820086_Enforcement (Other)_20240926

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON DV-2020-0088
IN THE MATTER OF:
SETTLEMENT AGREEMENT
BRYAN MCLAMB
Bryan McLamb and the North Carolina Department of Environmental Quality ("DEQ"),
Division of Water Resources ("DWR") hereby enter into this Settlement Agreement in order to
resolve a matter in controversy between them. This matter arose out of the September 22, 2020,
assessment of a civil penalty in the amount of$71,000.00 and $16,698.43 in investigative costs,
for a total penalty of$87,698.43.
NOW THEREFORE, for and in consideration of the mutual promises contained herein
and without the adjudication of the findings of fact or conclusions of law set forth herein, the
Parties agree to settle the controversy as follows:
1. In order to avoid the cost and delay of litigation, the Parties have entered into this
Agreement.
2. Bryan McLamb shall pay DEQ $22,239.00 ("Settlement Amount") in thirteen (13)
consecutive payments. The first payment, due at the time of signing this Agreement, shall
be in the amount of one thousand eight hundred thirty-nine dollars ($1,839.00). The next
twelve (12) consecutive payments, paid quarterly to DEQ, shall be in the amount of one
thousand seven hundred dollars ($1,700.00). The sum of the payments shall total the
Settlement Amount of Twenty-Two Thousand Two Hundred Thirty-Nine Dollars
($22,239.00). The final payment is due, and must be received, no later than three years
from the date of execution of this agreement or October 15, 2027, whichever is sooner;

however, larger monthly payments may be made at any time, and the Settlement Amount
may be paid in full at any time. The payments shall be made by check and made payable
to the "North Carolina Department of Environmental Quality" and delivered to the
following address:
Regular or certified mail:
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
3. Where payment is refused by the bank for any reason, it is a breach of the terms of this
Agreement, and DEQ shall be entitled to charge and collect the costs for processing each
returned check.
4. If Bryan McLamb violates the provisions of Paragraph 2 above,DEQ shall provide written
notice, by United States Mail, first class postage prepaid, and by email, of such violation
to Mr. McLamb and his counsel at the following address and email address, and shall allow
a ten(10) day right to cure the violation:
Bryan McLamb
Quality Equipment LLC
655 Pugh Rd.
Clinton,NC 28328
David J. Topping, Esq.
david.topping&phelps.com
If Mr. McLamb does not cure the violation within fourteen (14) days after the date said
email is sent from DEQ to Mr. McLamb's attorney as set forth above, Mr. McLamb shall
immediately owe DEQ the entire amount of the original civil penalty assessment, i.e.,
$87,698.43, including interest and costs, less any payments already made, and DEQ is
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authorized by Bryan McLamb to file a Confession of Judgment for that amount in superior
court.
5. The notice provision of Paragraph 4 above is limited to three notices from DEQ.
Therefore, after Bryan McLamb violates Paragraph 2 above three times,with proper notice
from DEQ for each violation pursuant to Paragraph 4 and a sufficient cure by Mr. McLamb
within fourteen (14) days of each notice, any further violation of Paragraph 2 by Mr.
McLamb will result in the entire amount of the original civil penalty assessment, i.e.,
$87,698.43, including interest and costs,less any payments already made,being due in full
immediately to DEQ, and DEQ is authorized by Mr. McLamb to file a confession of
judgment for that amount in superior court.
6. Bryan McLamb expressly agrees that by entering into this Agreement, Bryan McLamb
waives, for purposes of collection of any sums due hereunder, any and all defenses to the
underlying civil penalty assessment, and that the issues in any action to collect said penalty
will be limited to Bryan McLamb's compliance with the terms of this Agreement.
7. The Parties agree and acknowledge that they have reviewed, negotiated and agreed to the
terms herein as a result of an arms' length transaction entered in good faith. No inference
or presumption shall be made against the drafter of this document as to the meaning of any
term herein.
8. The Parties agree and acknowledge that the consideration for this settlement is the promises
contained herein and that this Agreement contains the whole agreement between them.
9. This Agreement shall be construed and interpreted in accordance with the laws of the State
of North Carolina, without giving effect to North Carolina's rules concerning conflicts of
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laws. The exclusive venue for enforcement of this Agreement is the Courts of North
Carolina.
10. This Agreement shall become effective immediately following execution by both of the
Parties. In the interests of time and efficiency, the signature pages may be delivered
separately to the Parties. Scanned and e-mailed execution are as valid as original execution.
Thereafter, all copies of the Agreement and executed signature pages shall constitute an
original.
11. This Agreement shall be binding upon the Parties, their successors and assigns, upon
execution by the undersigned, who represent and warrant that they are authorized to enter
into this Agreement on behalf of the Parties hereto.
12. This Agreement is entered into knowingly, intelligently, and voluntarily.
[Signatures to follow]
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY, DIVISION
OF WATER RESOURCES
By: �e
Richard E. Rogers, Jr.
Director, Division of Water Resources
North Carolina Department of Environmental Quality
Date: 9/26/2024
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BRYAN MCLAMB
By:
BryfiMcLanib '
Date;
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STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF SAMPSON CVS
STATE OF NORTII CAROLINA, ex rel.,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY,
CONFESSION OF JUDGMENT
Plaintiff,
V.
BRYAN MCLAMB,
Defendant.
Bryan McLamb,pursuant to Rule 68.1 of the North Carolina Rules of Civil Procedure,
hereby confesses and authorizes the entry of judgment against him in the amount of eighty-seven
thousand six hundred ninety-eight dollars and forty-three cents ($87,698.43), less any payments
made as described below, in favor of the North Carolina Department of Environmental Quality
("DEQ"), and in support thereof shows unto the Court the following:
I. The name of the prospective plaintiff is the North Carolina Department of
Environment and Natural Resources ("Plaintiff"), a.department of the State of North Carolina,
with its principal office and place of business in Wake County,North Carolina.
2. The name of the prospective defendant is Bryan McLamb ("Defendant"), resident
of Sampson County,North Carolina.
3. Defendant is indebted to the Plaintiff pursuant to the provisions of a
Memorandum of Settlement, executed on or around September 25,2024, wherein Defendant
agreed to pay Plaintiff the sum of twenty-two thousand two hundred and thirty-nine dollars

($22,239.00) in settlement of a civil penalty with DEQ file number DV-2020-0088 ("Settlement
Amount"). This Settlement Amount was to be paid as described in Paragraphs 4 through 6
below.
4. The Settle Amount was to be made in thirteen(13) consecutive payments as
follows:
a. The first payment was to be in the amount of one thousand eight hundred and
thirty-nine dollars ($1,839.00), with the first payment due at signing.
b. The second through thirteenth payment were to be in the amount of one
thousand seven hundred dollars ($1,700.00),paid quarterly.
c. These payments were be made in the form of a check or money order made
payable to Plaintiff, and delivered to the following address:
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
5. If Defendant violated the provisions of the paragraph above, Plaintiff was to
provide written notice, via United States Mail and email, of such violation to Defendant and
Defendant's counsel at the following address and email address, and allow a fourteen(14) day
right to cure the violation:
Bryan McLamb
Quality Equipment LLC
655 Pugh Rd.
Clinton,NC 28328
bmelamb�gualityeguip com
David J. Topping, Esq.
david.topping_a phelps.com
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If Defendant did not cure the violation within this fourteen (14) day period after such notice from
Plaintiff,then the entire amount of the original civil penalty assessment, i.e., $87,698.43,
including interest and costs, less any credits for payments made by Defendant to Plaintiff under
this agreement, was due in full immediately to Plaintiff, and Plaintiff was authorized by
Defendant to file this Confession of Judgment in superior court.
6. The notice provision of Paragraph 5 above was limited to three notices from
Plaintiff. Therefore, after Defendant violated Paragraph 4 above three times, with proper notice
from Plaintiff for each violation pursuant to Paragraph 5 and a sufficient cure by Defendant
within fourteen (14) days of each notice, any further violation of Paragraph 4 by Defendant
resulted in the entire amount of the original civil penalty assessment, i.e., $87,698.43, including
interest and costs, less any credits for payments made by Defendant to Plaintiff under this
agreement, being due in frill immediately to Plaintiff, and Plaintiff was authorized by Defendant
to file this Confession of Judgment in superior court.
7. This Confession of Judgment may be signed out-of-court, out-of-term, out-of-
county and out-of-district.
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Date: '' (� ��
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STATE OF NORTH CAROLINA
VERIFICATION
COUNTY OF SAMPSON
Bryan McLamb, being first duly sworn, deposes and says:
He has read the foregoing Confession of Judgment and the statements contained therein
are true of his own knowledge, except for those matters and things stated therein upon information
and belief, and as to those things, 1i-��8�"fir S• em to be true.
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6N-yaircLamb
Sword to and subscribed before me
T is a�O"�day of CMb� , 2024
N ry Pu lic
N tary Name: n4- 'a `-'~ iWWI-
My Commission Expires:
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