NC0028827_LR-2019-0001_20190122

ROY COOPER
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_ MICHAEL S. REGAN
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Secretary
'\,':'%}'=` LINDA CULPEPPER
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NORTH CAROLINA
Environmental Quality
January 22, 2019
•
CERTIFIED MAIL 7010 2780 0003 4825 9848
RETURN RECEIPT REOUESTED
Mr. Logan Dunn
Snug Harbor Management LLC
PO Box 150
Sealevel,NC 28577
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
•
Case No. LR-2019-0001
Late Discharge Monitoring Reports(DMRs) for May 2018
Snug Harbor on Nelson Bay WWTP
NPDES Permit NC0028827
Carteret County
Dear Mr. Dunn:
This letter transmits a notice of a civil penalty assessed against Snug Harbor Management LLC in the
amount of$600.00 (includes $100.00 in enforcement costs).
This assessment is based upon the following facts: The May 2018 discharge monitoring report
("DMR")was riot filed with the Division of Water Resources within the thirty(30) day reporting
period in accordance with the monitoring and reporting requirements contained in the subject NPDES
permit. The May 2018 DMR has not been received to date.
• A Notice of Violation(NOV-2018-LR-0035)was sent to you for failure to submit the May
2018 DMR no later than the thirtieth(30th) day following the reporting period. This notice was
received by you on November 9,2018.
The State's enforcement costs in this matter may be assessed against Snug Harbor Management LLC
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 Snug Harbor Management LLC violated
the terms, conditions or requirements of NPDES Permit NC0028827 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 hereby make the following civil penalty assessment against Snug Harbor on
Nelson Bay WWTP:
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh,North Carolina 27699-1617

Snug Harbor Management LLC—Snug Harbor on Nelson Bay WWTP
Case No.: LR-2019-0001 —NPDES Permit NC0028827
January 22,2019
Page2of4
$ • 500.00 For violation of NCGS 143-215.65 and NPDES Permit NC0028827, for failing ,
to submit the Discharge Monitoring Report for May 2018.
$ 100.00 Enforcement Costs
$ 600.00 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 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:
Wfen Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617 --
OR
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:

Snug Harbor Management LLC—Snug Harbor on Nelson Bay WWTP
Case No.: LR-2019-0001 —NPDES Permit NC0028827
January 22, 2019
Page 3 of 4
(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 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

Snug Harbor Management LLC—Snug Harbor on Nelson Bay WWTP
Case No.:LR-2019-0001 —NPDES Permit NC0028827
January 22,2019
Page 4 of 4 -
Raleigh,North Carolina 27699-6714
•
Telephone[phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
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 Anjali Orlando at 919-707-3622, or via e-mail
[anj ali.orl ando @ncdenr.gov].
-me rely,
Linda Culpepper, Director
Division of Water Resources,NCDEQ
ATTACHMENTS
cc: DWR Wilmington Regional Office, Water Quality Regional Operations Section
Enforcement File NOV-2018-LR-0035 w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF CARTERET
)
)
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
SNUG HARBOR MANAGEMENT LLC ) STIPULATION OF FACTS
SNUG HARBOR ON NELSON BAY WWTP / )
)
PERMIT NO.NC0028827 ) FILE NO. LR-2019-0001
Having been assessed civil penalties totaling$600.00 for violation(s)as set forth in the assessment
document of the Division of Water Resources dated January 22,2019,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.
f
This the day of , 2019.
SIGNATURE
ADDRESS
TELEPHONE