NC0003174_Civil Penalty Assessment_20230207

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
ROY COOPER' _-
Governor V
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
2/7/2023
CERTIFIED MAIL 70191120 00014877 5966
RETURN RECEIPT REQUESTED
Mr. Chris Fulcher
Fulcher's Point Pride Seafood
Post Office Box 250
Oriental, North Carolina 28571-0250
SUBJECT: ASSESSMENT of CIVIL PENALTIES
for Violations of North Carolina General Statute (G.S) 143-215.1(a)(1)
Fulcher's Point Pride Seafood Inc.
Case Number: DV-2022-0144
Pamlico County
Dear Mr. Fulcher:
This letter transmits a notice of a civil penalty assessed against Fulcher's Point Pride Seafood Inc. in the
amount of $21,588.98 ($20,000.00 civil penalty + $1,588.98 in enforcement costs).
This assessment is based upon the following facts: Washington Regional Office (hereinafter, WaRO)
received complaint that Fulcher's Point Pride Seafood Inc. (hereinafter, Fulcher's Seafood Inc.) was
performing in -water boat maintenance work, which results in a quantity of paint and sanding debris
entering the Oriental Harbor on 2/12/2022. WaRO staff conducted a site inspection on 2/14/2022 and
issued an NOV/NOI on 2/28/2022. On 3/2/2022, WaRO received another complaint of Fulcher's Seafood
Inc. conducting in -water boat maintenance work while anchored in the Neuse River, paint dust and
particulates were observed on surface waters in the vicinity of vessel. WaRO staff performed another site
inspection on 3/3/2022 and issued a second NOV/NOI on 3/21/2022. Fulcher's Seafood Inc. does not
have an authorized permit to discharge wastewater from boat maintenance activities into the Neuse River
or Racoon Creek. Site inspections and additional information has shown the subject facility to be in
violation of the conditions found in G.S. 143-215.1(a)(1).
The State's enforcement costs in this matter may be assessed against Fulcher's Seafood Inc. pursuant to
NCGS. 143-215.3(a)(9) and NCGS 14313-282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that Fulcher's Seafood Inc. violated the terms
and conditions of G.S. 143-215.1(a)(1) in the manner and extent shown above. 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).
DE Q ,fJ North Carolina Department of Environmental Quality I Division of Water Resources512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA (J1(�.'�O'�.(�OQO
Department of Emlmnmenfal Duali�

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
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 hereby make the following civil penalty assessment against Fulcher's Seafood Inc.:
$ 20,000.00 For 2 of 2 violation(s) of NC G.S. 143-215.1(a)(1) for making any outlets into
the waters of the State.
$ 1,588.98 Enforcement Costs
$ 21,588.98 TOTAL AMOUNT DUE
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. 14313-282.1(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 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 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 -
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 14313-282.1(b) was
D E Q�� 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
NORTH CAROLINA 919.707.9000
Depanmem of Envlmnmenml Dual

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 original and
one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be faxed provided the original and one copy of the document is received in the Office of Administrative
Hearings within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
D E Q�� 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
NORTH CAROLINA 919.707.9000
Depanmem of Envlmnmenml Dual

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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 have any questions about this letter, please contact John Hennessy at 919-707-3615 or via e-mail at
[e-mail].
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
Richard E. Rogers, Jr.
Director, Division of Water Resources
cc: NPDES Enforcement File: DV-2022-0144 — Laserfiche
NCDEQ Washington Regional Office — Laserfiche
D E Q�� 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
NORTH CAROLINA 919.707.9000
Depanmem of Envlmnmenml Dual

