820104_Remission (Request)_20210720

July 15, 2021
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
To whom it may concern:
RECEIVED
JUL 2 0 2021
NC DEQ/DWR
Central Office
I am writing this letter in response to a June 22, 2021 Assessment of Civil Penalties issued to the Lula
Carter Farm in Sampson County. This letter is intended to be a written request for remission as outlined
in your letter. As instructed, please see the justification for remission organized by the five factors
considered.
Were one or more of the civil penalty assessment factors in NCGS wrongfully applied to the detriment of
the violator? We do not dispute that the irrigation equipment noted was in bad repair at the time of
the inspection. We also do not dispute that the condition of the equipment prevented the operator
from using the system in the manner in which it was originally designed. However, the equipment was
being used in a manual mode by the operator, with the irrigation gun being moved and operated more
like a solid set type system. The operator was unaware that utilizing the equipment in this manner was
a compliance issue and care was always taken to prevent off -site runoff of manure effluent from the
site.
Did the violator promptly abate continuing environmental damage resulting; from the violation? We do
not think that there was environmental damage from the violation. Regardless, once informed that the
manner in which the equipment was being used was a violation of the permit, we immediately began
acquiring replacement equipment and/or repairing existing equipment, and operating it according to
the design. Specifically, two additional used reels were purchased, and 3 existing reels were repaired at
significant expense to the farm. This response was noted in a follow up visit by the agency a few weeks
after the initial inspection. We feel this swift action demonstrates the farm's commitment to operating
in a compliant manner.

Was the violation inadvertent or a result of an accident? As stated above, the operator was not aware
that the manner that the equipment was being operated was in violation of the permit. Based on this,
we feel that the violation was inadvertent and not intentional.
Has the violator been assessed civil penalties for any previous violations? The farm has not been
assessed civil penalties for previous violations.
Will payment of the civil penalty prevent payment for the remaining necessary remedial actions? As
described above, we have already spent a considerable amount of money improving the irrigation
equipment at the farm. We plan additional improvements to both our irrigation equipment, and land
application fields over the next several months. This fine would likely prevent us from completing
several of the planned improvements given the amount of money that has already been spent. We
would request a remission of the fine amount so we will be in a better financial position to complete
planned improvements.
As required, please find attached the 'Waiver of Right to an Administrative Hearing and Stipulation of
Facts'. We ask that you consider our request for remission based on the items outlined above.
Finally, we wanted to point out that a Certificate of Registration No. MHC000097 for Gerald Wayne
Sanders, Jr. was mistakenly included in the package of materials sent to us.
Sincerely, ,
0`k`�
Lula Carter Farm
Enc.
RECENE'D
JUL g, 0 2021

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
G. W. CARTER
PERMIT NO. AWS820104
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2020-0031
Having been assessed civil penalties totaling $9,354.98 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, June 22, 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
RECEIVED
slUL2,02021
ONMS
Central Offi e
day of� f c , 2021
Signature „ esx-
ADDRES S
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TELEPHONE
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2020-0031
Assessed Party: G.W. Carter
Permit No.: AWS820104
County: Sampson
Amount assessed: $9,354.98
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 ofFacts"
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) 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);
(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).
one or more of the civil penalty 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);
EXPLANATION:
\Rem. req.
RECEIVED
JUL 2 0 2021
NC DEQ/DWR
Central Office