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HomeMy WebLinkAbout040022_PC-2020-0017 Remission (Request)_20200731July 24, 2020 Heath C. Robinson Animal Feeding Operations Program Division of Water Resources 1636 Mail Service Center Raleigh, NC 27699-1636 Dear Mr. Robinson: RECEIVED JUL 81 2020 NO ElOfce This letter is in reference to the certified letter 1 received stating civil penalties totaling $4,827.98. 1 would like to request a waiver of the fines and/or penalties assessed.. 1 would like to offer the pay for the investigative costs that were incurred. 1 have tried my best within my power to make the corrections to the errors and this is what has been done to date. 1. The waste storage pond has been pumped regularly to maintain the required adequate freeboard. Enclosed you will find copies of my pump/application records. 2. The start pump freeboard indicator has been installed and verified by Technical Specialist Richard E. Pigg. Enclosed is a photo of the indicator. 3. 1 have installed two (2) rain gauges and 1 daily monitor and record any precipitation as required. Enclosed are copies of the Waste Structure Freeboard and Daily Precipitation Records since the inspection made on February 28,2020. 4. In the reference that there is no valid permit, the farm belongs to my mother, Sarah Frances Stegall. 1, Brent Stegall, lease and operate the farm and 1 am the permit holder for the waste storage pond and subsequent waste management of the farm. Enclosed is a copy of the Notification of Change of Ownership form. 5. Please take into consideration that in all the years that we have had the waste storage we have never been cited before. 1 would like to apologize for these issues that have arisen and assure you that records, etc. will be kept moving forward and any violations or issues encountered will be immediately reported as required by law. Thank you in advance for your consideration in this matter. Sincerely, Brent Stegall, operator Permit # AW5820030 Stegall Farms, LCC Enclosures sbs Page 2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF ANSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SARAH FRANCES STEGALL PERMIT NO. AWC040022 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2020-0017 Having been assessed civil penalties totaling $4,827.98 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 25, 2020, 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 jilly , 2020 IIECEWED JUL 3 12020 R Centtra Office Aeyet ezAttA Signature ADDRESS } 1175 41 Woad _ Pe iilvid, NC 2 ?133 TELEPHONE — Brctif .SfC9Q 1/ fO pierator 0�fgr fn co- 00-g22-25yf JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2020-0017 Assessed Party: Sarah Frances Stegall Permit No.: AWS820030 County: Anson Amount assessed: $ 4,827.98 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 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); 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; (b) (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: Pleases Sec ...dalect / f t-r, Lon s, and plhofos, EGE%VED \Rem. req. JUL 31 ZOZO NC DEO/DWR ^^ntrel Office Form SLUR-2 Tract # Field size (acres) _ (A) Farm Owner Owner's Address Owner's Phone # Crop Type a [21 Date inun/dd/yr) Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle %03Y jJ Ll Field # %131'V Facility Number Spreader Operator Spreader Operator's Address Operator's Phone # From Waste Utilization Plan Recommended PAN Loading (lb/acre) = (B) A 11;a1F.;-? # of Loads Per Field 54 Volume of Loads()) 3 roo (4) Total Volume (gallons) (2) x (3) 146600 Crop Cycle Totals Volume per Acre (gals/acre) [41= (Al_ 30V Owner's Signature Certified Operator (Print) (6Z 22 /00 Waste Analysis (2) PAN (lbs/1000 gals) Operator 's Signature Operator Certification # (1) Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual. (2) See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of Land application events. (3) Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event. C71 PAN Applied (lbs/acre) 1(6lx(5)1+L000 -1, '3 -) . // 3 ) IS) Nitrogen Balance(3) (lbs/acre) (B) - (7) 9 7'" Form SLUR-2 Tract # Field size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Crop Type Field # Slurry and Sludge Application Field Record One Form for Each Field Per Crop Cycle /2- 7 Facility Number Spreader Operator Spreader Operator's Address Operator's Phone # From Waste Utilization Plan Recommended PAN Loading (lb/acre) = (B) .22 S) 5 l l Date (mm/ddlyr) SLI _ # of Loads Per Field I zf Volume of Loads(I) - Total Volume (gallons) (2) x (3) ,--� Volume per Acre (gals/acre) IC ÷ lA) _. Waste Analysis (2) PAN (lbs/1000 gals) PAN Applied (lbs/acre) 1(6) x 5)1 = 1.000 Nitrogen Balance(3) (lbs/acre) - (7) 3/t/io e5 / r3 c /�cC'b Sy‘3 . g0 3, l S S.nJ(B) 2,91_ _ ,J t caiDMVP Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operator Certification # (l) Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual. (2) See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events. (3) Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event, FRBD-1 FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record Farm Owner f .J4 r[7 FY4 n r ♦i~] Sfrij u l l Operator BveH Facility Number Month/Yea �dZlr vi as Waste Structure Freeboard (inches)1,2 1 2 Precipitation (inches)3 Initials Comments 3 7 4 5 6 8 9 10 11 12 13 7' 14 15 16 41. 17 18 19 111 20 0.41 21 22 23 1► 24 25 26 ,11J 1 27 28 29 AMMi 30 31 i I I J 1',' 1. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of Liquid and the bottom of the spillway should be recorded. 2. Freeboard levels must be recorded at least weekly. L 3. Rainfall must be recorded for every rain event. /� T 3 0 �'p r UpFJv ar f\ FORM FRBD-1 Farm Owner Operator Waste Structure Freeboard and Daily Precipitation Record SkFcili f;"tfOJfr 5 -1fgrew/ Sky v e 11 Facility Number Month/Year /o Day Waste Structure Freeboard (inches)1.2 Precipitation Initials Comments # # # # # # es {inch3 Ij 1 2 3 4 5 6 7 8 9 f .07 10 11 12 13 i2„ 14 15 I 16 17 18 i 1 19 20 2' 1,3" 21 22 23 24 ,4 .2 I 25 26 27 28 29 I 30 .2 / ' i( 31 J 1. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard levels must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. FORM FRBD-1 Farm Owner Operator 1Oay 1 2 3 4 L I 8 9 10 Waste Structure Freeboard and Daily Precipitation Record --S0' 11;,iCe ..S J t'rJ/S fJc/4I • Waste Structure Freeboard (inches)l.2 # # Facility Number Month/Year 2' 22 S 2c Precipitation Initials inches a ) • Comments Comments 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 h7 r 5- 31 1. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2 Freeboard levels must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record Farm Owner Operator r Day I 1 eu1rt l ral y t5 - t 4 4/1 Reoff- Facility Number 1 Month/Year Waste Structure Freeboardjinchesjl.2 0y f )2 Precipitation Initials {inches a Comments 2 4 5 6 7 18 9 10 11 12 73 14 15 I16 17 18 19 20 L2 it .1 f f 22 23 I 24 1 25 26 27 J 28 I 29 30 31 1 • .GZj I,1 { 1. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard levels must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. FORM FRSD-1 Farm Owner Operator Day Waste Structure Freeboard and Daily Precipitation Record &rail Frrai 4-._s 5 2 13"rdf Sfggd( Facility Number Month/Year, Waste Structure Freeboard (inches)1.2 1 2 3 4 6 i Oy i2 7 .102a Precipitation Initials inches 3 Comments 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .l 1 26 27 28 29 30 31 1_ Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard levels must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. Notification of Change of Ownership Animal Waste Management Facility (Please type or print all information that does not require a signature) In accordance with the requirements of 15A NCAC 2T .1304(c) and 15A NCAC 2T .1305(d) this form is official notification to the Division of Water Resources (DWR) of the transfer of ownership of an Animal Waste Management Facility. This form must be submitted to DWR no later than 60 days following the transfer of ownership. General Information: Previous Name of Farm:_ Previous Owper(s) Name: Lit New Owner(s) Name: Cec+ l F Sfe 1. ' beeegs iirr2N �71it[C-b 5/Ppg1/ Facility No: Phone No: Phone No: 7d#- 272- 7if(s)3 New Farm Name (if applicable): - p Mailing Address: if 7 3' S tce j a I 1 Ri oca F (-f l o a i C- 2g 132 � Farm Location: Latitude and Longitude: / County: f s n5 On Please attach a copy of a county road map with location identified, and provide the location address and driving directions below (Be specific: road names, directions, milepost, etc.): Operation Description: Type ofSwine No. ofAnimals Type of Swine No. ofAnimals ❑ Wean to Feeder 0 Gilts ❑ Wean to Finish 0 Boars ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish Other Type of Livestock: Number ofAnimals: Acreage Available for Application: Required Acreage: Number of Lagoons / Storage Ponds: Owner / Manager Agreement I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance procedures established in the Certified Animal Waste Management Plan (CAWMP) for the farm named above and will implement these procedures. I (we) know that any modification or expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a permit modification before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25-year. 24 hour storm and there must not be run-off from the application of animal waste. I (we) understand that this facility may be covered by'a State Non -Discharge Permit or a NPDES Peimit and coinpletion of this form authorizes -the- --- Division of Water Resources to issue the required permit to the new land owner. Ccc d F • Si-d if( — Decc4s - Date: Type of attle C' airy 0 Beef Type of Poultly ❑ Layer ❑ Pullets No. ofAnimals No. ofAnimals Name of Previous Land Owner: Signature: Name of New Lan ,Owner: S elr ev h Fra_ t1 US SkQ Gt l i Signature: c ./ .r . `. _ Date: D 7/j/jqP Total Capacity: Cubic Feet (ft3) Lcsse�. Name of Manager (if different from owner): Signature: Please sign and return this form to: Date: Animal Feeding Operations N. C. Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center Raleigh, NC 27699-1636 June 12, 2015 N DA&CS Agronomic Division Phone: (919) 733-2655 Website: www.ncagr.govlagronomil Report No. FY20-W004192 Predictive Waste Report Farm: Not Provided Client: Brent Stegall 1164 Stegall Rd Peachland, NC 28133 Anson County Advisor: Sampled: 01/02/2020 Received: 01/09/2020 Completed: 01/16/2020 PALS #: 186937 PALS #: Sample Information ID: 01 Code: LSD Description: Dairy Liq, Slurry Grower Comments: Dairy Nutrient Measurements are given in units of parts per million (ppm), unless utherwise specifed. Other Results Nitrogen (N) 1 P K Ca Mg S Fe Mn Zn Cu B Mo I C Al Na CI Total N: I 53.6 1210 159 117 14.6 15.9 0.79 0.32 0.13 0.55 - I - 4.09 92.9 Total Kjeldahl N: 181 Inorganic: SS EC pH BD CCE ALE C:N DM NO3-N I (10-5 S/cm) (mS/cm) (Unitless) (Ib/yd3). (%) (1000 gal) (Unitless) (%) 7.46 - Application Method: Broadcast North Carolina Pbacco Trust Fund Commission Estimate of Nutrients Available for First Year (lb/1000 gal) N P20s K20 Ca Mg S Fe Mn Zn Cu B Mo I Al Na CI 0.60 1.02 12.1 1.32 0.98 0.12 0.13 0.01 0.00 0.00 0.01 - I 0.03 0.77 Other Results (lb/1000 gal) Reprogramming of the laboratory -information -management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard environmental quality. - Steve Troxler, Commissioner of Agriculture.