540062_PC-2020-0046_20210625

June 25, 2021

CERTIFIED MAIL - # 7017 0190 0000 1635 3412
RETURN RECEIPT REQUESTED

Rodney D. Smith
South Pork
367 Jonestown Road
Pink Hill, NC 28572

SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 540062
Lenoir County
Enforcement File No. PC-2020-0046

Dear Mr. Rodney D. Smith:
This letter transmits notice of a civil penalty assessed against Mr. Rodney D. Smith in the amount of
$500.00 and $155.15 in investigative costs, for a total of $655.15. Attached is a copy of the assessment
document explaining this penalty.

This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:

1. Submit payment of the penalty:

Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:

Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636

OR

DocuSign Envelope ID: D1F80853-5610-4162-A3D7-C16FE55544A5

2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:

(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.

Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission’s Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.

In order to request remission, you must complete and submit the enclosed “Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed “Justification for Remission Request.” Both forms should be submitted to the following
address:

Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636

OR

3. File a petition for an administrative hearing with the Office of Administrative Hearings:

If you wish to contest any statement in the attached assessment document, you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

DocuSign Envelope ID: D1F80853-5610-4162-A3D7-C16FE55544A5

You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]

One (1) copy of the petition must also be served on DEQ as follows:

William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601

Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.

Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].

Sincerely,

Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources

ATTACHMENTS
cc: Washington WQROS Regional Supervisor w/ attachments
File # PC-2020-0046 w/ attachments
WQPS Central Files w/ attachments
Lenoir County Health Department
Laserfiche (AWS540062)

DocuSign Envelope ID: D1F80853-5610-4162-A3D7-C16FE55544A5
JUSTIFICATION FOR REMISSION REQUEST

Case Number: PC-2020-0046 County: Lenoir
Assessed Party: Rodney D. Smith
Permit No.: AWS540062 Amount assessed: $655.15

Please use this form when requesting remission of this civil penalty. You must also complete the
“Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts”
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).

___ (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);

___ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);

___ (c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);

___ (d) the violator had not been assessed civil penalties for any previous violations;

___ (e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).

EXPLANATION:

\Rem. req.
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF LENOIR

IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
RODNEY D. SMITH )
)
)
)
PERMIT NO. AWS540062 ) FILE NO. PC-2020-0046

Having been assessed civil penalties totaling $655.15 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, June 25, 2021, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.

This the ____________________ day of _______________________, 2021

________________________________
Signature

ADDRESS

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TELEPHONE

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