080022_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

sS
State of North Carolina -
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MIL
RETURN RECEIPT REQUESTED
Anna W. Jernigan
126 East Askewville Street
Windsor NC 27983
09"FA
[DEHNF=1
July 28, 1994
Subject: NOTICE OF VIOLATION
ASSESSMENT OF CIVIL PENALTIES
Animal Waste Management System Registration
As Per 15A NCAC 2H .0217 (c)
Bye County_
Case No.: RL94-04
Dear Anna W. Jernigan:
RECEIVED
WASHINGTON OFFICE
hijiG 0 2 1991Y
0. E. r t.
This letter transmits a civil penalty assessed against Anna W. Jernigan for failure to register
an animal. feedlot operation in compliance with Tide 15A of the North Carolina Administrative
Code, Chapter 2, Subchapter 2H, Section .0217 (c).
This assessment is based on the following facts: While the Registration Form for Animal
Feedlot Operations has been submitted, it was not received prior to the December 31, 1993
deadline. I conclude FARMER'S NAME violated or failed to act in accordance with the
requirements of 15A NCAC 2H .0217 (c). Therefore, I hereby assess FARMER'S NAME a
$100.00 civil penalty for this violation pursuant to G.S. 143-215.6A (h).
In reaching this decision to assess only $100.00, I have taken into consideration that the
registration form, while late, was voluntarily submitted. If you had been found operating without
being properly registered, a civil penalty of up to $10,000.00 could have been assessed.
Within thirty days of receipt of this notice, you must choose one of the three following
options concerning the civil penalty assessment:
I. Submit payment of the penalty:
Payment should be made directly to the Department of Environment, Health, and
Natural Resources (do not inclade 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:
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

L-I
Page 2
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a
detailed justification for such request.
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
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 that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B7282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
3 _ Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with
the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North
Carolina 27611-7447. A copy of the petition must be served on the Department as
follows:

AN,
Page 3
Office of General Counsel
Department of Environment, Health, and Natural Resources
Post Office Sox 27687
Raleigh, North Carolina 27611-7687
Failure to exercise one of the options above within jhLrty clays as evidenced by a date stamp
(not a postmark) indicating when we received your response, will result in this matter being
referred to the Attorney General's Office with a request to initiate a civil action to collect the
penalty. Please be advised that additional assessments may be levied for future violations which
occur after the review period of this assessment.
If you have any questions concerning this matter, please contact the WQ Regional
Supervisor, Roger Thorpe Washington Regional Office, at [phone] or Dianne Williams
Wilburn at [phone], extension 233.
ATTACEM NTS
cc: Vregional. S UpEL-y isor
Complianceh nforcement File
Central Files
Sincerely,
� I
A. Preston Howard Jr., P.E