Haywood Co. Enforcements

Cate of North Cc na
'bDepartment of 6 onment,
Health and Natural Resources
vision of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
N. Preston Howard, Jr., P.E., Director
March 13, 1997
CERTIFIED MAR,
RETURN RECEIPT REQUESTED
Mr. Bob Davis, Manager
Laurel Ridge Country Club
630 Eagle's Nest Road
Waynesville NC 28786
SUBJECT: Assessment of Civil Penalties for Violation(s) of `
N.C. General Statute(s) 143-215.1
Piedmont Golf Development Corporation MAR 1 7 1997
Haywood County. L
File No. CV 96-002
rr
Dear Mr. Davis:
This letter transmits notice of a civil penalty assessed against Piedmont Golf Development
Corporation in the amount of $890.08, including $390.08 in enforcement costs.
Attached is a copy of the assessment document explaining this enal
under the authority vested in me by delegation pursuant to N.C. 143-215.6A(h)acAny ontition was nuin
violation(s) may be the subject of a new enforcement action, including an additional penalty.
b
Within thirty days of receipt of this notice, you must do one of the following:
1 • Submit payment of the penalty:
Payment shouuld be made directly to the order of the Department of Environment, Health,
and Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
P.O. Box 29535
OR Raleigh, North Carolina 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer FAX [phone]
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2 • Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or lea
al dispute. You must execute and return to this office the attached waiver and es in
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282.1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of.
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3 • Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request
an administrative hearing. This request must be in the form of a written petition
to the Office of Administrative Hearings and must conform to Chapter 150B of
the North Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Richard B. Whisnant
Registered Agent
Dept. of Environment, Health, and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

Failure to exercise one of the options above within thirty days, as evidenced by a date
Stamp (not a postmark) indicating when we received your response, will result in this matter
)eing referred to the Attorney General's Office with a request to initiate a civil action to collect
:he penalty. Please be advised that additional assessments may be levied for future violations
Nhich occur after the review period of this assessment.
526. If you have any questions, please contact Linda Forehand at [phone], extension
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: ;Region al_Supeivisor-w/-attachments-
`Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

OF NORTH CAROLINA
Y OF HAYWOOD
IN THE MATTER OF )
PIEDMONT GOLF DEVELOPMENT )
CORPORATION )
LAUREL RIDGE COUNTRY }
CLUB - DOGWOOD POINTE )
FOR CONSTRUCTION OF A )
SEWER SYSTEM )
WITHOUT A PERMIT )
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. CV 96-002
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-
215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of
Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Piedmont Golf Development Corporation is a corporation
organized and existing under the laws of the State of North
Carolina.
B. Piedmont Golf Development Corporation is the developer
of Dogwood Pointe located at Laurel Ridge Country Club in
Haywood County.
C. On October 1, 1996, DWQ staff inspected Dogwood Pointe and
observed the construction of a sewer system.
D. A search of DWQ records showed that a permit had not been
issued as of the date of the inspection for the above cited
construction.
E. The costs to the State of the enforcement procedures in this
matter totaled $390.08.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Piedmont Golf Development Corporation is a "person"
within the meaning of G.S. 143-215.6 pursuant to G.S.
143-212 (4) .

B. The sewer system cited in finding of Fact C above falls
within the definition of same at G.S. 143-213(15).
C. A permit is required for the construction of a sewer
system pursuant to G.S. 143-215.1(a)(2).
D. Piedmont Golf Development Corporation may be assessed
civil penalties pursuant to G.S. 143-215.6A(a)(2) which
provides that a civil penalty of not more than ten
thousand dollars per violation may be assessed against a
person who is required but fails to apply for or to
secure a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be
assessed against Piedmont Golf Development Corporation
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-
282.1 (b) (8) .
F. The Director, Division of Water Quality, pursuant to
delegation authorized by G.S. 143-215.6A(h), has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,
I make the following:
III. DECISION:
Piedmont Golf Development Corporation is hereby assessed a
civil penalty of:
$- ra For failing to apply for or to secure a
permit as required by G.S. 143-215.1 for construction of the
subject sewer line.
$ 5" • ° L) TOTAL CIVIL PENALTY, which is .0
of the maximum penalty authorized by G.S. 143-215.6A. percent
$ 3 %' d• Uy Enforcement costs
$ C6 / ® • 6 y TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the
penalty I considered the factors set out in G.S. 143B-282.1(b), which
are:
(1) The degree and extent of harm to the natural resources of the
State, to the public health, or to private property resulting
from the violation;
(2) The duration and gravity of the violation;

The effect on ground or surface water quantity or quality or
on air quality;
The cost of rectifying the damage;
(5) The amount of money saved.by non-compliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory.authority; and
(8) The cost to the State of the enforcement procedures.
(Date) � A. Pr ston Howard, Jr., P.E., Director
Division of Water Quality
-3-

ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
for
violation(s) as set forth in the assessment document of the Director of the Division of Water Qualitv
dated,
E OF NORTH CAROLINA
NTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO.
Having been assessed civil penalties totalling
the undersigned, desiring to seek remission of the civil
penalties, 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.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
19

W-M
STATE OF NORTH CAROLINA
COUNTY OF HAYWOOD
TOWN OF WAYNESVILLE AND
WAYNESVILLE TREATMENT PLANT,
Petitioner,
V.
DEHNR, DIVISION OF WATER QUALITY,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
97 EHR 0088
TRANSMISSION OF
DOCUMENT CONSTITUTING
AGENCY ACTION
NOW COMES the respondent, by and through its counsel of
record, Michael F. Easley, Attorney General, and Sueanna P.
Sumpter, Assistant Attorney General, and, pursuant to the Order of
the Administrative Law Judge, transmits the document which it
believes caused the filing of the petition for contested case
hearing.
This the �'_ day of March, 1997.
MICHAEL F. EASLEY
Attorney General
P
Sueanna P. Sumpter U
Assistant Attorney General
N.C. Department of Justice
Suite 203, 11 North Market Street
Asheville, North Carolina, 28709
Telephone: [7041 251-8083
State Bar No. 9404

