430008_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
LAU!G 2 7 2001
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Dvvo
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Ronnie Hamilton
473 Hog Heaven Lane
Dunn, NC 28334
Dear Mr. Hamilton:
NCDENR
NORTH C.AoF
ENv7RONMENT ANP NAruRAL RESOURCES
August 22, 2001
CERTIF ED MAIL
RETURN RECEIPT REQUESTED
RE: Payment Schedule for Civil Penalty
Case DD 99-011
Farm #43-8
Harnett County
You have requested a schedule for making partial payments toward the S4,454.50 civil
penalty that was assessed by the Director of the Division of Water Quality on March 28, 2000. The
Department is agreeable to a two-year quarterly payment schedule beginning on October 1, 2001 and
continuing to July 1, 2003. There are seven (7) payments of five hundred fifty-six dollars and eighty-
one cents (S556.81) beginning on October 1, 2001 and one final payment of five hundred fifty-six
dollars and eighty-three cents ($556.83).
Please sign the attached payment schedule and send it back with your first payment. Make
a copy of the payment schedule for your records. Please make the payments bycheck payable to the
Department of Environment and Natural Resources and mail them so they are received by the Ist
of each month.
Failure to make the monthly payments in accordance with this schedule will cause the
entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in the superior court.
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunit'v /Affirmative Action Employer
50% reci•cled / 10% post -consumer paper
hnp_//h2o.enr state.nc.Lis
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please call Mr_ Steve Lewis at [phone], ext. 539 or Mr.
Jeff Poupart at [phone], ext. 527.
Sincerely,
.4 9::�"
Gregory J. Thorpe, Ph.D.
cc_ Paul Rawls, Fayetteville Regional Supervisor w/o attachment
W_ ohn Hasty? FRO w/o attachment
File DD 99-011 w/ attachment
Central Files w/o attachment

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R Michael F. Easley
Governor
UJ !� " (► William G. Ross Jr., Secretary
rl ` LJ Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 15, 2002 RECEIVED
JUL 2 3 2002 1
MR RONNIE HAMILTON AUG 2 7 2002
HAMILTON BROTHERS FARM DWQ-WAR
473 HOG HEAVEN LANE
DUNN NC 28335 ` -, , +te r
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DD 99-011
Farm # 43-8
Harnett County
Dear Mr. Hamilton:
This letter is to acknowledge receipt of your check No. 2415 in the amount of
$556.81 received on .tune 27, 2002.
Payment of these penalties in no way precludes further action by this Division for
future violations of the State's environmental laws.
539.
If you have any questions please call Steve Lewis at [phone], extension
Sincerely,
14 Steve Lewis.
Non -Discharge Compliance/Enforcement
SL:sw
CC: Washington Regional Office
Enforcement File: DD 99-011
Central Files
BOA
NCDENR
Customer Service: Mailing Address Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax (919) 733-DO59 512 N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o. enr.state.nc. us

Michael F. Easley
Governor
r1 i William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 25, 2002
MR RONNIE HAMILTON
HAMILTON BROTHERS FARM
473 HOG HEAVEN LANE
DUNN NC 28335
RECEIVED
SEP272002
DWQ-WARD
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Viola on
Case # DV 99-011
Farm # 43-8
Harnett County
Dear Mr. Hamilton:
This letter is to acknowledge receipt of your check No. 2484 in the amount
of $556.81 received on September 25, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
Wr 4 2002
If you have any questions please call Steve Lewis at [phone]
extension 539.
Sincerely, t
t
- e-8teve Lewis
Non -Discharge CompIiance/Enforcement
SL:sw
CC: Washington Regional Office
Enforcement File: DV 99-011
Central Files
NCDENR
Customer Service: Mailing Address_ Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North'Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
ht1p://h2o. enr. state_ nc. us

F warp
2
January 13, 2003
MR RONNIE HAMILTON
HAMILTON BROTHERS FARM
473 HOG HEAVEN LANE
DUNN NC 28335
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
JAN 16 2003
SUBJECT: Acknowledgement receipt letter
Civil .Assessment of Violation
e#D
`Farm # 43-8
-Harnett Count
Dear Mr. Hamilton:
This letter is to acknowledge receipt of your check No. 2561 in the amount
of $556.81 received on December 16, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone]
extension 539.
Sin erely,
Steve Lewis
Non -Discharge Compliance/Enforcement
SL:sw
CC -, Nashington-Regional Office.
' Enforcement File: DD 99-011
Central Files
Customer Service: Mailing Address., Telephone [phone]
1-B77-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
httpYlh2o. enr. state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

oF wa rFq pG
7
Michael F_ Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
April 7, 2003
Mr. Ronnie Hamilton
473 Hog Heaven Lane
Dunn, NC 28334-5265
RE: Acknowledgment of Receipt of Payment
Case No. DD 99-011
Farm #43-08
Harnett County
Dear Mr, Hamilton:
This letter is to acknowledge receipt of your check No. 2650 in the amount of $1,113.64 on
March 31, 2003. This payment satisfies in full the civil assessment and the case has been closed.
If you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance and Enforcement
cc: FiFRte�iille=Regional.Office
File # DD 99-011
Central Files
Customer Service: Mailing Address: Telephone (919) 733-Wa3l
1.877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh. North Carolina 27699-1617 State Courier #52.01-01
An Equal Opportunity/Affirmative Action Employer
50 % recycled / 10% post -consumer paper
httoY1h2o.enr state.nc. us
NCDERR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 27, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ronnie Hamilton
Rt. 4, Box 703
Dunn, NC 28334
Subject: Notice of Violation
Notice of Recommendation for Enforcement
Ronnie Hamilton Farm
Facility No. 43-08
Harnett County
Dear Mr. Hamilton:
You are hereby notified that, having been deemed 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.
On July 23, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality was notified by the Harnett County Emergency
Services that they had been investigating a reported spill from the Hamilton
swine farm Subsequently, it was found that waste had escaped from one of
the confinement houses on the Hamilton Farm due to a blockage in the
discharge line. Further investigation revealed that the waste had entered a
storm water diversion ditch and traveled to a blue line stream adjacent to the
farm The waste traveled along the stream and eventually was deposited into
the Cape Fear River approximately two and one half miles downstream.
The Division of Water Quality requests that the following item(s) be
addressed:
Please provide this office with a written response regarding details of the
spill event and the actions taken to avoid this situation in the future, along
with your estimate of the gallons lost and the duration of this spill.
223 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301-5043
PRONE 91 0-486-1 S41 FAX 91 O-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Hamilton
7-27-99
Page 2
Failure to comply with the above condition(s) may result in the facility losing its Deemed
Permitted status and being required to obtain an individual non discharge permit for the facility.
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 $10,000.00 per day per
violation.
You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality
has no choice but to consider sending recommendations for enforcement action to the Director of
the Division of Water Quality. The reconmoendation concerns the violation of North Carolina
General Statute 143-215.1 for discharging wastewater into the surface waters of the State from a
non -discharge facility.
If you have an explanation for this violation that you wish to present to this office, please
forward a detailed explanation, in writing, of the event noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before Au gust- 18,1999.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at [phone].
Sincerely,
/4 P�
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
Parks Blake -Harnett Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh

473 Hog Heaven Lane
Dunn, N.C. 28334
August 9, 1999
Division of Water Quality
c/o Paul E. Rawls
225 Green Street,
Suite 714
Fayetteville, N.C. 28301-5043
Dear Mr. Rawls:
I received your letter dated July 27, 1999 concerning the
hog waste spill that occurred on my farm a few days earlier.
The reason for the spill is basically what you said in your
letter. It was so hot that we were recycling the water from
the lagoon to the hog houses to help to keep the large sows
cool. A piece of a board broke off one of the pens on the
inside of the hog house and floated down to the drain pipe
that carries the water back into the lagoon. The board
blocked up the pipe and the spill occurred. My son was
looking after them that day and forgot to cut the pump off.
The pump ran for 24 hours. Since that time we measured how
many gallon the pump could pump. We found it was pumping 69
gallons a minute. In a 24 hour period it would have pumped
99,360 gallons of waste. The only good thing about the dry
weather was that the waste did not travel in a large
concentrated flow.
The only excuse I have for this is no excuse. We spent a
lot of money trying to upgrade our facilities to get in
compliance. Now, we are making sure all the boards inside
the houses are secure. I am now personally checking the
site everyday to insure that nothing like this happens
again. I apologize for all the trouble this has caused a
lot of people.
Sincerely,
Ronnie Hamilton
cc: Parks V. Blake

DENR—FRO
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NCDENR �;Q
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieen H. Sullins Dee Freeman
Governor Director Secretary
September 29, 2011
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
Hamilton, Ronnie
Hamilton Bros. Farm
473 Hog Heaven Ln
Dunn, NC 283345265
Subject: Notice of Violation
Hamilton Bros. Farm
Permit Number AWS430008
Harnett County
Dear Permittee,
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
Invoice Date
Due Date
Outstanding Fee $
2011 PR000676
1 / 14/2011
2/13/2011
180
Please include payment for all your current and prior invoices for which the anuual fees are
still due.
Please remit the total sum of the outstanding fees, made payable to the North Carolina
Department of Environment and Natural Resources (NCDENR), in the above amount. Please include
Permit Number on your check and mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone. [phone]
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 Quality 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 Violation.
-contd-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Ralegh, North Carolina 27604 One
Phone:[phone] FAX: [phone] Customer Service: 1-877.623-6748 NorthCarolina
Internet www,ncwaterquality.org '� �j����n //�
An Equal t)ppor3unity 1 Affirmative Action Em�/ployer � i l

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
Sincerely,
ko
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc:. Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS430008)

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ronnie Hamilton
473 Hog Heaven Lane
Dunn NC 28334
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Hamilton Bros. Farm
#43-8
Harnett County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
r i- ' I .
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On April 14, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility_
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage -
issued to this facility on February 8, 2002. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
NiTC-5E R
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
h ttp J/h 2o. enr. s to te. nc. us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff -at
[phone].
Sincerely,
Alan W. Klimek, P.E.
cc: Fayetteville Regional Office Director
Non -Discharge Compliance/Enforcement Unit
Central Files

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
March 26, 2002
MR RONNIE HAMILTON
HAMILTON BROTHERS FARM
473 HOG HEAVEN LANE
DUNN NC 28335
4i
f�
D E N R
MAR 2 8 2
r
jl
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 99-011
Farm # 43-8
Harnett County
Dear Mr. Hamilton:
This letter is to acknowledge receipt of your checks No. 2351 in the amount of $556.81
received on March 25, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws_
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
fl Steve Lewis
Non -Discharge Compliance/Enforcement
SUtwj
cc: Fayetteville Regional Office
Enforcement File # DD 99-011
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
I IR RONINIE HAMILTON
HAIVIILTON BROTHERS FARM
473 HOG HEAVEN LANE
DUNN NC 28335
Dear Mr. Hamilton:
D E N R
December 19, 2001
}
i
-DEC 2 0 2001
r � -
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 99-011
Farm # 43•-8
Harnett County
This letter is to acknowledge receipt of check #. 2271 for $556.81 was received
on December 19, 2001.
Payment of these penalties in no way precludes further action by this Division
for future violations of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
3053 ext. 539.
Sincerely,
jiJeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/tw
CC' Fayetteville Regional Office
Enforcement Files DD 99-011
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [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
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
October 1, 2001
MR RONNIE HAMILTON
HAMILTON BROTHERS FARM
473 HOG HEAVEN LANE
DUNN NC 28335
L*!A
10 0
A&4
D E N R
I . DENR-FRQ
`1 OCT 2'_ 2
k�
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case DD 99-011
Farm # 43-8
Harnett County
Dear Mr. Hamilton
This letter is to acknowledge receipt of your checks No. 2199 in the amount of S556.81
received on October 1. 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the States environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
C k�L
Iry Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
JP/tw
cc: Fayetteville Regional Office
Enforcement File # DD 99-011
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Atfirmalive Action Employer 50% recycled/ 10% post -consumer paper

r
C,k- V<V�_-
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
AUG 2 7 2001
DWO
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Ronnie Hamilton
473 Hog Heaven Lane
Dunn, NC 28334
Dear Mr. Hamilton:
mom
NCDENR
NORTH COAOUNA DEPARTMEW OF
ENVIRONMENT AND N.wuRAL- RESOURCES
August 22, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Payment Schedule for Civil Penalty
Case DD 99-011
Farm #43-8
Harnett County
You have requested a schedule for making partial payments toward the $4,454.50 civil
penalty that was assessed by the Director of the Division of Water Quality on March 28, 2000. The
Department is agreeable to a two-year quarterly payment schedule beginning on October 1, 2001 and
continuing to July 1, 2003. There are seven (7) payments of five hundred fifty-six dollars and eighty-
one cents ($556.81) beginning on October 1, 2001 and one final payment of five hundred fifty-six
dollars and eighty-three cents ($556.83).
Please sign the attached payment schedule and send it back with your first payment. Make
a copy of the payment schedule for your records. Please make the payments by check pgyable to the
Department of Environment and Natural Resources and mail them so they are received by the 1st
of each month.
Failure to make the monthly payments in accordance with this schedule will cause the
entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in the superior court.
Alailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /A,f'rmative Action Employer
50% recycled / 10% post -consumer paper
http: //h2o. en r.state.nc. r4s
Location:
512 N. Salisbury St_
Raleigh, NC 27699-1617

Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please call Mr. Steve Lewis at [phone], ext. 539 or Mr.
Jeff Poupart at [phone], ext. 527.
Sincerely,
--� 9::�"
Gregory J. Thorpe, Ph.D.
cc: taui_Rawls)Fayetteville Regional Supervisor w/o attachment
John Hasty, FRO w/o attachment
File DD 99-011 w/ attachment
Central Files w/o attachment

State of North Carolina
Department of Environment
`
and Natural Resources
�r
Division of Water Quality
Michael F. Easley, Governor
NCDENR
William G. Ross Jr., Secretary
Gregory J- Thorpe, Ph.D., Acting Director P4cFrry CARouNA DEPARTMENT or
&MRPNMENT AND NAruRAL RE -SOURCES
Mr. Ronnie Hamilton
Route 4, Box 703
Dunn, NC 28334
j_ ft
Dear Mr. Hamilton:
August 13, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Environmental Management Commission Hearing
Hamilton Bros- Farm
Harnett County
Case Number DD 99-011
AUG J, 5 2001
DWQ
At the September 14, 2000 meeting of the Environmental Management Commission
(EMC), your request for remission of the civil penalty in the referenced case was remanded to the
Director of the Division of Water Quality (DWQ) for evaluation of your ability to pay the penalty.
The appropriate forms were sent to you in October 2000 and again in May 2001. Because DWQ
has not received your response, we are requesting that the EMC review this matter.
The meeting is on September 13, 2001 and will start immediately following the close of the
regularly scheduled business meeting of the Environmental Management Commission in the
Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North
Carolina (see enclosed directions). You should arrive no later than 11:30 a.m. If you have any
questions, please call me at [phone], extension 539 or Jeff Poupart at extension 581.
Sincerely,
Steve Lewis
cc:-aul-Raw-, Fayetteville Regional Supervisor w/o attachment
Frank Crawley, AGO w/o attachment
File #DD 99-011 w/o attachment
,►failing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Aff rmative Action Employer
509c recycled / 10% post -consumer paper
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qu

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretat
Kerr T. Stevens, Director
Mr. Ronnie Hamilton
Route 4, Box 703
Dunn, NC 28334
Dear Mr. Hamilton:
i
17 2UU
tG DWQ
A
"�
••
4SPENR
ENVIRONMENT ANo HAURAL RE50JRCES
May 15, 2001
CERTIFIED MAIL
RE: Ability to Pay Civil Penalty Assessment
Farm # 43-8, Harnett County
Case No. DD 99-011
At the September 14, 2000 meeting of the Environmental Management Commission (EMC),
your request for remission of the civil penalty was remanded to the Director of the Division of
Water Quality (DWQ) for evaluation of your ability to pay the penalty (see attached letter). To
evaluate an individual's ability to pay, DWQ uses a model developed by the Environmental
Protection Agency. Attached are the forms that you need to fill out. I will also need copies of
your federal income tax returns for the last three years. Please send the completed forms and
tax return copies within thirty (30) calendar days to:
Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
As directed by the EMC, if your request for remission cannot be settled or we cannot reach a
compromise, your remission hearing will be rescheduled. If you have any questions, please
contact me at [phone], ext. 539.
Sincerely,
Steven C- Lewis
cc: ,aiii_Rawlsy FRO Regional Supervisor
File No. DD 99-011
Afailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% renrled / 10% post -consumer paper
http://h2o. enr.state.nc.us

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr-, Governor�
Bill Holman, Secretary u 8 C E VIE D
Kerr T. Stevens, Director
OCT 13 2000
Mr. Ronnie Hamilton
Route 4, Box 703
Dunn, NC 28334
am
Dear Mr. Hamilton:
M
AVJ—W,A
•
NCDENR
NORTH CARour+w DEPARTMENT OF
ENVIRONMENT AND NAruRAL RESOURCES
October 9, 2000
_Ability to Pay Civil Penalty Assessment
Farm # 43-8
Harnett County
Case No. DD 99-011
At the September 14, 2000 meeting of the Environmental Management Commission, your
request for remission of the civil penalty was remanded to the Director of the Division of Water
Quality (DWQ) for evaluation of your ability to pay the penalty. To evaluate an individual's
ability to pay, DWQ uses a model developed by the EPA. Attached are the forms that you need
to fill out. I will also need copies of your federal income tax returns for the last three years.
Please send the completed forms and copies as soon as possible to:
Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
If you have any questions, please contact me at [phone], ext. 539.
Sincerely,
Steven C. Lewis
cc: lPaul-,Rawls; ERURegional-Supervisor
File No- DD 99-011
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh. NC 27699-1617
An Equal Oppornininv /Af rmative Action Employer
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hrrp: //h?o. en r. stare_ nc_ its

y
State of North Carolina
REPLY TO: Francis W. Crawley
Environmental Division
MICHAEL F. EASLEY
Department of Justice
[phone]
ATTORNEY GENERAL
1'. OBOX 629
(919) 71"767
RALEIGH
2 7602-0629
RECEIVED
September 29, 2000
OCT - ; 2 2000
Mr. Ronnie Hamilton
473 Hog Heaven Lane
FAYETTEVELLE
Dunn, North Carolina
28334
REG. OFFICE
RE: Assessment of Civil Penalties Against
Ronnie Hamilton, DD 99-011
Dear Mr. Hamilton:
You will find enclosed the Order of the Environmental Management Commission
remanding your request for remission to the Director of the Division of Water Quality for
consideration of information and data that you may submitt on the issue of inability to pay the
civil penalty. You will receive a letter from the Division of Water Quality regarding the
submission of relevant information that you want to be considered. If the request for remission is
not settled or compromised at the Director's level, it will be scheduled again for consideration by
the Committee on Remissions and you will be notified of the date and time of the hearing.
Very truly yours,
aR,A,�- L-.). CJL-P�
Francis W. Crawley
Special Deputy Attorney General
Commission Counsel
Enclosure
cc: Shannon Langley
lemie Odtuc

STATE OF NORTH CARQLl� Zd�d BEFORE THE
S�4 Z , C,E4ffiMISSION COMMITTEE OF THE
COUNTY OF HARNETT ENVIRONMENTAL MANAGEMENT_
ERON°��NllJ COMMISSION
DD 99-011
L1 O r ' • 2
Assessment of Civil Penalties ) ORDER
Against )
RONNIE HAMILTON )
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G_S. § 143-21 5.6A and § 143B-282.1,
on September 14, 2000, upon recommendation of the Director of the Division of Water Quality
for entry of a final decision on the assessment of civil penalties and investigation costs against
Ronnie Hamilton in the amount of $4,454.50.
Ronnie Hamilton requested remission and submitted a signed Waiver of Right to an
Administrative Hearing and Stipulation of Facts as required by statute. In addition to the Waiver
of Right and Stipulation form, Ronnie Hamilton submitted a written explanation for the blocked
pipe and resulting wastewater spill. Before the Committee on Civil Penalty Remissions, Ronnie
Hamilton sought relief from the civil penalty based upon the spill being an accident due to his
son's inattention. Ronnie Hamilton did not present evidence or documentation of financial
hardship or inability to pay a penalty to support his request for relief from the civil penalty to the
Director as required by the remission statute and Commission's Internal Operating Procedures.
Upon duly made motion and vote, the Committee on civil penalty Remissions found and
determined Ronnie Hamilton should be given the opportunity to present evidence and

-?-
documentation in support of his request for relief to the Director of the Division of Water Quality
for consideration prior to coming before the Committee.
THEREFORE, IT IS ORDERED that the Request for Remission of Civil Penalties by
Ronnie Hamilton is referred to the Director, Division of Water Quality for consideration of any
evidence and documentation of financial hardship Ronnie Hamilton may present to support the
request for remission of civil penalties.
Upon the Director's consideration of evidence and documents submitted and his decision
on the request for remission, this matter, if not compromised or settled, shall be scheduled before
the Committee on Civil Penalty Remissions, with proper notice to Ronnie Hamilton, for final
agency decision.
This the.d' Zay of September, 2000.
'. 11-41Z
David 41.4. Aoreau, Chairman
Environmental Management Commission

v'. .4
y
-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing ORDER on the
parties listed below by the methods indicated:
Mr. Ronnie Hamilton U.S. MAIL
473 Hog Heaven Lane
Dunn, North Carolina 28334
Mr. Paul Rawls U.S. MAIL
Regional Supervisor
Fayetteville Regional Office
Department of Environment
and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301
This the .-.I`� day of September, 2000
wp/43515
MICHAEL F. EASLEY
Attorney General
CaEclios-
W. CrawPey
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, North Carolina 27602-0629
[phone]

41 V-.
00,
State of North Carolina REPLY TO: Francis W.Cmwley
Environmental Division
MICHAEL F. EASLEY Ueparmienr 1 )f -Iusilce (919) 716.66M
A r-roHNEY e;ENEnAL P. O. 11OX 629 [phone]
RAl.l;R M
2i (i(}2-062 }
September 29, 2000
Mr. Ronnie Hamilton REC EIVED
473 Hog Heaven Lane
Dunn, North Carolina 28334 OCT 2 2000
RE: Assessment of Civil Penalties Against
Ronnie Hamilton, DD 99-011
Dear Mr. Hamilton:
You will find enclosed the Order of the Environmental Management Commission
remanding your request for remission to the Director of the Division of Water Quality for
consideration of information and data that you may submitt on the issue of inability to pay the
civil penalty. You will receive a letter from the Division of Water Quality regarding the
submission of relevant information that you want to be considered. if the request for remission is
not settled or compromised at the Director's level, it will be scheduled again for consideration by
the Committee on Remissions and you will be notified of the date and time of the hearing.
Very truly yours,
Francis W. Crawley
Special Deputy Attorney General
Commission Counsel
Enclosure
cc: Shannon Langley
Jennie Odctte
I
zuW,

\J
STATE OF NORTH CA.ROLINA BEFORE THE
StQ or'E NUSSION COMMITTEE OF THE
COUNTY OF HARNETT r�1��- ENVIRONMENTAL MANAGEMENT
�Rp�yMoo�as. COMMISSION
DD 99-011
IN THE MATTER OF: )
Assessment of Civil Penalties ) ORDER
Against }
RONNIE HAMILTON }
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on September 14, 2000, upon recommendation of the Director of the Division of Water Quality
for entry of a final decision on the assessment of civil penalties and investigation costs against
Ronnie Hamilton in the amount of $4,454.50.
Ronnie Hamilton requested remission and submitted a signed Waiver of Right to an
Administrative Hearing and Stipulation of Facts as required by statute. In addition to the Waiver
of Right and Stipulation form, Ronnie Hamilton submitted a written explanation for the blocked
pipe and resulting wastewater spill. Before the Committee on Civil Penalty Remissions, Ronnie
Hamilton sought relief from the civil penalty based upon the spill being an accident due to his
sons inattention. Ronnie Hamilton did not present evidence or documentation of financial
hardship or inability to pay a penalty to support his request for relief from the civil penalty to the
Director as required by the remission statute and Commission's Internal Operating Procedures.
Upon duly made motion and vote, the Committee on civil penalty Remissions found and
determined Ronnie Hamilton should be given the opportunity to present evidence and

•
This is to certify that I have this day served a copy of the foregoing ORDER on the
parties listed below by the methods indicated:
Mr. Ronnie Hamilton j-S- MAIL
473 Hog Heaven Lane
Dunn, North Carolina 28334
✓�r- Paul Rawls U.S. MAIL
Regional Supervisor
Fayetteville Regional Office
Department of Environment
and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301
This the day of September, 2000.
NIICHAEL F. EASLEY
Attorney General
CaEc&is-;W. Craw ey --G�S
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, North Carolina 27602-0629
[phone]
wp143513

AGENDA ITEM: D r'1 ~ �J� Request for Remission of Civil Penalty by
T Ronnie Hamilton (DD 99-01 1)
Harnett County
EXPLANATION: On March 27, 2000, the Director, Division of Water
Quality, assessed a civil penalty of $4,454.50
($4,000 civil penalty and $454.50 investigative
costs) against Ronnie Hamilton for violation of G.S.
143-215.1. The civil penalty assessment represents
40 percent of the maximum allowed by G.S. 143-
215.6A.
RECOMMENDATION:
On April 24, 2000, Ronnie Hamilton requested
remission and waived Ronnie Hamilton's right to an
administrative hearing and stipulated that the facts
were as alleged in the assessment document.
The Division of Water Quality opposes any
remission or mitigation of the penalty.
The recommendation is made for the following
reason:
1. The Director considered information
submitted in support Ronnie Hamilton's
request for remission of civil penalties in
accordance with G.S. 143-215.6A(f) and his
delegation provided by the secretary and did
not find grounds to modify the assessment.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MR. RONNIE HAMILTON
473 HOG HEAVEN LANE
DUNN NC 29334
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 13, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Hamilton Bros. Farm
Harnett County
Case Number DD 99-011
Dear Mr. Hamilton:
Your request for remission has been placed on the agenda for the July 13, 2000 meeting of
the Environmental Management Commission's Committee on Civil Penalty Remissions. The
Committee will convene immediately following the close of the regularly scheduled business
meeting of the Environmental Management Commission in the Ground Floor Conference Room of
the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You
should arrive no later than 11:30 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
.(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongly 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 the result of an accident;
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Aff rmative Action Employer
50% recycled / 10% post -consumer paper
http: //`h2o. enr. state, nc. us
a�/
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

! -k
(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.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
civil penalty, or the entire penalty. The entire amount of the penalty can only be remitted when
the violator has not been assessed civil penalties for previous violations, and when payment of
the civil penalty will prevent payment for the remaining necessary remedial actions.
You or your representative should be available to make your presentation to the -
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
If you have any questions concerning this matter, please call Steve Lewis at (919) 733-
5083, extension 539 or Joe Aibiston at extension 581. If you are unable to attend on this date,
please notify us at least 10 working days in advance and your hearing will be rescheduled.
Exceptions to the 10-day notice will be made in the event of emergency situations.
cc: Paul Rawls, FFO Regional Office
File # DD 99-011
Central Files
Sincerely,
Kerr T. Stevens, Dir tar .
Division of Water Quality
A 9vt-

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Ronnie Hamilton
473 Hog Heaven Lane
Dunn, NC 28334
Dear Mr. Hamilton:
1 0 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND Nm-LmAL Rr-sovRCEs
June 1, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request for Remission of Civil Penalty
Hamilton Bros. Farm
Farm # 43-8
Harnett County
File No. DD 99-011
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of S4.454.50.
There are n-.•o options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental 1vIanaaement Conunission. If you choose to pay the penalty, please make your check
pavable to the Department of Environment and Natural Resources and reference the case number.
Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Hailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Ralel h. North Carolina 27699-1617 State Courier #52-01-01
An Equal Oppr)rrrmitYlAfjirinativeAction Empltner
5017r recycled / 1017r port-constrnter paper
hrrp://1j2u.enn tate.nc•.Its
1"3
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. You
may present your request for remission to the committee and a representative from the Division of
Water Quality will present the case against remission. The Committee on Civil Penalty Remissions
will render a final and binding decision in accordance with NCGS 143B-282.1(c).
If you would like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on July 13, 2000. If you are unable to attend on this date,
your request will be scheduled for a meeting at a future date.
Thank you for your attention to this matter. If you would like a receipt that your check or
request for remission was received, please send it via certified mail. Please feel free to contact Steve
Lewis at [phone], extension 539, if you have any questions.
Sincerely,
Kerr T. Stevens
cc: Paul Rawls. FRO Regional Supervisor
John Hasty. FRO
iril'>:5D'99-01.r
Central Files
Alailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Ralei�,h, North Carolina 27699-1617 State Courier #52-01-01
Air Equal Opporrruurl• /Af rnuuire Action Enrplrn•er
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Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

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STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Harnett
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO: DD99-011
Having been assessed civil penalties totaling $4454.50 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, March 28, 2000 , 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 24
day of April , 2000
SIGNATURE
473 Hop- Heaven Lane
Dunn, NC 28334
TELEPHONE
910-892-5590

