020005_Remission Decision_20180803

ROY COOPER
Gmwrtor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
lnhrfm 04mlor
NORTH CAROLINA
Fnvlronnurntal Quailty
CERTIFIED MAIL -70151520 0000 7838 4825
RETURN RECEIPT REQUESTED
Joyce J. Payne
Superior Jersey Farm
1265 Payne Dairy Rd
Taylorsville, NC28681-9442
Dear Ms. Payne:
August 3, 2018
RECEIVE. D/NCDENl
AUG 7 2018
MOORESVILLWOROS
E REGIONAL OFFICE
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 02-0005
Alexander County
File No. PC -2017-0053
Permit No. AWCO20005
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina
Division of Water Resources considered the information you submitted in support of your request for
remission and decided to remit the entire civil penalty in the amount of $213.00 and hereby close our case
number PC -2017-0053.
Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division
from taking future enforcement action against the subject facility should additional violations occur.
Thank you for your cooperation in this matter. If you have any questions, please contact
Miressa D. Garoma at [phone].
�
/j� Sincerely, D
ebra alts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
Attachments
cc: Mooresville WQROS Regional Supervisor
File # PC -2017-0053
WQROS Central Files (AWCO20005)
North Carolina Department of Environmental Quality I Division of Water Resources IAFOGW Section
512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707.9129

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC -2017-0053 Region: Mooresville County: Alexander
Assessed Entity: Joyce Payne Permit: AWCO20005
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
Civil penalties were assessed by the Central Office forfailure to pay annual fees. The assessment appears to have
been correctly applied.
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
Fees for 2016 and 2017 appear to remain outstanding. No environmental damage is associated with failure to
pay the fees.
M(c) Whether the violation was inadvertent or a result of an accident:
MRO believes that the failure to pay was inadvertent. The permittee, Timothy Payne, passed away on April 30,
2017.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Since 2015, BIMS documented violations include failure to pay annual fees (2014 & 2016), failure to conduct a
waste analysis, and a freeboard violation including failure to notify the division of emergency situations. Only
the failure to pay the fees in 2016 went to assessment, which is the subject of this remission request.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
The farm was depopulated of cattle shortly after the death of Mr. Payne. MRO has provided paperwork to the
widow and has discussed the situation with Alexander SWCD to request a zero population permit and the route
to lagoon closure. It is not clear if civil penalty payment would prevent closure of the facility.
The MRO recommends full remission of the penalty including enforcement costs given the situation.
DECISION (Check One)
Request Denied ❑
Full Remission Z Retain Enforcement Costs? Yes ❑ Nod
Partial Remission ❑ $ (Enter Amount Remitted)
Lind Culpepper Date
rev I.0-8..31.09

STATE OF NORTH CAROLINA
COUNTY OF ALEXANDER
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
JOYCE PAYNE
ENVIRONMENTAL MANAGEMENT COMMISSION
DWQ Case Number: PC -2017-0053
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no
factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a comoration, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a
license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE