710006_Remission (Decision)_20180509

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Water Resources
Environmental Quality
May 7, 2018
CERTIFIED MAIL-.#7016 2140 0000 -0562 4059
RETURN RECEIPT REQUESTED "
Dean Hilton
Greenwood Livestock, LLC
PO Box 535
Elizabethtown, NC 2.8337
Dear Mr. Hilton:
ROY COOPER
Governor
MICHAEL S1. REGAN
, Secretary
LINDA CULPEPPER
Interim Director
SUBJECT: Request for Remission of Civil Penalty
Farm # 11-0066 .
Pender County -
Permit No. WMI N
File No. DV-2017-0080
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 remitted $500.00 of -the $5,931.49 civil penalty assessment. The revised
civil penalty is therefore a total amount of $5;431;49, which includes $2,431.49 in, investigative
costs. A copy of the Director's decision isattached.
Two options are available to you at this stage of the remission process:
1) You may pay,the penalty..
If you decide to pay the penalty please make your check payable- to the- Department of_
Environmental Quality (DEQ). Send the payment -within thirty (30) calendar days,of your
receipt of this letter to the attention- of:
Miressa Garoma
NC DEQ-DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
-"Nothing .compares =ti,. .
>:= :•:�:'a•5 ',< r .. State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

2) . You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the fmal decision on your remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, your request
for remission with supporting documents and the recommendation of the Director of the North
Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty
Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached'Request for Oral Presentation Form within thirty (30) calendar days of
receipt of this letter. Send the completed form to:
Miressa Garoma
NC DEQ-DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If
a presentation,is not required, the final decision will be based upon the written record. -
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its
remission decision based on the original assessment amount. Therefore, the EMC may
choose to uphold the original penalty amount and offer no remissions, they may agree
with the DWR Director's remission recommendation detailed above, or the penalty
amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact
Miressa D. Garoma at (919) '807-6340.
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
ATTACHMENTS
cc:MA"1�mlrlgto�'�-V�Ln QRC2S- Reg�on Supen,Lo RECEIVED
File # DV-2017-0080 k;
WQROS Central Files (AWS710006) MAY 0 9 2018
NCDEQ
WILMINGTON RO

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2017-0080 Region: Wilmington County: Pender
Assessed Entity: Greenwood Livestock, LLC Permit: AWS710006
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly, applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
® (c) Whether the violation was inadvertent or a result of an accident:
The farm owner's repsonse indicates that the event was the result of an accident.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
The current owner has not been assessed any penalties for this farm. They purchased the farm in March 2017.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Payment of this civil penalty should not negatively affect any remaining remedial actions. Per their response,
they have already spent over $200,000 on farm improvements including electrical repairs, new equipment and
repairing the irrigation system.
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes❑ Non
Partial Remission [,ij'$5bo.oa (Enter Amount Remitted)
Linda Culpepper Date
rev 1.0 — 8.31.09

f�
1
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
GREENWOOD LIVESTOCK, LLC
DWR Case Number: DV-2017-0080
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 lawvers 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 corporation, 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