900063_Regional Office Historical File Pre 2018

Site Requires Immediate Attention: _
Facility No. 90 - 63
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: //— q , 1995
Time: //, / 5
Farm Name/Owner: 9F/C /-02 77/6%? R
Mailing Address: 4 SO 15 M► T H i-o w ek) R dl M fl 25f-/Vi L L E z?/ D 3
County: L/A r o rJ Integrator: Phone: D GZ 4- _ 5 S D 7
On Site Representative: Phone:
Physical Address/Location:
Type of Operation:Swine ✓ Poultry_Cattle_Design Capacity:_ Number of Animals on Site: 10 �a
Latitude: ° SZ' / 0" Longitude:&Q °22 ' 4.0" Elevation: Feet
Circleor No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) O•r No Actual Freeboard: 3 Ft. 0 Inches
Was any seepage observed from the lagoon(s)? Yes or (o Was any erosion observed? Yes o No
Is adequate land available for spray? yes r No Is the cover crop adequate? Yes r No •
Crop(s) being utilized: ' ft65 flues % URE
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? Ye or No
100 Feet from Wells? Y�e�s br No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes o
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes o,
Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes o
If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes or No
Additional Comments: 1Vo n o) s / ��%:f /Ve TSi4� c Q ti� F i }i1V,S we ► ^/(�
wo i CA-�t, w &kX ?wr ,!O M A i L i n)C, tD D REs!
Mti '%/Uck�,i2;G�}LL .� o►J) A/ L 30 qS. c`MyrFri� u c 6)/774 APS
mi/c gee -- Us 4-r" 1/( ►iv, LL SELL T# A9C-5 T o` Pis //o 6 s 77ftS X)4-,e Irv/ L t-
Go ooT oj- Rol Piv Ss.
Inspector Name S.,019/P goU—Gff,9 -
cc: Facility Assessment Unit
Signature(, i

Michael F. Easley
Govemor
;W illiam; G Ross`Jr.;'Secretary
Department of Environmeni;, and Natural Resources
L'. ',1!3-Alari_WrLKlimek;/P.E: Director
Division of Water Quality
May 29, 2003
MR RICHARD TUCKER
4809 SMITH TOWN ROAD
MARSHVILLE NC 28103
SUBJECT: Acknowledgment Receipt Letter
Farm # 90-63
File # DD 02-001
Union County
Dear Mr. Tucker:
This letter is to acknowledge receipt of your check # 11863 in the amount of $4,244.56,
received on May 23, 2003.
This payment satisfies in full the civil assessment in the amount of $4,244.56 levied
against HTH Farm, and this enforcement case has been closed. Payment of these penalties in no
way precludes further action by this Division for future violations.
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
SL:sw
cc: ooresv�illelaeQ=ional ®ffi'c e
nforcement/Compliance Files # DD 02-001
Central Files
AVA
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o.enrstate.nc.us

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1996
Richard Tucker
H T H Farms
4809 Smithtown Rd.
Marshville NC 28103
r 1' ATU:._i". ,t
NOV v 1996
OI�t :;il.l ifr [ :. _!ii
13:ii!O:IIAL OFF CE
Subject: Removal of Registration
Facility Number 90-63
Union County
Dear Mr./Mrs. Tucker:
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your operation's
animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not require registration
or a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not reach the
surface waters of the state. Any system determined to have an adverse impact on water quality may be required to obtain a
waste management plan or an individual permit. You are reminded that a discharge of wastes to the surface waters of the state
will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below,
you will be required to obtain a certified animal waste management plan prior to stocking animals to that level. Threshold
numbers of animals which require certified animal waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Poultry 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff at
[phone] ext 502.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: MOORESVILLE Water Quality Regional Office
Union Soil and Water Conservation District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

,IF -.,•s_I7.EPT. OF Et11V1RO. <'':.fak
IL
AND NATURAL RESOUR
OORESVILLE REGIONAL OFFICE
1 1
APR 3 0 2003
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
TA V R QUQTV SEci ' 22' 2003
• Mr. Richard Tucker
4809 Smith Town Road
Marshville, NC 28103
Dear Mr. Tucker:
CERTihihD MAIL
RETURN RECEIPT REQUESTED
RE: - Request for Remission of Civil Penalty
HTH Farms
Farm #90-63
Union County
File No. DD 02-001
In accordance with North Carolina General Statute 143-215.6A(f), I considered the information
you submitted in support of your request for remission and did not find grounds to modify the
civil penalty assessment of $4,244.56.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your
check payable to the Department of Environment and Natural Resources and reference the case
number. Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
You or your representative will be allowed approximately five minutes for your presentation. A
representative from the Division of Water Quality will present the case against remission. The
Committee on Civil Penalty Remissions will render a final and binding decision in accordance
with NCGS 143B-282.1(c).
Customer Service:
1-877-623-6748
Mailing Address:
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Telephone [phone]
Fax [phone]
State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o.enrstate.nc.us
!NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

