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HomeMy WebLinkAboutNC0031879_LV20160133_20160726Certified Mail # 7012 1010 0002 1965 6959 Return Receipt Requested July 26, 2016 J Robert Boyette, City Manager City of Marion PO Drawer 700 Marion, NC 28752 RECEEIVED/NNE WR AUG 0 3 2016 Wates Quality Perrr.itting section SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO031879 City of Marion Corpening Creek WWTP Case No. LV -2016-0133 McDowell County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,112.94 ($2,000.00 civil penalty + $112.94 enforcement costs) against City of Marion. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Marion for the month of February 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0031879. The violations, which occurred in February 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Marion violated the terms, conditions or requirements of NPDES WW Permit No. NCO031879 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment 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). 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, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against City of Marion: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $1,500.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0031879, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for TSS - Cone. $500.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00031879, by discharging wastewater into the waters of the State in violation of the Permit Weekly Average for TSS - Cone. $2,000.00 TOTAL CIVIL PENALTY $112.94 Enforcement Costs $2,112.94 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 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- Wastewater f Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ti 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 thidy Q 0) 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: Wastewater Branch 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, 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 Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, >I C G. Landon DavidsG., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File i'`:1VK\«'Q�e�1clJewelPlynctcwater`:�innicipnitCorpe�ing Creek W W TP 3187TIV-2v 16-0 133.af JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2016-0133 Assessed Party: City of Marion Permit No.: NC0031879 County: McDowell Amount Assessed: $2,112.94 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. 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: STATE OF NORTH CAROLINA COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST City of Marion Corpening Creek WWTP PERMIT NO. NCO031879 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV -2016-0133 r Having been assessed civil penalties, totaling $2,112.94 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 26, 2016, 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 supportof 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 ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A City of Marion CASE NUMBER: LV -2016-0133 PERMIT: NCO031879 FACILITY: Corpening Creek WWTP- LIMIT VIOLATION(S) REGION: Asheville COUNTY: McDowell SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 2/27/2016 2-2016 Solids, Total 5 X week mg/I 45 393.10 .773.6 Weekly $500.00 Suspended- Average Concentration Exceeded 2/29/2016 2-2016 Solids, Total 5 X week mg/I 30 96.80 222.8 Monthly $1,500.00 Suspended- Average Concentration' Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: City of Marion Facility Name: Corpening Creek WWTP Permit Number: NCO031879 County: McDowell Case Number: LV -2016-0133 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; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average TSS exceeded the permit limit by 222.77%. One Weekly Average TSS exceeded the permit limit by 773.6%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 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 There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $112.94. ®-7. ?