820283_PC-2020-0049_20210331

DocuSign Envelope ID: 4CDC8BA4-0D01-4D54-B7D2-DA8CODEB532F
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 31, 2021
CERTIFIED MAIL - #7017 0190 0000 1635 4457
RETURN RECEIPT REQUESTED
Cornelia Ford
Robert Allen Thornton Farm
259 Ethan Ln
Clinton, NC 28328-8086
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 820283
Sampson County
Enforcement File No. PC-2020-0049
Dear Ms. Ford:
This letter transmits notice of a civil penalty assessed against Ms. Cornelia Ford in the amount of
$2,500.00 and $471.00 in investigative costs, for a total of $2,971.00. 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
Depaitnient of Environmental 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 D. Garoma
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
fixE
NORTH CAROLINA
Ifapa M aof Emlranmpulal Ouallry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 116I7 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 4CDC8BA4-0D01 -4D54-B7D2-DA8CODEB532F
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 D. Garoma
Animal Feeding Operations Program
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.
fixE
NORTH CAROLINA
Ifapa M aof Emlranmpulal Ouallry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 116I7 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 4CDC8BA4-0D01 -4D54-B7D2-DA8CODEB532F
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 §150B-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 Miressa D. Garoma at [phone].
Sincerely,
cDocuSigned by:
8FB19B649DD2478...
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
ATTACHMENTS
cc: Fayetteville WQROS Regional Supervisor w/ attachments
File # PC-2020-0049 w/ attachments
WQPS Central Files w/ attachments
Laserfiche (AWS820283)
Sampson County Health Depailment
fixE
NORTH CAROLINA
Ifapa M aof Emlranmpulal Ouallry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 116I7 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CORNELIA FORD
PERMIT NO. AWS820283
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2020-0049
Having been assessed civil penalties totaling $2971.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, March 31, 2021, 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 , 2021
Signature
ADDRESS
TELEPHONE

DocuSign Envelope ID: 4CDC8BA4-0D01-4D54-B7D2-DA8CODEB532F
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF
CORNELIA FORD
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
FILE NO. PC-2020-0049
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Depailnient of Environmental
Quality (DEQ) and the Director of the Division of Water Resources (DWR), I, Jeff Poupart, Chief of the
Water Quality Permitting Section of the Division of Water Resources, make the following:
I. FINDINGS OF FACT:
A. Cornelia Ford owned and operated Robert Allen Thornton Farm, a swine operation located
along 774 Hog House Lane Clinton NC. in Sampson County.
B. Cornelia Ford was issued Certificate of Coverage AWS820283 under North Carolina
Swine Waste Management System General Permit AWG100000 for Robert Allen
Thornton Farm on October 1, 2014 effective upon the date of issuance, with an expiration
date of September 30, 2019.
C. Condition No. 11.12. of General Permit AWG100000 states that "A protective vegetative
cover shall be established and maintained on all earthen lagoon/storage pond embankments
(outside toe of embankment to maximum operating level/compliance level on embankment
interior), berms, pipe runs, and stormwater diversions with the goal of preventing erosion.
Trees, shrubs, and other woody vegetation shall not be allowed to grow on the
lagoon/storage pond embankments. All trees shall be removed in accordance with good
engineering practices. Lagoon/storage pond areas shall be accessible, and vegetation shall
be kept mowed."
D. On September 14, 2020, DWR staff documented that the lagoon banks on the farm had not
been mowed and there were areas where no vegetative cover has been established. The
condition of the lagoon was noted in the last inspection and Ms. Ford was told during last
year's inspection to mow and repair bare areas on lagoon bank.
E. Condition V.2. of the General Permit AWG 100000 states that "The maximum waste level
in lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional
one (1) foot of structural freeboard except that there shall be no violation of this condition

DocuSign Envelope ID: 4CDC8BA4-0D01-4D54-B7D2-DA8CODEB532F
if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee
is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural
freeboard."
F. On September 14, 2020, DWR received an email containing aerial pictures of Ms. Cornelia
Fords farm, and they documented ponded waste around the flexible hose at the irrigation
pump. DWR documented that the ponded area was still there, but none had left the field.
DWR staff did document the lagoon level was at 18.5 inches, and the minimum designed
lagoon level is 19 inches. Based on the time stamp of the aerial photo, Ms. Ford was
pumping around 11:00 am, and when DWR staff arrived at 5:50pm, the irrigation pump
was still running Based on the debris on top of the horizontal pipe, DWR concluded the
lagoon level prior to pumping was 17 inches or less.
G. Condition 111.17. of General Permit AWG100000 states that "The Permittee shall report by
telephone to the appropriate Division Regional Office as soon as possible, but in no case
more than twenty-four (24) hours following first knowledge of the occurrence of any of
the following events: (e) Failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition V.2. of this General Permit.
H. DWR staff were not notified by the permittee about the high waste levels in the animal
waste storage lagoons as required by the permit.
L On September 29, 2020, the Division issued a Notice of Violation (NOV/NOI) with intent
to enforce through the civil penalty assessment process to Cornelia Ford identifying
violations of N.C.G.S. 143-215.1 and General Permit AWG100000.
J. The NOV/NOI was sent by certified mail, return receipt requested and received on October
5, 2020.
K. The cost to the State for the enforcement procedures in this matter totaled $471.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Cornelia Ford 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 N.C.G.S. 143-215.1.
C. Failure to properly maintain lagoons banks as cited in I.D. above is a violation of Condition
IL12. of the General Permit AWG100000.
D. Failure to maintain the liquid level in the lagoon at the level specified in the CAWMP as
cited in I.F. above is a violation of Condition V.2. of the General Permit AWG100000.
E. Failure to notify the DWR Regional Office of the high lagoon levels as cited in I.H. above
is a violation of Condition IIL17.e of the General Permit AWG100000.
F. Cornelia Ford 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 than twenty-five thousand

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dollars ($25,000.00) per violation may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Cornelia Ford pursuant
to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
H. 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, Cornelia Ford, owner of Robert Allen Thornton Farm at the time of the
noncompliance is hereby assessed a civil penalty of:
$500.00 For violating Condition IL12. of the General Permit AWG100000, for
failure to properly maintain lagoon banks.
$1000.00
$1000.00
$2,500.00
$471.00
$2,971.00
For violating Condition V 2 of the General Permit AWG100000 for failure
to maintain the maximum waste level in the lagoon/storage pond which
shall not exceed that specified in the facility's CAWMP.
For violating Condition IIL17.e of the General Permit AWG100000, for
failure to report by telephone to the appropriate Division Regional Office
about high waste levels in the animal waste storage lagoon.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to 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 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.

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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 Cornelia Ford in
accordance with N.C.G.S.143-215.6(A)(d).
DocuSigned by:
c
6/9/2021 Cr'
RFR19R64flDD247B
(Date)
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources