090045_Remission Request_20190905

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ROY COOPER
Governor 0 ; S E P 1 0 2 019
MICHAEL S.REGAN `
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Secretary .,
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�IWQRGOOSN ALOFF!CFO Director Environmental tty
September 5, 2019
CERTIFIED MAIL - #7008 1300 0000 1124 2173
RETURN RECEIPT REQUESTED
Kyle Graham Melvin, Registered Agent
BK2 Farms, LLC
4912 NC Hwy 87 W
Elizabethtown, NC 28337
Subject: Request for Remission of Civil Penalty
Case No. DV-2019-0062
Farm#09-0045
Permit Number AWS090045
Bladen County
Dear Mr. Melvin:
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 remitted $2,500.00 of the $9,101.82 civil penalty assessment. The
revised civil penalty is therefore a total amount of $6,601.82, which includes $1,601.82 in
investigative costs. 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
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j North Carolina Department of Environmental Quality I Division of W Resources
S12 North Salisbury Street 11636 Mail Service Center I Raleigh North Carolinaater 27699 1636
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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 [phone].
,bditc J. L.hlt
Debra J. Watts, Supervisor
Animal Feeding Operations Branch
Attachments
cc: Fayetteville Regional Office WQROS
File#DV-2019-0062
WQPS Central Files (AWS090045)

6 • I. . /1
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2019-0062 Region: Fayetteville County: Bladen
Assessed Entity: Kyle Graham Melvin/BK2 Farms, LLC Permit: AWS090045
❑ (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 owner did promptly abate the continuing environmental damage by blocking the drainage ditch where the
discharge was occurring, and placing as much waste water back into the lagoon as possible. Several ditches were
also cleaned out for better drainage around the farm to help with drying out the application fields,and areas of the
spray fields were leveled out to keep water from going directly into the ditches.
❑ (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Not at this farm,but has been assessed a civil penalty on another farm he owns for the same reason.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Most work has been completed for remedial actions.There is still some work to be completed.
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes❑ No ❑
Partial Remission X $2500 (Enter Amount Remitted)Request to remove the stream standards portion and
reduce fine amount for farmers quick actions on abating spill.
( //OP/
Linda Culpepper Date
rev 1.0—8..31.09

• •
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BLADEN DWR Case Number: DV-2019-0062
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
HYLE GRAHAM MELVINBK2 FARMS,LLC )
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.
• Mypresentation 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( )