WQ0013027_NOV-2022-LV-0943_20220127

Fortin Contract Service
P.O. Box 4188
Emerald Isle, NC 28594
Ph [phone] fax [phone]
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
` Date 0112712022
Ref' Notice of Violation and Assessment of Civil Penalty
Nitrogen Total Monthly limit exceeded October 2021
Permit # WQ0013027 Sea Isle Plantation North WWTP
Case No. LV-2022-0003
Carteret County
To whom it may concern:
The Mag meters in EQ tank at Sea Isle Plantation WWTP referenced
above failed and disabled the flow control. We spent (6) weeks trying to get a
control person to verify the problem.
Once, we got confirmation that the mag meter was non repairable, we had
also discovered the common tank mag meter was non -operational. (2) mag meters
were ordered for replacement.
Due to back log and Covid closings, we finally received the mag meters and
replaced the faulty ones calibrating the new meters on 111212022. At this time, it
was determined that both the EQ and Common tank transducers were bad. The
transducers were ordered on 01119122 and replaced the week of 01124122.
With these repairs done, we believe this should help in resolving the
exceedence of the monthly limit on Total Nitrogen. Any questions, please give me
a call at [phone].
Sly
Dan Fortin
Fortin Contract Service

lao,'/.2022 3: WM
DocklQn E;welope ID: 424aOF39-RA85-4F7B-9545.23AA42CABB78
No, 0026 P.
ROY COOPER
G~or
ELIZABSTH S. BISM
5c wvy
S. DANIEL SMITH
D&Wor
Certified Mail 9 7020 1290 0001 6718 3319
Return Receipt Requested
Amanda Mutch, Property Manager
Chalk and Gibbs
The Sea Isle Plantation North Property
PO Box 1079
Morehead City, NC 28557
a.�srvro�
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NORTH CAROLINA
KRYfMAMMfal Qu 1ftY
January 10, 2022
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non -discharge Permit No. W00013027
The Sea Isle Plantation North Homeowners Association
Sea Isle Plantation North WWTP
Case No. LV-2022.0003
Carteret County
5
T- A JA0-2o2Z
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Deer Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the aCpociateiori.
0.00 civil penalty
+ $140.56 enforcement costs) against The Sea Isle Plantation North Homeowners
This assessment is based upon the following facts: a review has been conducted of the Non -Discharge Monitoring
keport (NDMR) submitted by The Sea Isle Plantation North Homeowners Association for the month of October 2021.
This review has shown the subject facility to be in violation of the limitations and/or monitoring requirements found in
Non -discharge Permit No. W00013027. The violations, which occurred in October 2021, are summarized in Attachment
A to this letter.
Based upon the above facts, I conclude as a matter of law that The Sea Isle Plantation North Homeowners Association
violated the terms, conditions or requirements ofNon-discharge Permit No. WQ0013027 in the manner and extent Shown
in All 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).
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.an. 11. YV22 J:44PM
oocu8lyn Epvelope Ip:424,5bF3B•B9B5.4F78-8545.23AA42CR8878
No.0026 P. 2
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:
(t) 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 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 Hearin;, and Stipulation of Facts" form within thirty (30) days of receipt of this -
notice The Divisign 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699.1617

1a),11,1U22 3:45PM
Docu814'n Envelope ID: 4245DF3a-89B5.4F78-B545-23AA42CA587B
No, 0026 P. 3
JUSTIFICATION FOR REMISSION REQUEST
Case Number; LV-2022-0003 County: Carteret
Assessed Party: The Sea Isle Plantation North homeowners Association
PermitNo,: W00013027 Amount Assessed: U90.56
please use this form when requesting remission of this civil penalty. You must also complete the 'Bequest 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
stntements contained in the civil penalty assessment document. Pursuant Co N.C.G.S. § 14313.282.1(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),
(a) one or more of the civil penalty assessment factors in N.C.O.S. 143B-282.1(b) were wrongfrdly 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 (te., 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 (Le., explain
how payment of the. civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

Jan, 1 / ''2U'11 3:4h1`M No. 0026 P. 4
DocuSi©l) Envelope ID: 4245DF38-8985.4F78-B545.23AA42CA8B7B
ATTACHMENT A
The Sea Isle Plantation North Homeowners Association
CASE NUMBER: LV-2022-0003
PERMIT: WQ0013027
REGION:
Wilmington
FACILITY: Sea Isle Plantation North WWTP
COUNTY,
Carteret
LIMIT VIOLATIONS)
SAMPLE LOCATION!
Violation Report
Unit or Limit Calculated %Over
Violation Penalty
Date MonthlYr Parameter Frequency
Measure Value Value Limit
Type Amount
10/31/2021 10-2021 Nitrogen, Total (as N) Monthly
mg/I 10 13.84 38.4
Monthly $250,00
Average
Exceeded

327
PCONTRACT SERVICE lXk.� Yi 66301531
POo BOX SOX 4188 W`f�1 }� 362
EMERALD ISLE, NC 28594
PH. 252 3938720 HECK IIM
I:053L00300I:0034L224848011• 327L5