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.