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Home My WebLink About090020_Remission Request DV-2018-0093_20190905 � a KtUt1Ut1 �dy DEQIDWR ROY COOPER '' .: ' ' SEP02019 Governor / tM_ MICHAELS.R * EGAN ` «.a., Secretary � uw vv�°� LINDA CULPEPPER NORTH CAROLINA WOROS Director Environmental Quality '`AYETTEVILI.F REGIONAL OFFICE September 5, 2019 CERTIFIED MAIL - #7008 1300 0000 1124 2166 RETURN RECEIPT REQUESTED Michael H. Shaw MKJS Farm Sites 1-3 PO Box 2195 Elizabethtown, NC 28337 Subject: Request for Remission of Civil Penalty Case No. DV-2018-0093 Farm#09-0020 Permit Number AWS090020 Bladen County Dear Mr. Shaw: In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Resources considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $38,106.89. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Miressa D. Garoma NC DEQ-DWR Animal Feeding Operations Branch 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR �� North Carolina Department of Environmental Quality I Division of Water Resources •/ 512 North Salisbury Street I1636 Mall Service Center I Raleigh North Carolina27699 1636 M„. M DE �AN/aM�•0OWE� /.' 919.707.9000 2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the fmal decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter,your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty(30) calendar days of receipt of this letter. Send the completed form to: Miressa D. Garoma NC DEQ-DWR Animal Feeding Operations Branch 1636 Mail Service Center Raleigh,North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation(if you make the request). If the Chairman determines that there is a compelling reason to require a presentation,you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact me at(919) 707-9129. Sincerely, U0 V- J L Debra J. Watts, Supervisor Animal Feeding Operations Branch Attachments cc: Fayetteville Regional Office WQROS File#DV-2018-0093 WQPS Central Files (AWS090020) DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2018-0093 Region: Fayetteville County: Bladen Assessed Entity: Michael H. Shaw Permit: AWS090020 ❑ (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: The farmer dammed up the ditches around the farm and placed approximately 145,000 gallons of water back into the lagoons. • (c) Whether the violation was inadvertent or a result of an accident: The spills were caused by farm personnel placing a siphon in the lagoon and opening irrigation valves in the fields and turning a pump on letting them free flow.None of these activities were inadvertent or an accident. ® (d) Whether the violator had been assessed civil penalties for any previous violations: The farmer doesn't have any previous assessed penalties for previous violations. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION(Check One) Request Denied Er Full Remission ❑ Retain Enforcement Costs? Yes❑ No El Partial Remission ❑$ (Enter Amount Remitted) eiltifif Linda Culpepper Date rev 1.0-8..31.09 STATE'OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BLADEN DWR Case Number: DV-2018-0093 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION ) MICHAEL H. SHAW ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial.You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee;however,if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations, partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of ,20 SIGNATURE TITLE(President,Owner,etc.) ADDRESS TELEPHONE( )