710029_DV-2018-0011_20180118

Water Resources
Environmental Quality
February 28, 2018
CERTIFIED MAIL - #7016 2140 0000 0562 3939
RETURN RECEIPT REQUESTED
James K. Barnhill Jr.
J.K. Barnhill Topping I
745 Piney Woods Road
Burgaw, NC 28425
Dear Mr. Barnhill:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
RECEIVED/NCDENR/DWR
MAR 0 5 ?018
Water Quality Regional
Operations Section
Wilmington Regional Office
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 71-0029
Pender County
Enforcement File No. DV-2018-0011
This letter transmits notice of a civil penalty assessed against James K. Barnhill Jr. in the amount of
$5,000.00, and $1066.86 in investigative costs, for a total of $6,066.86. 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:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Ko
---"`Nothing Compares'--1
State of North Carolina 1 Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center 1 Raleigh, North Carolina 27699-1636
919-707-9129

r
Assessment of civil penalty
James K. Barnhill Jr.
Enforcement # D-2018-0011
Page 2 of 3
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:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
KQ
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.

Assessment of civil penalty
'James K. Barnhill Jr.
Enforcement # D-2018-0011
Page 3 of 3
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.
Included in this enforcement package is the requirement to apply for coverage under an NPDES
permit. According to the North Carolina General Statutes §143-215.1, 40 Code of Federal
Regulations §122.23, and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency once a facility has a discharge to waters of the State, the permittee
must apply for an NPDES permit (see the attached letter for instructions).
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 Miressa D. Garoma at [phone].
Sincer y,
Jon tisgaa �Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Wilmington WQROS Regional Supervisor w/ attachments
File # PC-2018-0011 w/ attachments
WQROS Central Files w/ attachments
Pender County Health Department

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF
JAMES KENNETH BARNHILL Jr.
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
File No. DV-2018-0011
FINDINGS AND DECISION
AND ASSESSMENTS 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, Jon Risgaard, Chief of the Water
Quality Regional Operations Section of the DWR, make the following:
FINDINGS OF FACT:
A. James K. Barnhill Jr. owns and operates J.K. Barnhill Topping I Farm a swine animal
operation in Pender County.
B. James K. Barnhill Jr. was issued a Certificate of Coverage AWS710029 under General
Permit AWG100000 for J.K. Barnhill Topping I Farm on October 1, 2014, effective upon
issuance, with an expiration date of September 30, 2019.
C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of
the following activities unless the person has received a permit from the Commission and
has complied with all the conditions set forth in the permit: made any outlets into the waters
of the State."
D. Condition 1.1 General Permit AWG100000 states in part that "Any discharge of waste
which reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift, manmade conveyances, direct application and
direct discharge or through ditches not otherwise classified as State waters."
E. On September 28, 2017, DWR staff from 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 an overapplication and runoff from Mr. Barnhill's
farm was affecting the water quality in a nearby pond and had been for several years. 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).
DWR staff arrived at the Moore Farm (AWS710098) and conducted a brief inspection. No
evidence of overapplication or discharge (i.e. ponded wastewater or runoff) was seen.
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 discovered animal waste running off from
a field ditch and draining into a tributary to Big Branch which are Class C, SW waters of

the State within the Cape Fear River Basin. Lab results indicate fecal caliform
concentrations of 28,000 colonies/100 mL adjacent to the spray fields and 17,300
colonies/100 mL in the downstream tributary to Big Branch.
G. 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. Based on irrigation and calibration records, it was determined that a
minimum of 15,000 gallons of wastewater was discharged to the creek.
H. Condition II.5 of the General Permit AWG 100000, states in part that "In no case shall land
application rates result in excessive pending or any runoff during any given application
event."
I. DWR staff followed the ditch upstream into the spray irrigation field and discovered
wastewater ponded in the field.
On October 13, 2017, the Division issued a Notice of Recommendation of Enforcement
(NOE) to James K. Barnhill Jr. identifying violations of 15A NCAC 2T.1304 and Permit
No. AWG100000. The violations include failure in maintaining land application rates not
resulting in excessive pending or any runoff, and discharging wastewater to Waters of the
State.
K. The NOV was sent by certified mail, return receipt requested and received on October 13,
2017. A written response was received November 14, 2017.
L. 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).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited discharge constituted making an outlet to waters of the State for purposes
of G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a permit. The discharge also
violated Condition I.1 of General Permit AWG100000.
D. The above -cited failure to prevent excessive pending and runoff violated Condition No.
II.5. of the General Permit 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 Chief of the Water Quality Regional Operations 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 Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, James K. Barnhill Jr., owner of J.K. Barnhill Topping I Farm at the time of the
noncompliance is hereby assessed a civil penalty of:
000 For making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition I.1 of the General Permit
AWG 100000.
$ a, OCII) For violating Condition No. II. 5. of the General Permit AWG 100000 for
failure to prevent excessive pending and runoff.
.a
$ s,w TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$1066.86 Enforcement costs
$ 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. 14313-282.1(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; and
(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 James K. Barnhill
Jr., in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Jon Ris ard, Chief
Water uality Regional Operations Section
Division of Water Resources

