820104_Remission (Decision)_20210917 (2)

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: PC-2020-0031 Region: Fayetteville County: Sampson
Assessed Entity: G.W. Carter Permit: AWS820104

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner:
Permittee States: We do not dispute DWR findings. However, the equipment was being used in a manual mode by the
operator, with the irrigation gun being moved and operated more like a solid set type system.

DWR Response: The ORC agreed that the irrigation equipment was in need of repair and could not be operated as it
was designed. The wetted acres does not allow nor can the acres be determined when the irrigation system was being
operated in the manual mode. As a certified operator for this type of system, he should know you can’t operate a
traveling gun system as a solid set system.

(b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
Permittee States: We do not think that there was environmental damage from the violation. Once informed that the
manner in which the equipment was being used was a violation of the permit, we began acquiring replacement
equipment and/or repairing existing equipment.

DWR Response: From aerial photos, this system was operated in manual mode for several years. The waste plan is
written to the wetted acres for a traveling gun system and recorded on the irrigation records. Operating in a manual
mode would cause the actual acres irrigated to be different affecting the PAN applied along with the loading rate. As
the ORC, they should have corrected the problem with the irrigation system years earlier.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The operator was not aware that the manner that the equipment was being operated was in
violation of permit. Based on this we feel that the violation was inadvertent and not intentional.

DWR Response: The irrigation system was operated improperly for years, and as an ORC should be aware of this.

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: The farm has not been assessed civil penalties for previous violations

DWR Response: This is correct. No past enforcement cases in the past.

(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Permittee States: We already spent a considerable amount of money improving the irrigation equipment at the farm.
This fine would likely prevent from completing several of the planned improvements.

DWR Response: The corrective actions taken so far are considered general maintenance and should have been
performed regardless of receiving a fine.

DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No
Original Penalty (without Enforcement Costs) $9000.00______ (enter amount)
Partial Remission %________ or $_____________ (amount remitted)
Subtotal $_____________
Retaining Enforcement Costs $_____________
Total Revised Assessment $9,354.98______

Jeff Poupart Date
DocuSign Envelope ID: D8A06A19-3BE7-414A-AA8C-DC9ABDFF1AD3