Full Remission ❑
Partial Remission ❑
Retain Enforcement Cost? -Y-Qs ❑ No ❑
Date

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
SILVER MAPLES COMMUNITY WWTP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number LV -2016-0146
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.
• 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/ethic's, 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 tot 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 potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

JUSTIFICATION FOR RErMSSION REQUEST
Case Number: LV -2016-0146
Assessed Party: K B I LLC Kurlander Boggs Investments LLC
Permit.No.: NCO047091
County:
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Amount Assessed: $450.53
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing,' and Stipulation of Facts" form to reiluest 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. I (c), remission of civil
penalty may be 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. 14313-282.1(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 its banks and flood the property contributing to flo%
and treatment violations either by, direct inflow or subsequent low mixed liquor concentrations from
"wash-out". As suggested by your office, the blowers were temporarily turned off to minimize washout
and the facility reseeded. However, the rains returned negating our efforts. Although it was impossible t
distinguish wastewater from flood waters, any remaining solids left on site were removed manually usin
shovels, bags and buckets and 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 of our control and whereas my client was relieved of additional enforcement action and penaltie
for a similar occurrence in November 2015, we respectually request remission from LV -2016-0146. As
you are aware, my client is actively pursuing a connection with the local municipality and plans are to
abandon their wastewater facility by years end 2016.

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 Kurhmder Boggs Investments LLC )
Silver Maples Community )
PERMIT NO. NCO047091 ) CASE NO. LV -2016-0146
Having been assessed civil penalties totaling $450.53 for violation(s) as set forth in the assessment document of the Division
of Water Resources'dated AuMt 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
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day of September 2016
SIGNATURE
ADDRESS
Metwater. Inc.
1000 woodhurst Drive
Monroe NC 28110
facility operator for Silver Maples)
TELEPHONE
704.506.4255