WQ0042614_CV-2021-0001_20210805

DocuSign Envelope ID: 99370B37-C24A-4EOF-BDE8-AC4A37DO2Bl2
ROY COOPER
Governor
ELIZABETH BISER
Secretary
S. DANIEL SMITH NORFH cAgO-I A
Director Envirc mere {d �2U01ily
August 5, 2021
CERTIFIED MAIL #7018 1830 0000 9681 6835
RETURN RECEIPT REQUESTED
Jeffrey L Irvin, Member/Manager
Shallotte Retail LLC
1340 Harding Place
Charlotte, NC 28204
Subject: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143 215.1(a)(6)
Case No. CV-2021-0001
Issued Permit No: WQ0042614
Shallotte Hwy 17 Chickfila Private Pump Station
2900 Frontage Road NW (Shallotte)
Brunswick County
Dear Mr. Irvin:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,147.75
($3,000.00 civil penalty + $147.75 enforcement costs) against the Shallotte Retail LLC.
This assessment is based upon the following facts:
1. Shallotte Retail LLC initiated construction of a sewer system without a valid permit in violation of
NC General Statute 143.215.1(a)(2).
2. On June 7, 2021, a regional office staff member with the Division passing by the site noted the
ongoing construction of the above project on June 7, 2021 which included the observation that a
pump station wetwell and supports for its control panel had already been installed. That staff
member did not recall issuing a permit or seeing a permit issued for the site.
3. A subsequent search of the Division's database found no active permit for the subject sewer
system only finding a state stormwater permit had been applied for on March 3, 2021 which was
subsequently returned as incomplete on May 18, 2021 by the Division of Energy, Minerals, & Land
Resources whom shares our database.
4. It is unclear how the site received a building permit given it lacked a septic permit or sewer permit
to handle its wastewater and a state stormwater permit for dealing with stormwater runoff.
5. Shallotte Retail LLC applied for a permit to obtain the subject sewer permit on June 15, 2021. The
Division issued the permit on July 2, 2021.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov

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6. The Division issued a Notice of Violation w/Intent to Assess a Civil Penalty (NOV-2021-CV-0016)
on July 2, 2021 and a response to the notice was received from Shallotte Retail LLC on July 6, 2021.
Based upon the above facts, I conclude as a matter of law that the Shallotte Retail LLC violated NC General
Statute 143-215.1(a)(2) for initiating construction of a sewer system without a permit. 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources, I, Morella Sanchez -King, Regional Supervisor in the Wilmington Regional Office hereby make
civil penalty assessment against the Shallotte Retail LLC as outlined in Attachment A.
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (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: Municipal Permitting Branch Supervisor
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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Option 2: Submit a written request for remission or mitigation 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-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(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 had 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.
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:
Municipal Permitting Branch Supervisor
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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Option 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. You may obtain the petition form from the Office of
Administrative Hearings. 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions)
- provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days
following the faxed or electronic transmission. You should contact the Office of Administrative
Hearings with all auestions regarding the filing fee and/or the details of the filing Drocess.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are
as follows:
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Willam F. Lane, General Counsel
NC Dept of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
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 should have any questions, please do not hesitate to contact me via the letterhead contact
information or via email at [e-mail].
Sincerely,
DocuSigned by
Moullk S,�•c�� K;a.&
E3ABA14AC7DC434_
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Wilmington Regional Office — Hunkele (w/attachments)
Upload to Laserfiche (w/attachments)

DocuSign Envelope ID: 99370B37-C24A-4EOF-BDE8-AC4A37D02Bl2
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),
(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:

DocuSign Envelope ID: 99370B37-C24A-4EOF-BDE8-AC4A37DO2Bl2
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BRUNSWICK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
SHALLOTTE RETAIL LLC
PERMIT NO. WQ0042614
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
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 day of 120
SIGNATURE
ADDRESS
TELEPHONE