900063_Regional Office Historical File Pre 2018 (2)

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CERTIFIED MAIL RECEIPT
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Postage
Certified Fee
J7 Retum Receipt Fee
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3
r Total P�,
i RICHARD TUCKER
L ▪ Sent To
•4809 SMITHTOWN RD
street, q'' MARSHVILLE NC 28103
or PO Bc .,
,City, Stat
WQ/AJ

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PS Form 3800, January 2001 (Reverse) 102595-01-M-104

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I. Article Addressed to:
F
RICHARD TUCKER
4809 SNIITHTOWN RD
MARBH\IL`LE NC 28103
WQIAJ
COMPLETE THIS SECTION ON DELIVERY'
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P 7001 2510 0005 0287 5933
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?S Fojm 3811„ August 2001 Domestic Return Receipt
( i i :v:irt .:iii i iiiE ; .;.; ;
102595-01-M-25

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NCDENR
WATER QUALITY SECTL?DN
919 NORTH MAIN STREL
MOORESVILLE NC 281 f
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11Ii'silI111111i1i!li1111111IlI IilI11IIIilil,ftliiililki17l

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CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Richard Tucker
4809 Smithtown Rd.
Marshville, NC 28103
Dear Mr. Tucker:
Michael F. Easley
Govemor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
WATER QUALITY SECTION
February 22, 2002
Subject: Notice of Violation and
Recommendation for Enforcement
Improper Lagoon Closure
HTH Farm, Facility #: 90 - 23
Union, NC
On February 18, 2002 Mr. Alan Johnson of this Office and Mr. Rocky Durham of the
Division of Soil and Water conducted a routine inspection of the lagoon on your farm. During the
inspection they noted that the dam had been breached. This letter is being issued as a Notice of
Violation and a Notice of Recommendation for Enforcement for failing to follow proper lagoon
closure procedures. The failure to obtain and follow a lagoon closure plan is a violation of North
Carolina General Statute (NCGS) 143-215.1 (a) (1) and North Carolina Administrative Code (NCAC)
15A 2H. 0217.
Based on the size of the lagoon (1/3 plus acres) and depth of sludge, the approximate size of
the discharge appears to be in excess of 7,000 gallons. At the time of the visit wastewater was noted
flowing approximately 400 feet from the lagoon and entering a tributary of Lanes Creek. Be advised
that you are liable for any damage to water quality resulting from the discharge of waste that enters
the stream. Contravention of water quality standards is a violation of NGSC 142-215.1 (a) (6).
As Mr. Johnson informed you at the site, the discharge must be ceased immediately. The
sludge must also be picked up and returned to the lagoon until a proper closure plan has been
developed. Prior to final closure of the lagoon the Division of Water Quality must be notified. An
inspection of the lagoon may be necessary to verify that the waste in the lagoon has been properly
removed.
If you have an explanation for the noted violations that you wish to present, please respond in
writing within ten (10) days following the receipt of this notice. Your explanation will be reviewed and,
if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for his consideration. Please address your response to the attention of
Mr. Johnson. It is requested that your response also reference the date and subject of this NOV.
NLDtrilit
Customer Service
1 8D0 623-7748
Division of Water Quality
919 North Main Street Mooresville, NC 28115 Phone [phone]
Fax [phone]

Page 2
Tucker
Be advised that North Carolina General Statues provide for penalties of up to $25,000 per
violation per day as well as criminal penalties for violations of state environmental laws and
regulations. If you have any questions concerning this matter, please do not hesitate to contact Mr.
Johnson or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Union County SWCD
Compliance/Enforcement Unit
Regional Coordinator
File

r
Memorandum:
TO: Dennis Ramsey
FROM: D. Rex Gleason
PREPARED BY: Alan D. Johnson
ILCr
Division of Water Quality
WATER QUALITY SECTION
March 25, 2002
SUBJECT: 2 Recommendation'or Enforcement
Richard Tucker, HTH Farm
Facility # 90 - 63
Union County, NC
Attached is an Enforcement package for the Richard Tucker Farm (HTH Farm) in Union
County. While surveying inactive lagoons on February 18, 2002, Mr. Alan Johnson with this
Office and Mr. Rocky Durham with the Division of Soil and Water Conservation, observed
that the lagoon dam had been breached at Mr. Tucker's inactive swine facility. Although the
solids (sludge) from the lagoon discharged through the breach, it did not appear that the solids
entered the creek. However, wastewater seeping from the lagoon solids was observed flowing
approximately 400 ft. downslope and into a tributary of Lanes Creek. A Notice of Violation
and a Recommendation for Enforcement was issued on February 22, 2002. Based on Mr.
Tucker's response to our NOV/NRE, enforcement action is still recommended.

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: DD
Violator: Mr. Richard Tucker
Address: 4809 Smithtown Rd.
Marshville, NC 28103
Union County
Responsible Party: Mr. Richard Tucker
Regional Office: Mooresville
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 violations:
No harm has been documented; however, the discharge of inadequately treated wastewater can be
detrimental to aquatic, as well as human life. Based on the size of the lagoon (1/3 plus acre) and
depth of the solids (sludge) discharged through the breach in the dam, -the approximate volume of the
discharge was estimated at 5,000 - 7,000 gallons. Although wastewater (not solids) from the lagoon
was still flowing to the creek, the total amount that entered the creek is unknown. The creek is a
tributary of Lanes Creek, which is a class WS - V water.
2. The duration and gravity of the violations:
There is no evidence that any lagoon solids (sludge) entered the creek. However, at the time of the
inspection on February 18th, wastewater (drainage) from the solids was still flowing and entering the
creek. Any wastewater that might have been in the lagoon at the time of the breach would have also
discharged to the creek. The date the dam was breached is .not known. However, based on Mr.
Tucker's comment and Mr. Johnson's observation, the breach appeared to have occurred around
February 1, 2002.
3. The effect on ground or surface water quality or quantity or on air quality:
No effects have been measured.
4. The amount of money saved by noncompliance:
The money saved by not pumping, hauling, and properly applying the waste at agronomic rates could
be substantial particularly if the owner did not have the necessary equipment.

se-
5. Whether the violations were committed willfully or intentionally:
The lagoon dam appeared to have been breached willfully and intentionally. Mr. Tucker was aware of
the basic requirements of properly closing a waste lagoon. Mr. Tucker stated he had 'spoken -with Mr.
Phil Loudermilk with the Natural Resource Conservation Service (prior to the breach of the dam)
regarding the lagoon closeout. Apparently, he was familiar with the closeout procedure.
6. The cost to the State of the enforcement procedures:
Central Office Review and Processing
5.0 hours by investigator for investigating and
drafting report(s) @$17.92/hr.
1.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr.
1.0 hour for clerical support @ $15.00/hr.
= $ 100.00
= $ 89.60
= $ 39.96
_ $ 15.00
TOTAL 244.56
7. Type of violator and general nature of business (i.e. individual vs. large corporation):
The violator is an individual. The swine facility has been closed for at least 5 years.
8. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
The day following the site visit by Mr. Johnson, Mr. Tucker stated that he constructed a berm to
prevent further drainage of wastewater from entering the creek. Within 10 days of receipt of the
Notice of Violation and Recommendation for Enforcement for the discharge, Mr. Tucker notified the
Division of Water Quality that the lagoon had been closed, which was verified by Mr. Loudermilk (See
attached correspondence from Mr. Tucker).
9. Mitigating circumstances:
Mr. Tucker stated that before breaching the dam the liquid waste in the lagoon was used to irrigate
nearby fields and that the remaining sludge was allowed to dry. The dam was breached to allow access
for the equipment that was to be used to remove the sludge. In doing so, the wastewater and
saturated solids (sludge) discharged from the lagoon.