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CERTIFICATE OF SERVICE
I hereby certify that on this day a copy of the foregoing
TRANSMISSION OF DOCUMENT CONSTITUTING AGENCY ACTION was served upon
the parties to this action by depositing a copy of same into an
official depository of the United States Postal Service, first-
class postage prepaid, and addressed as follows:
W. Kearns Davis; Jr., Esq.
Brooks Pierce McLendon Humphrey & Leonard LLP
P.O. Box 26000
Greensboro NC 27420
This the r A day of March, 1997.
Sueanna P. Sumpter
Assistant Attorney General

Fa
of North Carolina
rtment of Environment,
h and Natural Resources
ivision of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 23, 1997
MS DEAN FARRAR
CHIEF HEARINGS CLERK
OFFICE OF ADMINISTRATIVE HEARINGS
POST OFFICE DRAWER 27447
RALEIGH NC 27611-7447
RE: Civil Penalty Assessment Against Piedmont Golf Development Corp./ Laurel Ridge
Country Club
Haywood County
Our File No. CV 96-002
Dear Ms. Farrar:
Would you please search your records and determine if any of the individuals and/or entity
listed above has filed a Petition for a Contested Case Hearing on or before April 18, 1997?
If no petition was filed by April 18, 1997, please ask Judge Mann to execute the attached
certification and return it to my attention at the address below:
Linda Forehand
Water Quality Section
Division of Water Quality
P. O. Box 29535
Raleigh, NC 27626-0535
If you have any questions concerning this matter, please contact me at 733-5083, ext. 526.
Thank you for your cooperation in this matter.
Sincerely,
Linda Forehand
Compliance Group
cc: Enforcement File
Asheville Regional Office .
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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F NORTH CAROLINA IN THE OFFICE OF
OF WAKE ADMINISTRATIVE HEARINGS
CERTIFICATION
The undersigned hereby certifies that, as provided in G.S. 7A-750, he is the custodian of
records of the contested cases filed pursuant to G.S. 150B-23(a), that he has made a diligent
search of the records of this Office and has found that through April 18, 1997, no open petition
exist that was filed by Piedmont Golf Development Corp./ Laurel Ridge Country Club sufficient to
commence a contested case concerning the matter of violations of G.S. 143-215.1 for failing_to,
apply for or to secure a permit as required and civil penalties/investigative costs totaling $890 08
assessed by the Director on March 11, 1997.
This the day of
1994.
Julian Mann, III
Chief Administrative Law Judge
Director

April 21,1997
LEE GALLAWAY
WAYNESVILLE, TOWN-IMP/TOWN
PO BOX C-100 106 S MAIN ST
WAYNESVILLE, NC 28786
SUBJECT: CERTIFICATE OF'"COMPLETION
PERMIT NO. WQ0012049
WAYNESVILLE, TOWN-IMP/TOWN
HAYWOOD COUNTY
Dear Permittee:
On March 04, 1996 the Division of Water Quality issued you the subject
permit. One of the conditions of the subject permit read as follows:
Upon completion of construction and prior to operation of this permitted
facility, a certification must be received from a professional engineer
certifying that the permitted facility has been installed in accordance
with the requirements of this permit and the approved plans,and
specifications. Mail certification to the Permits and Engineering Unit,
P.O. Box 29535, Raleigh, N.C., 27626-0535.
To date, our records show that no certification has been received for the
subject permit. If the permitted facility has been constructed and placed into
operation please submit the required certification immediately. ''Operation of
the treatment system prior to submission of the required certification is in
violation of your permit and is subject to enforcement action. If you have any
questions, please contact your consulting engineer for this project, MCGILL
ASSOCIATES at [phone]. If the facility has not been constructed, please
contact the Asheville Regional Office at [phone], so that they can update
their records.

you for your prompt attention to this matter.
Sincerely,
0PJGii.,
JOHN SEYMpUR FOR
Colleen Sullins, Supervisor
State Engineering Review Group
asneville Regional Office

E OF NORTH CAROLINA
TY OF HAYWOOD
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 95 CvS 518
STATE OF NORTH CAROLINA, ex rel. )
JONATHAN B. HOWES, Secretary, )
North Carolina Department of )
Environment, Health, and Natural )
Resources, )
)
Plaintiff, )
V. )
LOUIE A. COCHRAN and PATRICIA )
COCHRAN, d/b/a COCHRAN PIG FARM )
Defendants. )
)
CONSENT JUDGMENT
The State of North Carolina, plaintiff herein, and Louie A.
Cochran and Patricia Cochran, -defendants herein, hereby agree to
entry of this Consent Judgment by the Court in order to amicably
resolve the matters in controversy in the above -styled civil
action. This 'Consent Judgment is premised upon the following
stipulated:
FINDINGS OF FACT
1. Defendants are the owners of a certain tract of land
located in Haywood County, North Carolina and hereinafter referred
to as the "subject property." Defendants operate a business on the
subject property known as the Cochran Pig Farm. The defendants
maintain less than 250 swine on the property. The business has
been designated a "Concentrated Animal Feeding Operation" pursuant
to 15A N.C. Admin.. Code 2H .0122 and 40 C.F.R. 122.23.
2. The defendants' business. is.located along an unnamed
tributary to Hyatt Creek, being Class C waters located in the
French Broad River Basin. An animal waste lagoon is located
immediately adjacent to the unnamed tributary. The lagoon is used
to collect "washdown" from the farm, consisting of animal waste and
cleanings from the feeding trough.

