SW8970515_FINAL FAD for Sunset Oaks LLC DEMLR-PC 2018-0008_20231215

STATE OF NORTH CAROLINA BEFORE THE
REMISSION COMMITTEE OF THE
COUNTY OF BRUNSWICK ENVIRONMENTAL MANAGEMENT
COMMISSION
DEMLR-PC 2018-0008
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) FINAL DECISION
SUNSET OAKS, LLC )
THIS MATTER came before the Civil Penalty Remissions Committee ("Committee") of
the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-
282.1, on November 9, 2023, upon the recommendation of William E. Vinson, Jr., acting director
of the Division of Energy, Mineral and Land Resources ("DEMLR"), for entry of a final decision
on the assessment of a civil penalty and investigation costs against Sunset Oaks, LLC, totaling
Twenty-four Thousand, Four Hundred Ninety-Two Dollars and 00/100 Cents ($24,492.00).
On August 31, 2008, Sunset Oaks, LLC was assessed civil penalties of$24,492.00, which
included $2,492 investigative costs for several violations of N.C.G.S. 143-215 et seq. and the
General Permit SW8970515 as follows:
• $8,000.00 - for failure to apply for the renewal of Permit No. SW8970515 in violation
of Title 15A NACA 02H .1045(3).
• $10,000.00-for failure to maintain the stormwater control measure consistent with the
approved operation and maintenance plan in violation of Title 15A NCAC 02H.1008(i)
and Condition II of Permit No. SW8970515.
• $2,000.00 — for failure to document maintenance activities and make them available
upon request in violation of Condition II 3 of Permit No. SW8970515.
• $2,000.00—for failure to submit a written response when notified that the site does not
meet one or more of the minimum requirements of the permit in violation of Condition
I.7 of Permit No. SW8970515.

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On April 8,2019,the DEMLR received a request for remission of the assessed civil
penalty, including a "Justification for Remission Request" and a "Waiver of Right to an
Administrative Hearing and Stipulation of Facts." On June 15, 2020, Mr. Vinson as the Section
Chief for the Program Operations of DEMLR's Stormwater Program considered the request for
remission of the assessed penalty and the justification submitted by Sunset Oaks, LLC, as well as
the required statutory factors. No grounds were found to modify the initial assessed civil penalty.
Sunset Oaks, LLC has no record of prior enforcement actions during the prior five-year period.
No representatives on behalf of Sunset Oaks, LLC appeared before the Committee. The request
for remission was presented to the Civil Penalty Remissions Committee based on the written
submissions from the DEMLR.
Having considered the facts contained in the record and the factors set forth in N.C.G.S. §
143B-282.I(b) and (c), the Civil Penalty Remissions Committee, Group I, for consideration on
November 9, 2023, finds and incorporates herein the facts contained in the Findings and Decision
and Assessment of Civil Penalties as stipulated to by Sunset Oaks, LLC. Additionally, the
Committee concludes that the record supports the Findings of Fact. The Findings of Fact in turn
support the Conclusions of Law. The Committee further concludes that the DEMLR properly
considered and applied the factors set forth in N.C.G.S. § 143B-282.1 in determining the amount
of the civil penalty and considering the request for remission.
Pursuant to N.C.G.S. § 143B-282.I(c), the Committee has considered the statutory factors
and the recommendation of the Director, and concludes that NO GROUNDS have been shown by
Sunset Oaks, LLC nor are facts present in the record to support the Request for Remission or
reduction of the penalty assessed by the Director for the violations. Upon duly made motion and

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vote, the Committee DENIES the Request for Remission and, therefore, UPHOLDS the civil
penalty assessment of Twenty-Two Thousand Dollars ($22,000) with investigative costs of Two
Thousand Four Hundred Ninety-Two Dollars ($2,492) for the total amount of Twenty-Four
Thousand Four Hundred Ninety-Two Dollars and 00/100 Cents ($24,492.00).
THEREFORE, IT IS ORDERED AND ADJUDGED that:
1. The Request failed to demonstrate the presence of any grounds sufficient to remit
the civil penalty pursuant to N.C.G.S. § 14313-282.1(c), and the Request is, therefore, DENIED.
Because no grounds exist to support the remission of the penalty at issue, the civil penalty of
$22,000, and investigative costs in the amount of $2,492 are UPHELD in the total amount of
$24,492.00.
2. This Final Decision and Order shall be served upon Sunset Oaks, LLC and upon
receipt hereof, the amount of Twenty-Four Thousand Four Hundred Ninety-Two Dollars and
00/100 Cents ($24,492.00) shall be paid to the Department of Environmental Quality within thirty
days as required by law.
This the 15th day of December, 2023.
ENVIRONMENTAL MANAGEMENT COMMISSION
/X�
JD Solomon , Chair
Environmental Management Commission

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CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Sunset Oaks, LLC Certified Mail/Return Receipt Requested
c/o William F. Taylor, Jr. Receipt#: 7002 3150 0000 1285 5478
7057 #1 Beach Drive SW
Ocean Isle Beach,NC 28469
William E. (Toby)Vinson, Jr., electronically: [e-mail]
Acting Director of DEMLR
Christine Hall, Regional Supervisor electronically: [e-mail]
Stormwater Program
Michael T. Lawyer, Supervisor electronically: [e-mail]
State Stormwater Program
Kieu Tran electronically: [e-mail]
Environmental Specialist I
This the 15th day of December, 2023.
JOSH STEIN
Attorney General
/s/Phillip T. Reynolds
Phillip T. Reynolds
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh,N.C. 27602