740021_Enforcement (Other)_20200504

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Ephraigm Smith
Ephraigm Smith Farm
7267 NC 43 South
Greenville, NC 27858
Dear Mr. Smith:
NORTH CAROLINA
Environmental Quality
May 04, 2020
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SUBJECT: Request for Payment of Civil Penalty
Enforcement File No. PC-2020-0004
Pitt County
On February 26, 2020, the Director of Division of Water Resources (DWR) assessed a civil penalty
against you in the amount of $5,288.00, including $288.00 in investigative costs, for failing to remove
harvested crop from spray fields, failure to calibrate irrigation equipment, failure to do sludge
survey, and for failure to maintain a healthy crop stand in the spray fields.
In the remission request letter DWR received on April 15, 2020, no remission factors were chosen on the
request for remission page and you chose `not' to waive your right to an administrative hearing in the
form for `WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF
FACTS'. DWR cannot grant remission without the permittee selecting the remission factors and waiving
the right to an administrative hearing. Therefore, the civil penalty of $5,288.00 should be paid within 10
days of receipt of this letter unless you filed for an administrative hearing with the Office of
Administrative Hearings (OAH) with in the specified time according to DWR letter of March 5, 2020.
If any civil penalty has not been paid within 30 days after the final agency decision has been served on the
violator, North Carolina General Statue 143-215.6A (g) allows the Secretary of the Department of
Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any
county in which the violator resides or has his or its principal place of business to recover the amount of
the assessment. The Division has the certified mail green card that shows you received the Final Agency
Decision on March 14, 2020.
This letter serves as final notice that the Division will proceed to refer your case to the North Carolina
Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of
your receipt of this notice, and the North Carolina Attorney General's Office will seek collection
through the courts.
Should you need to discuss a payment plan or have any questions, please contact Ramesh Ravella at (919)
707-3702.
Sincerely,
DoeuSign d by:
a�h'��°Radi�lla
Animal Feeding Operations Program
cc: Washington WQROS Regional Office
File # PC-2020-0004
Central Files (AWS740021)
D-- North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707.9000