040005_ENFORCEMENT_20171231

Water Resources
ENVIRONMENTAL QUALITY
A. Dale McRae
A. Dale McRae Farm
2874 Pinkston River Rd
Wadesboro, NC 28170-8170
Dear A. Dale McRae:
RECEIVED
DEQIDWR
JAN 0 6 2017
WQROS
FAYETTEVILLE REGIONAL OFFICE
December 28, 2016
PAT MCCRORY
amrrnor
DONALD R. VAN DER VAART
s --y
S. JAY ZIMMERMAN
RE: Acknowledgment of Receipt of Payment
Case No.: PC -2016-0069
Farm No.: 04-0005
Anson County
Direcrar
This letter is to acknowledge receipt of your check No. 5199 in the amount of $213.00 on
December 21, 2016. This payment satisfies in full the civil assessment in the amount of $213.00
levied against A. Dale McRae and the case has been closed. If you have any questions, please
call me at [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
cc: WQROS- Fayetteville Regional Office
File # PC -2016-0069
WQROS Central Files (AWSO40005)
State of North Carolina I Environmental Quality I Water Resources/Water Quality Regional Operations
1636 Mail service Center � Raleigh, North Carolina 27694-1636
9197079129

Water Resources
ENVIRONMENTAL OVALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
A McRae
A. Dale McRae Farm
2874 Pinkston River Rd
Wadesboro, NC28170-8170
Dear Permittee,
PAT MCCRORY
DONALD R. VAN DER VAART
se --y
S. JAY ZIMMERMAN
RECEIVED �` r
September 21, 2016 DEQIDWR
SEP 2 6 2016
WQROs
FAYETTEVILLE REGIONAL. OFFICE
Subject: Notice of Violation/Notice of Intent to Enforce
A. Dale McRae Farm
Permit Number: AWSO40005
Anson County
You are hereby notified that, having been permitted to have an animal waste management system
permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be
in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T
.0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by
the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated
July 8, 2016. As of this date, our records indicate that the above -referenced permit issued to your facility
has overdue fees.
The following invoices are outstanding:
Invoice Number
Due Date
ts!Eft Fee $
2015PR005111
7/5/2015
180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty
(30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more
than $25,000 per day per violation against any "person' who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is
imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violation.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
State of North Carolina I Environmental Quality I water Resources/Water Quality Regional Qperatiom
1636 Mail service Csmer I Raleigh, North Carolina 27699-1636
919 807 6464

Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirements. If you have any questions concerning this Notice, please contact the Animal Feeding
Operations Program staff at [phone] or [phone].
Sincerely,
Debra
J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No. AWS040005)

Water R esources
ENVIRONMENTAL QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
A McRae
A. Dale McRae Farm
2874 Pinkston River Rd
Wadesboro, NC28170-8170
Dear Permittee,
PAT MCCRORY
cdmemor
DONALD R. VAN DER VAART
se -Y
S. JAY ZIMMERMAN
Dhwtor
July 8, 2016 RECEIVED
DEQ/DWR
JUL 11 2016
WQROS
FAYETTEVILLE Rr -10NAL OFFICE
Subject: Notice of Deficiency
A. Dale McRae Farm
Permit Number AWSO40005
Anson County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outstan4ias Fee ($}
2015PR005111
7/5/2015
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone. [phone]
-contd.-
State of Horth Ca mlina I Environmental Quality I water ResouneslWater Quality Regional Operations
16361L Z kc Cait.a j Ralcigh, \o,th Cd,uliue 2 7699-1636
9199076464

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWSO40005)

Wt.
Water Resources
ENVIRONMENTAL QUALITY
RECEIVED
DEQIDWR
NOV 3 0 2016
WQROS
FAYETTEVILLE REGIONAL OFFICE
November 23, 2016
CERTIFIED MAIL - #70151520 0000 7838 4191
RETURN RECEIPT REO UES TED
A. Dale McRae
A. Dale McRae Farm
2874 Pinkston River Rd
Wadesboro, NC 28170-8170
Dear A. dale McRae:
PAT MCCRORY
Governor
DONALD R, VAN DER VAART
Secretary
S. JAY ZIMMERMAN
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T.0 I 05(e)(2)
Farm # 04-0005
Anson County
Enforcement File No. PC -2016-0069
Oireciar
This letter transmits notice of a civil penalty assessed against A. dale McRae in the amount of $90.00, and
$123.00 in investigative costs, for a total of $213.00. This penalty amount is in addition to the overdue
annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount
of $180.00. 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
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
OR
State of North Carolina I Environmental Quality I Water Resources
Water Quality Regional Operalions Section
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 747 9129

Assessment of civil penalty
A. Dale McRae
Enforcement # PC -2016-0069
Page 2 of 4
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
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.

