800016_DV-2020-0050 Remission (Decision)_20211217

December 17, 2021

CERTIFIED MAIL - #7017 0190 0000 1635 3795
RETURN RECEIPT REQUESTED
Jeffery McNeely
G & M Milling Co Inc.
Osborne Dairy
4000 Taylorsville Hwy.
Statesville, NC 28625

SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
G & M Milling Co Inc.
Case Number DV-2020-0050
Permit No. AWC800016
Rowan County
Dear Mr. McNeely:

A final agency decision on your request for remission of the subject civil penalty will be made
by the Committee on Civil Penalty Remissions (Committee) of the Environmental Management
Commission (EMC) on Thursday, January 13, 2022.

You have communicated that you wish to make an oral presentation of your remission request
before the Committee. Please come prepared to present your remission request at this meeting.
You will be allowed approximately five (5) minutes to speak. Please be advised that the
Committee cannot consider any information other than that submitted in the original remission
request. Please note, the State Bar’s recent Opinion regarding the unauthorized practice of law
affects your method of presenting at the Committee.

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. Also, be advised that the
Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if
the Committee is informed that a potential violation regarding the unauthorized practice of law
has occurred.
DocuSign Envelope ID: 96FAE606-25B2-44E8-BDDE-DE33A8B8211B

Mr. Jeffery McNeely
CCPR Appearance Notification
p.2

Time and Location of Meeting

The Committee will convene at 12:30 p.m. or 15 minutes following the closing of the regularly
scheduled business meeting of the EMC, if that meeting does not adjourn before 12:30 p.m. The
Committee meeting will be held in the Department of Public Safety Conference Room (Room
G24D), on the ground floor of the Archdale Building, located at 512 North Salisbury Street in
Raleigh, North Carolina (see enclosed map).
COVID-19 Protocols
Staff and visitors to the Archdale Building are required to wear masks or face coverings and
adhere to social distancing guidelines within the building’s common areas, which includes
meeting rooms.
Other Things to Know About The Meeting

The length of an EMC meeting is determined by its agenda of the day and the amount of
discussion given to each topic – meetings often extend into the early afternoon. You are advised
to arrive for the Committee meeting no later than 12:30 p.m. in order to ensure your opportunity
to present your case before the Committee. If the Commission meeting runs long and you need
refreshment or food, Division of Water Resources staff can direct you to local eateries.

If you have any questions concerning this matter, please call Miressa Garoma of the Animal
Feeding Operations Program at [phone].

Sincerely,

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

enclosure
cc: Mooresville Regional Office
Enforcement File DV-2020-0050
Laserfiche File No: 800016
DocuSign Envelope ID: 96FAE606-25B2-44E8-BDDE-DE33A8B8211B