4.
STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MA'I hR OF
MR. RICHARD TUCKER
FOR MAKING AN OUTLET TO
THE WATERS OF THE STATE
FOR VIOLATIONS G.S. 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DD
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, I, Gregory J. Thorpe, Acting Director of the Division of Water Quality (DWQ),
make the following:
I. FINDINGS OF FACT:
A. Mr. Richard Tucker owns an inactive swine facility located on SR 1915 (Smithtown
Rd.) in Union County.
B. Mr. Richard Tucker was deemed permitted as a nondischarge facility on February 1,
1993 in accordance with 15A NCAC 2H .0217.
C. On February 18, 2002, Mr. Alan Johnson with the Division of Water Quality and Mr.
Rocky Durham with the Division of Soil and Water Conservation observed that the
wastewater lagoon at Richard Tucker's farm (HTH Farm) had been breached and
drainage from the lagoon was entering an unknown tributary of Lanes Creek, Class C
waters in the Yadkin -Pee Dee River Basin.
D. Mr. Richard Tucker did not have a valid permit for the activity described in I. C. above.
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. Mr. Richard Tucker is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. An 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).
C. The above -cited discharge is a violation of G.S. 143-215.1.
D. Mr. 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 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.
E. The State's enforcement costs in this matter may be assessed against Mr. Richard
Tucker pursuant to-G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural 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, Mr. Richard Tucker is hereby assessed a civil penalty of:
$ for creating an outlet to the waters of the State in violation of
G.S. 143-215.1.
$ TOTAL CIVIL PENALTY
$ 244.56 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violations were 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.
(Date) Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality

CERTIFICATION PAGE
I certify that the information in this report is true to the best of my knowledge:
All violations have been based upon my understanding of the laws, rules, and regulations
governing animal operation waste management.
Signature of Principal Investigator(s):
Alan D. Johnson
Date: 3 — 2s = O ?

%IC DEPT. OP DY I/ERQE:;:q -
AND NATURAL REIC'
March 4, 2002
MAR. 0 5 2002
Mr.Alan Johnson
Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Notice of Violation and
Recommendation forEnforcement
HTH Farm, Facility #: 90-23
Union, NC
Dear Mr. Johnson:
In response to Mr. Rex Glea'son's letter dated February 22, 2002, we offer the following:
The dam to the lagoon was breached in order to allow me to get my equipment inside the
lagoon so that I could start scooping out the sludge. On February 18th, you made a
routine inspection of the lagoon and noted that the dam had been breached and therefore,
the issuance of the February 22nd NOV letter.
The following day, Tueday, February 19th, we began implementing the procedures
required to close this lagoon. A dyke was put in place to stop any water from running off
into the creek. We then scheduled to have a backhoe come in to start dipping out the
lagoon and this started on Friday, February 22nd. On Thursday, February 28th, Phil
Loudermilk inspected the lagoon and said it was clean enough to be filled in with dirt.
This was done on Friday, March lst and Saturday, March 2nd. The sludge which was
dipped out is inside a dyke where no water can escape and will be applied in an
agronomical rate on crop land as soon as possible.
Enclosed are pictures that show the steps we took to close this lagoon from start to finish.
We hope this meets the approval of all concerned and wish to convey to you that there
was no intent on the part of HTH Farms to knowingly violate any North Carolina
General Statues.
Si erely,
rikcja,Le,e
Richard Tucker
4809 Smith Town Road
Marshville, NC 28103

Michael F. Easley
Governor
r •
William G. Ross, Jr., Secretary
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Richard Tucker
4809 Smithtown Rd.
Marshville, NC 28103
Dear Mr. Tucker:
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
.. Division of Water Quality
WATER QUALITY SECTION
February 22, 2002
Subject: Notice of Violation and
Recommendation for Enforcement
Improper Lagoon Closure
HTH Farm, Facility #: 90 - 23
Union, NC
On February 18, 2002 Mr. Alan Johnson of this Office and Mr. Rocky Durham of the
Division of Soil and Water conducted a routine inspection of the lagoon on your farm. During the
inspection they noted that the dam had been breached. This letter is being issued as a Notice of
Violation and a Notice of Recommendation for Enforcement for failing to follow proper lagoon
closure procedures. The failure to obtain and follow a lagoon closure plan is a violation of North
Carolina General Statute (NCGS) 143-215.1 (a) (1) and North Carolina Administrative Code (NCAC)
15A 2H. 0217.
Based on the size of the lagoon (1/3 plus acres) and depth of sludge, the approximate size of
the discharge appears to be in excess of 7,000 gallons. At the time of the visit wastewater was noted
flowing approximately 400 feet from the lagoon and entering a tributary of Lanes Creek. Be advised
that you are liable for any damage to water quality resulting from the discharge of waste that enters
the stream. Contravention of water quality standards is a violation of NGSC 142-215.1 (a) (6).
As Mr. Johnson informed you at the site, the discharge must be ceased immediately. The
sludge must also be picked up and returned to the lagoon until a proper closure plan has been
developed. Prior to final closure of the lagoon the Division of Water Quality must be notified. An
inspection of the lagoon may be necessary to verify that the waste in the lagoon has been properly
removed.
If you have an explanation for the noted violations that you wish to present, please respond in
writing within ten (10) days following the receipt of this notice. Your explanation will be reviewed and,
if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for his consideration. Please address your response to the attention of
Mr. Johnson. It is requested that your response also reference the date and subject of this NOV.
Customer Service
1 800 623-7748
Division of Water Quality
919 North Main Street Mooresville, NC 28115 Phone [phone]
Fax [phone]

