090139_DV-2022-0009 Remission Decision Factors_20220707

DocuSign Envelope ID: AE51900E-DD3D-43CE-8BAA-1AA9E2D5D794
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2022-0009 Region: Fayetteville County: Bladen
Assessed Entity: Prestage Farms, Inc Permit: AWS090139
n (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: The drainage plan is being staked out and the contractor is moving in heavy
equipment to do the necessary work. Completion of the project with all grade improvements is
projected for June 30, weather permitting. Costs for the corrective and preventive actions outlined
have totaled more than $34,500 to date, and the immediate cleanup costs of more than $15, 000 are
not included in that amount. Another $3,500 is projected to complete the buffers and waterways
mentioned above and additional costs are expected when the current irrigation design is reassessed.
DWR Response: The FRO met with Prestage Farms twice reviewing concerns with this farm in the
month of June. The ORC was replaced, the spray fields have been leveled and an engineering
company has been brought in to layout grassed waterways to help with drainage issues. The cropping
system has changed to better match a crop with the wetter soils on this farm. Prestage Farms plans to
spend in excess of $60,000 on addressing issues with the application field and spray system.
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) $13,000.00
Partial Remission ® % 30
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$9,100.00
or $3,900.00
$828.68
$9,928.68
DocuSigned
by:
(enter amount)
(amount remitted)
7/7/2022
part ice...
Date