�e=
3. The defendants do not have a permit to make an outlet or
discharge animal waste into the waters of the State.
4. The defendants have made unpermitted discharges of waste
from the lagoon into the unnamed tributary in violation of N.C.G.S.
§ 143-215.1(a)(1). This action was commenced by the plaintiff to
restrain and prevent such discharges.
5. In addition, the defendants owe to the plaintiff the sum
of five thousand four hundred ninety-nine dollars and five cents
($5,499.05). This sum represents the outstanding balance owed on
certain civil penalties assessed on 27 January 1994 by the
Director, Division of Environmental Management, against the
defendants in the original total amount of six thousand three
hundred thirty-nine dollars and five cents ($6,339.05) in
enforcement case CD 94-001. These penalties were assessed against
the defendants for certain of their unpermitted discharges made in
violation of N.C.G.S. § 143-215.1(a)(1).
6. The parties enter into the following:
AGREEMENTS
a. The defendants will pay to the plaintiff the unpaid
civil penalties, in the total amount of five
thousand four hundred ninety-nine dollars and five
cents ($5,499.05).
The penalties will be paid according to the
following schedule: the sum of one thousand
dollars ($1,000.00) shall be paid by no later than
5 October 1995 and the remaining sum of four
thousand four hundred ninety-nine dollars and five
cents ($4,499.05) shall thereafter be paid in
twenty-two (22) monthly installments, twenty-one
(21) in the amount of two hundred and ten dollars
($210.00) each, with a twenty-second (22nd) and
final payment in the amount of eighty-nine dollars
and five cents ($89.05).
Payments will be made by check or money order
payable to the North Carolina Department of

- 3 -
Environment, Health, and Natural Resources or
"DEHNR" and will be forwarded to the following
address:
Ms. Nancy K. Andrews
File Management Assistant
Environmental Protection Division
N.C. Department of Justice
P.O. Box 629
Raleigh NC-27602-0629.
All payments will be forwarded by the defendants so
as to be actually received by the plaintiff by no
later.than the fifth (5th) day of each month.
b. The defendants shall either implement an approved
animal waste management plan or shall cease
operating and close the pig farm according to an
approved closure plan in accordance with the terms
of this Agreement.
C. By no later than 1 November 1995, the defendants
shall obtain an approvable animal waste management
plan for the pig farm, to include an estimate of
the cost of implementing such plan; and shall also
obtain an approvable plan for closure of "the pig
farm, to include an estimate of the cost of
implementing such plan. The plans shall be
designed by a technical specialist designated
pursuant to rules adopted by the U.S. Department of
Agriculture - Natural Resources Conservation
Service ("NRCS") and shall meet the requirements of
15A N.C. Admin. Code 2H .0203 and 2H
. 0217 (a) (1) (H) .
d. Upon receipt of the two (2) plans, the defendants
shall make a determination as to which plan they
will implement and shall proceed to obtain the
approval of the NRCS for that plan. Upon approval
by the NRCS, the defendants shall file with the
Court and serve upon the plaintiff a copy of the
plan.

- 4 -
e. By no later than 30 November 1995, the defendants
shall commence those construction activities
necessary to implement the approved animal waste
management plan or closure, plan, as applicable.
f. If the defendants choose to implement an approved
animal waste management plan, such must be
completed by no later than 1 May 1996. If the
defendants choose to implement an approved closure
plan, such must be completed, all swine removed,
and related facilities properly closed in
accordance with the plan, by no later than 1
February 1996.
g. Pending complete implementation of either an
approved animal waste management plan or an
approved closure plan, as applicable, the
defendants shall:
1. pump out the waste stored in the lagoon as
often as necessary to maintain a sufficient
amount of freeboard (minimum of 1 foot 7
inches) and shall prevent any overflow or
other discharge of waste from the lagoon;
2. dispose of the waste removed from the lagoon
in accordance with standards and
specifications of the MRCS and in such a
manner as to assure that no such waste reaches
the waters of the State. Further, no waste
shall be applied to the land surface except at
agronomically -acceptable rates; and
3. make no outlets or discharges of waste into
the waters of the State.
h. Pending complete implementation of either an
approved animal waste management plan or an
approved closure plan, as applicable, the
defendants shall file with the Court and serve upon
the plaintiff a monthly written report designed to
demonstrate their compliance with this Consent
Judgment. Such reports will be filed with the

- 5 -
Court by no later than the last working day of each
month, with copies contemporaneously served upon
the plaintiff.
i. Should the defendants elect to implement an
approved animal waste management plan, they shall
thereafter operate in compliance with the plan.
Should the defendants elect to implement an
approved closure plan, they shall not construct or
operate a new pig farm until such time as they have
obtained a certified animal waste management plan
and implemented it and shall thereafter operate in
compliance with the plan.
j. The defendants will not .make any unpermitted
outlets or discharges of waste into the waters of
the State in the future.
k. The parties agree that failure to comply with any
of the provisions of this Consent Judgment shall
subject the violator to civil contempt proceedings,
pursuant to Article 2 of Chapter 5A of the North
Carolina General Statutes.
1. By signing this agreement, the plaintiff does not
waive its right to take any appropriate enforcement
action against the defendants in the future,
including but not. limited to assessment of civil
penalties, and the defendants do not waive any of
their rights to contest or defend against any such
enforcement actions. Should the defendants fail to
make the monetary payments in accordance with the
schedule described above, the plaintiff shall have
the right to file a civil action for collection of
the unpaid balance without further notice to the
defendants. These rights and remedies shall be in
addition to the plaintiff's right to move the Court
for issuance of an Order to show cause .why the
defendants should not,be held in contempt of Court
for failure to comply with this Consent Judgment.
M. The parties agree that this Consent Judgment may be
signed out -of -district and out -of -term.

Based on the foregoing Findings of Fact and Agreements between
parties, the Court makes the following:
CONCLUSIONS OF LAW
1. This Court has personal jurisdiction over the parties and
subject matter of this controversy. The Complaint states a claim
upon which relief can be granted.
2. The agreement entered into by the parties is fair and
will terminate the controversy between them. However, the Court
should retain continuing jurisdiction in this case until all
parties have complied with all the provisions of this Consent
Judgment.
3. The civil contempt provisions of Article 2, Chapter 5A of
the North Carolina General Statutes shall be availableto the Court
to enforce this Consent Judgment.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that:
1. The defendants will pay to the plaintiff the unpaid civil
penalties, in the total amount of five thousand four hundred
ninety-nine dollars and five cents ($5,499.05).
The penalties will be paid according to the following
schedule: the sum of one thousand dollars ($1,000.00) shall be
paid by no later than 5 October 1995 and the remaining sum of four
thousand four hundred ninety-nine dollars and five cents
($4,499.05) shall thereafter be paid in twenty-two (22) monthly
installments, twenty-one (21) in the amount of two hundred and ten
dollars ($210.00) each, with a twenty-second (22nd) and final
payment in the amount of eighty-nine dollars and five cents
($89.05) .
Payments will be made by check or money order payable to the
North Carolina Department of Environment, Health, and Natural
Resources or "DEHNR" and will be forwarded to the following
address:
Ms. Nancy K. Andrews
File Management Assistant
Environmental Protection Division

- 7 -
N.C. Department of Justice
P.O. Box 629
Raleigh NC 27602-0629.
All payments will be forwarded by the defendants so as to be.
actually received by the plaintiff by no later than the fifth (5th)
day of each month.
2. The defendants shall either implement an approved animal
waste management plan or shall cease operating and close the pig
farm according to an approved closure plan in accordance with the
terms of this Agreement.
3. By no later than 1 November 1995, the defendants shall
obtain an approvable animal waste management plan for the pig farm,
to include an estimate of the cost of implementing such plan; and
shall also obtain an approvable plan for closure of the pig farm,
to include an estimate of the cost of implementing such plan. The
plans shall be designed by a technical specialist designated
pursuant to rules adopted by the U.S. Department of Agriculture -
Natural Resources Conservation Service ("NRCS") and shall meet the
requirements of 15A N.C. Admin. Code 2H .0203 and 2H
.0217 (a) (1) (H) .
4. Upon receipt of the two (2) plans, the defendants shall
make a determination as to which plan they will implement and shall
proceed to obtain the approval of the NRCS for that plan. Upon
approval by the NRCS, the defendants shall file with the Court and
serve upon the plaintiff a copy of the plan..
5. By no later than 30 November 1995, the defendants shall
commence those construction activities necessary to implement the
approved animal waste management plan or closure, plan, as
applicable.
6. If the defendants choose to implement an approved animal
waste management plan, such must be completed by no later than 1
May 1996. If the defendants choose to implement an approved
closure plan, such must be completed, all swine removed, and
related facilities properly closed in accordance with the plan, by
no later than 1 February 1996.

- 8 -
7. Pending complete implementation of either an approved
al waste management plan or an approved closure plan, as
applicable, the defendants shall:
A. pump out the waste stored in the lagoon as often as
necessary to maintain a sufficient amount of freeboard
(minimum of 1 foot 7 inches) and shall prevent any
overflow or other discharge of waste from the lagoon;
B. dispose. of the waste removed from the lagoon in
accordance with standards and specifications of the MRCS
and in such a manner as to assure that no such waste
reaches the waters of the State. Further, no,waste shall
be applied to the land surface except at agronomically -
acceptable rates; and
C. make.no outlets or discharges of waste into the waters of
the State.
8. Pending complete implementation of either an approved
animal waste management plan or an approved closure plan, as
applicable, the defendants shall file with the Court and serve upon
the plaintiff a monthly written report designed to demonstrate
their compliance with this Consent Judgment. Such reports will be
filed with the Court by no later than the last working day of each
month, with copies contemporaneously served upon the plaintiff.
9. Should the defendants elect to implement an approved
animal waste management plan, they shall thereafter operate in
compliance with the plan. Should the defendants elect to implement,
an approved closure plan, they shall not construct or operate a new
pig farm until such time as they have obtained a certified animal
waste management plan and implemented it and shall .thereafter
operate in compliance with the plan.
10. The defendants will not make any unpermitted outlets or
discharges of waste into the waters of the State in the future.
11. By signing this agreement, the plaintiff does not waive
its right to take any appropriate enforcement action against the
defendants in the future, including but not limited to assessment
of civil penalties, and the defendants do not waive any of their
rights to contest or defend against any such enforcement actions.

By:
Id the defendants fail to make the monetary payments in
rdance with the schedule described above, the plaintiff shall
have the right to file a civil action for collection of the unpaid
balance without further notice to the defendants. These rights and
remedies shall be in addition to the plaintiff's right to move the
Court for issuance of an Order to show cause why the defendants
should not be held in contempt of Court for failure to comply with
this Consent Judgment.
12. This Court shall retain continuing jurisdiction in this
case until all parties have complied with all provisions of this
Consent Judgment.
13. The civil contempt provisions of Article 2, Chapter 5A of
the North Carolina General Statutes shall be available to the Court
to enforce this Consent Judgment.
This the day of
CONSENT:
ROBERTS, STEVENS, & COGBURN, P.A.
Attorneys for the Defendants
William Clarke, Esq.
P.O. Box 7647
Asheville NC 28802
[phone]
Louie A. Cochran
Patricia Cochran
. 1995.
Honorable Ronald K. Payne
Superior Court Judge Presiding
MICHAEL F. EASLEY
Attorney General
G� U
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
11 N. Market St. Suite 203
Asheville NC 28801
[phone]
1 \ i
Roy M. Davis
Regional Supervisor
Division of Environmental
Management

MICHAEL F. EASLEY
ATTORNEY GENERAL
,*tate of Nvrt4 Carolina
Piepartment Df JuotiCE
SUITE 203
11 NORTH MARKET STREET
ASHEVILLE, N. C. 28801
19 September 1995
William Clarke, Esq.
Roberts, Stevens, & Cogburn, P.A.
P.O. Box 7647
Asheville NC 28802
RE: State of North Carolina v. Louie A. Cochran and Patricia Cochran
Haywood County File No. 95 CvS 518
Dear Billy:
WESTERN OFFICE
PHONE [phone]
FAX [phone]
Here is a draft agreement which would resolve the above -referenced action for injunctive relief.
Please let me know if it would be satisfactory to your clients.
/SPS
xc
I look forward to hearing from you.
Roy Davis
Sincerely, Q
Sueanna P. Sumpter
Assistant Attorney General
2 L?
An Equal Opportunity / Affirmative Action Employer

STATE OF NORTH CAROLINA
COUNTY OF
RCP,ROLINA, ex rel.
OWES, Secretary,
a Department of
Health, and Natural
Plaintiff,
v.
LOUIE A. COCHRAN and PATRICIA
COCHRAN, d/b/a COCHRAN PIG FARM
Defendants.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 95 CvS 518
CONSENT JUDGMENT
The State of North Carolina, plaintiff herein, and Louie A.
Cochran and Patricia Cochran, defendants herein, hereby agree to
entry of this Consent Judgment by the Court in order to amicably
resolve the matters in controversy in the above -styled civil
action. This Consent Judgment is premised upon the following
stipulated:
FINDINGS OF FACT _._ _
1. Defendants are the owners of a certain tract of land
located in Haywood County, North Carolina and hereinafter referred
to as the "subject property." Defendants operate a business on the
subject property known as the Cochran Pig Farm. The defendants
maintain less than 250 swine on the property. The business has
been designated a "Concentrated Animal Feeding Operation" pursuant
to 15A N.C. Admin. Code 2H .0122 and 40 C.F.R. 122.23.
2. The defendants' business is located along an unnamed
tributary to Hyatt Creek, being Class C waters located in the
French Broad River Basin. An animal waste lagoon is located
immediately adjacent to the unnamed tributary. The lagoon is used
to collect "washdown" from the farm, consisting of animal waste and
cleanings from the feeding trough.

- 2 -
is do not have a permit to make.an outlet or
into the waters of the State.
ts.have made unpermitted discharges of waste
Le unnamed tributary in violation of N.C.G.S.
is action was commenced by the plaintiff to
uch discharges.
the defendants owe to the plaintiff the sum
hundred ninety-nine dollars and five cents
($5,499.05). This sum represents the outstanding balance owed on
certain civil penalties assessed on 27 January 1994 by the
Director, Division of Environmental Management, against the
defendants in the original total amount of six thousand three
hundred thirty-nine dollars and five cents ($6,339.05) in
enforcement case CD 94-001. These penalties were assessed against
the defendants for certain of their unpermitted discharges made in
violation of N.C.G.S. S 143-215.1(a)(1).
6. The parties enter into the following:
AGREEMENTS
a. The defendants will pay to the plaintiff the unpaid
civil penalties, in the total amount of five
thousand four hundred ninety-nine dollars and five
cents ($5, 499.05) . _. _ .-
The penalties will be paid according to the
following schedule: the sum of one thousand
dollars ($1,000.00) shall be paid by no later than
5 October 1995 and the remaining sum of four
thousand four hundred ninety-nine dollars and five
cents ($4,499.05) shall thereafter be, paid in
twenty-two (22) monthly installments, twenty-one
(21) in the amount of two hundred and ten dollars
($210.00) each, with a twenty-second (22nd) and
final payment in the amount of eighty-nine dollars
and five cents ($89.05) .
Payments will be made by check or money order
payable to the North Carolina Department of

- 3 -
Health, and Natural Resources or
will be forwarded to the following
Andrews
Lent Assistant
.1 Protection Division
Lent of Justice
27602-0629.
All payments will be forwarded by the defendants so
as to be actually received by the plaintiff by no
later than the fifth (5th) day of each month.
b. The defendants shall either implement an approved
animal waste management plan or shall, cease
operating and close the pig farm according to an
approved closure plan in accordance with the terms
of this Agreement. '
c. By no later than 1 November 1995, the defendants
shall obtain an approvable animal waste management
plan for the pig farm, to include an estimate of
the cost of implementing such plan; and shall also
obtain an approvable plan for closure of the pig
farm, to include an estimate of the cost of
implementing such plan. The plans shall be
designed by a technical specialist designated
pursuant to rules adopted by the U.S. Department of
Agriculture - Natural Resources Conservation
Service ("NRCS") and shall meet the requirements of
15A N.C. Admin. Code 2H .0203 and 2H
.0217 (a) (1) (H) .
d. Upon receipt of the two (2) plans, the defendants
shall make a determination as to which plan they
will implement and shall proceed to obtain the
approval of the NRCS for that plan. Upon approval
by the NRCS, the defendants shall file with the
Court and serve upon the plaintiff a copy of the
plan.

MIM
han 30 November 1995, the defendants
ce those construction activities
implement the approved animal waste
in or closure, plan, as applicable.
ants choose to implement an approved
management plan, such must be
no later than 1 May 1996. If the
)ose to implement an approved closure
,st be completed, all swine removed,
and related facilities properly closed in
accordance with the plan, by no later than 1
February 1996.
g. Pending complete implementation of either an
approved animal waste management plan or an
approved closure plan, as applicable, the
defendants shall:
1. pump out the waste stored in the lagoon as
often as necessary to maintain a sufficient
amount of freeboard (minimum of 1 foot 7
inches) and shall prevent any overflow or
other discharge of waste from the lagoon;
2. dispose of the waste removed from the lagoon
in accordance with standards' and
specifications of the. NRCS..and in such a
manner as to assure that no such waste reaches
the waters of the State. Further, no waste
shall be applied to the land surface except at
agronomically -acceptable rates; and
3. make no outlets or discharges of waste into
the waters of the State.
h. Pending complete implementation of either an
approved animal waste management plan or an
approved closure plan, as applicable, the
defendants shall file with the Court and serve upon
the plaintiff a monthly written report designed to
demonstrate their compliance with this Consent
Judgment. Such reports will be filed with the

- 5 -
later than the last working day of each
copies contemporaneously 'served upon
'f.
defendants elect to implement an
.mal waste management plan, they shall
operate in compliance with the plan.
defendants elect to implement an
sure plan, they shall not construct or
w pig farm until such time as they have
obtained a certified animal waste management plan
and implemented it and shall thereafter operate in
compliance with the plan.
j. The defendants will not make any unpermitted
outlets or discharges of waste into the waters of
the State in the future.
k. The parties agree that failure to comply with any
of the provisions of this Consent Judgment shall
subject the violator to civil contempt proceedings,
pursuant to Article 2 of Chapter 5A of the North
Carolina General Statutes.
1. By signing this agreement, the plaintiff does not
waive its right to take any appropriate enforcement
action against the defendants in the future,
including but not limited to assessment of civil
penalties, and the defendants do not waive any of
their rights to contest or defend against any such
enforcement actions. Should the defendants fail to
make the monetary payments in accordance with the
schedule described above, the plaintiff shall have
the right to file a civil action for collection of
the "unpaid balance without further notice to the
defendants. These rights and remedies shall be in
addition to the plaintiff's right to move the Court
for issuance of an Order to show cause why the
defendants should not be held in contempt of Court
for failure to comply with this Consent Judgment.
M. The parties agree that this Consent Judgment may be
.signed out -of -district and out -of -term.

will terminate
should retain
parties have
Judgment.
ing Findings of Fact and Agreements between
nakes the following:
CONCLUSIONS OF LAW
personal jurisdiction over the parties and
2ontroversy. The Complaint states a claim
granted.
entered into by the parties is fair and
the controversy between them. However, the Court
continuing jurisdiction in this case until all
complied with all the provisions of this Consent
3. The civil contempt provisions of Article 2, Chapter 5A of
the North Carolina General Statutes shall be available to the Court
to enforce this Consent Judgment.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that:
1. The defendants will pay to the plaintiff the unpaid civil
penalties, in the total amount of five thousand four hundred
ninety-nine dollars and five cents ($5,499.05).
The penalties will be paid according to the following
schedule: the sum of one thousand dollars ($1,000.00) shall be
paid by no later than 5 October 1995 and the remaining sum of four
thousand four hundred ninety-nine dollars and five cents
($4,499.05) shall thereafter be paid in twenty-two (22) monthly
installments, twenty-one (21) in the amount of two hundred and ten
dollars ($210.00) each, with a twenty-second (22nd) and final
payment in the amount of eighty-nine dollars and five cents
($89.05) .
Payments will be made by check or money order payable to the
North Carolina Department of Environment, Health, and Natural
Resources or °DEHNR" and will be forwarded to the following
address:
Ms. Nancy K. Andrews
File Management Assistant
Environmental Protection Division

M=
f Justice
Qer-*40
forwarded
by
the defendants so as
to be
Le plaintiff
by
no later than the fifth
(5th)
is shall either implement an approved animal
or shall cease operating and close the pig
farm according to an approved closure plan in accordance with.the
terms of this Agreement.
3. By no later than 1 November 1995, the defendants shall
obtain an approvable animal waste management plan for the pig farm,
to include an estimate of the cost of implementing such plan; and
shall also obtain an approvable plan for closure of the pig farm,
to include an estimate of.the cost of implementing such plan. The
plans shall be designed by a technical specialist designated
pursuant to rules adopted by the U.S. Department of Agriculture -
Natural Resources Conservation Service ("NRCS") and shall meet the
requirements of 15A N.C. Admin. Code 2H .0203 and 2H
.0217 (a) (1) (H) .
4. Upon receipt of the two (2) plans, the defendants shall
make a determination as to which plan they will implement and shall
proceed to obtain the approval of the NRCS for that plan. Upon
approval by the NRCS, the defendants shall file with the Court.and
serve upon the plaintiff a copy of the plan.
5. By no later than 30 November 1995, the defendants shall
commence those construction activities necessary to implement the
approved animal waste management plan or closure, plan, as
applicable.
6. If the defendants choose to implement an approved animal
waste management plan, such must be completed by no later than 1
May 1996. If the defendants choose to implement an approved
closure plan, such must be completed, all swine removed, and
related facilities properly closed in accordance with the plan, by
no later than 1 February 1996.

- 8 -
ete implementation of either an approved
t plan or an approved closure plan, as
ats shall:
waste stored in the lagoon
maintain a sufficient amount
1 foot 7 inches) and shall
ther discharge of waste from
as often as
of freeboard
prevent any
the lagoon;
the waste removed from the lagoon in
accordance with standards and specifications of the MRCS
and in such a manner as to assure that no such waste
reaches the waters of the State. Further, no waste shall
be applied to the land surface except at agronomically -
acceptable rates; and
C. make no outlets or discharges of waste into the waters of
the State.
8. Pending complete implementation of either an approved
animal waste management plan or an approved closure plan, as
applicable, the defendants shall file with the Court and serve upon
the plaintiff a monthly written report designed to demonstrate
their compliance with this Consent Judgment. Such reports will be
filed with the Court by no later than the last working day of each
month, with copies contemporaneously served upon the plaintiff.
9. Should the defendants elect to implement an approved
animal waste management plan, they shall thereafter operate in
compliance with the plan. Should the defendants elect to implement
an.approved closure plan, they shall not construct or operate a new
pig farm until such time as they have obtained a certified animal
waste management plan and implemented it and shall thereafter
operate in compliance with the plan.
.10. The defendants will not make any unpermitted outlets or
discharges of waste into the waters of the State in the future.
11. By signing this agreement, the plaintiff does not waive
its right to take any appropriate enforcement action against the
defendants in the future, including but not limited to assessment
of civil penalties, and the defendants do.not waive any of their
rights to contest or defend -against any such enforcement actions.

By:
fail to make the monetary payments in
zedule described above, the plaintiff shall
a civil action for collection of the unpaid
notice to the defendants. These rights and
Idition to the plaintiff's right to move the
an Order to show cause why the defendants
!ontempt of Court for failure to comply with
tall retain continuing jurisdiction in
case until all parties have complied with all provisions of
Consent Judgment.
this
this
13. The civil contempt provisions of Article 2, Chapter 5A of
the North Carolina General Statutes shall be available to the Court
to enforce this Consent Judgment.
This the day of , 1995.
CONSENT:
ROBERTS, STEVENS, & COGBURN, P.A.
Attorneys for the Defendants
William Clarke, Esq.
P.O. Box 7647
Asheville NC 28802
[phone]
Louie A. Cochran
Patricia Cochran
Honorable Ronald K. Payne
Superior Court Judge Presiding
MICHAEL F. EASLEY
Attorney General
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
11 N. Market St. Suite 203
Asheville NC 28801
[phone].
Roy M. Davis
Regional Supervisor
Division of Environmental
Management

-251-6338
ex rel.
itary,
It Of
E Natural
V.
LOUIE A. COCH AN and PATRICIA
coCHRAN, d/b/e t!OCHRAN PIG FARM
Defendants.
Sep 12 '95 11:20 P.01/06
IN THE GENERAL COURT OF JUSTICH
SUPERIOR COURT DIVISION
FILE NO. 95 CvS 518
r-7 C, dr
fax Trq�irtfttpl
�' of paQas► .
a yr
'
FZ ZIZ
C�
CO.ri
33f1
CONSENT JUDG74=4'I
The State of North Carolina, plaintiff herein, and Louie A.
Cochran a=id Patricia Cochran, defendants hereln, he+r"y agree to
entry of this Consent audgment by the Court in order to amicably
resolve the matters in controversy in the above -styled Civil
action. This Consent Judgment is premised upon the followinli
stipulated:
FINDINGS OF FACT
1. Defendants are the Owners of a certain tract of land
located in Haywood County, North Carolina and hereinafter referred
to as the "subject property." Defendants Operate a busineass on the
subject property known as the Cochran pig Farm. The defendants
maintain less than 250 swine on the property. The business has
been designate+d*a "Concentrated Animal Feeding operation" pursuant
to 15A K.C. Admin. Code 2H .0122 and 40 C.F.R. 122.23.
2. The defendants'
business
is located along am
unnamed
tributary to Hyatt Creek,
being Claus C graters located
in the
French Broad River Basin.
An animal waste lagoon' is
located
immladialtely adjacent to the unnamed
tributary. The lagoon
is used
to collect "washdown' from
the farm,
consisting of animal waste and
Gleanings from the feeding
trough.
I

)4-251-6338
- 9 -
Sep 12 '95 11:20 P.02/06
is do not have a permit to make an outlet or
into the waters of the State..
to have made unpermitted dincharges of waste
ie unnamed tributary in violation of N.C.G.S.
Is action was conmienced by the plaintiff to
,uch discharges.
they defendants owe to the: plaintiff the sum
hundred ninety-nine dollars and five cents
($5,499.05). This sum represents the outstanding balance owed on
certain civil penalties assessed on 27 January 1994 by the:
Director, Division of Environmental Nanagement, against the
defendants in the original total amount 'of six thousand three
hundred thirty-nine dollars and five. cents: (06, 339.05) in
enforcement case CD 94-001. :These penalties were assessed against
the defendants for certain of their unparmitted discharges made in
violation of N.C.G,*S. § 143-215.1(a)(1)-
6. The parties, enter into the following:
AGREEMENTS
a. The defendants will.pay-to the plaintiff the unpaid
civil penalties, in the total amount of five
thousand four hundred ninety-nIne dollars and five
cents ($5,499.05).
The penalties will be paid according to the
following schedule: the suet of one thousand
dollars ($1.000.00) shall be paid by no lager than
5 Octoner 1995 and the remaining sun of four
thousand four hundred ninety -nines dollars and five
cents (04,499.05) shall .thereafter be paid in
twenty-two (22) monthly installments, twenty-one
(21) in the amount of two hundred and ten dollars
($210.00) each, with a twenty-second (22ad) and
fingLi payment in the amount of eighty-nine dollars
and five cents ($$9.05) .
payments will be made by check or money order
payable to the North Carolina Department of

