Field Office Compliance - Assistance

Assistance ID - 128272

Curtis J Fox - 315979652

3423 Walnut Ave Elma, IA 50628

Mitchell County

FO 2

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Attached Files/Reports

File Name	File Type	File Date	Note

Comments

Date	Comment	Commenter
6/9/2023	Ted then referenced the letter's language informing him that he was being referred for enforcement action and asked if he would have an opportunity to appeal that decision. I explained that what I would do at this time is document his call and our discussion, but that I would have to wait for JK's return from vacation to circle back with him. Then, if necessary, the three of us could have a joint discussion of the matter. I very clearly stated that I could not make Ted any promises that we would not still proceed with a referral, but that if we did so he would still be afforded the opportunity to appeal any resulting enforcement order. Ted thanked me for the discussion and information, and agreed with proceeding in the manner I had proposed.	TRENT LAMBERT
6/9/2023	Ted also questioned the methodology of JK's stream sampling and why his letter only included one sample result when he had witnessed JK take at least two samples. He also inquired as to the relevance of the different samples that had been taken. I explained DNR's standard sampling procedure (i.e., upstream, downstream and discharge itself) and the relevance of one sample in comparison to the others, for the dual purpose of documenting a discharge and documenting any impact by a discharge upon the receiving stream. I also explained that the most likely reason he only received on sample result is that JK's letter to him would have only been a condensed, synopsis of the situation and would have likely referenced only the most relevant sample result. I explained that JK's inspection memo to the Record would be significantly more detailed and would include all sample results, and that this additional information could easily be made available to Ted if he wished. Ted was accepting of these explanations and stated that he understood.	TRENT LAMBERT
6/9/2023	0920 Hrs: I received a call from cattle producer Ted Fox. Ted explained that he had received Jeremy Klatt's (JK) letter regarding the discharge situation at his (Ted's) feedlot and he felt there were several statements made in the letter were were inaccurate. Primarily, he felt that JK was confusing two separate incidents, one of which he had fixed a couple years ago. He further explained that the current situation was due to a 4.5-inch rain event the day before JK was at the feedlot. He stated the problem is that there is a 12-inch main tile on the other side of the road that feeds a 7-inch tile going through his field. During large rain events, the 7-ich tile cannot handle the load from the 12-inch tile, and it overtops; it is not that the tile is broken as JK suspected. Ted stated that he intends to install a larger tile through his field, but it will take a couple weeks to get a tile contractor a on-site, and the fact that they will have to tile underneath the road adds difficulty to project with having to do utility locates, etc. I stated that I appreciated his timely calling, so that we could discuss the matter, that it was good that he was taking action to remedy the situation and that we fully understood that a project of this type won't happen overnight.	TRENT LAMBERT

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