090099_Remission (Decision)_20211217

December 17, 2021
CERTIFIED MAIL - # 7017 0190 0000 1635 4228
RETURN RECEIPT REQUESTED

Barry D. Billups
Barry Billups Farm
928 Culbreth Road
Elizabethtown, NC 28377

SUBJECT: Request for Remission of Civil Penalty
Farm # 09-0099
Bladen County
Permit No. AWS090099
File No. DV-2020-0031

Dear Barry D. Billups:
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 $1,250.00 of the $5,621.26 civil penalty assessment. The
revised civil penalty is therefore a total amount of $4,371.26, which includes $621.26 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 Program
1636 Mail Service Center
Raleigh, NC 27699-1636

OR

DocuSign Envelope ID: 5D2C747F-2E5C-4A94-8782-72BEADD57F42

2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final 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 Program
1636 Mail Service Center
Raleigh, NC 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.

Please be advised that the EMC’s Committee on Civil Penalty Remissions will make its
remission decision based on the original assessment amount. Therefore, the EMC may
choose to uphold the original penalty amount and offer no remissions, they may agree
with the DWR Director’s remission recommendation detailed above, or the penalty
amount may be further remitted.

Thank you for your cooperation in this matter. If you have any questions, please contact
Miressa Garoma at [phone].

Sincerely,

Ramesh Ravella, Supervisor
Animal Feeding Operations Branch

Attachments
cc:
File # DV-2020-0031
Laserfiche File No. 090099
DocuSign Envelope ID: 5D2C747F-2E5C-4A94-8782-72BEADD57F42