130686_Remission (Decision)_20211116

DocuSign Envelope ID: AAC64935-492D-4597-BAAF-46FCA012F7CB
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2021-0016
Region: Mooresville County: Cabarrus
Assessed Entity: Samuel Flowe Permit: AWD130686
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
• (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: A storm system was approaching with high level offlooding. To keep the lagoon
from breaching, Sam tried to pump it down to prevent this. Once it was realized that the waste had
made it the ditch, round bales were placed to stop any further contamination.
DWR Response: The violator took action once DWR staff arrived at the site to investigate the issue.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: We feel like this penalty is excessive and ask that DJ Q consider reducin,
amount. Never had any previous violation.
DWR Response: The violation was the result of years of inaction on the part of the violator.
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❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission 0 Retain Enforcement Costs? Yes 0 No ❑
Original Penalty (without Enforcement Costs) $7.000.00 (enter amount)
Partial Remission or $500 (amount remitted)
Subtotal $6.500.00
Retaining Enforcement Costs $238.16
Total Revised Assessment $6.738.16
DocuSigned by:
Jeff Poupart
11/16/2021
Date