Assessment of civil penalty
A. Dale McRae
Enforcement # PC -2016-0069
Page 3 of 4
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:
Sam M. Hayes, 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.
Payment of Overdue Fees
In addition to the civil penalty amount stated above, you are still responsible for paying the overdue
administering and compliance fees owed to the DVM regardless of which option you chose from
above. According to our records, you owe the following overdue administering and compliance fees to
date:
Invoice Number
Due Date
Outstandin FL
F$)
(
2015PR005111
1 7/5/2015
f 180
Please remit payment made payable to the North Carolina Department of Environmental Quality in the
amount of $180.00. Please mail this payment in a separate check to:
Division of Water Resources
Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617

Assessment of civil penalty
A. Dale McRae
Enforcement # PC -2016-0069
Page 4 of 4
Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this
letter will result additional civil penalties for continuing violations. Each day of a continuing violation may
be considered a separate violation subject to a $25,000.00 per violation per day penalty.
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,
ZonRis2d, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: B�eiindaHenson,.Fayetteville`WQROS Regional Supervisor w/ attachments►
File # PC -2016-0069 w/ attachments
WQROS Central Files w/ attachments
Anson County Health Department

v 1�
STATE OF NORTH CAROLINA
COUNTY OF ANSON
IN THE MATTER OF
A. DALE McRAE
FOR VIOLATIONS OF ANIMAL
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
AND 15A NCAC 2T .0105(e)(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC -2016-0069
}
FINDING AND DECISION
AND ASSESSMENT 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), 1, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. A. Dale McRae owns and operates A. Date McRae Farm, a Swine animal feeding operation
in Anson County.
B. A. Dale McRae was issued Certificate of Coverage AWSO40005 under General Permit
AWG 100000 for A. Dale McRae Farm on October 1, 2014, effective upon issuance, with an
expiration date of September 30, 2019.
C. 15A NCAC 2T.0 I 05(e)(2) states in part that "An annual fee for administering and compliance
monitoring shall be charged in each year of the term of every renewable permit according to
the schedule in G.S. 143-215.313(a). Annual fees must be paid for any facility operating on an
expired permit that has not been rescinded or revoked by the Division. Permittees shall be
billed annually by the Division."
D. The following table provides a history of unpaid invoices sent by DWR Budget Office to A.
Dale McRae for the annual administering and compliance fees of said Permit:
Invoice Number
Due Date
Outstanding Fee $)
2015PR005111
7/5/2015
180
E. On September 21, 2016, a Notice of Violation (NOV)/ Notice of Intent to Enforce (NOI) was
issued to A. Dale McRae, citing 15A NCAC 2T .0105(e)(2) for failure to pay the annual
administering and compliance fee within thirty days of being billed by DWR.
F. The NOV/NOI was sent by certified mail, return receipt requested and received on September
27, 2016.

G. As of the date of this civil penalty enforcement, the above -referenced invoices have not been
paid.
H. The cost to the State of the enforcement procedures in this matter totaled $123.00
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. A. Dale McRae is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to
N.C.G.S. 143-212(4).
B. A. Dale McRae violated 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering
and compliance fee within thirty days of being billed by the Division
C. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S.
143-215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by N.C.G.S. 143-215.1.
D. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B -282.1(b)(8) provides that the reasonable costs
of any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S.
143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
E. 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 Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, A. Dale McRae is hereby assessed a civil penalty of:
v�
qU For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual
administering and compliance fee for 2015.
TOTAL CIVIL PENALTY which is
authorized by N.C.G.S. 143-215.6A.
$123.00 Enforcement costs
$ 3, TOTAL AMOUNT DUE
percent of the maximum penalty

