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Home My WebLink AboutWQ0042614_CV-2021-0001_Partial Remission_20211215DocuSign Envelope ID: FB91C65B-F3C1-4EB3-A2B8-8BA4EEBCB327 ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director Jeffrey L. Irvin, Member/Manager Shallotte Retail LLC 1340 Harding Place Charlotte, NC 28204 Dear Permittee: NORTH CAROLINA Environmental Quality 12/15/2021 SUBJECT: CIVIL PENALTY REMISSION REQUEST Shallotte HWY 17 Chick fila Private Pump Station Permit WQ0042614 Case No. CV-2021-0001 Brunswick County The Division has considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and has decided to modify the initial civil penalty assessment of $3,147.75 ($3,000 civil penalty plus $147.75 enforcement) to the total amount of $1.647.75. Should you choose to pay the modified penalty, payment should be tendered to me at the letterhead address within thirty (30) days of receipt of this letter. Please make checks payable to the NC Department of Environmental Quality. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The Committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the Committee, and the Division staff will argue against any reduction of the assessment. Should you choose to present your request to the Committee, please notify me at the letterhead address within thirty (30) days of the receipt of this letter. Your request will be placed on the agenda of an upcoming Committee meeting, and you will be notified of the date and time. If the Division does not receive a response regarding this notice, Division staff will automatically place your case on the agenda of a future Committee meeting. Thank you for your cooperation in this matter. If you have any questions, please contact Celeste Sugg at 919-707-3628 or Celeste.sugg@ncdenr.gov. NORTH CAROLINA Department of Environmental Quality Sincerely, ,-DocuSigned by: kictuti / " W UIkkl.W -C464531431644FE... For S. Daniel Smith Director, Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: FB91C65B-F3C1-4EB3-A2B8-8BA4EEBCB327 Attachment: DWR Civil Assessment Remission Factor Sheet (copy) & Request for Oral Presentation Sheet cc: Enforcement File No. CV-2021-0001 Wilmington Regional Office Laserfiche �D_E NORTH CAROLINA Department of Environmental Uaaii� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: FB91C65B-F3C1-4EB3-A2B8-8BA4EEBCB327 STATE OF NORTH CAROLINA COMMISSION COUNTY OF Brunswick IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Shallotte Retail LLC ENVIRONMENTAL MANAGEMENT DWQ Case Number CV-2021-0001 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS DE NORTH CAROLINA Department of Environmental auaI *' TELEPHONE ( ) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: FB91C65B-F3C1-4EB3-A2B8-8BA4EEBCB327 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: CV-2021-0001 Region: Wilmington Assessed Entity: Shallotte Retail Permit: WQ0042614 County: Brunswick ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Permittee States: Not applicable. The pump station was not in operation at the time of the NOV DWR Response: Correct ® (c) Whether the violation was inadvertent or a result of an accident: Permittee States: There was no deliberate intent to mislead anyone. The lack of communication and knowledge by the Engineering firm led to the Notice of Violation DWR Response: • The design firm and contractor used by the developer are both out-of-state firms (Kentucky & Georgia respectively) and unclear about the Architect. It seems that there was miscommunication between the Architect and the developer that lead to the violation. This is according to an e-mail on 11/20/2020 from the Town of Shallotte to the architect, where the Town alerted about the need of a permit by the state —the architect failed to notify the developer. • The Permittee and his consultants did work to address situation quickly after being alerted. The developer did apply for an Express state stormwater permit via DEMLR on 3-3-2021which got returned on 5-18-21; they reapplied on 9-17-2021 with issuance on 10-4-2021. • Mitigating factor for remission: The developer obtained a building permit (February 2021) without proof of a wastewater disposal permit. DWR considers this a mitigating factor, since the developer and contractor proceeded to construction since they did not receive a "red flag" at the time the building permit was issued. 171 (d) Whether the violator had been assessed civil penalties for any previous violations: Permittee States: No violations have been assessed in the past DWR Response: Correct according to our database. DE NORTH CAROLINA Department of Environmental auaI *' North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: FB91C65B-F3C1-4EB3-A2B8-8BA4EEBCB327 (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Original Penalty (without Enforcement Costs) $ 3,000.00 (enter amount) Partial Remission ii % 50 or $ 1,500.00 (amount remitted) Subtotal $ 1,500.0 £ D_E NORTH CAROLINA Department of Environmental Uaafi� Retaining Enforcement Costs $ 147.75 Total Revised Assessment $ 1,647.75 1- DocuSigned by: "-C464531431644FE_. For S. Daniel Smith Director, Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000