HomeMy WebLinkAbout130686_Remission (Decision)_20230907 N*C
REPLY TO:
STATE OF NORTH CAROLINA PHILLIP T.REYNOLDS
JOSH STEIN DEPARTMENT OF JUSTICE ENVIRONMENTAL DIVISION
ATTORNEY GENERAL preynolds@ncdoj.gov
(919)716-6971
September 7, 2023
CertiFed Mail/Return Receipt Requested
Mr. Samuel Flowe Return Receipt No. 7002 3150 0000 1285 5454
Flowe Dairy
Post Office Box 123
Midland,NC 28107
Re: Assessment of Civil Penalty against Samuel Flowe
Animal Feeding Operation Permit#:
General Permit#: AWG100000
DWR-DV-2021-0066
Dear Mr. Flowe:
Enclosed is the Final Agency Decision of the Environmental Management Commission
assessing a civil penalty and investigative costs against Samuel Flowe totaling $6,738.16.
According to North Carolina General Statutes § 143-215.5 and § 15013-45, you may seek judicial
review of the Commission's decision in the appropriate Superior Court by filing a petition within
30 days of receipt of the written copy of the Final Agency Decision. A copy of the judicial review
petition must be served on the Commission's agent for service of process at the following address:
William F. Lane, General Counsel
Dept. of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
If you choose to file a petition for judicial review, I request that you also serve a copy of
the petition for judicial review on me at the address listed in the letterhead.
If you do not appeal the Final Agency Decision, payment must be submitted to the
Department of Environmental Quality within 30 days of receipt of this final agency decision by
mailing a check made payable to the Department of Environmental Quality to:
Miressa D. Garoma —(919) 707-3665
NC DEQ-DWR—Animal Feeding Operations Program
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
WWW.NCDOJ.GOV 114 W.EDENTON STREET,RALEIGH,NC 27603 919.716.6600
P.O.Box 629,RALEIGH,NC 27602
Samuel Flowe
Flowe Dairy
September 7,2023
Page 2
If you fail to pay the penalty within 30 days of receipt of the final decision document, the
Department will seek to collect the amount due through a civil action commenced in Superior
Court.
Sincerely,
/s/Phillip T. Reynolds
Phillip T. Reynolds
Special Deputy Attorney General and
Counsel for the Environmental Management Commission
cc: Robin W. Smith, Chair, EMC (electronically)
Lois Thomas-Spence, Recording Clerk, EMC (electronically)
Richard F. Rogers, Jr., DWR Director(electronically)
Andrew H. Pitner, P.G. Ass't Regional Supervisor(electronically)
Michael P. Pjetraj, Ass't Branch Chief WQ Permitting Sec. (electronically)
Miressa D. Garoma, Animal Feeding Operations Program(electronically)
WWW.NCDOJ.GOV 114W.EDENTON STREET,RALEIGH,NC 27603 919.716.6600
P.O.Box 629,RALEIGH,NC 27602