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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