820096_DV-2021-0172 Summary & Recommendation_20220304

DocuSign Envelope ID: D1976243-8A1A-4DE3-AB18-1E49E9764EF7
Remission Request Summary and Recommendation
To: S. Daniel Smith
From: Trent Allen
Reviewed by: Jeff Poupart
WQP Section Chief (initials)
Assessed Party:
Case No.:
DS
60-P
Michael M. Matthis
DV-2021-0172
Case Background and Assessment
Date: 2/16/2022 Region: FRO
Date: 2/23/2022
County: Sampson
Permit No: AWS820096
October 1, 2019 DWR issued COC No. AWS820096 to Michael M. Matthis for Michael Matthis Farm.
September 7, 2021
October 11, 2021
December 14, 2021
On September 7, 2021, DWR staff conducted a routine compliance inspection, and during
this inspection waste was observed behind house 6 in the storm water drainage area around
the discharge pipe. In addition, waste was observed in various places along this drainage
feature that leads to an unnamed tributary to Six Runs Creek. DWR staff documented the
waste with pictures and water samples at some of the areas of pooled water/waste as far
away as 350 feet from the back of house 6. The waste discharge was believed to happen
when the flush tanks were flushed. This was later confirmed by you on September 10,
2021. The high level of the lagoon which was above the discharge pipe caused a head
pressure that slowed the flow of waste to the lagoon and backed it up in the house allowing
it to flow from cracks in the foundation to the storm water drain system.
On October 11, 2021 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Michael M. Matthis identifying
violations of N.C.G.S. 143-215.1 and Permit No. AWG100000
Michael M. Matthis was assessed a civil penalty of $7636.26 ($7000.00 civil penalty
plus $636.26 investigative costs):
• $4000.00 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.
• $1000 For violation of Condition II.1 of General Permit AWG100000 for failing to
properly maintain the waste collection, treatment, and storage facilities at all times.
• $1000.00 for violation of Condition III.17.a. of the General Permit AWG100000 for
failure to report to the appropriate Division Regional Office s following first
knowledge of failure of any component of the animal waste collection, treatment, and
storage and land application system resulting in a discharge to surface waters.
• $1000.00 for violation of Condition III.1 of General Permit AWG100000 for failing to
properly inspect the waste collection system as required by the permit.
December 20, 2021 Green card indicated delivery of the assessment document.
Remission Request (Summary)
January 10, 2022 Remission request signed
January 15, 2022 Remission request received
rev 1.0 - 8.31.09

DocuSign Envelope ID: D1976243-8A1A-4DE3-AB18-1E49E9764EF7
Summary: The permittee did not dispute the findings of the violation. The violation was inadvertent and only
happened because the discharge pipe got a blockage in it overnight. The facility has never had a violation in the
past. A fine of such amgnitude will inhabit my ability to make future repairs.
Enforcement History
• May. 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 ® $2000.00 (enter amount to remit)
Comment:
Spill was due to a blocked discharge pipe. Waste was found several hundred feet from the farm site down in a
marsh area. This was confirmed with pictures and waste samples. Animals were removed from the farm, and Mr.
Matthis did rent a tractor to clean the spill site. Discharge pipe was cleared of the blockage. Mr. Matthis
inherited the farm from his father and has made some improvements since he has become the owner. Mr. Matthis
has not been assessed a civil penalty before.
• DWR Central Office Recommendation (Check One)
Request Denied ❑
Full Remission n Retain Enforcement Costs? Yes n No n
Partial Remission M $2000.00 (enter amount to remit)
Comment: