710052_Remission (Request)_20211110

MIKE HOPE FARMS
826 CHANCEY RD
CLINTON, NC 28328 RECEIVED
October 8, 2021 NOV 10 2021
NC DEQ/DWR
Central Office
North Carolina Division of Water Resources
Animal Feeding Operations Program
Mrs. Christine B. Lawson
1636 Mail Service Center
Raleigh, NC 27699-1633
Dear Mrs. Lawson,
In response to your ASSESSMENT OF CIVIL PENALTIES, ENFORCEMENT FILE PC-
2021-0019 for James Michael Hope, M&D Sow Farm (71-52) dated August 25, 2021,
and received by me on October 12, 2021, I submit the following:
1. Waiver of Right to an Administrative Hearing and Stipulation of Facts:
2. Justification of Remission Request:
This Justification of Remission Request is based on the following:
(b) : violator promptly abated continuing environmental damage resulting from
the violation:
My employee began an irrigation event on March 2, 2021 and inspected the land
application event —1.5 hours later. During that inspection he saw that water had ponded
at the edge of the field. He immediately turned the system off but did not realize that the
waste had left the field and gotten into the woods and the adjacent creek. I have since
given explicit training so that if staff sees another incident, that they investigate it
thoroughly and notify me immediately if there is a discharge. I will then promptly notify
your office in the future should this ever occur again. After discovery of the discharge by
DWR staff, we pumped mixed rainwater and wastewater out of the field, woods and
creek into the upper parts of the field for over 6 hours on March 3rd. We also ran a
subsoiler over the field to facilitate better infiltration. This cleanup cost approximately
$900. After meeting with your staff and Soil & Water staff we hauled dirt into the low
area and shaped the field at a cost of approximately $3,500. We also placed a fence
around the upper area of the creek to keep cattle from getting into the wetland area.
This fencing cost us around $1,200. This was not required but was done for further
protection of the creek. As was mentioned in your letter, there was no harm to natural
resources, public health nor private property observed. Regarding the leak at the pump,
where your letter noted high vegetation, was not in the sprayfield where the irrigation

runoff occurred. This area is not a wetland but to reduce leaking from the pump I placed
a brick wall around the irrigation pump pad to channel any leaks of wastewater back into
the lagoon. This repair cost over $500. All irrigation pumps must have a slight leak
around the pump shaft packing to function properly. We will make sure this one is
greased properly and maintained to keep the leakage to a minimum.
(c) : the violation was inadvertent or as a result of an accident:
This discharge event was without a doubt, accidental. We had a tremendous amount of
rainfall last winter and early spring and have tried to be careful in land application to
avoid ponding and runoff. The farm has wet -natured soils and we must be careful when
applying waste. Obviously, we overestimated the soil's ability to absorb the wastewater
applied. I regret that this incident occurred, and we are better managing the farm to
prevent any damage to our environment. I have given further training to my employee
regarding irrigation scheduling and inspections, especially when weather conditions are
less than favorable. Better planning is also being employed.
(d) : the violator had not been assessed civil penalties for any previous violations:
We have had no violations on this farm or my other farms before this incident. I am
proud of our inspection history and plan to keep an event such as this from ever
occurring again.
I understand that we made a mistake. Thankfully it appears that this mistake did not
harm our environment. I feel though that the associated fines with this event are
excessive taking the environmental impact into account. I also seek relief when you
consider the tremendous amount of money we have spent to avert this situation from
occurring again plus the expense of fencing my cattle out of the creek. Therefore, I
respectfully seek some remission of the fine for this unfortunate event.
If you need further information regarding this response, please call me at 910-590-7830.
Thank you for your attention to this matter.
Sincerely,
James Michael Hope
RECEIVED
N0V 10 2021
NC Central Office

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
JAMES MICHAEL HOPE
PERMIT NO. AWS710052
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2021-0019
Having been assessed civil penalties totaling $ 15,278.78 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated August 25, 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
NOV 10 2021
NC DELI/DWR
Central Office
day of ! V c v�^^ic- , 2021
Signature
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2021-0019
Assessed Party: M & D Sow Farm
Permit No.: AWS710052
County: Pender
Amount Assessed: $ 15,278.78
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) 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);
(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).
EXPLANATION:
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\Rem. req.
RECEIVED
NOV 10 2021
NC DEQ/DWR
Central Office