090014_DV-2021-0032 Remission (Decision) Factors_20220304

DocuSign Envelope ID: C0D515A6-40C1-4792-83A7-B2EE2B00A7F6
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2021-0032 Region: Fayetteville County: Bladen
Assessed Entity: Raymond C. Marlowe II Permit: AWS090014
Z (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States: I did not make a ditch for draining water it was in place when I bought the farm,
purpose was for keeping rainwater from ponding on back of barns.
DWR Response: Mr. Marlow states in his response that he did not make a ditch for draining water,
but the violation was for an over topping lagoon that made it to the ditch. Mr. Marlow is responsible
for the lagoon level and the over topping lagoon.
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: I immediately got dirt and formed a barrier to eliminate any further release of water
from lagoon. I also pumped water from drainage back to lagoon capturing as much of the drainage as
possible. I spent over $20,000.00 for pump and haul to drop lagoon level six inches to take pressure
off of the lagoon. I hauled in 15 loads of clay to build up low areas and fill in any washed areas.
DWR Response: Mr. Marlow did promptly abate the over topping lagoon once DWR staff made him
aware of the issue. Mr. Marlow admitted he had not walked the lagoon as required by the permit. Mr.
Marlow added clay to the lagoon dike to stop the over flow and hire a company immediately to start
the pumping and hauling activities. The farm was also depopulated until the farm was back in
compliance.
n (c) Whether the violation was inadvertent or a result of an accident:
n (d) Whether the violator had been assessed civil penalties for any previous violations:
n (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $5500.00 (enter amount)
Partial Remission or $1000.00 (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$4500.00
$586.26
$5086.26
DocuSigned by:
3/3/2022
Jeff oupart
Date