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL
COUNTY OF PAMLICO
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
FULCHER'S POINT PRIDE SEAFOOD INC.
FULCHER'S POINT PRIDE SEAFOOD
QUALITY
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2022-0144
Having been assessed civil penalties totaling $21,588.98 for violation(s) as set forth in
the assessment document of the Division of Water Resources dated February 7, 2023, 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 , 20
PRINTED NAME
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: DV-2022-0144
Assessed Entity: Fulcher's Point Pride Seafood Inc.
Permit No.: NC0003174
County: Pamlico
Amount Assessed: $21,588.98
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. § 14313-282. 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. 14313-282. 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: AD130082-2004-44A0-AF37-953470EDE6F0
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Fulcher's Point Pride Seafood Inc. — Fulcher's Point Pride Seafood
County: Pamlico
Case Number: DV-2022-0144
ASSESSMENT FACTORS
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;
Fulcher's Point Pride Seafood Inc. allowed unpermitted discharges to the Neuse River, a SA;HQW,NSW
stream in the Neuse River Basin. Paint and sanding debris were observed on surface waters and in vicinity of
the boat, with photo and video evidence submitted by concerned citizens and WaRO staff.
2) The duration and gravity of the violation;
The discharge from the in -water boat maintenance contains paint and sanding debris, which posed a significant
health and environmental hazard. The duration of the work is undetermined, but similar violations has occurred
multiple times. Following a February 2022 incident, where the company representative was informed of
violations created by subject activities, Fulcher's Point Pride Seafood, Inc. continued with similar in -water
boat maintenance activities in March 2022. No effort was observed to prevent or minimize particulate drift
into waters.
3) The effect on ground or surface water quantity or quality or on air quality;
Paint and sanding debris were observed trailing from the vessel on surface waters encompassing an area of
approximately 75,000 square feet (50'x1500'), which posed a significant health and environmental hazard to
the aquatic life and water quality of the Neuse River.
4) The cost of rectifying the damage;
Inadequate data exists to determine the exact amount of costs to rectify the damage. The main costs would be
performing stream clean-up for the contaminated waters.
5) The amount of money saved by noncompliance;
Inadequate data exists to determine the exact amount saved by noncompliance. The amount of money saved
would have been the amount saved by not moving the boat elsewhere for the maintenance work. Maintenance
work as performed, which contributed to the violations, would normally be performed and is better suited to be
conducted in a boat maintenance yard that is equipped to accommodate such work. Although exact savings are
unknown for performing on -site in -water maintenance work, the cost of maintenance work conducted at a
commercial boat yard would be significantly higher and may easily be in the thousands to tens of thousands
range. Additionally, losses incurred from lost vessel productivity due to extended down times while in for
scheduled boat yard work were likely avoided by performing on -site in -water work.
6) Whether the violation was committed willfully or intentionally;
After the first violation reported on February 12, 2022, the Division has issued an NOV/NOI to Fulcher's
Seafood Inc. and required remedial actions. However, Fulcher's Seafood Inc. continued to perform another in -
water boat maintenance on March 2, 2022, while changing the work location. The second violation appears to

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
be willful given that Fulcher's Seafood Inc. has been notified about the first violation, yet they still conducted
another in -water boat maintenance with only the location changed.
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
NOV & NOD:
NOV-2018-LM-0068 —November 2017
TRC and pH Monitoring Frequency Violation
Oil & Grease Limit Violation (133% over monthly average)
NOV-2018-MV-0122 -December 2017
TRC and pH Monitoring Frequency Violation
NOV-2018-LR-0056 - June 2018
Late/Missing DMR
NOV-2018-LR-0057 - July 2018
Late/Missing DMR
NOV-2018-LR-0058 —August 2018
TRC, pH, flow, oil & grease, TSS Monitoring Frequency Violation
Late/Missing DMR
NOV-2018-LR-0059 — September 2018
Late/Missing DMR
NOV-2019-LR-0009 — October 2018
Late/Missing DMR
NO V-2019-LR-001 0 — November 2018
Late/Missing DMR
NOV-2019-LR-0011 —December 2018
Late/Missing DMR
NOV-2019-LR-0053 —January 2019
Late/Missing DMR
NOV-2019-LR-0054 — February 2019
Late/Missing DMR
NOV-2019-PC-0147 —February 2019
Failure to use eDMR system
NOV-2019-LR-0055 —March 2019
Late/Missing DMR
NOV-2019-LR-0056 — June 2019
Late/Missing DMR
NO V-2019-LR-01 19 — September 2019
Late/Missing DMR
NOV-2020-LR-0001— October 2019
Late/Missing DMR
NOD-2021-LR-0008 — May 2020
Late/Missing DMR
NOD-2021-LR-0011—June 2020
Late/Missing DMR
NOV-2021-LV-0642 — August 2020
D.O. Limit Violation (21% under daily minimum)
NOV-2021-LM-0076 — September 2020
D.O. Limit Violation (49% under daily minimum)
TN and TP Monitoring Frequency Violation
Late/Missing DMR
NOV-2021-LR-0041— October 2020
Late/Missing DMR
NOV-2021-LV-0643 — November 2020

