401 & Buffer Permitting Unit
Non-Point Source Compliance Assistance Program
Enforcement
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Civil Penalty Assessment Option 2: File a Request for Remission of Civil Penalties
A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute.
You must execute and send the "Waiver of Right to an Administrative Hearing and Stipulation of Facts."
You must also send the "Justification for Remission Request" which should describe why you believe:
a. one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner;
b. the violator prompty abated continuing environmental damage resulting from the violation;
c. the violation was inadvertent or a result of an accident;
d. the violator had been assessed civil penalties for any previous violations;
e. payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
You must file your request for remission of civil penalties within thirty (30) calendar days of receipt of the notice. Submit this information to:
Karen Higgins
NC DENR - DWR - Wetlands Branch
1650 Mail Service Center
Raleigh, NC 27699-1650
Please note: The violations addressed by this assessment and any impacts to waters must be abated. You are encouraged to contact your Regional Office if you need assistance in achieving compliance at the site.
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