If you choose to present your request to the committee, please notify DWQ within 30 days of
receipt of this letter at the same address as above. Your request will be scheduled on the agenda
of the next scheduled committee meeting and you will be notified of the date and time. If a
response is not received by the Division regarding this notice, your request will be automatically
scheduled on the agenda for an upcoming committee meeting.
Thank you for your attention to this matter. If you would like a receipt that your check was
received, please send it via certified mail. Please contact Steve Lewis at [phone], ext.
539 if you have any questions.
Sincerely,
Alan W. Klimek, P.E.
AWK/scl
cc: D. Rex Gleason, Mooresville Regional Supervisor
AlarlgTolusoiIIRO
File # DD 02-001
Central Files

Michael F. Easley
Govemor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 12, 2002
Mr. Richard Tucker
4809 Smithtown Road
Marshville, NC 28103
SUBJECT: Assessment of Civil Penalties for Making
to Waters of the State without a Permit
Farm # 90-63
Union County
File No. DD 02-001
Dear Mr. Tucker:
an Outlet
CERT1-1r.D MALL
'r i.'pt ` JW ROiNMEiNT RETURN RECEIPT iLUE Wr.ML
RESOURCES
MOORESVILLE REi iJAL OFFICE
f
I,
NOV 1 5 2002
aEl$s-4 s'�i g� ^eE�rIION
This letter transmits notice of a civil penalty assessed against HTH Farm in the amount of
$4,244.56 which includes $244.56 in investigative costs. 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 and Natural Resources and the Director of the Division of
Water 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 three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
ATLI
NCDENR
Customer Service:
1-877-623-6748
Mailing Address:
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Telephone [phone]
Fax [phone]
State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o.enrstate.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

OR
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
. Kent Wiggins, Acting Supervisor
Non -Discharge Compliance and Enforcement Unit
JKW/scl
ATTACHMENTS
cc: D. Rex Gleason, Mooresville Regional Supervisor w/ attachments
angthslinson, MRO w/ attachments
File DD 02-001 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF UNION
IN THE MATTER OF ASSESSMENT
OF CIVIL PENAL I mS AGAINST
PERMIT NO. N/A
)
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DD 02-001
Having been assessed civil penalties totaling $4,244.56
for violation(s) as set forth in the assessment document of the Division of Water Quality dated,
November 8.2002 , the undersigned, desiring to seek remission
of the civil penalties, 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 Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 2002.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MA 1" n R OF
RICHARD TUCKER
FOR VIOLATION OF
N.C.G.S 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DD 02-001
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENAL 1'1hS
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent
Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. Richard Tucker owns HTH Farm, an inactive swine facility located on SR
1915 (Smithtown Rd.) in Union County.
B. HTH Farm was deemed permitted as a nondischarge facility on February 1, 1993
in accordance with 15A NCAC 2H .0217.
C. On February 18, 2002, staff with DWQ and the Division of Soil and Water
Conservation observed that the wastewater lagoon at HTH Farm had been
breached and drainage from the lagoon was entering an unknown tributary of
Lanes Creek, which are Class C waters in the Yadkin -Pee Dee River Basin.
D. Richard Tucker had no valid permit for the above -described activity.
E. . The cost to the State of the enforcement procedures in this matter totaled $244.56.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Richard Tucker is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).

B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributary to Lanes Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. Richard Tucker 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 ten
thousand dollars ($10,000.00) 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 Richard
Tucker pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, 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, Richard Tucker is hereby assessed a civil penalty of:
$ D02 for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
S 244.56 Enforcement costs
$ ' ' yy. 5 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 water quantity or quality or on air quality;
(4) The cost of rectifying the damage;

(5)
(6)
(7)
(8)
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
The cost to the State of the enforcement procedures.
(
ate)
ent Wiggins, Act' pervisor
on -Discharge Compliance and Enforcement Unit
Division of Water Quality