-�a Ak� Date P G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ EFFLUENT NPDES PERMIT NO: NCO031879 DISCHARGE NO: _ 001 FACILITY NAME: CORPENING CREEK WWTP OPERATOR IN RESPONSIBLE CHARGE (ORC): LARRY CARVER CERTIFIED LABORATORIES: 1. CORP. CR. WWTP 2. ETS LAB CHECK BOX IF OI2C HAS CHANGED: „, to Person [S] Collecting Samples: DAF Mail ORIGINAL and ONE COPY to: DATE �1 DN. OF ENVIRONMENTAL MANAGEME� Z x ATTN: CENTRAL FILES N TORE OF RATOR IN RESPONSIBLE CHARGE) R n 5 eL -�� ° i;' • % I) f ti3 TE DEHNRBY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS i� F P.O. BOX 29536 t IEN i RAL. ' s F -S ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH, NC 276260535 Mus” C`iI-C'-- N u%66e5)---1 MONTH: Feb YEAR 2016 CLASS: IV COUNTY: McDowell Grade: IV PHONE: 828-652-8843 a x z FLOW z w °w g- d w z N zo O W a EFF2 w a it O v d a O O z om f x W r, KJ w ¢V F m INF ❑ Oy P-� J s, V ao N $v C Q' F W w no (A O W 3� F9 �w F o p O Jam, ¢O = LuW �=>j z O =. F. FN F- 7 Cr Z p J I Lu U Jf V D O m C O O J4' Q Q AO u O Q F O S IL g Ow. O G Qa Lu w °° O LL LL HRS HRS YIN MGD 0C UNITS uyL MG/L Code MGIL MGIL N/100ML MGIL MGIL MGIL INCHES 1.1362 1 11 ( 1 23 0.4711 2.6 1/1 98.0)1 1 4 0.5 >5 Ammonia Limits: Monthly Average Weekly Average v April 1 -Oct 31 1.4 mglL 4.2 mg/L Nov 1 -March 31 3.0 m /L 9.0 mg/L / Code -- Denotes Data to a alified with NC DENR/DWQ Approved DEM Form MR -1 (12/93)1 resource` APP 1 2 2016 ilU�fc` rL,s1 t i r r P i +a +I S Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) . Compliant All,._ onitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 hays of the time the permitteebecontes aware of the circumstances, . If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part HX6 of the NPDES permit. "I certify, underpenalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a.system designed to assure that qualified personnel properly gather and evaluate the information submitted: Based. on my inquiry of the person or person* who managed the system, or those persons directly responsible - for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and . complete. I am ware that;therd are significant penalties for submitting false information, including the possibility.of. fines and imprisonment for knowing violations." Robert J Boyette City,Manager Permittee- (Please print_ or'type) `CSL1t �A Pca- ss+ . (a�.-�.. , SGS.. Signature of Permittee*** Date (Required unless submitted electronically) P O Drawer 700 City of Marion NC 28752 (828)652-8843 1/31/2015 Permittee Address Phone Number a -mail' address Permit Expiration Date ADDITIONAL CERTITUD LABORATORIES. Certified -Laboratory -(2) -Certification No. Certified Laboratory_(3) Certification No.. Certified Laboratory (4) Certification -No. Certified Laboratory (5) Certification No. PARAlY7EETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting hdpJ/portal.ncdenr.org/web/wq/swp/ps/npdes/appfonw. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no dat'to be entered for all of the parameters on the DMR for the entire monitoring period. •- =* ORC Oni Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204. ' *** Signature of Permittee: If signed by other than the permittee, then the delegation,of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D): Page 2 (); �& C/ -47 ) In response to the high tss on the. 24th of February we started receiving high flow due to rain cased Inflow and infiltration on our collection system. Our collections crew used smoke testing and sewer dye. to find the intrusion and discovered that the flow was coming from a cooling pond on an old factory site that is only used for storage. The owner gave us permission to fix the problem. the inflow was removed and repaired and since the repair was done we have had no increase in sewer flow during rains since that time. If you have any questions please let us know. Thank you Larry Carver Permit Enforcement History Details by Owner Y )212016 1 Owner: City of Marion