A-251-G338
- 3 -
Sep 12 '95 11:21 P.03/06
Health, and natural Resources or
will be forwarded to the following
Andrews
ant Assistant
1 Protection Division
ent of Justice
27602-0629.
All payments will be forwarded by the defendants so
as to be actually received by the plaintiff by no
later than the fifth (5th) day of each month.
b. By no later than 1 November 1995, the defendants
shall obtain an approvable animal waste management
plan for tho pig farm, to include an estimate of
the coat of implementing such plan; and shall also
obtain an approvable plan for closure of the Haig
fart, to include an astimatet of the cost of
implementing such plan.
c. Upon receipt of the two (2) plans, the defendants
shall decide whether to implement the animal waste
management plan or the closure pli?m; shall notify
the plaintiff and the court, by way of a written
report, of their decision by no later than 10
November 1995: and shall proceed to obtain the
approval of the U.S. Department of Agriculture -
Natural Resources cQnaervation Service for the plan
they have chosen to implement.
d. By no later than 15 November 1995, the defendants
shall commence the construction activities
necessary to implement the plan chosen and
approved, and shall complete all such construction
by no later than 1 May 1996.
s. By no later than. I Nlay 1996, the defendants shall
have either:

GEN. OFFICE - ::704-251-6338 Sep 12 '95 11:21 P.04/05
4 -
1. in d and fully implemented a certified
fan waste management plan; or
aged Operating the Cochran Pig Farm, having
removed all swine from the subject property,
0. and properly closed all related facilities,
including the lagoon, in accordance with
$. standards and specifications of the U.S.
Department of Agriculture -Natural Resources
Conservation service.
f. Should the defendants elect to implement a
certified animal waste management plan, they shall
thereafter aperato in compliance with the plan.
Should the defendants elect to cease operating and
close their pig farm, they shall not construct or
operate a now pig farm until such time as they have
obtained a certified animal waste management Milan
and implemented it and shall thereafter operate In
compliance with the plan.
g. Pending implementation of a certified animal waste
management plan or closures of the Cochran Pig Farm,
as applicable, the defendants shall!
1. pump out the wastes stored in the lagoon as
often as necessary to maiatain a sufficient
amount of freaboard (minimum of I foot 7
inches) and shall prevent any overflow or
other discharge of wants from the lagoon;
2. dispose of the waste removed from the lagoon
in accordance with standards and
specifications of the U.S. Department of
Agriculture - NatuXal Resources conservation
service and in such a manner as to assure that
no such waste reachea the: waters of the state.
Further, no waste shall be applied to the land
surface except at agronomically -acceptable
rates; and

GEN. OFFICE
��
3.
0
704-251-6338 Sep 12 '95 11:21 P.05106
xp Outlets or dlaQharges of waste into
the tera of the State.
fendantts will not make any unpermitted
is or discharges of waste into the waters of
state in the future.
Ta addition to the written report required by 10
November 1995, the defendants shall file with the
Court- and serve upon the plaintiff a monthly
written report designed to demonstrate their
compliance with this Consent audgment. such
reporter will be filed with the Court by no later
than the last working day of each month, with
copies contemporaneounly served upon the plaintiff.
The defendants shall continua to make such reports
until they have completed implementation of a
certifj.ed animal waste management plan or closure
of their pig farm, as applicable.
j. They parties agree that failure to comply with any
of the provisions of this Consent Judgmexnt shall
subject the violator to civil contempt proceedings,
pursuant to Article 2 of Chapter 5A of the North
Carolina General Statutes.
k. By signing thio agreement, the plaintiff does not
waive its right to take any appropriate enforcement
action against the defendants in the futux-e,
including but not limited to assessment of civil
peualtie.is, and the defendants do ,not waive any of
their rights to contest or defend against any such
enforcement actions. Should the defendants fail to
make the monetary payments in accordance with the
schedule described above, the plaintiff shall have
.they right to file a civil action for collection of
the unpaid balance without further notice to the
defendants. Thecae rights and remedies shall be in
additions to the plaintift's right to move the Court
for issuance of an Order to show cause why the
deferndanta ahould not be held in contempt of Court
for failure to comply with this Consent Judgment.

GEN. OFFICE - ::704-251-6338 Sep 12 '95 ' 1:22 P. 06f06
- 6 -
1 • �'h . es acgree that this Consent dudgment may be
sic a -of-district and out -of -term,
Base . foregoing Findings elf Fact and Agreements between
the part ` e Court makes the followings
02��� p, CONCLUSIONS Or LAW
4w!t
This Court s personal jurisdiction over the rhea and
matter of this ontroversy. The Complaint m tam a. claim
upon which relief can bce ranted.
2. The agreement erxt ed iaty by the attics is fair and
will terminate the. contrvvers betweesi th Hor�e�ver, the Ccurt
should retain continuing Puri diction this ease until all
parties have Complied with all the avisions of thla Consent
e7udgment .
3. The civil contempt prov is a of Article 2, Chapter 5A .of
the North Carolina General Statu as sh 1 be available to they Court
to enforce this Consent sudgm./It.
IT IS, THEREFOR.$, ORDPkED, ADJUDGED\AND DECREED that:
5. By signing th a agreement, the p aintiff doer not waive
its right to take any ppropriate en.forcem nt action against the
defendants in the fu re, including but not imite3d to assessment
of civil penalties, and the defendants do no waive any of their
rights to contest defend against any such forceament actions.
Should the defan ants fail to make: the ma tary payments in
accordance with a schedule described above, t e# plaintiff shall
have the right t file a civil action for collec on of the unpaid
balance without further notice to the defendants. These rights and
'remedies shall be in addition to the plaintiff's r ght to moves they
Court for is uamce of an Order to show cause whir the defendants
should not b held in contempt of Court for failure to comply with
this Cowmen audgment_
6. is Court shall retain continuing juriadic ion in th3,s
case unti all parties have complied with all provis'ona of this
Consent J dement