710029_Enforcement Report_20180118

Water Resources
Environmental Quality
January 18, 2018
MEMORANDUM
TO: Christine Lawson, Program Manager
Animal Feeding Operations Permitting
FROM: Kristin Miguez, Environmental Specialises/
Wilmington Regional Office
THROUGH: Morella Sanchez -Kin* .
Acting Water Quality g' nal Operations Section Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
James Kenneth Barnhill
J.K. Barnhill Topping 1 Farm
Permit No. AWS710029
Pender County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Please find attached the subject enforcement report, which concludes that James Kenneth
Barnhill violated Condition I. I. of the General Permit AWG100000 for failure to prohibit a
discharge to surface waters of the State and Condition II.5. of the General Permit AWG100000
for failure to apply animal waste to a land application field which would not result in excessive
ponding or any runoff during any given application event.
On September 27, 2017, the Wilmington Regional Office (WIRO) received a complaint taken by
Christine Lawson regarding suspected over -application and possible runoff from Mr. Barnhill's
farm that was suspected to be affecting a nearby pond. Staff of both the Division of Water
Resources (DWR) and the NC Department of Agriculture (NCDA) inspected the farm on
September 28, 2017 and discovered discharged animal waste in surface waters of a tributary to
Big Branch. Samples were collected and pictures taken of the discharge in surface waters.
A Notice of Violation and Recommendation for Enforcement (NOV-2017-DV-0283) was issued
on October 30, 2017, for the above -mentioned violations to the General Permit AWG100000.
It is recommended that appropriate civil penalties be assessed in accordance with G.S. 143-
215.6A(a)(2). It is also recommended that all the enforcement costs incurred in the investigation
!` Nothing Compares'
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-I611
919-707-9000

be recovered in the amount of $1066.86 pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-
282.1(b)(8).
If you have any questions, please contact me at 910-796-7387.
cc: Wilmington Regional Office CAFO files
Eric: Notice of Violation dated October 30, 2017
Incident Synopsis
Finding and Decisions
Civil Penalty Assessment
G:\WQ\SharedWNIMALS\PENDER\2017\71-29 NOVREF

DV-2018-0011
INCIDENT SYNOPSIS — CASE NO: DV-2018-0011
ENFORCEMENT ACTION / CIVIL PENALTIES
FARM NAME: JK Barnhill Topping 1 PERMIT NO: AWS710029
VIOLATOR NAME: James Kenneth Barnhill FACILITY NO: 71-29
COUNTY: Pender
GN6� � �;Sty:i1 ► ►
September 27, 2017 — Complaint
WIRO received information on a complaint
OFFICE: WIRO
►► WiRO received a call from Christine Lawson regarding a complaint she'd
received for possible overapplication and runoff that was suspected to be affecting
the water quality of a nearby pond downstream from the farm.
►► WiRO contacted Sam Edwards with NCDA since Pender is part of the Pilot
Program.
September 28, 2017 — Inspection
WiRO staff (David Powell and Kristin Miguez), along with Sam Edwards (NCDA), arrived at
the site at 10:45 a.m. to begin the inspection at the JK Barnhill Topping 1 farm.
►► Suspected animal waste was observed in a tributary of Big Branch (10:55 am, at
farm path crossing on eastern side of farm).
►► DP and KM walked the tributary through the woods for approximately 1000 feet.
Suspected animal waste was observed in the tributary. A water sample and photo
of the suspected animal waste were taken in the woods (11:10 and 11:15 am
respectively).
►► A sample was taken at the culvert below the farm path at 11:20 am.
►► Staff walked in the spray field and found ponded wastewater in a low spot in the
field that drains to the culvert under the farm path (photo taken).
// Staff requested copies of the recent pumping records for review. Mr. Barnhill
provided a notebook with handwritten pumping notes (dates, times, duration of
pumping events).
►► Staff stopped at the first stream crossing downstream of the farm (where Big
Branch crosses Slocum Trail) and took both a sample and photo (12:05 pm).
►► WIRO left the site at 12:45 pm.
►► All samples were delivered to Environmental Chemists, Inc. in Wilmington, NC
at 1:27 pm on September 28, 2017.
►► Mr. Barnhill met David Powell at the Wilmington Regional Office at 2:15 to
discuss pumping events and equipment calibration to determine estimated
discharge volume (-15,000 gallons).
JK Barnhill Topping 1
71-29

