130686_Remission (Decision)_20230907 (2)

STATE OF NORTH CAROLINA BEFORE THE
REMISSION COMMITTEE OF THE
COUNTY OF CABARRUS ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR-DV-2021-0066
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) FINAL DECISION
SAMUEL FLOWE )
THIS MATTER came before the Civil Penalty Remissions Committee ("Committee") of
the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §14313-
282.1, on July 13, 2023 upon the recommendation of the Director of the Division of Water
Resources ("DWR"), designee, Jeff Poupart, Chief of Water Quality Permitting Section, for entry
of a final decision on the original assessment of a civil penalty and investigation costs against
Samuel Flowe, totaling Seven Thousand Two Hundred-Thirty-eight Dollars and Sixteen Cents
($7,238.16).
On September 20, 2021, Samuel Flowe was assessed civil penalties of$7,000.00, which
included$238.16 investigative costs for the following violation of N.C. Gen. Stat. 143-215 et. seq.
and the General Permit AWG100000 as follows:
• $4,000.00 - for making an outlet of animal waste into water of the State causing water
pollution in violation of NC Gen. Stat. 143-215.1.
• $3,000.00 — for operating an animal waste management system without a required permit
in violation of NC Gen. Stat. 143-215.1(a)(12).
The DWR received a request for remission of the assessed civil penalty, including a
"Justification for Remission Request" and a "Waiver of Right to an Administrative Hearing and
Stipulation of Facts" on October 20, 2021. On November 17, 2021, the DWR's director, through
his designee, considered Samuel Flowe's request for remission of the assessed penalty and the
justification submitted by Mr. Flowe as well as the required statutory factors and found grounds to

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modify the initial assessed civil penalty to reduce it by $500.00 for a total of$6,738.16 because
upon the DWR's investigation of the violation Mr. Flowe promptly abated continuing
environmental damage resulting from the violation. The violation resulted from years of inaction
from Mr. Flowe. Additionally, Mr. Flowe has not been assessed civil penalties for any previous
violations.
Mr. Flowe requested an oral presentation before the Committee; however, neither Mr.
Flowe nor anyone on his behalf appeared before the Committee.Therefore, its request for remission
was presented to the Civil Penalty Remissions Committee based on the written submissions from
the DWR.
Having considered the facts contained in the record and the factors set forth in N.C.G.S. §
143B-282.I(b)and(c),the Civil Penalty Remissions Committee,Group I, for consideration on July
13, 2023, finds and incorporates herein the facts contained in the Findings and Decision and
Assessment of Civil Penalties as stipulated to by the Samuel Flowe. Additionally, the Committee
concludes that the record supports the Findings of Fact. The Findings of Fact in turn support the
Conclusions of Law. The Committee further concludes that the DWR properly considered and
applied the factors set forth in N.C.G.S. § 143B-282.1 in determining the amount of the civil penalty
and considering the request for remission.
Pursuant to N.C.G.S. § 143B-282.I(c), the Committee has considered the statutory factors
and the recommendation of the Director, and concludes that GROUNDS HAVE BEEN SHOWN
by Samuel Flowe and appear in the record to support the reduction of the penalty assessed by the
Director's designee for the violations based on the statutory factor that Samuel Flowe promptly
abated the violation and had no previous civil penalties (N.C. Gen. Stat. § 143B-282.I(c) (2) and

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(4)). Upon duly made motion and vote, the Committee concludes that the civil penalty assessment
should be REDUCED by $500.00. The remaining civil penalty is, therefore,upheld in the amount
of$6,500.00, plus investigative costs of$238.16, for a total of$6,738.16.
THEREFORE, IT IS ORDERED AND ADJUDGED that:
1. The Request has sufficiently demonstrated that grounds exist to support a reduction
of the civil penalty and the Committee,therefore,reduces the civil penalty in the amount of$500.00.
Samuel Flowe shall pay the REDUCED CIVIL PENALTY of$6,500.00,plus investigative costs
of$238.16, for a total amount of$6,738.16.
2. This Final Decision and Order shall be served upon Samuel Flowe and upon receipt
hereof, the amount of Six Thousand Seven Hundred Thirty-eight Dollars and Sixteen Cents
($6,738.16) shall be paid to the Department of Environmental Quality within thirty days as required
by law.
This the 7th day of September, 2023.
ENVIRONMENTAL MANAGEMENT COMMISSION
_ZKV\15��
Robin W. Smith, Chair
Environmental Management Commission

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CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Samuel Flowe Certified Mail/Return Receipt Requested
Flowe Dairy Receipt#: 7002 3150 0000 1285 5454
Post Office Box 123
Midland,NC 28107
Richard Rogers, Director electronically: [e-mail]
Division of Water Resources
Andrew H. Pitner, P.G. electronically: [e-mail]
Assistant Regional Supervisor
Mooresville Reg. Operations Section
Ramesh Ravella, Supervisor electronically: [e-mail]
Animal Feeding Operations Branch
Michael P. Pjetraj, Ass't Branch Chief electronically: [e-mail]
WQ Permitting Section
Michael Meilinger electronically: [e-mail]
Environmental Specialist I
Miressa D. Garoma electronically: [e-mail]
Animal Feeding Operations Program
This the 7th day of September, 2023.
JOSH STEIN
Attorney General
/s/Phillip T. Rey!2olds
Phillip T. Reynolds
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh,N.C. 27602