WQ0042614_Remission Request (CV-2021-0001)_20210910

SHALLOTTE RETAIL, LLC
1340 Harding Place
Charlotte,NC 28204
RECEIVED
SEP 10 2021
September 3, 2021
NCDEQIDWRINPDES
Municipal Permitting Branch Supervisor
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: REQUEST FOR REMISSION OF CIVIL PENALTIES
DWR CASE NO: CV-2021-0001
To the Director of the Division of Water Resources,
I am writing to formally request a remission to the civil penalty assessed to Shallotte
Retail, LLC as detailed in the attached Notice of Violation and Assessment of Civil
Penalty received by my office on August 16, 2021. Below is a copy of the letter that I
sent to Mr. Tom Tharrington after being alerted of a pending NOV (Tracking Number:
NOV-2021-CV-0016) from Mr. Dean Hunkele, via e-mail on July 6, 2021. I believe this
letter sums up our case for a remission:
Mr. Tharrington,
I am writing to respond to the above referenced Notice of Violation concerning the
unauthorized construction work associated with the installation of a private pump station
for the proposed Chick-Fil-A restaurant located at 2900 Frontage Road in Shallotte,
North Carolina. First of all, let me apologize for proceeding with construction activities
without having the appropriate permits in hand. I can assure you that there was no intent
to shirk responsibility or deliberately mislead anyone with our actions. Our situation can
be traced back to a lack of communication by a member of my design team. Back in
November of 2020 the Architect of Record, James J. Dudley, failed to forward to our
civil engineer an e-mail from Debra Horne with the Town of Shallotte indicating that the
private pump station associated with the project would require permit review by the State.
The civil engineer, Carter Engineering, was not aware that the pump station required state
permit review and subsequently none was applied for. A building permit was issued by
Brunswick County in early February, 2021 and construction on the project commenced
shortly thereafter. It wasn't until Mr. Dean Hunkele with your office passed by the site in
early June that our team was made aware that we were involved in unauthorized
construction—the attached e-mail string is provided for context. It includes an e-mail

from June 8 from Mark Campbell, civil engineer with Carter Engineering, to the AOR
asking if a pump station information had been submitted to the state, which obviously it
had not. It also includes earlier e-mails that unfortunately never made their way to Mr.
Campbell that would have let him know the pump station required state permit review.
Once our transgression was realized, the AOR immediately led an effort to "make things
right". He reached out to Mr. Hunkele, David Bowman with the Town of Shallotte and
William Pinnix with Brunswick County, in an effort to assemble all the associated
documentation with the permit application. Mr. Dudley mentioned to me on several
occasions how helpful and accommodating Mr. Hunkele, Mr. Bowman and Mr. Pinnix
were in both executing the application and assembling the other materials required. Our
team is grateful for your office's cooperation during the permit submittal process.
In summation, our team was notified of the violation on Tuesday, June 8. The AOR
submitted the application and associated materials to the attention of Mr. Hunkele via
express delivery the following Tuesday, June 15. I feel that we did everything in our
power to rectify our mistake and have acted in good faith since being made aware of our
oversight. Our team can offer no excuse, as we should have been more diligent during the
permitting phase of the project. Again, I offer my sincere apology for our team's
missteps.
Please let me know if there is anything else that you need from my team regarding this
matter.
Best wishes,
Jeffrey L. Irvin
Member/Manager
Shallotte Retail, LLC

DocuSign Envelope ID:99370B37-C24A-4E0E-BDE8-AC4A37D02B12
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BRUNSWICK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
SHALLOTTE RETAIL LLC )
STIPULATION OF FACTS
)
PERMIT NO.WQ0042614 ) CASE NO. CV-2021-0001
Having been assessed civil penalties totaling $3,147.75 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated August 5, 2021, 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 27th day of August 2021
ADI
Concord Properties(Shallotte Retail LLC)
1340 Harding Place
RECEIVED Charlotte, NC 28204
SEP 1 0 2021
NCDEQ/DWR/NPDES
TELEPHONE
704.405.9400

From: idudleva12345Caomail.com
To: "Lillie Childers";"Richard Collier";"Mark Campbell"; "Steve Gill"
Cc: "Jeff Irvin"
Subject: RE:Shallotte,NC-NOV&Assessment of Civil Penalty-Pump permit
Date: Monday,August 16,2021 12:00:47 PM
Lillie,
In reviewing the document and"Findings of Fact and Conclusions of Law and
the factors set forth at G.S. 143B-282.1(b)",it would appear to me that
item 8 is the only item that would really be applicable to our case.Items
1,2 and 4 are irrelevant because the system was not in operation.The same
could be said about Item 2,however we were working on the system without a
permit.But we attempted to rectify that situation as fast as we could.I
don't think items 5 and 6 are applicable because the GC was not aware that a
state permit was required,plus the county issued the building permit
allowing us to start work.Re item 7,I can't speak for Buffalo,but would
bet that Concord Properties has not been a prior violator of state
environmental statutes.
Maybe inquiring about a hearing would be the best first step from here.
Glad to discuss further.
Jimmy
Original Message
From:Lillie Childers<[e-mail]>
Sent:Monday,August 16,2021 9:02 AM
To:Richard Collier<[e-mail]>;'Mark Campbell'
<[e-mail]>;'Jimmy Dudley([e-mail])'
<[e-mail]>;Steve Gill<[e-mail]>
Cc:Jeff Irvin<[e-mail]>
Subject:Shallotte,NC-NOV&Assessment of Civil Penalty-Pump permit
We received the attached notice of violation and assessment of civil penalty
for the pump on Friday,8/13/21. Penalty is$3,147.75. We have 30 days to
do one of the following:
1. Submit payment of the penalty
2. Submit a written request for remission
3. Submit a written request for administrative hearing
Please review and let us know your thoughts on same.
Thank you,
Lillie Childers
Concord Properties,Inc.
1340 Harding Place
Charlotte,NC 28204

From: Mark Campbell
To: Jimmy Dudley
Subject: FW: Draft copy of the Zoning Compliance Permit Application
Date: Tuesday,June 8,2021 8:49:25 AM
Attachments: imaue001.onq
Jimmy,
Good morning. Please see the email chain below.
Can you please confirm if the pump station information for the Shallotte NC CFA project was
submitted to the state?
Thank you.
Mark Campbell, P.E.
Carter Engineering Consultants,Inc.
3651 Mars Hill Road,Suite 2000
Watkinsville,GA 30677
tel.[phone]
cell.706.207.8652
markPcarterengineering.net
www.carterengineering.net
From: Robert Waring<[e-mail]>
Sent:Tuesday,June 8, 2021 8:39 AM
To: Mark Campbell <[e-mail]>
Cc: Debra Horn <[e-mail]>; Mimi Gaither<[e-mail]>
Subject: FW: Draft copy of the Zoning Compliance Permit Application
Mark,
The Town received a call from the Dean Hunkele at NCDEQ about the Shallotte Chic Fillet site.
Can you let Debra and I know if the private sewer pump station has been permitted with the State?
Thanks,
Robert Waring
Assistant Town Manager
Planning Director
Town of Shallotte
106 Cheers Street, Shallotte, NC 28470
(P) 910-754-4032, (F) 910-754-2740
From: [e-mail] [mailto:[e-mail]]
Sent:Tuesday,June 8, 2021 8:31 AM
To: Robert Waring<[e-mail]>; Mimi Gaither<mgaither(aJtownofshallotte.org>
Subject: FW: Draft copy of the Zoning Compliance Permit Application

See below,
Debra Horn, CZO
Development& Regulatory Compliance Manager
Zoning Administrator
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.,.,. , --..-
Town of Shallotte
PO Box 2287
Shallotte NC 28459-2287
910-754-4032 Phone
910-754-2740 Fax
From: [e-mail]<[e-mail]>
Sent: Friday, November 20, 2020 3:27 PM
To: 'Lillie Childers' <[e-mail]>
Subject: RE: Draft copy of the Zoning Compliance Permit Application
Lillie
A duplex pump is a tank that holds the sewer until it is pumped into the town's sewer system.
This tank has 2 pumps instead of one, which the state requires for all commercial buildings.
Each duplex has to be permitted by the state.
Hope this helps.
Debra Horn, CZO
Development & Regulatory Compliance Manager
Zoning Administrator
rR
Town of Shallotte
PO Box 2287
Shallotte NC 28459-2287

910-754-4032 Phone
910-754-2740 Fax
From: Lillie Childers<IchildersPcp-nc.com>
Sent: Friday, November 20, 2020 3:11 PM
To: [e-mail]
Subject: RE: Draft copy of the Zoning Compliance Permit Application
Jimmy,
What's a duplex pump?
Thank You,
Lillie Childers
Concord Properties
1338 Harding Place, Ste 100
Charlotte, NC 28204
704.405.9400 x2
[e-mail]
From: dphornPatmc.net<dphornCJatmc.net>
Sent: Friday, November 20, 2020 3:10 PM
To:jdudleya12345Pgmail.com
Cc: Lillie Childers <IchildersPcp-nc.com>
Subject: RE: Draft copy of the Zoning Compliance Permit Application
Jim,
Per our phone conversation earlier today, we will need the name of the contractors and the sub-
contractors in order to complete the zoning application.
All fees must be paid and any requirement made by town Planner or Board must be satisfied prior to
issuing a zoning permit.
WQ numbers will be issued by the State at the time the duplex pump is permitted.
Please let me know if I can be of any further assistance.
Debra Horn, CZO
Development & Regulatory Compliance Manager
Zoning Administrator

11114
. 14 -'
_____
-i,.. ,:,:,:,
Town of Shallotte
PO Box 2287
Shallotte NC 28459-2287
910-754-4032 Phone
910-754-2740 Fax
From:[e-mail] <[e-mail]>
Sent: Friday, November 20, 2020 10:41 AM
To: dphornPatmc.net
Cc: 'Lillie Childers' <[e-mail]>
Subject: Draft copy of the Zoning Compliance Permit Application
Ms. Horn,
I have taken a stab at filling out most of the Zoning Compliance Permit Application for the proposed
Chick-Fil-A project. As indicated in my earlier voice message, I have a few questions about some of
the requested information, in particular if Contractor information is required at this point—the
project is currently out to bid and a GC has not been named. Also, there is a request for Water
Quality information. Can you direct me to a resource where I can obtain that information for this
site?
Many thanks for your assistance.
Jimmy Dudley

DocuSign Envelope ID:99370B37-C24A-4E0E-BDE8-AC4A37D02B 12
JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: CV-2021-0001 County: Brunswick
Assessed Party: Shallotte Retail LLC
Permit No.: WQ0042614 Amount Assessed: $3,147.75
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); N/A, the pump station was not in operation at the time of the NOV.
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;
(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:
Please see the attached explanation with accompanying support documents (e-mails).