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
D.O. Limit Violation (29% under daily minimum)
Late/Missing DMR
NOV-2021-LR-0042 —December 2020
Late/Missing DMR
NOV-2021-LR-0043 — May 2021
Late/Missing DMR
NOV-2022-PC-0063 —February 2022
In -water boat maintenance
Incident Report:
Apparent overfill of AST on 10/1/2002
Petroleum spill in Gideon's Creek (Meuse River) on 2/11/2003
In -water boat maintenance on 4/20/2002
In -water boat maintenance on 7/21/2017
In -water boat maintenance on 5/23/2019
8) The cost to the State of the enforcement procedures.
$ 1,588.98
❑The assessment factors listed above were considered. However, since this case pertains to the
non -submittal of required information, impacts are unknown.
2/7/2023
Date
DocuSigned by:
8328B44CE9EB4A1...
John Hennessy, Supervisor
Water Quality Permitting Section
Division of Water Resources, NC DEQ

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
STATE OF NORTH CAROLINA
COUNTY OF PAMLICO
IN THE MATTER OF
CASE NO. DV-2022-0144
FULCHER'S POINT PRIDE SEAFOOD, INC
FOR VIOLATIONS OF:
§ 143-215.1(a)(1)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, John Hennessy, of the Division
of Water Resources (hereby known as DWR), make the following:
I. FINDING OF FACT
A. Fulcher's Point Pride Seafood Inc. (hereinafter, Fulcher's Seafood Inc.) is a person
organized and existing under the laws of the State of North Carolina.
B. On January 8, 2020, Fulcher's Seafood Inc. was issued NPDES Permit Number
NC0003174 effective February 1, 2020, for the operation and maintenance of a
wastewater treatment plant located at the Fulcher's Point Pride Seafood, with the
discharge of treated effluent into Raccoon Creek, classified as SC; NSW; HQW in the
Neuse River Basin, in accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina.
C. The Neuse River is classified as SA;HQW,NSW in the Neuse River Basin.
D. On February 12, 2022, Washington Regional Office (hereinafter, WaRO) of the Division
of Water Resources (hereinafter, DWR) received complaint that Fulcher's Seafood Inc.
was conducting in -water boat maintenance in the Oriental Harbor. WaRO staff conducted
a compliance inspection on the facility on February 14, 2022. Based on the inspection,
WaRO staff was able to determine that:
• Fulcher's Seafood Inc. was conducting in -water work on the FV Chasity Brooke on
February 12, 2022, resulting in a quantity of paint and sanding debris entering the
Oriental Harbor.
• The Oriental Police Department provided photo and video evidence of the boat work
being conducted on February 12, 2022. WaRO staff documented the provided evidence in
the incident report.
• During the compliance inspection, no signs of debris were observed in the surface
water by WaRO staff. Conversation with Mr. Chris Fulcher, the Owner of Fulcher's
Seafood Inc., indicated that Mr. Fulcher was not on site during the time of violation, and
he stopped the boat work when he was notified by the Oriental Police Department.
E. On March 2, 2022, WaRO issued a Notice of Violation/Notice of Intent to Enforce
(hereinafter, NOV/NOI) (NOV-2022-PC-0063) to Fulcher's Seafood Inc. This NOV/NOI
was issued in response to findings from the inspection on February 14, 2022.

