WQCS00209_DV-2020-0161 Transmittal_20201210

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
NORTH CAROLINA
Environmental Quality
December 10, 2020
CERTIFIED MAIL 7010 2780 0003 4825 8957
RETURN RECEIPT REQUESTED
Mr. Raymond Gottlieb, Managing Partner
Sandler Utilities at Mill Run, LLC
448 Viking Drive; Suite 228
Virginia Beach, VA 23452
SUBJECT: Assessment of Civil Penalties for Violations of
Collection System Permit WQCS00209
Sandler Utilities at Mill Run, LLC — Eagle Creek Collection System
Case Number DV-2020-0161
Currituck County
Dear Mr. Gottlieb:
This letter transmits notice of a civil penalty assessed against Sandler Utilities at Mill Run, LLC in the
amount of $62,517.96, including $2,517.96 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under
the authority vested in me pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of:
Water Quality Permitting Section — Attention: Ms. Wren Thedford
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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
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DV-2020-0161 Civil Penalty Assessment
Sandler Utilities at Mill Run, LLC
p. 2
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of:
Water Quality Permitting Section — Attention: Ms. Wren Thedford
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:
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. Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement
that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at
the address listed below. In determining whether a remission request will be approved, the following
factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Resources will review your evidence
and inform you of his decision in the matter of your remission request. The response will provide
details regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of
the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.

DV-2020-0161 Civil Penalty Assessment
Sandler Utilities at Mill Run, LLC
p. 3
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you
complete and submit the enclosed "Justification for Remission Request." Both forms should be
submitted to the following address:
Water Quality Permitting Section — Attention: Ms. Wren Thedford
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for
an administrative hearing. Instructions for filing a contested case petition, as well as additional
information concerning the Office of Administrative Hearings, filing fees for a contested case petition,
and the appeal process may be found on the official website for the Office of Administrative Hearings
at https://www.oah.nc.gov/. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the
Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings. The petition may be faxed or submitted electronically, provided the
transmission meets all criteria established by the Office of Administrative Hearings (including
payment of applicable fees) for a complete submittal. The mailing address for the Office of
Administrative Hearings is:
Office of Administrative Hearings
1711 New Hope Road
Raleigh, NC 27609
Telephone [phone] Facsimile: [phone]
Mail or hand -deliver a copy of the petition to each person listed below
Mr. William F. Lane, General Counsel Mr. Bob Sledge
Department of Environment and Natural Resources DWR Wastewater Branch
1601 Mail Service Center 1617 Mail Service Center
Raleigh, North Carolina 27699-1601 Raleigh, North Carolina 27699-1617
Please indicate the case number (as found on page one of this letter) on the petition.

DV-2020-0161 Civil Penalty Assessment
Sandler Utilities at Mill Run, LLC
p. 4
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please be
advised that additional penalties may be assessed for violations that occur after the review period of
this assessment.
If you have any questions about this matter, please contact Bob Sledge at [phone], or via email
at [e-mail].
Sincerely,
DocuSigned by:
Pbtryf
8F6196649DD2478...
Jeffrey O. Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
Attachments
cc: Bob Sledge - Enforcement File
ec: Washington Regional Office — WQ Regional Operations Section
Jeff Poupart
Mike Montebello
Public Staff Utilities Commission — Mike Franklin