DocuSign Envelope ID: 13289AC2-985F-47AE-81D4-5E818B86334C
ROY COOPER
Governor
MICHAEL S. REGAN
Secretor,
Water Resources LINDA CULPEPPER
Environmental Quality Interim Director
June 25, 2018
CERTIFIED MAIL 7017 1450 0000 3937 2717
RETURN RECEIPT REQUESTED
Mr. James K. Barnhill Jr.
J. K. Barnhill Topping 1
745 Piney Woods Rd
Burgaw, NC 28425
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2018-PC-0206
Administrative Code 15A NCAC 2T .1304
J. K. Barnhill To in 1
Permit No ` ,,_
Pender County
Dear Mr. Barnhill:
On February 16, 2018, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited and inspected the J. K. Barnhill Topping 1 waste management system 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 to adequately maintain a highly visible waste -level gauge in accordance with Condition III.2.a of
the Swine Waste System General Permit No. AWG100000.
Upon inspection of the Lagoon 2 freeboard level during site visit on February 16, 2018, DWR staff
determined that the freeboard marker in Lagoon 2 appeared to be set at the incorrect level. This same issue
had been mentioned during a previous inspection on January 26, 2018, and DWR requested that the lagoon
and marker be re -surveyed. During the February inspection, despite the water level on the marker appearing
to be at or near the designed freeboard level of 19.5 inches, the water level on the lowest spot of the dike
wall was estimated to be 4-5 inches by DWR staff. Mr. Barnhill and DWR concurred that the level was
less than 12 inches. DWR requested that the lagoon and marker be resurveyed (and marker re -set if
necessary). Staff of the NC Department of Agriculture (NCDA) visited the site on February 22, 2018 to
shoot the elevation of the lagoons and existing freeboard markers, and install new markers. Upon survey,
it was determined that the marker in Lagoon 1 was off (set too high) a total of 7 inches (the existing marker
'Nothing Compares '=-.
State of North Carolina I Environmental Quality
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796.7386

DocuSign Envelope ID'. 13289AC2-9135F-47AE-81 D4-5E818B86334C
NOV-2018-PC-0206
June 25, 2018
read 21 inches that day, and the new marker, once installed, read 14 inches). The marker in Lagoon 2 was
also off (set too high) a total of 17 inches (the existing marker read 27 inches that day and the new marker,
once installed, read 10 inches).
Violation 2:
Failure to notify the Regional Office (Condition IIL13.e) and failure maintain storage capacity in a
lagoon/storage pond greater than or equal to that required by Condition V.2 of the Swine Waste System
General Permit No. AWG100000.
During the February 16th inspection, despite the water level on the marker appearing to be at or near the
designed freeboard level of 19.5 inches, the water level on the lowest spot of the dike wall was estimated
to be 4-5 inches by DWR staff and well above the lagoon's designed freeboard level.
Violation 3:
Failure to notify the Regional Office and failure to maintain water level in a lagoon/storage pond below
that of the designed structural freeboard (12 inches from the top of the dam or as specified in the
lagoon/storage pond design) in accordance with Condition III.131 of the Swine Waste System General
Permit No. A W G 100000.
During the February inspection, despite the water level on the marker appearing to be at or near the designed
freeboard level of 19.5 inches, the water level on the lowest spot of the dike wall was estimated to be 4-5
inches by DWR staff. Mr. Barnhill and DWR concurred that the level was less than 12 inches. Upon
survey, it was determined that the marker in Lagoon 2 was off (set too high) a total of 17 inches, and was
read to be 10 inches on the day that the marker was reset.
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 Resources 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
Resources 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.
Page 2 of 3

DocuSign Envelope ID: 13289AC2-9B5F-47AE-81D4-5E818B86334C
NOV-2018-PC-0206
June 25, 2018
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
Eo«u51go0 by:
S 6V'j
E3ABAt4ACIOC414..
Morella Sanchez -King, Acting 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
Martin McLawhorn, NCDA
DWR Wilmington Animal Files 71-29
G:\WQ\Shared\ANIMALS\ENFORCEMENTS and NOTICES\PENDER\2018\71-29 NOVREF
Page 3 of 3

✓DIMS
Response to NOV-2018-PC-0206 JUL 1 0 20k
Administrative Code 15A NCAC 2T .1304
J.K. Barnhill Topping 1 "`
Permit No. AWS710029
Pender County
Response to Violation 1:
After determining that the freeboard marker was set too high in both Lagoon 1 and Lagoon 2,
staff of the NC Department of Agriculture (NCDA) re -surveyed the marker and installed new
markers. The new markers were placed in an area only accessible by boat to avoid accidental
displacement and provide a more secure location for the markers. This issue had not yet been
addressed (per the January 26, 2018 inspection) as we were still in the process of getting
someone out to re -survey the markers.
Response to Violation 2:
Because of the misplacement of Lagoon I marker we were unaware that the lagoon level did not
comply with regulation standards. Once the marker was re -surveyed and new markers installed
we took necessary action to get the lagoon levels back in accordance with the Swine Waste
System General Permit AWG100000.
Response to Violation 3:
With Lagoon 2 marker being offset as well, it seemed the lagoon was within regulation
standards. Once the marker was re -surveyed and new markers installed and we were aware that
the lagoon levels were higher than they were reading, we took necessary action to get the lagoon
levels back in accordance with the Swine Waste System General Permit AWG100000.

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: James Kenneth Barnhill Jr.
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 Coht6rm, 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 (912812017), 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: 00 AM to 2.00 PM on the
25"' and 26", and 8: 00 AM to 3: 00 PM on the 27.
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. Dents to consider: irrigate
more often in shorter events to allow proper infiltration at agronomic rates; the time and materials
associated with the cost for the 01C to operate more f •equent 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. Stafffrom the Wilmington Regional Office were responding to a complaint front a nearby
landowner when the discharge was discovered. The complainant was concel-ned that overapplication of
hog waste was affecting water quality of nearby pond. 0 CtiJc. <o d} i '6—i%
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
• April 2016 — NOVfor 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.
rev 1.0 - 8.31.09

• March 2014 — NOVfor failure to record all irrigation and land application event(s) in accordance
with Condition 111. 6 of the Swine Waste System General Permit No. AWGI00000.
8) The cost to the State of the enforcement procedures.
$1066.86
Date
i
Jo sgaard
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
JAMES KENNETH BARNHILL )
PERMIT NO. AWS710029 ) FILE NO. DV-2018-0011
Having been assessed civil penalties totaling $6,066.86 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, February 28, 2018, the
undersigned, desiring to seek remission of the civil penalty, 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. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of Water
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the day of 2018
Signature
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2018-0011 County: Pender
Assessed Party: James Kenneth Barnhill
Permit No.: AWS710029 Amount assessed: $6,066.86
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver offtht to an Administrative Hearing and Stipulation ofFacts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. 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. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282 1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.

Water Resources
Environmental Quality
February 28, 2018
James K. Barnhill Jr.
J.K. Barnhill Topping I
745 Piney Woods Road
Burgaw, NC 28425
ROY COOPER
Governor
MICHAEL S. REGAN
secretory
LINDA CULPEPPER
Interim Director
Subject: National Pollutant Discharge Elimination
System (NPDES) Permit Requirement
Facility Number: AWS710029
Dear Mr. Barnhill:
According to our records, your facility was assessed for a discharge of wastewater to the waters
of the state that occurred on September 27, 2017. As a result, according to the North Carolina
General Statutes §143-215.1, 40 Code of Federal Regulations §122.23, and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency, you are
required to apply for coverage under an NPDES permit.
Within 90 days of receipt of this letter, complete and return the attached form, "NPDES
General Permit Application- Existing Animal Waste Operations." Please carefully follow
the instructions on the form. If you wish to apply for an Individual NPDES Permit instead of a
General Permit, please contact us and we will forward you that application. Two copies of your
complete Certified Animal Waste Management Plan are required with the permit
application. Please refer to the checklist on page two of the application to be sure that all
necessary documents are submitted with the application.
A copy of the NPDES General Permit may be downloaded at our website:
http://deg.nc.yov/abouUdivisions/water-resources/water-quality-regional-operations/afo
If it is your opinion that your facility should not be required coverage under an NPDES permit,
please provide written justification (such as change in ownership and management) so that the
Division can make appropriate determination to your situation.
Continued...
. ""^Nothing Compares' -
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Failure to submit the documentation as required may subject your facility to a civil penalty and
other enforcement actions for each day the facility is operated following the due date.
If you have any questions about the NPDES permit or the enclosed application, please feel free
to contact the Animal Feeding Operations Program staff at [phone].
Sincerely,
o�sand Chief
g ,
Water Quality Regional Operations Section
Division of Water Resources
CC: Wilmington Regional Office, Water Quality Regional Operations Section
Pender County Soil and Water Conservation District
Facility File (AWS710029)

Water Resources
Environmental Quality
April 3, 2018
James K. Barnhill Jr.
J.K. Barnhill Topping I
745 Piney Woods Road
Burgaw, NC 28425
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
RECEIVED/NCDENR/DWR
APR 0 5 2018
Water Quality Regional
Operations Section
Wilmington Regional Office
SUBJECT: Remission Request
Farm # 71-0029
Pender County
File No. DV-2018-0011
Permit No. AWS710029
Dear Mr. Barnhill:
This letter is to acknowledge receipt of your request, on March 30, 2018, for remission of the
civil penalty levied against the subject facility. The Director of the Division of Water Resources
will review your evidence and inform you of his decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerer
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Wilmington WQROS Regional Supervisor
File # DV-2018-0011
WQROS Central Files (AWS710029)
ro"Nothfng Compares' —,
Stele of North Carolina I Environmental Quality I Division
of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636

Water Resources
Environmental Quality
May 7, 2018
CERTIFIED MAIL - #7016 2140 0000 0562 4066
RETURN RECEIPT REQUESTED
James K. Barnhill Jr.
J.K. Barnhill Topping I
745 Piney Woods Road
Burgaw, NC 28425
Dear Mr. Barnhill:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Request for Remission of Civil Penalty
Case No. DV-2018-0011
Farm # 71-0029
Permit Number AWS710029
Pender County
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Resources considered the information you submitted in support of your
request for remission and did not find grounds to modify the civil penalty assessment of $6,066.86.
A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of
Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your
receipt of this letter to the attention of:
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
KO
- "Nothing Compares-
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Remission
James Barnhill
Enforcement # DV-2018-0011
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, your request
for remission with supporting documents and the recommendation of the Director of the North
Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty
Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached Request for Oral Presentation Form within thirty (30) calendar days of
receipt of this letter. Send the completed form to:
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If
a presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact me
at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations and
Ground Water Protection Branch
Attachments RECEIVED
cc: Wilmington Regional Office WQROS
File # DV-2018-0011 MAY 0 9 2018
WQROS Central Files (AWS710029)
NCDEQ
WILMINGTON RO

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2018-0011 Region: Wilmington County: Pender
Assessed Entity: James K. Barnhill Jr. Permit: AWS710029
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
Based on Mr. Barnhill's justification for remission, he immediately added dirt to the ditch to prevent additional
wastewater from leaving the site. The response also indicates that the ditches on the property were excavated to
facilitate dispersion of water after the discharge flow was contained (presumably on the day the discharge was
discovered), but the grading work did not occur until early December 2017.
® (c) Whether the violation was inadvertent or a result of an accident:
Mr. Barnhill's justification for remission indicates that an irrigation reel was "slipping" and resulted in an
uneven distribution of wastewater. This is the first time DWR WiRO has heard about any issues with the irrigation
equipment related to the discharge. WiRO does not believe the discharge was intentional, but do believe it was
caused by overapplication of wastewater resulting from several consecutive days of substantial irrigation (up to
114, 000 gallons was pumped over a three-day period).
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Mr. Barnhill has been previously issued two NO Vs, one in March 2014 and a second in April 2016 (which was
associated with ponding and runofj). No civil penalties were assessed for either of those violations.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Mr. Barnhill provided invoices for work related to the maintenance and repair of both equipment and his spray
fields as part of his remission request in the amount of $4595. The upkeep of equipment and maintenance offields
should be considered routine activities associated with a farming operation. Payment of this civil penalty should
not negatively affect any remaining remedial actions.
DECISION (Check One)
Request Denied d
Full Remission ❑ Retain Enforcement Costs? Yes[] No ❑
Partial Remission ❑ $ (Enter Amount Remitted)
_- � (Z� yhbar-
Linda Culpepper Date
rev 1.0 - 8A 1.09

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
JAMES K. BARNHILL, JR.
ENVIRONMENTAL MANAGEMENT COMMISSION
DWR Case Number: DV-201E-0011
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no
factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.nebar.com/etMcs, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a
license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

Water Resources
Environmental Quality
June 14, 2018
James K. Barnhill Jr.
J.K. Barnhill Topping I
745 Piney Woods Road
Burgaw, NC 28425
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
S.r
JUN 19 2018
RE: Acknowledgment of Receipt of Payment
Case No.: DV-2018-0011
Ponder County
Dear Mr. Barnhill:
This letter is to acknowledge receipt of your check No. 13208 in the amount of $6066.86
on June 14, 2018. This payment satisfies in full the civil assessment in the amount of $6066.86
levied against James K. Barnhill Jr. and the case has been closed. If you have any questions,
please call me at [phone].
Sincerely,
*(A
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WQROS- Wilmington Regional Office
File # DV-2018-0011
WQROS Central Files (AWS710029)
-''?"Nothing Compares"—,
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129