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HomeMy WebLinkAbout090014_Remission (Justification for Request)_20211129RECEIVED NOV 2 9 2021 JUSTIFICATION FOR REMISSION REQUEST NC DEQ/DWR Central Offm Case Number: DV-2021-0032 County: Bladen Assessed Party: Raymond C. Marlowe II Permit No.: AWS090014 Amount assessed: $6.086.26 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. 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. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). t/ (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); the violator promptly abated continuing environmental damage resulting from the violation (i. e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (� ff- �ty b vl i in o1 rn K p y. �, c, ?.+mac, 1`` -Pv r u r --C / v a� ret i 1n i � 12 ur •r � 1 � . b-•)c o r.. \-4 - j c.� 4 6 , n � e � �� fi +p b u r M .. ? r o3 < 6` o keep r i"rl -�y 'rDin I� 01,�✓�; IN bt%;re1 b�,Tn6, 20 ej4 s .cf s"-'o /6: A 10 ram' , es 8 a net//6 GF-1' at ram/ 1'h f7rp L-3 eivd for TO nn)ea-N)) h j . 4 sp er 20oob. Li Qarr/.� canei i)4Zc r"1�/��D1911n, [e .1/40 re) /45 .2$ n %e/ N s54 -s'(po r. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BLADEN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST RAYMOND C. MARLOWE II PERMIT NO. AWS090014 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2021-0032 Having been assessed civil penalties totaling $6,086.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 15, 2021, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the .3 f`'P day of AJ /''i" geT , 2021 ��y 2r Signature ADDRESS Fa$c)x. -tr 6G-1- fot TELEPHONE