DV-2018-0011
PHOTO COMMENTS
PHOTO NO.
COMMENT
Tributary to Big Branch, photo taken approximately 650 feet
1
downstream of the farm path located along the northeastern edge of the
farm field.
Sample 1, taken immediately downstream of the culvert under the farm
2
path located along the northeastern edge of field.
Sample 2, taken in the woods approximately 850 feet downstream of
3
the culvert under the farm path located along the northeastern edge of
field.
Ponded wastewater located on the eastern side of the sprayfield (to the
4
west of the farm path).
Sample 3, taken from Big Branch where it crosses under Slocum Trail
5
(downstream of the farm).
MAP 1
Map of farm, sample and photo locations
All of the samples were analyzed for Fecal Coliform, Total Nitrogen, Ammonia Nitrogen and
Total Kjeldahl Nitrogen. The sample results are as follows:
Fecal
Total
Ammonia
Total
Sample ID
Date
Coliform
Nitrogen
Nitrogen
Kjeldahl
Sampled
(colonies/100
( mgam)
( mgam)
Nitrogen
mL)
(mom)
WQ Standard
Class C/Sw
< 200
-
-
waters*
Sample 1
9/28/2017
28000
11.6
2.9
9.2
Sample 2
9/28/2017
17300
8.4
0.5
7.1
Sample 3
9/28/2017
290
4.4
0.2
4.3
* NC 15A NCAC 02B Water Quality Standards for Surface Waters
JK Barnhill Topping 1
71-29

DV-2018-0011
October 30, 2017 — Notice of Violation with Recommendation for Enforcement
An NOV with Recommendation for Enforcement was issued on October 30, 2017 citing two (2)
violations:
1. Failure in prohibiting a discharge to surface waters of the State in accordance with
Condition I.I. of the Swine Waste System General Permit No. AWG100000.
2. Failure in maintaining land application rates that would not result in excessive ponding or
runoff during any application event in accordance with Condition Il. 5. of the Swine
Waste System General Permit No. AWG100000.
Response to the Notice of Violation
Mr. Barnhill's response to the NOV was received by the Wilmington Regional Office on
November 14, 2017.
U -,A OLVA1 II 110301VIII0110W
►► April 2016 — A Notice of Violation with Recommendation for Enforcement was issued to
JK Barnhill Topping 1 farm for failure in maintaining land application rates that would
prevent excessive ponding or runoff and failure to notify the appropriate Division
Regional Office as soon as possible, but in no case more than twenty-four (24) hours
following first knowledge of the failure of the waste treatment and disposal system that
rendered the facility incapable of adequately receiving, treating, or storing the waste
and/or sludge. No enforcement was initiated.
►► March 2014 — A Notice of Violation was issued to JK Barnhill Topping 1 farm for failure
to record all irrigation and land application event(s) in accordance with Condition III. 6
of the Swine Waste System General Permit No. AWG100000.
JK Barnhill Topping 1
71-29

DV-2018-0011
Photo 1(9/28/17): Tributary to Big Branch, photo taken approximately 650 feet downstream of the farm path located along the
northeastern edge of the farm field.

DV-2018-0011
Photo 2 (9/28/17): Sample 1, taken immediately downstream of the culvert under the farm path located along the northeastern edge of field.

DV-2018-0011
Photo 4 (9/28/17): Ponded wastewater located on the eastern side of the sprayfield (to the west of the farm path).

DV-2018-0011
Photo 5 (9/28/17): Sample 3, taken from Big Branch where it crosses under Slocum Trail (downstream of the farm).

DV-2018-0011
Map 1: Map showing sample and photo locations

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: JK Barnhill Topping 1 Farm
County: Pender
Case Number: DV-2018-0011
Permit Number: AWS710029
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;
Lab results indicate fecal coliform concentrations of 28,000 colonies/100mL adjacent to the
spray irrigation fields and 17,300 colonies/100mL in the downstream tributary to Big Branch.
This is indicative of high concentrations of animal waste in the water. Animal waste is high
in BOD, Fecal Coliform, and can cause eutrophication which can disrupt natural ecosystems.
2) The duration and gravity of the violation;
Staff from the Wilmington Regional Office received a complaint suspected overapplication
and runoff related to poor water quality conditions in a nearby pond on the afternoon of
September 27, 2017. Upon inspection the following morning (9/28/17), ponded animal
waste was evident in the spray field and the tributary adjacent to the spray field. The most
recent pumping events prior to the receipt of the complaint had occurred on September 25, 26
and 27, 2017. Pumping occurred from 8:OOam to 2:00 pm on the 25'h and 26`h, and 8:00 am
to 3:00 pm on the 271h.
3) The effect on ground or surface water quantity or quality or on air quality;
Not evaluated. However, overapplication of animal waste on spray fields can cause potential
groundwater and aquifer contamination, have negative effect on the environment, and disrupt
natural ecosystems. Discharge of animal waste to surface waters can lead to eutrophication,
contributes to algae blooms, nutrient enrichment and fish kills.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is not known. This event is suspected to have occurred because
of overapplication of waste over the previous three (3) days' pumping events. Items to
consider: Irrigate more often in shorter events to allow proper infiltration at agronomic rates;
JK Barnhill Topping 1
71-29

the time and materials associated with the cost for the OIC to operate more frequent pumping
events or the cost to pump and haul waste; and the cost to install the preventative measures
the owner plans to implement (slam gates/water control structures in ditches). Mr. Barnhill
also indicates they have been working to aerate the land to avoid ponding and runoff during
irrigation events, and will shorten the duration of their irrigation events.
6) Whether the violation was committed willfully or intentionally;
Unknown. Staff from the Wilmington Regional Office were responding to a complaint from
a nearby landowner when the discharge was discovered. The complainant was concerned that
overapplication of hog was affecting the water quality of her pond.
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
The current owner has a record of two previous violations or deficiencies at this farm.
April 2016 — A Notice of Violation with Recommendation for Enforcement was issued to JK
Barnhill Topping 1 farm for failure in maintaining land application rates that would prevent
excessive ponding or runoff and failure to notify the appropriate Division Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first knowledge
of the failure of the waste treatment and disposal system that rendered the facility incapable
of adequately receiving, treating, or storing the waste and/or sludge. No enforcement was
initiated.
March 2014 — A Notice of Violation was issued to JK Barnhill Topping 1 farm for failure to
record all irrigation and land application event(s) in accordance with Condition III. 6 of the Swine
Waste System General Permit No. AWG100000.
8) The cost to the State of the enforcement procedures.
The State's enforcement costs totaled $1066.86 as follows:
Staff 13 hours @ $36.10/hour
Staff 7 hours @ $31.18/hour
Samples 3 Sample Sets @ $115.00/sample
Mileage (1 trip) 70 miles @ $0.49/mile
Total
of / lal�lg
Date
$469.30
$218.26
$345.00
34.30
RI n66_RF
JK Barnhill Topping 1
71-29

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF PENDER
File No. DV-2018-0011
IN THE MATTER OF )
JAMES K. BARNHILL, JR. )
FINDINGS AND DECISION
FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENTS OF
GENERAL PERMIT AWG100000 ) CIVIL PENALTIES
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
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, Linda
Culpepper, Interim Director of the Division of Water Resources, make the following:
I. FINDINGS OF FACT:
A. James K. Barnhill, Jr. owns and operates J.K. Barnhill Topping 1 Farm, a swine
animal operation located south of Atkinson, North Carolina on the north side of
SR 1100 (Slocum Trail) approximately 1.5 miles southeast of the intersection of
Highway 11 and SR 1100 in Pender County.
B. James K. Barnhill, Jr. was issued Certificate of Coverage AWS710029 under
Swine Waste Management System General Permit AWG100000 for J.K. Barnhill
Topping 1 Farm on October 1, 2014, with an expiration date of September 30,
2019 for the operation of a swine waste collection, treatment, storage, and
application system.
C. On September 28, 2017, the Wilmington Regional Office (WIRO) received a
complaint regarding a pond located near two hog farms that are owned by Mr.
James K. Barnhill. The complainant indicated that she suspected overapplication
and runoff from Mr. Barnhill's farm was affecting the water quality in her pond
and had been for several years.
D. DWR staff contacted Mr. Barnhill and visited each of his two farms located in the
same general vicinity of the complainant's pond on the morning of September 28,
2017 (Moore Farm, AWS710098 and JK Barnhill Topping 1, AWS710029).
E. DWR staff arrived at the Moore Farm (AWS710098) at 10:10 a.m. and conducted
a brief inspection. No evidence of overapplication or discharge (i.e. ponded
wastewater or runoff) was seen.

F. DWR staff left the Moore farm and arrived at the Barnhill Topping 1 farm
(AWS710029), located just down the road, at 10:45 a.m. DWR checked the
lagoons and drove along the farm path to the fields. At 10:55 a.m., DWR
discovered animal waste running off from a field ditch and draining into a
tributary to Big Branch. DWR staff followed the tributary downstream into the
woods and took two water samples and pictures.
G. Condition I. 1 of the Swine Waste System General Permit No. AWGI00000
states in part that, "Any discharge of waste that reaches surface waters or
wetlands is prohibited."
H. DWR staff followed the ditch upstream into the spray irrigation field and
discovered wastewater ponded in the field.
Condition II. 5 of the General Permit AWG100000 states in part that, "In no case
shall land application rates result in excessive ponding or any runoff during any
given application event."
J. Mr. Barnhill provided field notes from the previous days' pumping events which
indicated that he had pumped on this field on September 25, 2017 from 8:00 a.m.
to 2:00 p.m.; September 26, 2017 from 8:00 a.m. to 2:00 p.m.; and then on
September 27, 2017 from 8:00 a.m. to 3:00 p.m.
K. DWR staff traveled to the first downstream road crossing from the farm to take
photos and a water sample from Big Branch where it crosses under Slocum Trail.
L. Samples were dropped off at Environmental Chemists in Wilmington at 1:27 pm
on September 28, 2017.
M. Mr. Barnhill came to the Wilmington Regional Office on the afternoon of
September 28, 2017 to discuss his irrigation equipment calibration records with
David Powell to determine an estimated discharge amount. Based on irrigation
and calibration records, it was determined that au4stintated- 5,OO1gallons of
wastewater was discharged to the creek. a INAA hUWY, o
N. A Notice of Violation was issued to James K. Barnhill, Jr. on October 13, 2017.
O. A response to the Notice of Violation was received by WiRO on November 14,
2017.
P. The costs to the State of the enforcement procedures in this matter totaled
1066.86.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. James K. Barnhill, Jr. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
2

B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited discharge to surface waters violated Condition I. 1.
of the Swine Waste System General Permit No. AWG100000.
D. The above -cited hydraulic overload caused animal waste to pond and runoff,
which violated Condition II. 5. of the Swine Waste System General Permit No.
AWG100000.
E. James K. Barnhill, Jr. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215. 1.
F. The State's enforcement costs in this matter may be assessed against James K.
Barnhill, Jr. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Section Chief of the Water Quality Regional Operation Section, pursuant to
delegation provided by the Secretary of the Department of Environment 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 Facts and Conclusions of Law, I make the following:
DECISION:
Accordingly, James K. Barnhill, Jr., owner of J.K. Barnhill Topping 1 Farm, is hereby
assessed a civil penalty of:
$ 30 U 0
for violating Condition I. 1. Of the Swine Waste System
General Permit No. AWG100000 by failing to prevent any
discharge of waste that reaches surface waters or wetlands.
/�
66o
$
for violating Condition II. 5. Of the Swine Waste System
General Permit No. AWG100000 by not irrigating at land
application rates which would not result in ponding or any
runoff.
5b6 o
$
TOTAL CIVIL PENALTY
$ $1066.86
Enforcement costs
TOTAL AMOUNT DUE

As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed 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;
(3) The effect on ground or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(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.
(Date)
Linda Culpepper, Interim Director
Division of Water Resources

Water Resources
Environmental Quality
October 30, 2017
CERTIFIED MAIL 7017 1450 0000 3937 2830
Mr. James K. Barnhill Jr.
J. K. Barnhill Topping 1
745 Piney Woods Rd
Burgaw, NC 28425
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: NOTICE OF VIOLATION with RECOMNIENDATION FOR ENFORCEMENT
NOV-2017-DV-0283
Administrative Code 15A NCAC 2T . 13 04
J. K. Barnhill Topping 1
Permit No. AWS710029
Pender County
Dear Mr. Barnhill:
On September 28,2017, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited and inspected the permitted waste management system of the J. K. Barnhill
Topping 1 in response to a complaint. We appreciate Mr. Barnhill being present and assisting us with the
inspection.
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal
waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of
your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit
No. AWG100000 as follows:
Violation 1:
Failure in prohibiting a discharge to surface waters of the State in accordance with Condition 1.1 of the
Swine Waste System General Permit No. AWG100000. Any discharge of waste that reaches surface waters
or wetlands is prohibited except otherwise provided in this General Permit and associated statutory and
regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade
conveyance, direct application, and direct discharge or through ditches, terraces, or grassed waterways not
otherwise classified as state waters.
DWR received a complaint and WIRO staff inspected the farm and found discharging animal waste into a
tributary to Big Branch.
>'Nothing Compares—.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7386

NOV-2017-DV-0283
October 30, 2017
Violation 2:
Failure in maintaining land application rates that shall not result in excessive ponding or runoff during any
given application event in accordance with Condition II.5 of the Swine Waste System General Permit No.
A WG 100000.
During inspection, the land application field had animal waste ponded and it was determined to be the
source of the discharge into the tributary of Big Branch.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action(s) you will take or have taken to resolve
this issue.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office,
a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide
you in order to prevent violations from occurring.
Be advised that this office is considering recommending assessment of civil penalties to the Director
of the Division of Water Quality for the above noted violations. These violations may result in civil
penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-
215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with
North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director
along with the enforcement package for his consideration. Be advised that the Division of Water
Quality may take further action in this matter including injunctive relief and permit revocation.
If you wish to provide additional information regarding the noted violation, request technical assistance,
or discuss overall compliance please respond in writing within ten (10) business days after receipt of this
Notice. A review of your response will be considered and you will then be notified of any civil penalties
that may be assessed regarding the violations. If no response is received in this Office within the 10-
day period, a civil penalty assessment may be prepared. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact me at [phone]
Sincerely,
'C"i
Jim regson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: WQROS CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
Sam Edwards, NCDA (via Email)
DR'R Wilmington Animal Files 71-29
G:\WQ\Shared\ANIMALS\PENDER\2017\71-29 NOVREF