130686_Civil Penalty Assessment_20210920

DocuSign Envelope ID: FC630507-544E-47A7-9C93-8B840781 F872
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CABARRUS
IN THE MATTER OF
SAMUEL FLOWE
FOR VIOLATIONS OF CATTLE WASTE
MANAGEMENT SYSTEM
PERMIT AWD130686 AND
NORTH CAROLINA
GENERAL STATUE 143-215.1
FILE NO. DV-2021-0066
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources (DWR), I, Jeffrey Poupart, Chief of the Water Quality
Permitting Section of the Division of Water Resources make the following:
I. FINDINGS OF FACT:
A. Samuel Flowe owns and operates Flowe Dairy located at 15550 Bethel Ave. Ext. Midland, North
Carolina.
B. Flowe Dairy was deemed permitted as a non -discharge facility in accordance with Title 15A North
Carolina Administrative Code (hereby known as NCAC) Subchapter 2H Section .0217 (15A NCAC
2H .0217).
C. North Carolina G.S. 143-215.1(a) states that 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 waters of the
State. (2) construct or operate any sewer system, treatment works or disposal system within the State.
(6) cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed
with the waters of the State in violation of the water quality standards applicable to the assigned
classifications or in violation of any effluent standards or limitations established for any point source,
unless allowed as a condition of any permit, special order or other appropriate instrument issued or
entered into by the Commission under the provisions of this Article."
D. On February 26, 2021, DWR staff received a complaint that animal waste was being discharged into
a ditch and wetlands that flows to Clear Creek. DWR staff confirmed and documented the discharge
with pictures and samples. During February 26, 2021 site visit, animal waste was noticed running
off of the south corner of the irrigation field and flowing into the ditch beside the road. Waste flowed
for about 2,000 feet through the woods, into wetlands and into Clear Creek. It was estimated around
3,500 gallons of animal waste was discharged out of the south corner of the field into Clear Creek.
On the west side of the irrigation field, animal waste was discharging from the field through a black
drainage pipe, laid under the field, flowing into a culvert. This discharge flows under the road and
into the farm pond that is on site.
E. North Carolina General Statute (hereby known as G.S. 143-215.1 (a)(12)) states that no person shall
construct or operate an animal waste management system as defined in G.S. 143-215.10B, without
obtaining a permit under either this part or Part 1A of this Article. The threshold established in G.S.
143-215.10B is 100 or more confined cattle.

DocuSign Envelope ID: FC630507-544E-47A7-9C93-8B840781 F872
F. Based on the site visit on February 26, 2021, the animal count at Flowe Dairy facility was more than
250 cows. Your past communications with Cabarrus County Soil and Water Conservation District
(CSWCD) staff indicated that you have maintained more than 100 head of cattle for the past several
years. On March 12, 2021 you notified CSWCD staff that you are planning on having 100-140 head
cattle at your dairy operation. Mr. Daniel McCallen told you that you need an animal waste
management general permit to operate if you go above 100 head of cattle. On March 15, 2010, you
told CSWCD that you were milking 140 cows. On February 22, 2012, you mentioned to CSWCD
staff that you were milking 125 head of cattle.
G. On March 10, 2021, the Division issued a Notice of Violation (NOV/NOI) with intent to enforce
through the civil penalty assessment process to Samuel Flowe identifying violations of N.C.G.S.
143-215.1. The violations include, Failure to submit to the Division a completed and acceptable
application for a Permit in order to maintain more than 100 confined cattle (NCGS143-215.10C),
and Making an outlet of animal waste into water of the state causing water pollution (NCGS 143-
215.1).
H. The NOV/NOI was delivered on March 10, 2021.
I. The costs to the State of the enforcement procedures in these matters totaled $238.16.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Samuel Flowe is a "person" within the meaning of N.C.G.S. 143-215.6(A) pursuant to N.C.G.S.
143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. Clear Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S.
143-212(6).
D. The above cited discharge as stated in Findings of Fact I.D violated N.C.G.S. 143-215.1(a)1 by
making an outlet into waters of the State without a Permit.
E. Samuel Flowe as stated in Findings of Fact I.F violated 143-215.1 (a)(12) by operating an animal
waste management system without a required permit.
F. N.C.G.S. 143-215.6A (b) provides that if any failure to act as required by the rules is continuous, a
civil penalty of not more than $25,000.00 per violation may be assessed for each day the violation
continues.
G. N.C.G.S. 143-215.3(a)(9) provides that the reasonable costs of any investigation, inspection or
monitoring survey may be assessed against a person who violates any regulations, standards, or
limitations adopted by the Environmental Management Commission or violates any terms or
conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document
issued pursuant to N.C.G.S. 143-215.2.
H. The Chief of the Water Quality Permitting Section, 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.

DocuSign Envelope ID: FC630507-544E-47A7-9C93-8B840781 F872
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
I. DECISION:
Accordingly, Samuel Flowe, owner and operator of Flowe Dairy, at the time of the
noncompliance is hereby assessed a civil penalty of:
$4,000.00 Making an outlet of animal waste into water of the state causing water
pollution (NCGS 143-215.1).
$3,000.00 For violation of 143-215.1(a)(12) by operating an animal waste management
system without a required permit.
$7,000.00 TOTAL CIVIL PENALTY
$ 238.16 ENFORCEMENT COSTS
$7,286.16 TOTAL AMOUNT DUE
Pursuant to N.C.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 N.C.G.S. 143B-282.1(b),
which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
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 cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Samuel Flowe, in
accordance with N.C.G.S.143-215.6(A)(d).
DocuSigned by:
9/27/2021 1�hCr"
(Date)
Jeffrey Poup rt, Chief
Water Quality Permitting Section
Division of Water Resources