HomeMy WebLinkAbout090139_DV-2022-0009 Remission (Decision)_20220707DocuSign Envelope ID: DB8D42F0-1A28-4E7B-8DF9-C39EC66C4A13
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 7, 2022
CERTIFIED MAIL - # 7018 1830 0001 8035 4434
RETURN RECEIPT REQUESTED
Prestage Farms Inc.
Randy Barefoot
PO Box 438
Clinton NC 28328
SUBJECT: Request for Remission of Civil Penalty
Farm # 09-0139
Bladen County
Permit No. AWS090139
File No. DV-2022-0009
Dear Prestage Farms Inc:
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 $3,900.00 of the $13,828.68 civil penalty assessment. The
revised civil penalty is therefore a total amount of $9,928.68, which includes $828.68 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 Depailiuent of
Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your
receipt of this letter to the attention of:
OR
D_E
NORTH CAROLINA
Deperhrent of Environmental Oueihy
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
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: DB8D42F0-1A28-4E7B-8DF9-C39EC66C4A13
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 (919) 707-3665.
Attachments
cc:
File # DV-2022-0009
Laserfiche File No: 090139
NORTH CARntnt El NA
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Sincerely,
DocuSigned by:
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Ramesh Ravella, Supervisor
Animal Feeding Operations Branch
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