Facility : Corpening Creek WWTP Permit: NCO031879 Region: Asheville County McDowell Penalty Remission Enf Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case Case MR Approved Damages Received Held Amount Held Amount Amount To AGO Plan Closed PP Amount Costs Number Paid Due WQ-1981-0031 1/25/82 $8,500.00 $0.00 $0.00 $4250 $0.00 $8,500.00 No 9/9/83 DV -1999-0003 6/29/99 $1,000.00 $480.00 $1,480.00 $0.00 No 8/3/99 LV -2001-0358 9/25/01 $250.00 $81.38 10/12/01 12/4/01 $0 $331.38 $0.00 No 1/15/02 LV -2002-0199 1-2002 5/28/02 $1,500.00 $100.00 6/5/02 $1600 $0.00 No 7/20/05 LV -2003-0079 2/7/03 $1,500.00 $100.00 2/21/03 4/2/03 $1600 $0.00 No 4/2/03 LM -2004-0013 3-2004 6/8104 $1,300.00 $100.00 7/7/04 8/4/04 $1250 $150.00 $0.00 No 9/16104 LV -2004-0163 2-2004 6/14/04 $1,500.00 $100.00 7/7/04 8/4/04 $1000 $600.00 $0.00 No 9/16/04 LV -2004-0486 4-2004 10/4/04 $2,000.00 $100.00 11/1/04 12/1/04 $1000 $1,100.00 $0.00 No 1/31/05 LV -2004-0491 5-2004 10/4/04 $1,500.00 $100.00 11/1/04 12/1/04 $1000 $600.00 $0.00 No 1131105 LV -2004-0492 7-2004 10/4/04 $625.00 $100.00 11/1104 1211/04 $475 $250.00 $0.00 No 1/31/05 LV -2005-0078 8-2004 2125/05 $675.00 $100.00 3/17/05 6/1/05 $0 $775.00 $0.00 No 9/14/05 LV -2005-0279 1-2005 8/9/05 $1,500.00 $100.00 9/6/05 11/21/05 $0 $1,600.00 No 3/22/07 LV -2005-0283 3-2005 8/23/05 $1,875.00 $100.00 9/20/05 11/21/05 $0 $1,975.00 No 3/22/07 LV -2005-0314 6-2005 9/2105 $625.00 $100.00 9/20/05 11/21/05 $0 $725.00 No 3/22107 LV -2005-0312 5-2005 9/6105 $1,500.00 $100.00 9/20/05 11/21/05 $0 $1,600.00 No 3/22/07 LV -2005-0290 2-2005 9130/05 $312.50 $100.00 10/25/05 1/24/06 $0 $412.50 No 3/22/07 LV -2005-0387 7-2005 10/24/05 $2,025.00 $100.00 8/20/12 4/16/13 $250 $137.00 7/25/2016 2 $2,125.00 No 3/22/07 LV -2008-0419 5-2008 11/17/08 $1,000.00 $51.70 12/15/08 10/1/09 $550 $501.70 $0.00 No 11/3109 LV -2008-0434 6-2008 11/25/08 $500.00 $51.17 12/15/08 9/2/09 $275 $276.17 $0.00 No 11/3/09 LV -2008-0445 8-2008 12/10/08 $1,250.00 $51.00 6/12/13 11/22/13 $0 $613.50 $687.50 No 12/29/10 LV -2008-0446 9-2008 12/15/08 $3,.100.00 $51.00 6/27/13 11/22/13 $0 $1,446.00 $1,705.00 No 11/3/09 SP -2009-0020 4-2013 5/19/09 $500.00 $137.00 7/23/13 12/9/13 $0 $500.00 $0.00 No 6/2/09 LV -2010-0361 5-2010 10/28/10 $1,375.00 $67.00 11/16/10 7/19/11 $1000 $442.00 $0.00 No 8/25/11 LV -2010-0397 6-2010 12/6/10 $1,500.00 $67.00 12/10/10 5/5/11 $1200 $367.00 $0.00 No 6/7/11 LV -2011-0043 8-2010 2/17/11 $250.00 $67.00 3/4/11 8/10/11 $250 .$67.00 $0.00 No 8/19/11 LV -2011-0081 9-2010 - 3/31/11 $750.00 $67.00 4/27/11 8/5/11 $750 $67.00 $0.00 No 8/25/11 LV -2011-0103 10-2010 4/29/11 $312.50 $67.00 5118/11 4/8/12 $313 $67.00 $0.00 No 4/18/12 LV -2011-0178 12-2010 6/30/11 $1,875.00 $67.00 7/26/11 6/17/12 $1875 $67.00 $0.00 No 9/4/12 LV -2011-0291 1-2011 11/16/11 $2,500.00 $142.00 12/6/11 4/16/13 $2642 $0.00 No 4/19/1.3 LV -2011-0292 3-2011 11/16/11 $3,750.00 $142.00 12/6/11 4/16/13 $3892 $0.00 No 4/19/13 LV -2011-0298 5-2011 11/18/11 $2,250.00 $142.00 12/6/11 11/13/12 $1196 $1,196.00 $0.00 No 12/11/12 LV -2012-0139 12-2011 8/10/12 $250.00 $137.00 8/20/12 4/16/13 $250 $137.00 $0.00 No 5/14/13 LV -2012-0142 1-2012 8/13/12 $250.00 $137.00 8/20/12 4/16/13 $0 $387.00 $0.00 No 12/27/13 LV -2013-0075 1-2013 4/24/13 $500.00 $137.00 5/6/13 11/22/13 $0 $637.00 $0.00 No 12/27/13 LV -2013-0107 2-2013 6/3/13 $250.00 $137.00 6/12/13 11/22/13 $0 $387.00 $0.00 No 12/27/13 LV -2013-0119 3-2013 6/17/13 $250.00 $137.00 6/27/13 11/22/13 $0 $387.00 $0.00 No 12/27/13 LV -2013-0138 4-2013 7/16/13 $1,500.00 $137.00 7/23/13 12/9/13 $0 $1,637.00 $0.00 No 12/27/13 i r LV -2013-0159 5-2013 8/21/13 $1,250.00 $137.00 9/3/13 12/9/13 $0 7/25/2016 3 $1,387.00 $0.00 No 12/27/13 LV -2015-0268 1-2015 11/16/15 $500.00 $159.26 12/2/15 2/2/16 $500 $159.26 $0.00 No 2/22/16 Total Cases: 39 Total Penalty Amount: $53,850 Total Enforcement Cost: $4112.51 Sum Of Total Paid: $16,015.01 Total Balance Due: $19,330.00 Sum of Total Case Penalties: $57,962.51 Total Penalties After Remissions: $35,345.01 N