WQ0022725_CPA Letter - PC-2024-0029_20241018

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Slash Creek Condominium Homeowners Association
Facility Name: Slash Creek WWTP
Permit Number: W00022725
County: Dare
Case Number: PC-2024-0029
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;
Harm is unknown as the monitoring reports are missing for review. This causes a delay in addressing potential harm.
2) The duration and gravity of the violation;
The April 2024 NDMR and NDAR-1 were not submitted.
3) The effect on ground or surface water quantity or quality or on air quality;
Monitoring reports are missing for review.
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Any amount saved by non-compliance is de minimis.
6) Whether the violation was committed willfully or intentionally;
WaRO does not believe the violations were committed willfully.
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
The violator received one NOD for Ammonia exceedance in 08-2023 and one NOV for BOD and Ammonia exceedances
in 01-2024. The violator received one NOD for 02-2024 for missing a field site. The violator received one NOV for
missing a field -site in 03-2024 and NOVs for missing/late NDMRs and NDAR-1 s for 05-2023, 06-2023, 09-2023,
10-2023, and 11-2023.
8) The cost to the State of the enforcement procedures.
$140.67
10/18/2024 Pow T
Date Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
cavernor
MARY PENNY KELLEY
, eov ary
RICHARD E. ROOERS JR.
Urec for
Certified Mail # 7022 1670 0000 9974 9409
Return Receipt Requested
NORTH CAROLINA
Environmental Quality
October 17, 2024
Shannon Bracy
Slash Creek Condominium Homeowners Association
PO Box 1465
Kitty Hawk, NC 27949
SUBJECT: Assessment of Civil Penalty
for Violations of the Reporting Requirements
Case No. PC-2024-0029
Slash Creek WWTP
Non -discharge Permit No. WQ0022725
Dare County
Dear Ms. Bracy:
This letter transmits a notice of a civil penalty assessed against Slash Creek Condominium Homeowners
Association in the amount of $640.67 (includes $140.67 in enforcement costs).
This assessment is based upon the following facts: the April 2024 Non -Discharge Monitoring Report (NDMR) and
Non -Discharge Application Report (NDAR-1) were not filed with the Division of Water Resources within the thirty
(30) calendar days after the end of the reporting period for which the report is made [per 15A NCAC 02B .0506].
Report Period Due Date
April 2024 5/30/2024
April 2024 5/30/2024
A Notice of Violation (NOV-2024-PC-0491) was sent to you for failure to submit the NDMR-04-2024 and
NDAR-1-04-2024 no later than the thirtieth (30th) day following the reporting period. This notice was
received by you on 08/22/2024.
Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
^^G� V 252.946.6481

The State's enforcement costs in this matter may be assessed against Slash Creek Condominium
Homeowners Association pursuant to NCGS. 143-215.3(a)(9) and NCGS 143B-282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that Slash Creek Condominium Homeowners
Association violated the terms, conditions or requirements of Non -discharge Permit No. WQ0022725 and
G.S. 143-215.65 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).
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, David May, Regional Supervisor, Washington Regional Office hereby make the following civil
penalty assessment against Slash Creek Condominium Homeowners Association:
500.00 For violation of NCGS 143-215.65 and NPDES Permit 4-2024, for failing to submit the
Non -Discharge Monitoring Report and Non -Discharge Applications Report for
WQ0022725.
140.67 Enforcement Costs
640.67 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. 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 notinciude
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:
Water Quality Permitting Section
NC DEQ/Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 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:
Water Quality Permitting Section
NC DEQ/Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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 questions regarding the filing fee and/or the
details of the filing process.
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 DEQ as follows:
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, please contact Breann Spencer with the Division of Water Resources staff of the
Washington Regional Office at [phone] or via email at [e-mail].
Sincerely,
Z46vx T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2024-0029 County: Dare
Assessed Party: Slash Creek Condominium Homeowners Association
Permit No.: WQ0022725 Amount Assessed: $640.67
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:

STATE OF NORTH CAROLINA
COUNTY OF DARE
DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Slash Creek Condominium Homeowners Association )
Slash Creek WWTP
PERMIT NO. WQ0022725
CASE NO. PC-2024-0029
Having been assessed civil penalties totaling $640.67 for violation(s) as set forth in the assessment document
of the Division of Water Resources dated , 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
SIGNATURE
ADDRESS
TELEPHONE