090139_DV-2022-0009 Remission (Request)_20220607

Prestage Farms, Inc.
June 3, 2022
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
RE: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm #090139
Bladen County
Enforcement File No. DV-2022-0009
Dear Mr. Garoma:
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This letter and enclosed documents are submitted in response to the civil penalty assessment that
is referenced above and received by Prestage Farms on May 9, 2022. On behalf of Prestage Farms,
we are respectfully submitting a request for remission of the amount of the civil penalty assessed.
Please find enclosed two completed documents as requested in your letter of assessment.
1. "Waiver of Right to an Administrative Hearing and Stipulation of Facts"
2. "Justification for Remission Request"
Thank you for your consideration of the additional information that is being provided via this
request for remission.
Sincerely,
c
VAIL
Zack McCullen, III
Vice President, Swine Division
Randy Barefoot
Director, Land and Nutrient Management
Enclosures (2)
Copy: J. Trent Allen, Regional Supervisor
Division of Water Resources, Fayetteville Regional Office
HIGHWAY 421 SOUTH • P.O. BOX 438 • CLINTON, N.C. 28329-0438 • PHONE [phone]

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PRESTAGE FARMS, INC.
PERMIT NO. AWS090139
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2022-0009
Having been assessed civil penalties totaling $13,828.68 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, April 29, 2022, 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
3rd
RECEIVED
JUN 0`7 2022
NC DEQ/DWR
Central Office
day of June . 2022
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Signature
ADDRESS
Prestage Farms
P.O. Box 438
Clinton NC 28329
TELEPHONE
910-592-5771

JUSTIFICATION FOR REMISSION REOUEST
Case Number: DV-2022-0004
Assessed Party: Prestage Farms, Inc.
Permit No.: AWS090139
County: Bladen
Amount assessed: S13.828.68
JUN t� a
NC DEQ/DWR
Central Office
Please use this form when requesting remission of this civil penalty. You must also complete the
"Reauest For Remission. Waiver of Right to an Administrative Hearint. and Stipulation o1 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(t)] 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
wrongfull} 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);
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(c) the violation was inadvertent or a result of an accident (i.e., explain why the
m p o < violation was unavoidable or something you could not prevent or prepare for);
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m 7 N (d) the violator had not been assessed civil penalties for an. previous violations:
X ;b) the violator promptly abated continuing environmental damage resulting from the
violation (Le., explain the steps that you took to correct the violation and prevent future
occurrences);
(e) pa• ment of the civil nenalo, will prevent payment for the remaininq necessai
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
(b) When management became aware of the excessive ponding that resulted following the land application
event on October 20, 2021, waste recovery commenced as soon as necessary equipment and personnel
could be assembled. In efforts to abate any environmental damage, waste was recovered and returned to
the lagoon as soon as possible with all waste contained on the farm property.
In addition, extensive corrective actions have been completed on the farm since that time to prevent future
occurrences. These include cleaning out ditches on borders of fields to allow for better drainage as well
as spraying weeds, ripping, plowing, and discing twice to properly prep field for a contracted engineering
firm to topo and provide a drainage plan.

Page 2
Case Number: DV-2022-0009
Assessed Party: Prestage Farms, Inc.
Permit No.: AWS090139
County: Bladen
Amount assessed: $13.828.68
RECEIVED
JUN 0 7 2022
NC DEQ/DWR
Central Office
Currently, the drainage plan is being staked out and the contractor is moving in heavy equipment to do
the necessary work. Completion of the project with all grade improvements is projected for June 30,
weather permitting. Planting along with permanent vegetation for waterways and buffers are to follow.
After field drainage and waterway buffers are planted, the current irrigation design will be reassessed. It
will be determined at that time if reallotment of zones or fields is required.
Furthermore, several personnel changes in operations have occurred in 2022. As noted in the company's
January response to the Division of Water Resources Fayetteville Regional Office, new leadership is now
in place for the working group responsible for managing the cropping system for timely removal of crops
on company -owned farms. Beyond that one personnel change, the operator -in -charge (OIC) for the farm
at the time of the October 20, 2021 violation is no longer employed with Prestage Farms and a new OIC
has been assigned.
In-house training will continue for all personnel who serve in an OIC role for Prestage Farms' permitted
facilities. The first of such required training sessions was completed in March of 2022 with approximately
12 staff members participating.
Costs for the corrective and preventive actions outlined have totaled more than $34,500 to date, and the
immediate cleanup costs of more than $15,000 are not included in that amount. Another $3,500 is
projected to complete the buffers and waterways mentioned above and additional costs are expected when
the current irrigation design is reassessed. Those additional costs could be as much as $60,000.
Through all of these actions and expenditures, it is Prestage Farms' intent to go beyond correcting any
environmental damage caused by any cited violations to significantly improving field conditions as well
as providing adequately trained staffing and oversight to ensure compliance with this farm's permit in the
future.
Prestage Farms requests consideration of this comprehensive effort as a factor in this request for remission.
\Rem. req.