WQCS00241_Return_20200304 (2)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 27, 2020
CERTIFIED MAIL - #7018 0040 0001 1449 6740
RETURN RECEIPT REQUESTED
Ephraigm Smith
Ephraigm Smith Farm
7267 NC 43 South
Greenville, NC 27858
Dear Mr. Ephraigm Smith:
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SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 74-0021
Pitt County
Enforcement File No. PC-2019-0054
This letter transmits notice of a civil penalty assessed against Ephraigm Smith in the amount of $5,000.00,
and $288.00 in investigative costs, for a total of $5,288.00. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (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:
Ramesh Ravella
Animal Feeding Operations & Ground Water Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
1',- /� 919.707.9000

2. Submit a written request for remission including a detailed justification for such request:
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. 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 and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Ramesh Ravella
Animal Feeding Operations & Ground Water Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday

between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Ramesh Ravella at [phone].
Sincerely,
Jeffrey oPoupart, Chief
Water Quality Permitting Section
Division of Water Resources
ATTACHMENTS
cc: Washington WQROS Regional Supervisor w/ attachments
File # PC-2020-0004 w/ attachments
WQPS Central Files w/ attachments
Pitt County Health Department

STATE OF NORTH CAROLINA
QUALITY
COUNTY OF PITT
IN THE MATTER OF
EPHRAIGM SMITH
FOR VIOLATIONS OF NORTH CAROLINA
GENERAL STATUE 143-215.1
AND SWINE WASTE GENERAL
PERMIT AWG100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
PC-2020-0004
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources (DWR), I, Jeff Poupart, Chief of the
Water Quality Permitting Section (WQPS) of the DWR, make the following:
I. FINDINGS OF FACT:
A. EPHRAIGM SMITH owns and operates the Ephraigm Smith Farm, a swine animal
feeding operation located at 7267 NC 43 S, Greenville, North Carolina, in PITT
County.
B. EPHRAIGM SMITH was issued Certificate of Coverage (COC) AWS740021 under
Swine Waste Management System General Permit AWG100000 for EPHRAIGM
SMITH Farm on October 1, 2019 effective upon issuance, with an expiration date of
September 30, 2024.
C. Condition No. II.28. of General Permit AWG100000 states that "Crop for which
animal waste is land applied must be harvested, removed from the land application
site, and properly managed and utilized unless other management practices are
approved in the CAWMP. Hay harvested from land application fields shall be
removed within twenty-four (24) months of cutting unless other management
practices are approved in the CAWMP."
D. On October 3, 2019 Division of Water Resources (DWR) staff from Washington
Regional Office (WARD) conducted a compliance inspection and found that the
permittee failed to remove the harvested crop in the irrigated field 3A, pulls 1,2 and
3. Field 3A is planted in fescue and has not been harvested.
E. Condition No. III.22. of General Permit AWG100000 states that "The Permittee
shall conduct a survey of sludge accumulation in all lagoons every year. The survey
should be written on forms provided or approved by the Division and shall include a
sketch of depths of sludge in various locations within each lagoon. This survey
frequency may be reduced if it can be demonstrated to the satisfaction of the
Division that the rate of sludge accumulation does not warrant an annual survey."

F. On October 3, 2019, the permittee failed to provide annual sludge survey report to
the DWR WARO staff as required by the General Permit.
G. Condition No. II.26. of General Permit AWG100000 states that "All waste
application equipment must be tested and calibrated at least once every two calendar
years. The results must be documented on form provide by, or approved by, the
Division."
H. On October 3, 2019, the permittee failed to provide current irrigation equipment
calibration report to the DWR WARO staff as required by the General Permit.
I. Condition No. II.2. of General Permit AWG100000 states that "A vegetative cover
shall be maintained as specified in the facility's CAWMP on all land application
fields and buffers in accordance with the CAWMP. No waste shall be applied upon
areas not included in the CAWMP or where the crop is insufficient for nutrient
utilization. However, if the CAWMP allows, then waste may be applied up to thirty
(30) days prior to planting or breaking dormancy."
J. On October 3, 2019, during the compliance inspection, DWR WARO staff noted that
the permittee failed to maintain a healthy crop stand on waste irrigation fields as
required by the General Permit.
K. On October 28, 2019, WARO issued a Notice of Violation/Notice of Intent to
Enforce (NOV/NOI) to EPHRAIGM SMITH for violations of the General Permit
conditions. The NOV/NOI was sent Certified Mail and received on November 1,
2019.
L. The cost to the State for the enforcement procedures in this matter totaled $288.00
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. EPHRAIGM SMITH is a "person" within the meaning ofN.C.G.S.§143-215.6A
pursuant to N.C.G.S.§143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S.§143-
215.1.
C. The conditions described in Findings of Fact I. D violates Condition II.28 of the
General Permit AWG100000 by failing to remove harvested crop from the spray
fields irrigated with swine waste.
D. The conditions described in Findings of Fact I. F violates Condition III.22 of the
General Permit AWG100000 by failing to provide annual sludge survey.

E. The conditions described in Findings of Fact I. H violates Condition II.26 of the
General Permit AWG100000 by failing to provide of irrigation equipment
calibration records.
F. The conditions described in Findings of Fact I. J violates Condition II.2 of the
General Permit AWG100000 by failing to maintain a healthy standing crop in the
spray fields.
G. EPHRAIGM SMITH may be assessed civil penalties in this matter pursuant to G. S.
143-215.6A(a)(2), which provides that a civil penalty of not more that twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who is
required but fails to act in accordance with terms, conditions, or requirements of a
permit required by G. S. 143-215.1.
H. The State's enforcement costs in this matter may be assessed against EPHRAIGM
SMITH pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
I. The Chief of the Water Quality Permitting Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of
Environmental Quality and the Director of the Division of Water Resources, 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:
Accordingly, EPHRAIGM SMITH, owner of Ephraigm Smith Farm at the time of the
noncompliance is hereby assessed a civil penalty of:
$ 3 000 For violation of Condition II. 28. of the General Permit AWG100000
for failing to remove harvest crop from the spray fields irrigated with
swine waste.
$ S00 For violation of Condition III. 22. of the General Permit AWG100000
for failing to provide annual sludge survey.
$ EOO For violation of Condition II. 26. of the General Permit AWG100000
for failing to provide irrigation equipment calibration records.
$ 0 00 For violation of Condition II. 2. of the General Permit AWG100000
for failing to maintain a healthy standing crop in the spray fields.
$ 00 0 TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S.§143-215.6A.
$ 288.00 q Enforcement costs
$2.SV TOTAL AMOUNT DUE

Pursuant to N.C.G.S.§143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.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;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(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;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing
violations occurring after the assessment period indicated above. Each day of a continuing
violation may be considered a separate violation subject to a maximum $25,000.00 per day
penalty. Civil penalties and investigative cost may be assessed for any other rules and
statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to
EPHRAIGM SMITH in accordance with N.C.G.S.§143-215.6(A)(d).
(Date) Jeffrey Poupart, Chief
Water Quality Permitting Section
Division of Water Resources

DIVISION OF WATER RESOURCES
CIVIL. PENALTY ASSESSMENT FACTORS
Violator: Ephraim Smith
County: Pitt
Case Number: PC-2020-0004
Permit Number: AWS740021
ASSESSMENT FACTORS
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;
None noted. The violations are pertaining to records, and related crops in the spray fields
2) The duration and gravity of the violation;
The harvested crop was not removed from spray fields, irrigation equipment was not calibrated, sludge
survey was not done and did not maintain a healthy crop .stand in the spray fields.
3) The effect on ground or surface water quantity or quality or on air quality;
Harvested crop left on the spray fields does not adequately remove nutrients from waste application. It
will result in nutrient overloading of soils leading to poor water quality.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
Unknown.
6) Whether the violation was committed willfully or intentionally;
Failure to remove harvest crop, failure to calibrate irrigation equipment and failure to conduct sludge
survey could all be considered intentional violations.
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
Permittee has been assessed penalties before in 2016 & in 2017 for similar violations
8) The cost to the State of the enforcement procedures.
$288.00
ate �Ae�ffrey P�oupar�t
rev 1.0 - 8.31.09