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Home My WebLink About020002_PC-2022-0031 CPA_20220601DocuSign Envelope ID: C38D1 E96-536E-423A-A6E5-F15545B030D7 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 1, 2022 CERTIFIED MAIL - #7018 0040 0001 1449 6481 RETURN RECEIPT REQUESTED Kent Herman Herman Dairy Farm, Inc 530 Ned Herman Road Taylorsville, NC 28681 SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2T .0105(e)(2) Farm # 020002 Alexander County Enforcement File No. PC-2022-0031 Dear Kent Herman: This letter transmits notice of a civil penalty assessed against Kent Herman in the amount of $4,500.00 and $197.20 in investigative costs, for a total of $4,697.20. 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 Depaitnient 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: NORTH CAROLINA o�mm�M mro��l o�.i� Miressa D. Garoma Animal Feeding Operations Program Division of Water Resources 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 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: C38D1 E96-536E-423A-A6E5-F15545B030D7 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. NORTH CARntnt Fl NA reM m En vironmental ou.nry North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: C38D1 E96-536E-423A-A6E5-F15545B030D7 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: (919) 431-3000 Fax: (919) 431-3100 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 (919) 707-3665. ATTACHMENTS cc: File # PC-2022-0031 w/ attachments Alexander County Health Department Laserfiche File No: 020002 NORTH CARntnt El NA reM m En vironmental ou.nry Sincerely, cDocuSigned by: 8FB19B649DD2478... Jeff Poupart, Chief Water Quality Permitting Section Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129