990012_Enforcement (Letter)_20230712

DocuSign Envelope ID:0328F2AE-lDB2-4211-9150-A17A3025DD2B
ROY COOPER cd _
Governor d C
ELIZABETH S.BISER ;e
Secretary •E .
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
July 12,2023
CERTIFIED MAIL-#7003 1010 0003 0390 4289
RETURN RECEIPT REQUESTED
Tim A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend,NC 27018
SUBJECT: Assessment of Civil Penalties for Violation(s)of
15A NCAC 2T .0105(e)(2)
Farm#990012
Yadkin County
Enforcement File No. DV-2023-0093
Dear Tim A. Smitherman:
This letter transmits notice of a civil penalty assessed against Tim A. Smitherman in the amount of
$11,000.00 and $881.73 in investigative costs, for a total of $11,881.73. 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
Department 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.,
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
NORTM9CAROLINA 512 North Salisbury Street 11636 Mail Service Center I Raleigh,North Carolina 27699-1636
919.707.9129
/`�

DocuSign Envelope ID:0328F2AE-1DB2-4211-9150-A17A3025DD2B
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.I(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.
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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh,North Carolina 27699-1636
NORTH CAROUNA _
Depwbnwd„F r��,�wla,\ /./ 919.707.9129

DocuSign Envelope ID:0328F2AE-1DB2-4211-9150-A17A3025DD2B
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 §15013-23.2)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: [phone]
Fax: [phone]
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 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.
Sincerely,
DocuSigned by:
32BDA3BFE00 4C5...
Michael Pjetraj,P.E.
Deputy Director
Division of Water Resources
ATTACHMENTS
cc: File#DV-2023-0093 w/attachments
Yadkin County Health Department
Laserfiche File No: 990012
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh,North Carolina 27699-1636
NORTH CAROUNA _
Depwbnwd„F r��,�wla,\ /./ 919.707.9129