020002_PC-2022-0031 Payment Request_20220729

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Kent Herman
Herman Dairy Farm, Inc
530 Ned Herman Road
Taylorsville, NC 28681
Dear Kent Herman:
NORTH CAROLINA
Environmental Quality
July 29, 2022
SUBJECT: Request for Payment of Civil Penalty
Enforcement File No. PC-2022-0031
Alexander County
On June 1, 2022, the Director of Division of Water Resources (DWR) assessed a civil penalty against you
in the amount of $4,697.20, including $197.20 in investigative costs, for failure to provide a valid certified
Operator in Charge, and for failing to properly inspect the waste collection system.
In the remission request letter DWR received on July 14, 2022, you chose `not' to waive your right to an
administrative hearing in the form for `WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS'. DWR cannot grant remission without the permittee waiving the right
to an administrative hearing. Therefore, the civil penalty of $4,697.20 should be paid within 10 days of
receipt of this letter unless you filed for an administrative hearing with the Office of Administrative
Hearings (OAH) with in the specified time according to DWR letter of June 1, 2022.
If any civil penalty has not been paid within 30 days after the final agency decision has been served on the
violator, North Carolina General Statue 143-215.6A (g) allows the Secretary of the Depailnient of
Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any
county in which the violator resides or has his or its principal place of business to recover the amount of
the assessment. The Division has the certified mail green card that shows you received the Final Agency
Decision on June 11, 2022.
This letter serves as final notice that the Division will proceed to refer your case to the North Carolina
Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of your
receipt of this notice, and the North Carolina Attorney General's Office will seek collection through the
courts.
Should you need to discuss a payment plan or have any questions, please contact Miressa D. Garoma at
[phone].
cc: Mooresville WQROS Regional Office
File # PC-2022-0031
Laserfiche File No.: 020002
�D_EQNORTH CAROLINA
oopammoM of me ou.i�
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
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