NC0028827_Remission Request_20190218

IrYrrug� arbor
on %ehs " �13ay
272 Highway 70 East
P.O. Box 150
Sea Level, NC 28577
252-225-4411 * 252-225-1670 fFtECElVEWDENR/DWR
February 18, 2019 FEB 2I 2019
Wastewater Branch Water' Resource,*
Division of Water Resources Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Discharge Monitoring Reports & Assessment of civil penalties
Dear Wastewater Branch Representative:
This letter is to request remission of charges/fines for SNUG HARBOR on
Nelson Bay for the months of May 2018, June 2018, July 2018, August 2018,
September 2018, October 2018, November 2018, and December 2018.
I am enclosing a copy of all test results on the wastewater that were
conducted during the months listed above. Please find it in your heart to
reduce the fines for SNUG HARBOR. Not only will the fines cause a
hardship for the facility, it will prevent us from being able to pay our vendor
who conducts these tests and Environment 1 Incorporated who sends the
tests results to vour office. Our testing operator, Joseph Behan told us
that he did try to send his reports to your office,,, but it would not go
through. -
We have contacted another wastewater operator who is willing to come out
and show our engineer how to send it to your office in the future via the
computer. The testing operator admitted that he was not familiar with how
to send the results through his computer. We will make every effort to help
him transmit future testing results to your office.
Our nursing home has gone through a lot this past year having to bear the
results of Hurricane Florence and evacuate this facility for almost two
months. The residents and employees had to be transferred to other
nursing homes throughout North Carolina. The managers made this
decision in order to protect everyone here at Snug Harbor. All the
evacuation process has cost Snug Harbor Thousands of dollars, since the
employees were still paid their salaries, rental of vans to transport all the
residents and employee hotel rentals while they were displaced and
working at the other nursing homes where the residents were transferred.
AM Form 10-2 Page 1 of 2

Not to mention the costs to get this facility ready and cleaned, rugs
shampooed, tarp placed on roof, inspected for safety, in order to transition
our residents and employees back home (Snug Harbor) again.
Please call me if you have any questions. I may be reached at 252-225-4411
Extension 224. 1 appreciate any consideration in this Request for
Remission of Civil Penalties. Thank you in advance for your understanding
and help in this matter.
Sincerely,
Mary H. t Ouse
Administrator
252-225-4411
Ext. 224
AM Form 10-2 Page 2 of 2

ROY COOPER NORTH CAS OLINA
Gavr Environmental Quality
MICRAEL S. REG-A
Secretan—
LD4DA CL�PEPPER
Imerim Dkrecror
Certified Mail # 7017 0190 0000 9524 0402
Return Receipt Req uested
January 08, 2019
Tom E Gatewood
Snug Harbor Management LLC
272 US Hwy 70 E
Sealevel, NC 28577
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO028827
Snug Harbor Management LLC
Snug Harbor on Nelson Bay WWTP
Case No. MV-20.19-0003
Carteret County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,417.15 ($1,280.00 civil
penalty + S137.75 enforcement costs) against Snug Harbor Management LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Snug Harbor Management LLC for the month of May 2018. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0028827. The violations, which occurred in May 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Snug Harbor Management LLC violated the terms,
conditions or requirements ofNPDES WW Permit No. NCO028827 and G.S. 143-215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
. E `
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2019-0003 County: Carteret
Assessed Party: Snug Harbor Management LLC
Permit No.: NC0028827 Amount Assessed: S 1.417.75
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 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. § 14313-282.1(c), remission of a 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).
X (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(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);
(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);
(d) the violator had not been assessed civil penalties for any previous violations;
�C (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 front performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Snug Harbor Management LLC )
Snug Harbor on Nelson Bay WWTP )
PERMIT NO. NCO028827 ) CASE NO. MV-2019-0003
Having been assessed civil penalties totaling $1.417.75 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated Januaa 08. 2019, 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 / 9T t day of J�/� 120
61
SIGNATURE
ADDRESS
TELEPHONE
��21 =44ZIll

_3L-
ROY COOPER NORTH CAROLINA
Governor Environmental Duality
NflCH.AEL S- REGkX-
Secretm,--
LINDA CULPEPPER
Interim Director
Certified Mail # 7017 0190 0000 9524 0402
Return Receipt Requested
January 08, 2019
Tom E Gatewood
Snug Harbor Management LLC
272 US Hwy 70 E
Sealevel, NC 28577
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO028827
Snug Harbor Management LLC
Snug Harbor on Nelson Bay WWTP
Case No. MV-2019-0004
Carteret County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of' S 1,657.75 ($1,520.00 civil
penalty + $137.75 enforcement costs) against Snug Harbor Management LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Snug Harbor Management LLC for the month of June 2018. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0028827. The violations, which occurred in June 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Snug Harbor Management LLC violated the terms,
conditions or requirements of NPDES WW Permit No. NCO028827 and G.S. 143-215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

JliSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2019-0004 County: Carteret
Assessed Party: Snug Harbor Management LLC
Permit No.: NCO028827 Amount Assessed: $1,657.75
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 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'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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(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);
(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);
(d) the violator had not been assessed civil penalties for any previous violations;
(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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVEHEARING ANL D
STIPULATION OF FACTS
Snug Harbor Management LLC )
Snug Harbor on Nelson Bay WWTP )
PERMIT NO. NCO028827 ) CASE NO. MV-2019-0004
Having been assessed civil penalties totaling $1,657.75 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 08 20191 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 /� day of
SIGNATURE
ADDRESS
i
TELEPHONE
20/9

RO'i COOPER NORTH CAROLINA
Govmwor Environmental Quality
"'MICRA- EL S. REG-A.N.
Secrstan,-
LIND A CULPEPPER
Interim Direstar
Certified Mail # 7017 0190 0000 9524 0402
Return Receipt Requested
January 08, 2019
Tom E Gatewood
Snug Harbor Management LLC
272 US Hwy 70 E
Sealevel, NC 28577
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO028827
Snug Harbor Management LLC
Snug Harbor on Nelson Bay WWTP
Case No. TW-2019-0005
Carteret County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S 1,092.75 (b955.00 civil
penalty + $13 7.75 enforcement costs) against Snug Harbor Management LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Snug Harbor Management LLC for the month of July 2018. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0028827. The violations, which occurred in July 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Snug Harbor Management LLC violated the terms,
conditions or requirements of NPDES WW Permit No. NCO028827 and G.S. 143-215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

JUSTIFICATION FOR REMISSION RE LEST
Case Number: MV-201.9-0005 County: Carteret
Assessed Party: Snug Harbor Management LLC
Permit No.: NC0028827 Amount Assessed: 51,092.75 `
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 Ilearing, 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 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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(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);
(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);
(d) the violator had not been assessed civil penalties for any previous violations;
(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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
Welt)WOOWNw : C
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Snug Harbor Management LLC )
Snug Harbor on Nelson Bay WWTP )
PERMIT NO. NCO028827 ) CASE NO. MV-2019-0005
Having been assessed civil penalties totaling $1,092.75 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 08, 2019, 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 / VA _ day of
SIGNATURE
ADDRESS
TELEPHONE
,5u - �1
20;q

ROY COOPER
Governor
MICI-LAEL S. REG-A-N
Secretary
L1,IDA CULPEPPER
Irrerim Director
Certified flail # 7017 0190 0000 9524 0402
Return Receipt Requested
Tom E Gatewood
Snug Harbor Management LLC
272 US Hwy 70 E
Sealevel, NC 28577
}4 �
Environmental Quality
January 08, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO028827
Snug Harbor Management LLC
Snug Harbor on Nelson Bay W WTP
Case '1vro. LTM.n2019-0007
Carteret County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S922.75 ($785.00 civil penalty
+ S137.75 enforcement costs) against Snug Harbor Management LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Snug Harbor Management LLC' for the month of August 2018. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0028827. The violations, which occurred in August 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Snug Harbor Management LLC violated the terms,
conditions or requirements of NPDES WW Permit No. NCO028827 and G.S. 143-215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
tiip+huar"Eair�r� wra orq�
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LNI-2019-0007 County: Carteret
Assessed Party: Snug Harbor Management LLC
Permit No.: NC0028827 Amount Assessed: 5922.75
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 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.I(c), remission of a 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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(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);
(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);
(d) the violator had not been assessed civil penalties for any previous violations;
(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:

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAItiST
Snug Harbor Management LLC
Snug Harbor on Nelson Bay WWTP
PERMIT NO. NC0028827
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMLMZSTRATIVE HEAREI G AIND
STIPI LATION OF FACTS
CASE NO. LM-2019-0007
Having been assessed civil penalties totaling $922.75 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January. 08, 2019, 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.
410
This the l9 day of , 20K?
jeV OL4�k�a
ll AV
SIGNATURE
ADDRESS
i
F ,
TELEPHONE

ROY COOPER NORTH CAROLINA
Gorernor Environmental Quality
N-IICHAEL J- REG_ktiF
Secremn:
LI DA CL-LPEPPER
Irterhn Director
Certified Mail # 7017 0190 0000 9524 0402
Return Receipt Requested
January 08, 2019
Tom E Gatewood
Snug Harbor Management LLC
272 US Hwy 70 E
Sealevel, NC 28577
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a)(6)
and NPDES WW Permit No. NCO028827
Snug Harbor Management LLC
Snug Harbor on Nelson Bay WWTP
Case No. MV-2019-0006
Carteret County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S 1,217.75 ($1,080.00 civil
penalty + $137.75 enforcement costs) against Snug Harbor Management LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Snug Harbor Management LLC for the month of September 2018. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit
No.NCO028827. The violations, which occurred in September 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude, as a matter of law that Snug Harbor Management LLC violated the terms,
conditions or requirements of NPDES WW Permit No. NCO028827 and G.S. 143-215. 1 (a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a pen -nit required by G.S.
143-215. 1 (a).
e:!:�--'D E
�r
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

JUSTIFICATION FOR REI2ISSION REOLTST
Case Number:-MV-2019-0006 County: Carteret
Assessed Party: Snug Harbor Management LLC
Permit No.: NC0028827 Amount Assessed: $1,217.75
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 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. § 14313-282. l (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).
IN (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);
(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);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidahle or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CARTERET
INT THE MATTER OF ASSESSMENT
}
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
}
ADMINISTRATIVE HFAR17�;G AND
STIPULATION OF FACTS
Snug Harbor Management LLC
)
Snug Harbor on Nelson Bay WWTP
}
}
PERMIT NO. NT00028827
)
CASE NO. MV-2019-0006
Having been assessed civil penalties totaling $1.217.75 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 08, 2019, 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
-r day of
ADDRESS
TELEPHONE

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
-MICKkEL S. REG-AN
secrerag,
LT\7D A CULPEPPER
Irwrim Director
Certified Mail # 7017 0190 0000 9524 0402
Return Receipt Requested
January 08, 2019
Tom E Gatewood
Snug Harbor Management LLC
272 US Hwy 70 E
Sealevel, NC 28577
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO028827
Snug Harbor Management LLC
Snug Harbor on Nelson Bay WWTP
Case No. MV-2019-0007
Carteret County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $897.75 ($760.00 civil penalty
+ $137.75 enforcement costs) against Snug Harbor Management LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Snug Harbor Management LLC for the month of October 2018. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit
No. NC0028827. The violations, which occurred in October 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Snug Harbor Management LLC violated the terms,
conditions or requirements of NPDES WW Permit No. NCO028827 and G.S. 143-215. 1 (a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
DEQ5
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2019-0007 County: Carteret
Assessed Party: Snug Harbor Management LLC
Permit No.: NC0028827 Amount Assessed: 5127.75
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 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. § 14313-282. 1 (c), remission of a 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);
(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);
(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);
(d) the violator had not been assessed civil penalties for any previous violations;
(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:

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Snug Harbor Management LLC
Snug Harbor on Nelson Bay WWTP
PERMIT NO. NCO028827
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMItii TISTRATIVE HEARING AND
STIED LATION OF FACTS
CASE NO. MV-2019-0007
Having been assessed civil penalties totaling S897.75 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 08, 2019, 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 / T� day of , 20/q
SIGNATURE
ADDRESS
TELEPHONE