090014_DV-2021-0032 Summary & Recommendation_20220304

DocuSign Envelope ID: C0D515A6-40C1-4792-83A7-B2EE2B00A7F6
Remission Request Summary and Recommendation
To: S. Daniel Smith
From: Trent Allen
Reviewed by: Jeff Poupart
WQP Section Chief (initials)
Assessed Party:
Case No.:
6;e
Raymond C. Marlowe II
DV-2021-0032
Case Background and Assessment
Date: 1/7/2022 Region: FRO
Date: 2/23/2022
County: Bladen
Permit No: AWS090014
October 1, 2019 DWR issued COC No. AWS090014 to Raymond C. Marlowe II for A&D Farms, LLC.
November 16, 2021 On November 16, 2020 during a structural evaluation site visit DWR staff documented
that waste overtopping the lagoon berm generating a flow of waste that went to the storm
water drain system with pictures, video and water samples. The waste was observed
flowing from the storm water outlet into a ditch which flowed into Spring Branch, and
then into Turn Bull Creek. On November 13, 2020 Mr. Marlowe reported his lagoon was
at nine (9) inches after receiving eleven point five (11.5) inches of rain on November 12,
2020. On November 16, 2020, DWR conducted a Structure Evaluation site visit and staff
noticed waste overtopping the lagoon bank and documented that his marker was reading
five (5) inches. DWR staff surveyed Mr. Marlowe's lagoon on September 9, 2019 and
observed and documented that the marker was off by 2.5 inches (less freeboard then the
marker indicates) Mr. Marlowe was made aware of DWR's discovery of his lagoon survey.
Mr. Marlowe was told during a routine compliance inspection on January 21, 2018 to
repair his lagoon banks and remove small trees.
December 7, 2021
On December 7, 2020, the Division issued a Notice of Violation (NOV/NOI) with intent
to enforce through the civil penalty assessment process to Raymond Marlowe identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWS090014 the violations include the
unlawful discharge of wastes to waters of the State. The NOV was sent by certified mail,
return receipt requested and received on December 19, 2020
September 15, Raymond C. Marlowe II was assessed a civil penalty of $6086.26 ($5500.00 civil penalty
2021 plus $586.26 investigative costs):
• $3000.00 for making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition I.1. of the General Permit
AWG100000.
• $1500 for violation of Condition 11.12 of General Permit AWG100000 for failure to
establish and maintain a protective vegetative cover on all earthen lagoon/storage
pond embankment (outside toe of embankment to maximum operation
level/compliance level on embankment interior), berms, pipe runs, and storm water
diversions with the goal of preventing erosion.
• $1000.00 for violation of Condition 111.1 of General Permit AWG1000 for failure to
inspect and document at a frequency to insure proper operation but at least monthly
and after all storm events of greater than one (1) inch in 24 hours the waste collection,
treatment, and storage structures, and runoff control measures.
October 27, 2021 Green card indicated delivery of the assessment document.
rev 1.0 - 8.31.09

DocuSign Envelope ID: C0D515A6-40C1-4792-83A7-B2EE2B00A7F6
Remission Request (Summary)
November 23, 2021 Remission request signed
November 29, 2021 Remission request received
Summary: The permittee did not dispute the findings of the violation. The permittee says he 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. 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.
Enforcement History
• 2016 - NOD for high freeboard
Remission Recommendation from Regional Office and Central Office
• DWR Fayetteville Regional Office Recommendation (Check One)
Request Denied ❑
Full Remission n Retain Enforcement Costs? Yes n No n
Partial Remission ® $1000.00 (enter amount to remit)
Comment:
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. 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.
• DWR Central Office Recommendation (Check One)
Request Denied ❑
Full Remission n Retain Enforcement Costs? Yes n No n
Partial Remission M $ 1000.00 (enter amount to remit)
Comment: