090019_ENFORCEMENT_20171231

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Attn: Robert Colvin
R.E. Colvin Farms
Rt 2, Box 136
Tar Hill NC 28393
Dear Robert Colvin:
{
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANC) NATURAL RESOURCES
June 25, 1998
RECEN-L'y
iUli 2 6 1998
FAYETTEVILLE
REG. OFFICE
Retraction of Civil Penalty
R.E. Colvin Farms
Facility #: 9-19
Bladen County
OV 97-4
On October 31, 1997, the Director of the Division of Water Quality assessed a $500.00 civil
penalty against the owner of the subject facility for failing to designate an operator in charge of the animal
waste management system. After a further review of the situation and given the current status of this farm it
is my decision to retract the civil penalty assesced in case number OV 97-4 and close our file on this matter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply all applicable rules and regulations at the subject farm. If you
decide in the future to increase the number of animals at this farm above the threshold numbers established by
15A NCAC 2H.0217, you must first comply with all requirements including designating an operator in
charge for the facility.
Thank you for your assistance in this matter. If you have any questions, please call
Shannon Langley at 733-5083, ext. 581.
Sincerely,
A. Preston Howard, r.,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
..seal-C1'�ce
Case file # OV 974
Central Files
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

State of North Carolina
Department of Environment,
- Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne_McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Robert Colvin
R.E. Colvin Farms
Rt 2, Box 136
Tar Hill NC 28393
Ova
�Ea-1NFi
RECEIVE®
NM 12 1991
FAYETTEViLLE
REG. OFFICE
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 817.0201
R.E. Colvin Farms
Facility #: 09-019
Bladen County
Case #: OV 97-004
Dear Robert Colvin:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Robert Colvin in the amount of $500.00. This assessment is based upon the following facts:
Robert Colvin operates an animal operation and associated animal waste management
system in Bladen County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201
a certified operator in responsible charge is required to operate the subject animal waste
zz
management system.
In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having
an animal waste management system must submit a letter to the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

Robert Colvin failed to designate an appropriately certified wastewater treatment operator
in responsible charge of the subject animal waste management system, in accordance with
15A NCAC 8F.0201 (a).
Based upon the above facts, I conclude as a matter of law that Robert Colvin violated or
failed to act in accordance with the requirements of N.C.G. S. 90 A-47.2 and 15A NCAC 8F
.0201. A civil penalty of not more than $1,000 per day maybe assessed against a person who is
required but fails to designate an appropriately certified wastewater treatment operator as
required by N. C.G. S. 90 A-47.5 and 15A NCAC 8F.0500.
Based upon the above facts and conclusions of law, I hereby assess Robert Colvin a
$500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201 pursuant
to the authority delegated to me by N_C.G.S. 90 A-47.2 and 15A NCAC 8F.0201.
Please find attached another. Operator in Charge designation form. Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information about designating a certified operator.
Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose
enforcement action for any continuing or new violation(s). Please submit payment
to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
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 and stipulation 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 W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
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
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

_ Failure to exercise one of the options above within 1hiM 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. Shannon Langley at [phone],
extension 551.
Sincerely,
A Preston Howard, Jr.,
ATTACHMENTS
cc: 1&gionalSupervisor w/,:attachme'nts�
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA.
COUNTY OF
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST }
PERMIT NO. }
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADI'VIIi\i ISTRAT VE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division 'of Water Quality
dated, , 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_
This the day of '19
TELEPHONE

ANIMAL 'WASTE MANAGEMENT SYSTEM
PERATQR TN CHARGE
E. T TNATT N FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility 1D Number: County:
OPERATOR IN CHARGE
Home Mailing Address.
CR7 S tate Zip
Certificate - _ Social Security
Work Phone Home Phone
Signature Date
OWi`iER
Mailing- Address. City
State Zip Telephone=
Signature Date
*********4i*************************************-Jk***** *******
Please Mail to: WPCSOCC
Division of Water Quality
P. O. Box 2933
Raleigh, N.C. 27626-0535

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
Robert Colvin
R.E. Colvin Farms
Rt 2, Box 136
Tar Hill NC 28393
Dear Mr. Colvin:
E)F-=HNF;Z
April 3, 1997 "RECEg" E_
APR 0 7 1997
FAYifTTE11F L1.C-
R EG. 0r-F.:C'L-z
SUBJECT: Notice of Violation
Designation of Operator in Charge
R.E., Colvin Farms
Facility Number 09--19
Bladen County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
c J. IA.-
for
A_for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, ��y� FAX [phone]
Raleigh, North Carolina 27626-0535 �� An Equal Opportunity/Affirmcative Action Employer
Telephone [phone]% recycles/10% post -consumer paper

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ter�wn1,t 1 D To �
Bladen Soil and Water Conservation District 1-31-5 _,5.0v
122 Agriculture Services Center - Elizabethtown, North Carolina 283375 Z�
[phone] - FAX [phone]•-r
January 18, 1994
Joe Glass, P.E.
NCDHENR- Division of Environmental Management
Wachovia Building
Suite 704
Fayetteville, NC 28301
RE: Robert Colvin
Rt. 2, Box 136
Tar Heel, NC 28392
Located on Chicken Foot Rd.
USGS tat. 340, 43', 15" N
Long. 780, 49', 30" W
Dear Mr. Glass,
This is to advise of a possible water quality violation due to improper storage and
handling of swine waste.
We have been providing assistance and encouragement to Mr. Colvin to repair his
facility since January 1993. All wetlands permits were obtained and NC State
Agricultural Cost Share Program funds were obligated for planned improvements by
June 1993.
To date, only site clearing for the new lagoon has been accomplished. The state funds
for repair will expire on June 30th of this year and we are more concerned than ever
that the water quality problem may continue without "encouragement" from DEM.
We understand that Mr. Colvin has endured many personal hardships and has had good
intentions to repair the problem, but this has yet to take place.
Please contact our District Conservationist, Samuel G. Warren at 910-862-6939 if you
have questions.
Sincerely,
Dale Norris
CE��
Chairman12
ILao
�4
JAN 23 1995
ENV. MANAGEMENT
,FAYETTI V1L! 4 REQ`. DFF4G1~
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT

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817 Castle Hayne Street Fayetteville, NC 28303 Phone (9 10) B64-1920
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