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
F. On March 2, 2022, WaRO received another complaint of Fulcher's Seafood Inc. and
conducted a site visit on the same day. WaRO staff conducted another site inspection on
March 3, 2022 and observed the following:
• Fulcher's Seafood Inc. was conducting in -water boat maintenance work on FV
Gaston Bell while anchored in the Neuse River, activities include sand blasting.
Paint dust and particulates were observed on the surface waters in the vicinity of
the vessel.
• Photo evidence of the boat work being done on March 2, 2022 were provided by
concerned citizens. WaRO staff obtained additional photo and video evidence of
the boat work being done on March 3, 2022. All evidence was reviewed in
preparation of this case and has been documented in the incident report.
G. On March 23, 2022, WaRO issued another Notice of Violation/Notice of Intent to
Enforce (NOV-2022-DV-0071) to Fulcher's Seafood Inc. This NOV-NOI was issued in
response to observations from inspections on March 2, 2022 and March 3, 2022.
H. Fulcher's Seafood Inc. holds NPDES Permit No. NC0003174, which allows Fulcher's
Seafood Inc. to discharge processed wastewater into Raccoon Creek. The permitted
processed effluents include:
• Outfall 001: Non -process -contact wastewater as seafood "washing and packing only"
and/or boiler blowdown, non -process -contact cooling water and/or similar wastewaters;
• Outfall 002: Crab processing;
• Outfall 003: Shrimp processing;
• Outfall 004: Fish Processing
The current NPDES permit does not authorize discharge of sanding and painting debris
from boat maintenance activities into the Neuse River.
I. North Carolina General Statute 143-215.1(a)(1) states:
(a) Activities for Which Permits Required. - Except as provided in subsection (a6) of
this section, no person shall do any of the following things or carry out any of the
following activities unless that person has received a permit from the Commission and
has complied with all conditions set forth in the permit:
(1) Make any outlets into the waters of the State.
The cost to the State of the enforcement procedures in this matter totaled $21,588.98.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSION OF LAW
A. Fulcher's Seafood Inc. is a `person' within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212 (4).
B. The Neuse River is located at the site constitutes waters of the State within the meaning of
G.S. 143-212 (6).

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
C. Fulcher's Seafood Inc. was issued NPDES Permit No. NC0003174 in accordance with
G.S. 143-215.1(a) for the operation and maintenance of a wastewater treatment plant and
the discharge of wastewater in compliance with permit limits and conditions.
D. On February 12, 2022 and March 2, 2022, Fulcher's Seafood Inc. violated NC G.S. 143-
215.1(a)(1) for making unpermitted outlets into the Neuse River. The current NPDES
permit that Fulcher's Seafood Inc. holds does not permit discharge from boat maintenance
activities into the Neuse River.
E. Fulcher's Seafood Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A (a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation per day may be assessed against a person who is required
but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or
fails to act in accordance with the terms, conditions, or requirements of such permit or any
other permit or certification issued pursuant to authority conferred by this Part.
F. The State's enforcement cost in this matter may be assessed against Fulcher's Seafood Inc.
pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282.1(b)(8).
G. John Hennessy of the Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of
Water Resources, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Fulcher's Point Pride Seafood Inc. is hereby assessed a civil penalty of:
$ 20,000.00 (2) of (2) violation of NCGS 143-215.1(a)(1) by making any outlets into the
waters of the State.
$ 20,000.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 1,588.98 Enforcement Cost
$ 21,588.98 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out
in 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 violations;
(2) The duration and gravity of the violations;
(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 violations were committed willfully or intentionally;

DocuSign Envelope ID: AD130082-2004-44A0-AF37-953470EDE6F0
(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.
DocuSigned by:
2/7/2023 E83281344CEKMAII...
0.
Date John Hennessy
Division of Water Resources