.14
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. 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; and
(8) The cost to the State of the enforcement procedures.
rV. 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 A. Dale McRae, in
accordance with N.C.G.S. 143-215.6(A)(d).
021 N.
(Date)
on Ri d, Chief
W Quality Regional Operations Section
vision of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: A. Dale McRae
County: Anson
Case Number: PC -2016-0069
Permit Number: AWSO40005
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;
None.
2) The duration and gravity of the violation;
To date, the permittees has failed to pay the following overdue annual administering and
compliance fees:
Invoice Number
Due Date
OutstandingFee $
2015PR00511
71512015
180
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown.
4) The cost of rectifying the damage;
The total overdue annual administering and compliance fees are $180.00.
5) The amount of money saved by noncompliance;
By not paying the annual administering and compliance fees, the permittees saved a total of $180.00.
6) Whether the violation was committed willfully or intentionally;
The circumstances that resulted in the failure to pay the annual administering and compliance fees during
their original billing cycle are negligible. However, the permittees were issued a Notice of Violations
(NOV) for failure to pay the overdue fees. Therefore, failure to pay the overdue fees after receipt of the
NOV is both will and intentional.
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
September 2016 — NOV—for failure to pay annual fee for 2015
8) . The cost to the State of the enforcement procedures.
$123.00
l
Date on 1! and
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA
COUNTY OF ANSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
A. DALE MCRAE
PERMIT NO. AWSO40005
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
}
}
FILE NO. PC -2016-0069
Having been assessed civil penalties totaling $213.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, November 23, 2016, 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 , 2016
Signature
ADDRESS
TELEPHONE

.JUSTIFICATION FOR REMISSION REOUEST
APS Case Number: PC -2016-0069 County: Anson
Assessed Party: A. Dale McRae
Permit No.: AWSO40005 Amount assessed: $213.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Re nest For Remission Waiver of Right to an Administrative Hearing and Stipulation o Facts "
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 aoolied 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
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rein. req.

If you have any questions concerning this matter, please call Robert
Heath, at [phone].
Sincerely,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
-
FAYETTEVILLE REGIONAL OFFICE
�a
DIVISION F WATER QUALITY
O QU
MCDENR , � n
_
February 12, 1999
CE RTIFIE_D MAIL
JAMES B. FiUNTJR';,-�.y ;-�
RETTIEN RECEIPT REQUSTED
GOVERNOR y .4
Audrey Oxendine - FRO DSW
Mr. A. Dale McRae
:.
Rt. 2, Box 385
Wadesboro, NC 28170
wArNEMCaE1/1rr
'
SUBJECT' NOTICE OF DEFICIENCY
SECRETARY
A. Dale McRae Swine Facility
r;+ "-;t�
Registration No. 04-5
• ,. :,;
t ' -
Anson County
Dear Mr. McRae:
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSU MER PAPER
'
On February 4, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the A. Dale McRae swine facility. It
was observed that the lagoon freeboard was less than the required
minimum according to the lagoon level indicator. In regard to the
deficiencies noted during the inspection, the following actions are requested:
1. Immediately begin lowering the lagoon level to the required freeboard
•.`-
on a suitable spray field with the required crop as weather permit.
Please notify this office on or before March 12, 1998 at the address
below as to the actions taken or proposed to be taken to resolve this
G
deficiency. Nothing in this letter should be taken as absolving this facility of
the responsibility and liability of any violations that have or may result from
'
these deficiencies.
If you have any questions concerning this matter, please call Robert
Heath, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Robert Horton - Anson Co- NRCS
t ' -
$2S GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2830t-$043
PMONERIO-486-1541 FA%910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSU MER PAPER

Notification for Wettable Acre Determination
Animal Waste Management System
Page 2
Category 2:
'� Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Pian.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQ within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this -facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable_ Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at [phone] ext. 571.
Sincerely,
Kerr T. Stevens
cc: Fayetteville Regional Office
Anson County Soil and Water Conservation District
Facility File

State of North Carolina
Department of Environment
and Natural Resources
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
A. Dale McRae
A. Dale McRae Farm
Rt 2 Box 385
Wadesboro NC 28170
Dear A. Dale McRae:
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IT •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 1, 2000 - ' ECE E
r%
SEP 1 12000
r-'V'kTEVILLE
REG. OFFICE
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
A. Dale McRae Farm -
Facility Number 4-5
Anson County
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
Plan.
An evaluation by Bob Heath on 2/4/99 was made to review the actual number of acres at your facility that
receive animal waste during land application. The evaluation of your facility has yielded one of the following
two results as indicated by the box marked with an "X".
Category 1:
❑ The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing Bob Heath the necessary
information to potentially exempt your facility from undergoing a complete wettable. acre
determination. Please submit this information to Bob Heath, at 225 Green Street, Suite
714, Fayetteville, NC 28301, within in 90 days of the receipt of this letter. If you have any
questions please contact Bob Heath at [phone]. if within 90 days you are unable
to provide Bob Heath with the information you are automatically required to complete
a Wettable Acre Determination as described by Category 2 below, within 180 days
of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
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