490006_PC-2021-0037 F&D_20210728

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF IREDELL

FILE NO. PC-2021-0037
IN THE MATTER OF )
)
BEN A. SHELTON )

) FINDINGS AND DECISION
FOR VIOLATIONS OF CATTLE WASTE ) AND ASSESSMENT OF
MANAGEMENT SYSTEM ) CIVIL PENALTIES
GENERAL PERMIT AWG200000 )
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, I, Jeff Poupart, Chief of the Water Quality Permitting
Section of the Division of Water Resources (DWR), make the following:

I. FINDINGS OF FACT:

A. Ben A. Shelton owns and operates Rocky Creek Dairy, a cattle animal feeding operation
located at 178 Holstein Ln Olin, North Carolina.

B. Ben A. Shelton was issued Certificate of Coverage AWC490006 under North Carolina Cattle
Waste Management System General Permit AWG200000 for Rocky Creek Dairy on June
26, 2020 effective from the date of issuance, with an expiration date of September 30, 2024.

C. Condition II.5 of General Permit AWG200000 states “in no case shall land application result
in excessive ponding or any runoff during any given application event.” – [15A NCAC 02T
.1300]

D. On March 23, 2021 at 8:20 PM, Ben Shelton called Michael Meilinger of DWR to notify
about the runoff into an unnamed tributary to Dutchman Creek, that occurred from the field
application noticed at 6 PM.

E. On March 24, 2021 DWR staff documented the runoff with pictures, told facility staff to
place more hay bales to help contain the remaining runoff, contact county SWCD for BMP
assistance in the field, and to check for erosion areas before next application event.

F. On April 1, 2021 the Division issued a Notice of Violation (NOV/NOI) with intent to enforce
through the civil penalty assessment process to Ben A. Shelton identifying violations of
N.C.G.S. 143-215.1 and Permit No. AWC490006. The violation is the unlawful runoff of
waste to Waters of the State.

G. The NOV/NOI was sent by certified mail, return receipt requested and received on April 15,
2021 and a response was sent to the Mooresville Regional Office on April 19, 2021.

H. The cost to the State of the enforcement procedures in this matter totaled $128.16.

DocuSign Envelope ID: B8397601-7829-436F-A6A2-CF2D9932A293

Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:

A. Ben A. Shelton 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. Unnamed tributary to Dutchman Creek constitutes waters of the State within the meaning of
G.S. 143-215.1 pursuant to G.S. 143-212(6).

D. The conditions described in Findings of Fact I.D., & I.E. violated Condition II.5 of the
General Permit AWG200000 by failing to prevent excessive ponding and runoff of waste
during land application.

E. Ben A. Shelton 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
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.

F. The State's enforcement costs in this matter may be assessed against Ben A. Shelton pursuant
to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).

G. 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, Ben A. Shelton, owner of Rocky Creek Dairy at the time of the noncompliance is
hereby assessed a civil penalty of:

$1000.00___ For violation of Condition II.5 of the General Permit AWG200000 for
failure to prevent excessive ponding and runoff of waste during application
events.

$1000.00 __ TOTAL CIVIL PENALTY

$128.16____ Enforcement costs

$1128.16 __ 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;
DocuSign Envelope ID: B8397601-7829-436F-A6A2-CF2D9932A293
(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 Ben A. Shelton in
accordance with N.C.G.S. 143-215.6(A)(d).

_________________ _______________________________
(Date) Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources
DocuSign Envelope ID: B8397601-7829-436F-A6A2-CF2D9932A293