090070_ENFORCEMENT_20171231

IV
Nbrth Carolina
Department of Environment and Natural Resources 4� r s
Division of Water Quality o..
Fayetteville Regional Office NCDENR
Alichael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
March 19, 2001
CERTIFIED MAIL_
RETURN RECEIPT REQUESTED
Mr.Charles D. Hilton
P.O. Box 535
Elizabethtown, NC 28337
SUBJECT! NOTICE OF DEFICIENCY
Beauregard Nursery
Facility No. 09 - 70
Bladen County.
Dear Mr. Hilton:
On March 15, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an
inspection of the Beauregard Nursery Farm in Bladen County. The inspection revealed that the farm had over applied plant
available nitrogen (PAN) on the coastal bermuda crop by approximately 9 to 26 pounds on several fields. In addition, a
copy of the Certificate of Coverage and the General Permit were not available on the farm as required.
The Division of Water Quality requests that the following items be addressed:
Review the Certified Waste Management Pian and familiarize yourself with the PAN rates and complete the
IRR -2 forms immediately after irrigating to prevent future over -application issues.
2. Locate a copy of the Certificate of Coverage and the General Permit and maintain in the farm files.
If you have any questions concealing this matter, please do not hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Sam Warren - Bladen County NRCS
John Bizic - Murphy Farms
Rav Beasley
225 GREEN STREET -SUITE 714 / SYSTEL BUILDS iG / FAYETTEVILLE, INC 28301-5043
PHONE [phone] FAX [phone] WWW.ENR Sj ATL.; L.US/HNR/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50°/9 RECYCLED/10% POSTCONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

o�0F w ATFgQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
co Un 7 r North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P -E. Director
Division of Water Quality
December 21, 2006
Mr. Leslie Johnson, Jr.
Johnson Law Firm
P.O. Box 2212
Elizabethtown, NC 28377
Subject: Notice of Violation (September 13, 2006)
Beauregard Nursery
Permit No. AWS090070
Bladen County
Dear Mr. Johnson:
In acknowledgement of your October 3rd, 2006 letter and consideration of your request of DWQ
to rescind the subject Notice of Violation, my decision is to allow the NOV to stand as issued. I
carefully considered all relevant facts surrounding this issue and can certainly understand your
and Mr. Hilton's view.
It is also my responsibility to determine what additional actions may be warranted after violations
are discovered and in this case all the itemized facts from your letter as well as information
DWQ staff provided weighed heavily on my decision not to recommend enforcement of civil
penalties. However, the NOV will remain as a record of compliance history.
I will be available to discuss this as needed if you desire and thank you for your interest in this
matter.
Sincerely
Ste e . Barnhardt
DWQ Regional Supervisor
No Carolina
Naturu!!J
North Carolina Division of Water QualitylAquifer Protection Section 225 Green SO Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Intemet h2o.enrstate.ne.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycfed110% Post Consumer Paper

William Leslie Johnson, Jr.
William Leslie Johnson, III
Samuel Weston Johnson
JOHNSON LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2212
ELIZABETHTOWN, NORTH CAROLINA 28337
[e-mail]
December 15, 2006
Mr. Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Beauregard Nursery
Bladen County
Permit No. AWS 090070
Dear Mr. Barnhardt:
IDEC S M
i-FAVE1OWE1Wp Wv-IUKU-
Telephone No.: [phone]
Toll Free No.: [phone]
Fax No.: [phone]
Please find enclosed a copy of the letter I sent you dated October 3, 2006. I have not received
anything from you in reference to the above matters.
Please let me know as soon as possible your position on the above regards.
Best Regards,
WLJjr/mt
cc: Charles Hilton

JOHNSON LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2212
ELIZABErHTOWN, NORTH CAROLINA 28887
[e-mail]
William Leslic Johnson, Jr.
William Leslie Johnson, III October 3 2006
Samuel Weston Johnson
Mr. Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Beauregard Nursery
Bladen County
Permit No. AWS090070
Dear Mr. Barnhardt:
Telephone No.: [phone]
Toll Free No.: (866) 8812232
Fax No.: [phone]
Please be advised that I am the attorney for Mr. Charles Hilton with regard to the Notice of
Violation as stated in your letter of September 13, 2006.
This letter is -a request that the Notice of Violation be rescinded on the following grounds.
1.) Mr. Charles Delone Herring Jr., of Costal Carolina Agri Systems Inc., Newton Grove, North
Carolina, held himself out as a professional and a qualified expert in the removal of sludge as to
the Beauregard Nursery owned by Mr. Hilton et al in White Oak, North Carolina.
2.)A legal and binding verbal contract was made between my client and Mr. Herring with regard
to completing the work required and necessary, and Mr. Herring was to do a complete "turn key
job".
3.) That the agreement and the contract was entered in to in good faith by my clients.
4.) That my clients paid Mr. Herring every penny that he requested as per his invoices.
5.) That my clients met with Mr. Herring on the regular basis, and he informed them that he was
doing all the work and following all the necessary requirements and had obtained all the permits.
6.) At no time were my clients knowledgeable or have any information that Mr. Herring was not
doing the job as Iegally required.

7.) There was no intentional misrepresentation or misinformation with regard to any matters in
communicating with your office.
8.) That this agreement and contract dealt with a situation where the lagoon was leaking and it
was not a normal sludge removal or a normal lagoon situation. That this was an emergency
situation at the time the work was done.
9.) My clients communicated openly and honestly with your office on every issue and question
that was asked. That my clients, pursuant to my letter of September 25, 2006 made certain
demands on Mr. Herring by said letter which were not fulfilled.
That my clients respectfully request for the reasons stated above that the Notice of Violation
dated September 13, 2006, hereby by rescinded, injustice and equity. at law.
Mr. Ricky Revels and Mr. Steve Guyton indicated they have no objection to the contents of this
letter and concur as to the request.
Respectfull S ted,
W. eslie on Jr.
WLJjr/mt
cc:
Craig Westerbeek
Murphy -Brown Warsaw Division
P.O. Box 856
Warsaw, NC 28398
Steve Guyton
NC Dept. of Environment &. NaturaI Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301
Charles Hilton
P.O. Box 535
Elizabethtown, NC 28337
Ricky Revels
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301

JOHNSON LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2212
ELIZABETH TOWN, NORTH CAROLINA 28337
William Leslie Johnson, Jr.
William Leslie Johnson, III
Samuel Weston Johnson
Via Certified Mail and U.S. Mail
Mr. Charles Deleon Herring, Jr.
Coastal Carolina AgriSystems, Inc.
P.O. Box 7
Newton Grove, NC 28366
Dear Mr. Herring:
[e-mail]
September 25, 2006
Telephone No.: (910) 862`2252
Toil Free No.: [phone]
Fax No.: [phone]
RECEIVED
Sp272=
FAYMEVI UfMONAl.URCE
On September 13, 2006, Charles Hilton received a Notice of Violation, Administrative
Code 15A NCAC 2H.0217, from DWQ on Beauregard Nursery Facility 409-70, Bladen Co.
Permit #AWS090070. The Notice of Violation was for the violation -Failure to obtain a
CAWMP at time of removal of sludge and to manage in accordance with the CAWMP as
prohibited by facility permit which you were contracted to perform. I have enclosed a copy of
the Notice of Violation for your review. As you can see from the Notice of Violation, you could
not produce a CAWMP for DWQ on May 3, 2006. When one was produced, it was dated May 4,
2006. DWQ requested spray records and they were unable to get you to respond to their request
to review records on sludge removal. You also did not leave appropriate records with Ray
Beasley, the operator of the farm.
Mr. Steve Guyton from DWQ and Charles D. Hilton have both left numerous messages
with your various answering devices with no response from you. Mr. Guyton has stated that the
main problem is the inconsistency with the records you gave him versus the gallons of sludge
shown on the bill to Charles Hilton DBA Confederate Farms. Mr. Guyton has stated that the
problem could be as simple as a missed tract in your records or the gallons being recorded on the
wrong tract. However, you will not call or meet with him to try to find and correct the problem;
but this inconsistency must be addressed.
It is inconceivable to me that you would not and will not respond to the request from
DWQ and your client when these problems could possibly have been avoided completely with
one meeting and you producing the required records!! I must assume that you do not care or do
not have the appropriate records. This problem will not go away, Mr. Herring, so we have
decided to approach it in the following manner. We have set up a meeting with Steve Guyton,
DWQ, Stephen Barhardt, DWQ, Ray Beasley, OIC, Charles Hilton and me for 10:00 AM,
Thursday, September 28, 2006 at my office located at 302 West Broad Street, Elizabethtown, NC
28337.

Page 2
Herring, Charles
September 25, 2006
We request that you attend this meeting and bring with you (i)a signed copy of the CAWMP,(2)
any records that will explain the difference between what was reported on May 5, 2006 and your
final SLURR 2 Forms, and (3) any records that explain the difference between the gallons of
sludge that you reported on SLURR 2 forms and what you charged for.
Mr. Herring, you could have met with DWC and eliminated the time, trouble, expense ($25,000
per day) and a Notice of Violation to the farm if you had completed your job as contracted and
met with Steve Guyton, DWQ prior to now. I sincerely hope that you will see the need and
urgency in attending this meeting with the requested information. I have attached a copy of the
Notice of Violation from the DWQ for your review.
WLJzjr/at
cc:
Ray Beasley, OIC
38 Turkey Oak Farm Rd.
White Oak, NC 28339
Mr. Craig Westerbeek
Murphy -Brown Warsaw Division
P O Box 856
Warsaw, NC 28398
Judson Owen Herring
700 Main Street
Newton Grove, NC 28366
(Via Certified Mail and U.S. Mail)

Steve Guyton
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301
(Via Certified Mail and U.S. Mail)
Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
(Via Certified Mail and U.S. Mail)
Charles Hilton
P O Box 535
Elizabethtown, NC 28337
Also copied to.
Charles Herring
Coastal Carolina AgriSystems, Inc.
108 South Church St.
Newton Grove, NC 28366
Charles Herring
Coastal Carolina AgriSystems, Inc.
700 Main St.
Newton Grove, NC 28366

William Leslie Johnson, Jr.
William Leslie Johnson, III
Samuel Weston Johnson
JOHNSON LAW FERM
ATTORNEYS AND COUNSELORS AT LAW
802 W. BROAD STREET
POST OFFICE BOX 2212
ELIZABETHTOWN, NORTH CAROLINA 28377
gemnail@Johnsoula"crs.net
September 25, 2006
Via Certified Mail and U.S. Mail
Mr. Charles Deleon Herring, Jr.
Coastal Carolina AgriSystems, Inc.
P.O. Box 7
Newton Grove, NC 28366
Dear Mr. Herring:
Telephone No.: [phone]
Toll Free No.: [phone]
RECEIVED
SEP 2 T 2006
On September 13, 2006, Charles Hilton received a Notice of Violation, Administrative
Code 15A NCAC 2H.0217, from DWQ on Beauregard Nursery Facility 409-70, Bladen Co.
Permit ##AWS090070. The Notice of Violation was for the violation -Failure to obtain a
CAWMP at time of removal of sludge and to manage in accordance with the CAWMP as
prohibited by facility permit which you were contracted to perform. I have enclosed a copy of
the Notice of Violation for your review. As you can see from the Notice of Violation, you could
not produce a CAWMP for DWQ on May 3, 2006. When one was produced, it was dated May 4,
2006. DWQ requested spray records and they were unable to get you to respond to their request
to review records on sludge removal. You also did not leave appropriate records with Ray
Beasley, the operator of the farm.
Mr. Steve Guyton from DWQ and Charles D. Hilton have both left numerous messages
with your various answering devices with no response from you. Mr. Guyton has stated that the
main problem is the inconsistency with the records you gave him versus the gallons of sludge
shown on the bill to Charles Hilton DBA Confederate Farms. Mr. Guyton has stated that the
problem could be as simple as a missed tract in your records or the gallons being recorded on the
wrong tract. However, you will not call or meet with him to try to find and correct the problem;
but this inconsistency must be addressed.
It is inconceivable to me that you would not and will not respond to the request from
DWQ and your client when these problems could possibly have been avoided completely with
one meeting and you producing the required records!! I must assume that you do not care or do
not have the appropriate records. This problem will not go away, Mr. Herring, so we have
decided to approach it in the following manner. We have set up a meeting with Steve Guyton,
DWQ, Stephen Barhardt, DWQ, Ray Beasley, OIC, Charles Hilton and me for 10:00 AM,
Thursday, September 28, 2006 at my office located at 302 West Broad Street, Elizabethtown, NC
28337.

Page 2
Herring, Charles
September 25, 2006
We request that you attend this meeting and bring with you (1)a signed copy of the CAWMP,(2)
any records that will explain the difference between what was reported on May'5, 2006 and your
final SLURR 2 Forms, and (3) any records that -explain the difference between the gallons of
sludge that you reported on SLURR 2 forms and what you charged for.
Mr. Herring, you could have met with DWC and eliminated the time, trouble, expense ($25,000
per day) and a Notice of Violation to the farm if you had completed your job as contracted and
met with Steve Guyton, DWQ prior to now. I sincerely hope that you will see the need and
urgency in attending this meeting with the requested information. I have attached a copy of the
Notice of Violation from the DWQ for your review.
ly,
WLJ,jr/at
cc:
Ray Beasley, OIC
38 Turkey Oak Farm Rd.
White Oak, NC 28339
Mr. Craig Westerbeek
Murphy -Brown Warsaw Division
P O Box 856
Warsaw, NC 28398
Judson Owen Herring
700 Main Street
Newton Grove, NC 28366
(Via Certified Mail and U.S. Mail)

Steve Guyton
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301
(Via Certified Mail and U.S. Mail)
Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
(Via Certified Mail and U.S. Mail)
Charles Hilton
P O Box 535
Elizabethtown, NC 28337
Also copied to:
Charles Herring
Coastal Carolina AgriSystems, Inc.
108 South Church St.
Newton Grove, NC 28366
Charles Herring
Coastal Carolina AgriSystems, Inc.
700 Main St.
Newton Grove, NC 28366

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
em4,116m V. caalvy, VVvC,Igf d
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 13, 2006
Mr. Charles Hilton
P.O. Box 535
Elizabethtown NC 28337-0535
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Beauregard Nursery
Facility No. 09-70
Bladen County
Permit No. AWS090070
Dear Mr. Hilton:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2H .0297, you have been found to be in violation of your 2H .0217 Permit.
Violation 1: Failure to obtain a CAWMP at the time of removal of sludge and to manage in accordance
with the CAWMP as prohibited by your facility's permit (Permit No. AWS090070 Section li
12)
On May 3r4 2006 a farm visit to observe repair of Beauregard lagoon, sludge was being removed. Mr. Charles
Herring who you contracted with to remove the sludge could not show DWQ a CAWMP. On May 51' 2006 Mr.
Herring produced a copy of the CAWMP for DWQ that was dated May 0 2006. Mr. Herring upon request from
DWQ provided spray records up to this date. DWQ was unable to contact Mr. Herring to review records after sludge
removal. On July 31st 2006 a routine inspection was conducted, this reviled that Mr. Herring did not leave you the
appropriate records. The information was inconsistent with information received on May 5t° 2006. After meeting
with you on August 3rd 2006, Mr. Herring made contact with DWQ'and was asked to respond to the inconsistent
information. He has not responded.
Far
,�+" Division of Water Quality/Aquifer Protection Section
NCDENR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
Internet httpa/gw.ehnr.state.nc.us
Customer Service: [phone]

Ar
Mr. Hilton
September 11, 2006
Page 2
The Division of Water Quality requests that you please submit the following items on or before October 11'' 2006
unless another time frame is indicated below:
I. A signed copy of the CAWMP.
2. Any records that will explain the differences between what Mr. Herring reported on May 51h 2006 and what
he reported in his final SLURR 2 forms.
3. Any records that will explain the difference between the gallons of sludge that Mr. Herring reported on his
SLRR 2 forms and what he charged you for.
4. Please have the OIC for this farm include an explanation as to how this violation occurred.
5. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in
the future.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Steve Guyton
Environmental Specialist or myself at [phone].
Sincerely,
4-A
Steph . Barnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: APS Central Files
DS&W FRO
Murphy Farms
Bladen Co. SWCD

JOHNSON LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2212
ELIZABETHTOWN, NORTH CAROLINA 28337
William Leslie Johnson, Jr. genmaili iohnsonlawyers.net
William Leslie Johnson, III
Samuel Weston Johnson October 3, 2006
Mr, Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Beauregard Nursery
Bladen County
Permit No. AWS090070
Dear Mr. Barnhardt :
gclg ED
OCT 06no
� - Fi41�i7�11E �Oh1AL OFA��
Telephone No.. [phone]
Toll Free No.: [phone]
Fax No.. [phone]
Please be advised that I am the attorney for Mr. Charles Hilton with regard to the Notice of
Violation as stated in your letter of September 13, 2006.
This letter is a request that the Notice of Violation be rescinded on the following grounds.
1.) Mr. Charles Delone Herring Jr., of Costal Carolina Agri Systems Inc., Newton Grove, North
Carolina, held himself out as.a professional and a qualified expert in the removal of sludge as to
the Beauregard Nursery owned by Mr. Hilton et at in White Oak, North Carolina.
2.)A legal and binding verbal contract was made between my client and Mr. Herring with regard
to completing the work required and necessary, and Mr. Herring was to do a complete "tum key
job".
3.) That the agreement and the contract was entered in to in good faith by my clients.
4.) That my clients paid Mr. Herring every penny that he requested as per his invoices.
5.) That my clients met with Mr. Herring on the regular basis, and he informed them that he was
doing all the work and following all the necessary requirements and had obtained all the permits.
6.) At no time were my clients knowledgeable or have any information that Mr. Herring was not
doing the job as legally required.

7.) There was no intentional misrepresentation or misinformation with regard to any matters in
communicating with your office.
8.) That this agreement and contract dealt with a situation where the lagoon was leaking and it
was not a normal sludge removal or a normal lagoon situation. That this was an emergency
situation at the time the work was done.
9.) My clients communicated openly and honestly with your office on every issue and question
that was asked. That my clients, pursuant to my letter of September 25, 2006 made certain
demands on Mr. Herring by said letter which were not fulfilled.
That my clients respectfully request for the reasons stated above that the Notice of Violation
dated September 13, 2006, hereby by rescinded, injustice and equity at law.
Mr. Ricky Revels and Mr. Steve Guyton indicated they have no objection to the contents of this
letter and concur as to the request.
ResWeslie
W.
WLJjr/mt
cc:
Craig Westerbeek
Murphy -Brown Warsaw Division
P.O. Box 856
Warsaw, NC 28398
Steve Guyton
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301
Charles Hilton
P.O. Box 535
Elizabethtown, NC 28337
Ricky Revels
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301

JOHNSON LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2212
ELIZABETHTOWN, NORTH CAROLINA 28337
[e-mail]
William Leslie Johnson, jr.
William Leslie Johnson, III October 3 2006
Samuel Weston Johnson ,
Mr. Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Beauregard Nursery
Bladen County
Permit No. AWS090070
Dear Mr. Barnhardt :
RECEI EV D
OCT 06 =
am-FAYETiF of RI oft ORiCE
Telephone No.. [phone]
Toll Free No.: [phone]
Fax No.: [phone]
Please be advised that I am the attorney for Mr. Charles Hilton with regard to the Notice of
Violation as stated in your letter of September 13, 2006.
This letter is a request that the Notice of Violation be rescinded on the following grounds.
1.) Mr. Charles Delone Herring Jr., of Costal Carolina Agri Systems Inc., Newton Grove, North
Carolina, held himself out as.a professional and a qualified expert in the removal of sludge as to
the Beauregard Nursery owned by Mr. Hilton et al in White Oak, North Carolina.
2.)A legal and binding verbal contract was made between my client and Mr. Herring with regard
to completing the work required and necessary, and Mr. Herring was to do a complete "turn key
Job
3.) That the agreement and the contract was entered in to in good faith by my clients.
4.) That my clients paid Mr. Herring every penny that he requested as per his invoices.
5.) That my clients met with Mr. Herring on the regular basis, and he informed them that he was
doing all the work and following all the necessary requirements and had obtained all the permits.
6.) At no time were my clients knowledgeable or have any information that Mr. Herring was not
doing the job as legally required.

7.) There was no intentional misrepresentation or misinformation with regard to any matters in
communicating with your office.
8.) That this agreement and contract dealt with a situation where the lagoon was leaking and it
was not a normal sludge removal or a normal lagoon situation. That this was an emergency
situation at the time the work was done.
9.) My clients communicated openly and honestly with your office on every issue and question
that was asked. That my clients, pursuant to my letter of September 25, 2006 made certain
demands on Mr. Herring by said letter which were not fulfilled.
That my clients respectfully request for the reasons stated above that the Notice of Violation
dated September 13, 2006, hereby by rescinded, in justice and equity at law.
Mr. Ricky Revels and Mr. Steve Guyton indicated they have no objection to the contents of this
letter and concur as to the request.
ResWeslie
S ed,
W. on Jr.
WLJjr/mt
cc:
Craig Westerbeek
Murphy -Brown Warsaw Division
P.O. Box 856
Warsaw, NC 28398
Steve Guyton
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301
Charles Hilton
F.O. Box 535
Elizabethtown, NC 28337
Ricky Revels
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301

JOHNSON LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2212
ELJZABE HTOWN, NORTH CAROLINA 28337
William Leslie Johnson, Jr. [e-mail]
William Leslie Johnson, III
Samuel Weston Johnson October 3, 2006
Mr. Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Re: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Beauregard Nursery
Bladen County
Permit No. AWS090070
Dear Mr. Barnhardt :
RECEIVED
OCT 0 6 2W6
W-fAYEPI UEAEMOMLOMCE
Telephone No.: [phone]
Toll Free No.: [phone]
Fax No.: [phone]
Please be advised that I am the attorney for Mr. Charles Hilton with regard to the Notice of
Violaiion as stated in .your letter of September 13, 2006.
This letter is a request that the Notice of Violation be rescinded on the following grounds.
1.) Mr. Charles Delone Herring Jr., of Costal Carolina Agri Systems Inc., Newton Grove, North
Carolina, held himself out as a professional and a qualified expert in the removal of sludge as to
the Beauregard Nursery owned by Mr. Hilton et at in White Oak, North Carolina.
2.)A legal and binding verbal contract was made between my client and Mr. Herring with regard
to completing the work required and necessary, and Mr. Herring was to do a complete "turn key
job".
3.) That the agreement and the contract was entered in to in good faith by my clients.
4.) That my clients paid Mr. Herring every penny that he requested as per his invoices.
5.) That my clients met with Mr. Herring on the regular basis, and he informed them that he was
doing all the work and following all the necessary requirements and had obtained all the permits.
6.) At no time were my clients knowledgeable- or have any information that Mr. Herring was not
doing the job as legally required.

7.) There was no intentional misrepresentation or misinformation with regard to any matters in
communicating with your office.
8.) That this agreement and contract dealt with a situation where the lagoon was leaking and it
was not a normal sludge removal or a normal lagoon situation. That this was an emergency
situation at the time the work was done.
9.) My clients communicated openly and honestly with your office on every issue and question
that was asked. That my clients, pursuant to my letter of September 25, 2006 made certain
demands on Mr. Herring by said letter which were not fulfilled.
That my clients respectfully request for the reasons stated above that the Notice of Violation
dated September 13, 2006, hereby by rescinded, injustice and equity at law.
Mr. Ricky Revels and Mr. Steve Guyton indicated they have no objection to the contents of this
letter and concur as to the request.
WLJjrlmt
cc:
Craig Westerbeek
Murphy -Brown Warsaw Division
P.O. Box 856
Warsaw, NC 28398
Steve Guyton
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301
Charles Hilton
P.O. Box 535
Elizabethtown, NC 28337
Ricky Revels
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301

William Leslie Johnson, Jr.
William Leslie Johnson, III
Samuel Weston Johnson
JOHNSON LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2212
ELIZABMITOWN, NORTH CAROLINA 28337
[e-mail]
September 25, 2006
Via Certified Mail and U.S. Mail
Mr. Charles Deleon Herring, Jr.
Coastal Carolina AgriSystems, Inc.
P.O. Box 7
Newton Grove, NC 28366
Dear Mr. Herring:
RECEIVED
SEP 2 l 2006
DW-FAYE 4iE1flURE OW10ffa
Telephone No.: [phone]
Toll Free No.: [phone]
Fax No.: [phone]
On September 13, 2006, Charles Hilton received a Notice of Violation, Administrative
Code 15A NCAC 2H .0217, from DWQ on Beauregard Nursery Facility 409-70, Bladen Co.
Permit #AWS090070. The Notice of Violation was for the violation -Failure to obtain a
CAWMP at time of removal of sludge and to manage in accordance with the CAWMP as
prohibited by facility permit which you were contracted to perform. I have enclosed a copy of
the Notice of Violation for your review. As you can see from the Notice of Violation, you could
not produce a CAWMP for DWQ on May 3, 2006. When one was produced, it was dated May 4,
2006. DWQ requested spray records and they were unable to get you to respond to their request
to review records on sludge removal. You also did not leave appropriate records with Ray
Beasley, the operator of the farm.
Mr. Steve Guyton from DWQ and Charles D. Hilton have both left numerous messages
with your various answering devices with no response from you. Mr. Guyton has stated that the
main problem is the inconsistency with the records you gave him versus the gallons of sludge
shown on the bill to Charles Hilton DBA Confederate Farms. Mr. Guyton has stated that the
problem could be as simple as a missed tract in your records or the gallons being recorded on the
wrong tract. However, you will not call or meet with him to try to find and correct the problem;
but this inconsistency must be addressed.
It is inconceivable to me that you would not and will not respond to the request from
DWQ and your client when these problems could possibly have been avoided completely with
one meeting and you producing the required records!! I must assume that you do not care or do
not have the appropriate records. This problem will not go away, Mr. Herring, so we have
decided to approach it in the following manner. We have set up a meeting with Steve Guyton,
DWQ, Stephen Barhardt, DWQ, Ray Beasley, OIC, Charles Hilton and me for 10:00 AM,
Thursday, September 28, 2006 at my office located at 302 West Broad Street, Elizabethtown, NC
28337.

Page 2
Herring, Charles
September 25, 2006
We request that you attend this meeting and bring with you (I)a signed copy of the CAWMP,(2)
any records that will explain the difference between what was reported on May 5, 2006 and your
final SLTJRR 2 Forms, and (3) any records that explain the difference between the gallons of
sludge that you reported on SLURR 2 forms and what you charged for.
Mr. Herring, you could have met with DWC and eliminated the time, trouble, expense ($25,000
per day) and a Notice of Violation to the farm if you had completed your job as contracted and
met with Steve Guyton, DWQ prior to now. I sincerely hope that you will see the need and
urgency in attending this meeting with the requested information. I have attached a copy of the
Notice of Violation from the DWQ for your review.
WLJdr/at
cc:
Ray Beasley, OIC
38 Turkey Oak Farm Rd.
White Oak, NC 28339
Mr. Craig Westerbeek
Murphy -Brown Warsaw Division
P O Box 856
Warsaw, NC 28398
Judson Owen Herring
700 Main Street
Newton Grove, NC 28366
(Via Certified Mail and U.S. Mail)

Steve Guyton
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301
(Via Certified Mail and U.S. Mail)
Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
(Via Certified Mail and U.S. Mail)
Charles Hilton
P O Box 535
Elizabethtown, NC 28337
Also copied to:
Charles Herring
Coastal Carolina AgriSystems, Inc.
I08 South Church St.
Newton Grove, NC 28366
Charles Herring
Coastal Carolina AgriSystems, Inc.
700 Main St.
Newton Grove, NC 28366

JOHNSON LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2£12
FIT YABL=OWN, NORTH CAROLINA 28337
William Leslie Johnson, Jr.
William Leslie Johnson, III
Samuel Weston Johnson
Via Certified Mail and U.S. Mail
Mr. Charles Deleon Herring, Jr.
Coastal Carolina AgriSystems, Inc.
P.O. Box 7
Newton Grove, NC 28366
Dear Mr. Herring:
[e-mail]
September 25, 2006
RECEIVED
SEP Z 7 M
ON - FA1rE11E LU KQ01ft OWE
Telephone No.: [phone]
Tall Free No.: [phone]
Fax No.: [phone]
On September 13, 2006, Charles Hilton received a Notice of Violation, Administrative
Code 15A NCAC 2H.0217, from DWQ on Beauregard Nursery Facility 409-70, Bladen Co.
Permit #AWS090070. The Notice of Violation was for the violation -Failure to obtain a
CAWMP at time of removal of sludge and to manage in accordance with the CAWMP as
prohibited by facility permit which you were contracted to perform. I have enclosed a copy of
the Notice of Violation for your review. As you can see from the Notice of Violation, you could
not produce a CAWMP for DWQ on May 3, 2006. When one was produced, it was dated May 4,
2006. DWQ requested spray records and they were unable to get you to respond to their request
to review records on sludge removal. You also did not leave appropriate records with Ray
Beasley, the operator of the farm.
Mr. Steve Guyton from DWQ and Charles D. Hilton have both left numerous messages
with your various answering devices with no response from you. Mr. Guyton has stated that the
main problem is the inconsistency with the records you gave him versus the gallons of sludge
shown on the bill to Charles Hilton DBA Confederate Farms. Mr. Guyton has stated that the
problem could be as simple as a missed tract in your records or the gallons being recorded on the
wrong tract. However, you will not call or meet with him to try to find and correct the problem;
but this inconsistency must be addressed.
It is inconceivable to me that you would not and will not respond to the request from
DWQ and your client when these problems could possibly have been avoided completely with
one meeting and you producing the required records!! I must assume that you do not care or do
not have the appropriate records. This problem will not go away, Mr. Herring, so we have
decided to approach it in the following manner. We have set up a meeting with Steve Guyton,
DWQ, Stephen Barhardt, DWQ, Ray Beasley, OIC, Charles Hilton and me for 10:00 AM,
Thursday, September 28, 2006 at my office located at 302 West Broad Street, Elizabethtown, NC
28337.

Page 2
Herring, Charles
September 25, 2006
We request that you attend this meeting and bring with you (1)a signed copy of the CAWMP,(2)
any records that will explain the difference between what was reported on May 5. 2006 and your
final SLURR 2 Forms, and (3) any records that explain the difference between the gallons of
sludge that you reported on SLURR 2 forms and what you charged for.
Mr. Herring, you could have met with DWC and eliminated the time, trouble, expense ($25,000
per day) and a Notice of Violation to the farm if you had completed your job as contracted and
met with Steve Guyton, DWQ prior to now. I sincerely hope that you will see the need and
urgency in attending this meeting with the requested information. I have attached a copy of the
Notice of Violation from the DWQ for your review.
Y,
WLJ,jr/at
cc.
Ray Beasley, OIC
38 Turkey Oak Farm Rd.
White Oak, NC 28339
Mr. Craig Westerbeek
Murphy -Brown Warsaw Division
P O Box 856
Warsaw, NC 28398
Judson Owen Herring
700 Main Street
Newton Grove, NC 28366
(Via Certified Mail and U.S. Mail)

Steve Guyton
NC Dept. of Environment & Natural Resources
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301
(Via Certified Mail and U.S. Marl)
Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
DWQ
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
(Via Certified Mail and U.S. Mail)
Charles Hilton
P O Box 535
Elizabethtown, NC 28337
Also copied to:
Charles Herring
Coastal Carolina AgriSystems, Inc.
108 South Church St.
Newton Grove, NC 28366
Charles Herring
Coastal Carolina AgriSystems, Inc.
700 Main St.
Newton Grove, NC 28366

oFwHrF
1 ;V4_Sr-e
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Charles Hilton
P.O. Box 535
Elizabethtown NC 28337-0535
Subject: NOTICE OF VIOLATION
Dear Mr. Hilton
MIGIlaei r, casley, vovemo-
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 11, 2006
Administrative Code 15A NCAC 2H.0217
Beauregard Nursery
Facility No. 09-70
Bladen County
Permit No. AWS090070
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal
system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit.
Violation 1: Failure to obtain a CAWMP at the time of removal of sludge and to manage in accordance with the
CAWMP as prohibited by your facility's permit (Permit No. AWS090070 Section II 12)
On May 3rd 2006 a farm visit to observe repair of Beauregard lagoon, sludge was being removed. Mr. Charles Herring
who you contracted with to remove the sludge could not show DWQ a CAWMP. On May 5th 2006 Mr. Herring produced a
copy of the CAWMP for DWQ that was dated May 4th 2006. Mr. Herring upon request from DWQ provided spray records
up to this date. DWQ was unable to contact Mr. Herring to review records after sludge removal. On July 31St 2006 a
routine inspection was conducted, this reviled that Mr. Herring did not leave you the appropriate records. The information
was inconsistent with information received on May 5th 2006. After meeting with you on August 3rd 2006, Mr. Herring made
contact with DWQ and was asked to respond to the inconsistent information. He has not responded.
Division of Water Quality/Aquifer Protection Section
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
Internet: hft :11 w.ehnr.state.nc.us
Customer Service: [phone]