820527_CORRESPONDENCE_20171231

CORRESPONDENCE
NORTH CAROLINA
Deparbnent of Envimnmental Quin
i i;

O�DF W A 7- 9Q
O 'C
October 9, 2007
Dellmarze Hobbs
Douglas & Dellmarze Hobbs
859 Enoch Road
Clinton, North Carolina 28328
Michael F. Easley, Governor
Wilham G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
OCT 15 2007
Subject: Additional Information Request
Application No. AWS820527
Douglas & Dellmarze Hobbs
Animal Waste Management System
Sampson County
Dear Ms. Hobbs:
The Division of Water Quality (Division) received your application for coverage under the State
Non -Discharge Permit No. AWG100000 on August 31, 2007. After the submittal of your
application package, Senate Bill 1465 was signed into law.
North Carolina General Statutes (G.S.) 143-215.10I(b) reads as follows:
"The Commission shall not issue or modify a permit to authorize the construction,
operation, or expansion of an animal waste management system that serves a swine farm
that employs an anaerobic lagoon as the primary method of waste treatment and land
application of waste by means of a sprayfield as the primary method of waste disposal.
The Commission may issue a permit for the construction, operation, or expansion of an
animal waste management system that serves a swine farm under this Article only if the
Commission determines that the animal waste management system will meet or exceed
all of the following performance standards:
1} Eliminate the.discharge of animal waste to surface water and groundwater
through direct discharge, seepage, or runoff.
2} Substantially eliminate atmospheric emissions of ammonia.
3) Substantially eliminate the emissions of odor that is detectable beyond the
boundaries of the parcel or tract of land on which the swine farm is located.
4) Substantially eliminate the release of disease -transmitting vectors and airborne
pathogens
5) Substantially eliminate nutrient and heavy metal contamination of soil and
groundwater."
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterouality,ore location: 2728 Capital Boulevard
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No thCuolina
Iyaturallry
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax [phone]
Customer Service: [phone]

J; . ,
Ms. Dellmarze Hobbs
October 9, 2007
Page 2
Section 1.(b) of Session Law 2007-523 reads as follows:
"Continued Operation. - An animal waste management system that serves a swine farm
for which a permit was issued prior to 1 September 2007 and that does not meet the
requirements of G.S. 143-215.101, as enacted by subsection (a) of this section, may
continue to operate under, and shall operate in compliance with, that permit, including
any renewal of the permit."
In light of these recent changes, the Division makes the following additional information
requests:
provide documentation demonstrating that the animal waste management system
to serve the proposed 2,610 wean to feeder swine meets or exceeds the
performance standards in G.S. 143-215.101(b); or
2. provide documentation that your facility was issued and continued to operate
under a permit for 2,610 wean to feeder (or equivalent) swine prior to September
1, 2007.
This additional information must be received by November 9, 2007, or the application will be
returned as incomplete. If you have any questions regarding this matter, you may contact J.R.
Joshi at [phone] or me at [phone].
Sincerely,
4odd A. Bennett
Supervisor
Animal Feeding Operations Unit
cc: Greer Moore, Clear Run Farms Consulting Services
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Attn. Doug Hobbs
Doug Hobbs Farm
859 Enoch Rd
Clinton NC 28328
Dear Doug Hobbs:
r••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
,lune 25, 1998
SUBJECT:
t®
jU;N 2 6 1996
FAYETTEVILLE
REG. OFFICE
Retraction of Civil Penalty
Doug Hobbs Farm
Facility #. 82-527
Sampson County
OV 97-92
On October 31, 1997, the Director of the Division of Water Quality assessed a $500.00 civil
penalty against the owner of the subject facility for failing to designate an operator in charge of the animal
waste management system. After a further review of the situation and given the current status of this farm it
is my decision to retract the civil penalty assessed in case number OV 97-92 and close our file on this matter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply all applicable rules and regulations at the subject farm. If you
decide in the future to increase the number of animals at this farm above the threshold numbers established by
15A NCAC 2H .0217, you must fust comply with all requirements including designating an operator in
charge for the facility. '
Thank you for your assistance in this matter. If you have any questions, please call
Shannon Langley at 733-5083, ext. 581.
Sincerely,
J� 'Lo.
A. Preston Howard,f. .
cc: Facility File - Non -Discharge CompHance/Enforcement Unit
DWQi
„ b&f&
Case file # OV 97-92
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Doug Hobbs
Doug Hobbs Farm
859 Enoch Rd
Clinton NC 28328
Dear Doug Hobbs:
December 15, 1997
E C E � EE"'Y'
DEC 18 1991
CAYETTBlELLF--
11EG.eM-0�au.
Subject: Removal of Registration
Facilitv Number 82-527
3amp�-Qn %.-uunty
This is to acknowledge receipt of your request that your facility no longer be registered as an active animal
waste management system per the terms of 15A NCAC 2H.0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to 510,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals that require certified animal waste management plans are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poul= with a liauid waste system
30.000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502. .
4'R
cc: tFryet eeviile-Water-Quality•Regional•Office—
Sampson Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.O. Sox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Doug Hobbs
Doug Hobbs Farm
859 Enoch Rd
Clinton NC 28328
SCC` -NAL)
4 1991
r_AYETTEV;i', LE
REG. OFr �E
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 817.0201
Doug Hobbs Farm
Facility* 82-527
Sampson County
Case #: OV 97-092
Dear Doug Hobbs:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Doug Hobbs in the amount of $500.00. This assessment is based upon the following facts:
Doug Hobbs operates an animal operation and associated animal waste management
system in Sampson County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 817.0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having
an animal waste management system must submit a letter to the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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Doug Hobbs failed to designate an appropriately certified wastewater treatment operator
in responsible charge of the subject animal waste management system, in accordance with
15A NCAC 8F.0201 (a).
Based upon the above facts, I conclude as a matter of law that Doug Hobbs violated or
failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F
.0201. A civil penalty of not more than $1,000 per day may be assessed against a person who is
required but fails to designate an appropriately certified wastewater treatment operator as
required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F.0500.
Based upon the above facts and conclusions of law, I hereby assess Doug Hobbs a
$500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201 pursuant
to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201.
Please rind attached another Operator in Charge designation form. Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at (9I9) 733-0026 for information about designating a certified operator.
Within thirty -days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose
enforcement action for any continuing or new violation(s). Please submit payment
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
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 legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G. S. 14313-282.1(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 or
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Kq
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, 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 Whisnant
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

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 being
referred to the Attorney General's Office with a request to initiate a civil action to collect the
penalty. Please be advised that additional assessments may be levied for future violations which
occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr.; 4
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
PERMIT NO. }
ENVIRONMENTAL MANAGEMENT
C0,11V1MISSION
WAIVER OF RIGHT TO AN
AD'LVIL ISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division 'of 'Nater Quality
dated, , 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 _ , 19
SIGNATURE
ADDRESS
TELEPHONE

ANIMAL WASTE MANAGEMENT SYSTEM
-OPERATQR TN CHARGE
D ESTCrN( ATTQN EORY[
ANzitiiAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: Counry:
OPERATOR IN CHARGE
Home Mailing Address.
City S tate Zip
Certificate Social Security #
Work Phone Home Phone
Signature Date
OWNER
iYSailing. Address. City
S tate Zip Telephone#
Signature Date
Please Mail to: WPCSOCC
Division of 'Fater Quality
P. 0. Box 29533
Raleigh, N.C. 27526-0535

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Doug Hobbs
Doug Hobbs Farm
859 Enoch Rd
Clinton NC 28328
Dear Mr. Hobbs:
IDEHNFZ
April 3, 1997 ll� ECEVE,4
APR 0 7 1997
FAYE-1 6'i``lwLE
REG. EG. Ci-Gyy/i"ICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
... t.. : .:i .Doug Hobbs Farm
Facility Number 82--527
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, 1P* FAX [phone]
Raleigh. North Carolina 27626-0535 N'iw An Equal Opportunity/Affirmative Action Employer
Telephone [phone]k recycles/1M post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Doug Hobbs
Doug Hobbs Farm
Rt 5 Box 271
Clinton NC 28328
SUBJECT: Operator In Charge Designation
Facility: Doug Hobbs Farm
Facility ID#: 82-527
Sampson County
Dear Mr. Hobbs:
..,
Y�
EDEEHNFR
NOV 19 1996
IRF ;, 0Pr1Ci r
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
,0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on-going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 9191733-0026.
Sincerely,
- b
re on owarZ',JL, P.E., ector
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.O. Box 27687, 'W
Raleigh, North Carolina 27611-7687 v f' C An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 _ _ 50% recycled/ 100/6 post -consumer paper

,4 .,
IN
State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
Jaynes B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. Doug Hobbs
RE: Hobbs Farm
859 Enoch Road
Clinton, NC 28328
Dear Mr. Hobbs:
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 21, 1995
SUBJECT: Compliance Inspection
Sampson County
On November 14, 1995, an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our Compliance
Inspection Report for your information. It is the opinion of this office that this facility is
in compliance with 15A NCAC 2H, Part .0217, and that Animal Waste Management is being
properly performed.
Should you have any questions regarding this matter, feel free to contact me at (9 10)
486-1541.
RR/bs
Enclosure
cc: Facility Compliance Group
Sincerely,
A4 ��
Ricky Revels
Environmental Technician IV
Wachovla Bullding, Suite 714, Fayetteville fowl FAX [phone]
North Carolina 28301-5043 N� An Equal Opportunity Affirmative Actlon Employer
Volce 910-486-1541 50% recycled/ 10% post -consumer paper

v-
Site Requires Immediate Attention: No
Facility No. lr Z - S Z
DIVISION OF ENVUtONMENTAL MANAGEMENT
ANDAAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: lI - I , 1995
Time: /& a o
Farm NanWO vw: �Io 6b3 rev,. / L)ca H -o b bs
Mailing Address: F'59 fmy ls. Rd _ , Cl;, d► -,j C z s3z'g .... _
Cmty:_ _ S';r--A Sat
Integrator: w c- F�O V - C -.W Phone:
On Site Representative: Doug T4.66S7 Phone: z 7S�
Physical Address/I.Amdon: '71k4 !� 701 Al. N _spas - K•r"e-Y cv-ate.
Type of Operation: Swine ✓ Poultry Cattle
Design Capacity: ZgmNumber of Animals on Site: _ Soo- _
DEM Certification Number: AEE ----LL DEM Certification Number: ACNEW
latitude: Longitude: 0 '
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately I Foot + 7 inches) mor No Actual Freeboard: 2 Ft. --L-Inches
Was any seepage observed from the lagoon(s)? Yes or as any erosion observed? Yes oic%
Is adequate land available for spray? �!O or No Is the cover crop adequate? <AP or No
Crop(s) being utilized: aJ New R e, � MILL
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? or No
100 Feet from Wells? (M or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes ori
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes ot�&
Is animal waste discharged into water of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes or4Q If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes
Additional Comments: 3 rc s .,-. ,v o.v :,e wGs�c-
/,.
Inspector Name Signature
cc: Facility Assessment Unit Use Attachments if Needed.