440013_PC-2021-0031 Remission (Request)_20211112

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To whom it mayconcern, , NC pEC1pW�
Central Off
This letter is in response to a violation we were sited with on Jan 12, 2021. I am
going to sign the letter of remission waiving my right to a hearing. I am not doing
this for admission of guilt or lack of evidence that what I done was wrong, giving the
circumstances. I just don't have the time or resources to fight it. However, I would
like to request that the civil penalties be reconsidered based on the facts below.
I. Land application in excess.
Prior to hauling that day, I did not agitate the pond. So yes there was on excessive
amount of water put in one area but the concentration of nutrients was very
minimal. When the land dried up in the spring, before planting, we took a dozer and
bladed off the area and spread it in a much larger area that would be more in
accordance with land application rates. I could provide soil samples of the area to
prove that there was no damage to the soil if need be. More over, I contacted the
landowner prior to doing this to make sure they did not have a problem with what I
was doing.
II. Failure to prevent excess ponding.
Intentional berms put in place at this site. These berms where placed to ensure that
none of the waste could even come close to any surface waters or could harm
anything around the site. Based on the location and the topography to this site, I felt
that it was the most responsible place to do something like this in a dire situation.
III. Failure to notify the Division Regional office.
With regard to this, I am aware that in our permit it clearly states that we are to
notify to office if freeboard exceeds the appropriate level. However, there have been
a couple times in the past that we have ask qualified individuals in the office what
we should do if our freeboard reaches an unsafe level during major rain events
when we cant get in the fields to apply. Our answer each time is "I don't know, just
call us". Looking back on it now, I should have called but I don't think it would have
changed the outcome for the better. If anything it could have worsened the situation.
January 12 was on a Friday and if I recall correctly, it was going to rain more
through the weekend. So had I called, and waited for someone to try and figure out
somewhere to go with the water other than the fields that where impassable or the
neighbors lagoons that where all ready full or for the more common answer "I don't
know just don't let it run over". My lagoon would have certainly ran over and been a
direct discharge into the creek below.
In conclusion, I understand the need for rules and why what I done was not
permitted and shouldn't be done on a normal basis. I was just trying to manage my
situation with what I had to work with and the brief window of time that I had to do
it in to prevent a possible environmental disaster.
Best regards,
Phillip Ross

JUSTIFICATION FOR REMISSION REQUEST
RECEIVED
Case Number: PC-2021-0031
Assessed Party: Steven M. Ross
Permit No.: AWC440013
County: Haywood
Amount assessed: $ 3,188.90
NOV 12 2021
NC DEQ/DWR
Central Office
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a)
(b)
one or more of the civilpenalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i. e., explain why the
/� violation was unavoidable or something you could not prevent or prepare for);
I/ (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
STEVEN M. ROSS
PERMIT NO. AWC440013
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2021-0031
Having been assessed civil penalties totaling $3,188.90 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated July 6, 2021, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the
day of 196 :ter , 2021
'ature
ADDRESS
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