Page 2
Tucker
Be advised that North Carolina General Statues provide for penalties of up to $25,000 per
violation per day as well as criminal penalties for violations of state environmental laws and
regulations. If you have any questions concerning this matter, please do not hesitate to contact Mr.
Johnson or me at [phone].
Sincerely,
y
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Union County SWCD
Compliance/Enforcement Unit
Regional Coordinator
File

03/14/2002 11:19 7042912191 USDA MONROE PAGE 027132..,
Animal 'a; .. Storage Pond and Lag rn Closure Report Form
(Please type or print all information that does not require a signature)
General 1nforrtiont -
Narne of Farrn: j / T i4 +-,y, s - -
01.vner(s) Name: R: G hA.hd 771c ic E. ;-
Mailing., Address: ' B 61 ] -1O will&1
.49A tiu/ /Uc__ z.€?/e 3
Operation Descrh Lion (remaining animals only):
D Please check this box if :here will be no animals on this farm after lagoon closure. If there will stilt be animals an d,e site atter lagoon closure. please provide the followin, information on the animais that will remain.
Operation Descriotioj
Type of Swine No. of Animals Type of Poultry No. of 4;timnls Type of Carrie No. of Animals' 0 Wean to Feeder n Laver • Dairy
PrFeeder co'Finish • f a o o Pullets
:1 Farrow to Wean
Z Fanvw to Feeder
u Farrow to Finish
Other Type of Livestock, Number of rlturt:als;
Will the farm maintain a number of animals a eater than the 21`T .0217, threshold? Yes u No
Will other lagoons be in operation at this farm Lifter this one closes? Yes 0 No 0
How many lagoons are Ieft in use on this farm?:
Facility No: 917 - 7-
Phone No: 6 241-6:s117
County: is.r`e v'
Beef
c
(Name)} f the Water Quality Section's staff in the Division
of Water Quality's Re��ional Office (see map on back)
was contacted on (dare) for notification. of the pending closure of this pond or lagoon.
This notification was at Least 24 hours prior to the start of closure which began on (date).
Z verify that the above information is correct and complete. I have followed a closure plan which meets
all NRCS specifications and criteria. I realize that Z will be subject to enforcement action per Artiele 21
of the North Carolina General Statutes if Z fail to properly close our the Iagoori.
Narne of land Owner (Please Print):
Signature:
Date:
____ ____-.� .�....., avu�•��.0 y y1VJ UlG .,, ,. -ter
-39'. The following items were completed by the o�vucr and verified by me: all waste
liquids and sludges have been removed a- ,
Name of Technical Specialist (Please Print): P4 r / fk
Affiliation: , j(! A. C.
Address (Agency): 6 cI L e as r/ �4✓ itA,i Nc- z Stir, Phone No.: 744-21M--32.r •
n /7 n 11
Signature:
Rezurn withizi 1a days following completion ot animal water a age pond or agoon closure to:
N. C. Division Of Water Quality- Water Quality Section
Cotripiiance Group
' P.O. Box 2 9 -3 35
Raleigh, NC 27626-0535
PLC - •iay 3. 1990