473 Hog Heaven Lane
Dunn, N.C. 28334
April 24, 2000
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, N.C. 27699-1671
Dear Mr. Lewis:
I received your certified letter on April 15, 2000 concerning the penalty
assessment I received for the hog waste spill that took place on my farm in
July of 99. I would like to request remission or mitigation from the
penalty.
My justification is because this was my first violation and it was an
unforeseen accident that occurred last summer. Here is what happened.
It was so hot that we were recycling the water from the lagoon to the hog
houses to help keep the large sows cool. My buildings are old and not
insulated like the new ones. A piece of a board broke off in one of the pens
on the inside of the hog house and floated down to the drain pipe that
carries the water back into the lagoon. The board blocked up the pipe and
the spill occurred. My son was looking after them that day and forgot to cut
the pump off. The pump ran for 24 hours. Since that time we measured
how many gallons the pump could pump. We found it was pumping 69
gallons a minute. In a 24 hour period it would have pumped 99,360 gallons
of waste. The only thing about the dry hot weather at that time was that the
waste did not travel in as large a concentrated flow. The stream had very
little water in it.
2'?7

P Z
I have spent a lot of money trying to upgrade the facilities to get in
compliance. Now, we are making sure all the boards inside the houses are
secure. I am now personally checking the site everyday to insure that
nothing like this happens again. I apologize for all the trouble that has
caused a lot of people. I ask that you give this strange occurrence
consideration when making your decision.
Sincerely,
Ronnie Hamilton

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: 4 744iMA V - /5%i9i'f/GTdtyV
County: / Ae" _ Case Number: -dam
Permit Number:
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
Upvate property resulting from the violation;ot signif cant ( )moderately significant )significant )very significant
( )extremely significant
2) The duration and gran of the violation;
( )not significant Mmoderately significant ( )significant ( )very significant
( )extremely significant
3) The effect on grouted or surface water quantity or quality or on air quality;
(►,fnot significant { )moderately significant ( )significant ( )very significant
( )extremely significant
4) Th cost of rectifying the damage;
ot significant { )moderately significant ( )significant { )very significant
( )extremely significant
5) The amount of money saved by noncompliance;
(Vhot significant ( )moderately significant ( )significant ( )very significant
( )extremely significant
6) Whether the violation was committed willfully or intentionall,,
not significant ( )moderately significant ( )significant ( )very significant
( )extremely significant
7) The prior record of the violator in complying or failing to comply with programs over
whi h the Environmental Management Commission has regulatory authority; and
23
( ,Zot significant ( )moderately significant { )significant ( )very siQnif cant
( )extremely significant
S) Therost to the State of the enforcement procedures.
(lynot significant ( )moderately significant ( )significant ( )very significant
( )extrem--Iv significant
Date Kerr T. Stevens'
REMISSION FACTORS
{) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
{) Whether the violator promptly abated continuing environmental damage resulting from
the violation;
O Whether the violation was inadvertent or a result of an accident;
() Whether the violator had been assessed civil penalties for any previous violations; and
O Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Date Kerr T. Stevens

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MR. RONNIE HAMII TON
RT.4, BOX 703 .
DUNN, NC 28334
Dear Mr. Hamilton:
Yk�
CDE R
NpRTM CC4ROLINA DEPARTi•SENT OF
ENVIRONMENT ANo N+ruRAL RESOURCES
March 28, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Discharging Waste to the Waters of
the State
Farm # 43-8
Harnett County
File No. DD 99-011
This letter transmits notice of a civil penalty assessed against the Hamilton Brothers Farm
in the amount of S4,454.50 including S454.50 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. 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:
Patznent should be made directly to the order of the Department of
Environment -and Natural Resources (do not include waiverform).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opporrunin-/Afrmative Action Employer
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Afo
Location:
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Raleigh, NC 27699-1617

Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remssion 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 Levk•is
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
•'
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:
oRf/

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
ANTI)
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attomey General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr_ Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
14Z�N-�
Kerr T. Stevens
ATTACHIMENTS
cc: Paul Rawls, FRO Regional Supervisor w/ attachments
File # DD 99-011 w/ attachments
Central Files w/ attachments _
Public Information Officer w/ attachments
;�f-.71—

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. ) 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 , 20
SIGNATURE
ADDRESS
TELEPHONE
;z3 .--

STATE OF NORTH CAROL NA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF HARNETT
File No. DD 99-011
IN THE MATTER OF
)
RONNIE HAMILTON
)
} FINDINGS AND DECISION
FOR VIOLATION OF
) AND ASSESSMENT OF
15A NCAC 2H .0217 AND
} CIVIL PENALTIES
N.C.G.S 143-215.1
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Ronnie Hamilton owns and operates Hamilton Brothers Farm, a swine animal
operation in Harnett County.
B_ Hamilton Brothers Farms was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On July 23, 1999, DWQ staff observed a discharge of wastewater by the Hamilton
Brothers Farm from one of the confinement houses to an unnamed tributary to the
Cape Fear River, which axe Class C Sw waters of the State within the Cape Fear
River Basin.
D. Ronnie Hamilton had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $454.50.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A_ Ronnie Hamilton is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).

B. A permit for this animal waste management system is required in accordance with
I5A NCAC 2H .0217 and G.S. 143-215.1.
C. An unnamed tributary to the Cape Fear River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6)_
D. The above -cited discharge is a violation of the 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. Ronnie Hamilton may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Ronnie
Hamilton pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.l(b)(8).
G. 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:
DECISION:
Accordingly, Ronnie Hamilton is hereby assessed a civil penalty of:
S q,000 for discharging waste to the waters of the State in violation
of 15A NCAC 2H .0217 and G.S. 143-215.1.
$ Doc TOTAL CIVIL PENALTY, which is 4e.> percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 454.50 Enforcement costs
$ %6�sy_ So ^ TOTAL AMOUNT DUE
,2f5

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.I 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;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

■ Complete hems 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
■ Print your name and address on the reverse
-- so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
&44� 4�
10-IV Y .4& 14,93
Am,, �e- dW
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A. Received by (Please Pnnf Clearly)
B. Date off Dy eWer
• I t'�1r
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C. Signature e
O Agent
X.AZLt�
❑ Addressee
D. Is delivery address dittereM from item 1?
❑ Yes
ff YES, enter delivery address below-
❑ No
3. Service Type
iflred Mail ❑ Express Mail
❑ Registered ;&Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Ertm Fee) ❑ Yes
2. Article Number (Copy from se a label}
� i 23
2
PS Form 3811, July 1999 Domestic Retum Receipt 1025 6-994&1798
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
7
FAYETTEVILLIE REGIONAL OFFICE
/ 17-t7q.VJW
A t'.—\ "A' am, -
-
KVC0 D F. R
DIVISION OF WATER QUALITY
July 27, 1999
CERTIFIED MAII,
RETURN RECEIPT REQUESTED
7
Mr. Ronnie Hamilton
Rt 4, Box 703
SECRlTAJM
Dunn, NC 28334
Subject: Notice of Violation
Notice of Recommendation for Enf arcement
Ronnie Hamilton Farm
Facility No. 43-09
Harnett County
Dear Mr. Hamilton:
t -7
'
You are hereby notified that, having been deemed 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.
On July 23, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality was notified by the Harnett County Emergency
Services that they had been investigating a reported spill from the Hamilton
swine farm Subsequently, it was found that waste had escaped from one of
the confinement houses on the Hamilton Farm due to a blockage in the
discharge line. Further investigation revealed that the waste had entered a
storm water diversion ditch and traveled to a blue line stream adjacent to the
firm The waste traveled along the stream and eventually was deposited into
the Cape Fear River approximately two and one half miles downsu'eam.
-A.
The Division of Water Quality requests that the following item(s) be
:777
addressed:
1. Please provide this office with a written response regarding details of the
spill event and the actions taken to avoid this situation in the future, along
with your estimate of the gallons lost and the duration of this spill.
225 apteeN sTptzzT, surrig 714, FAYETTIEVIZLl, 140PtTN CAROLINA 28301-5043
P"ONIE01"35;1SAI FAXwOO-496-0707
ANEQUAL OPPORTUNITY IAVPJRN^TlvtACTION E64PL.DYKR-30%VtKCYCLECII 0%1-0XT-00N8W%4ZKPAPER

Mr. Hamilton
7-27-99
Page 2
Failure to comply with the above condition(s) may result in the facility losing its Deemed
Permitted status and being required to obtain an individual non discharge permit for the facility.
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 $10,000.00 per day per
violation.
You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality
has no choice but to consider sending recommendations for enforcement action to the Director of
the Division of Water Quality. The recommendation concerns the violation of North Carolina -
General Statute 143-215.1 for discharging wastewater irrto the surface waters of the State from a
non -discharge facility.
If you have an explanation for this violation that you wish to present to this office, please
forward a detailed explanation, in writing, of the event noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before August 18, 1999.
Infortnation pro,% ided to this office -%kU be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Son} -a Avant -Compliance Group
Parks Blake -Harnett Co. MRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
,A,

473 Hog Heaven Lane
Dunn, N.C. 26334
August 9, 1999
Division of Water Quality
c/o Paul E.- Rawls
225 Green Street,
Suite 724
Fayetteville, N.C. 26301-5043
Dear Mr. Rawls:
RECE!J!
A UG 16 1999
FA Y5-1 T�,/iLLLe
�FCa. QFrlC'E
_1 received your letter dated July 27, 1999 concerning the
hog waste spill that occurred on my farm a few days earlier.
The reason for the spill is basically what you said in your
letter. It was so hot that we were recycling the water from
the lagoon to the hog houses to help to keep the large sows
cool. A piece of a board broke off one of the pens on the
inside of the hog house and floated down to the drain pipe
that carries the water back into the lagoon. The board
blocked up the pipe and the spill occurred. My son was
looking after them that day and forgot to cut the pump off.
The pump ran for 24 hours. Since that time we measured how
many gallon the pump could pump. We found it was pumping 69
gallons a minute. In a 24 hour period it would have pumped
99,360 gallons of waste. The only good thing about the dry
weather was that the waste did not travel in a large
concentrated flow.
The only excuse I have for this is no excuse. We spent a
lot of money trying to upgrade our facilities to get in-
compliance. Now, we are making sure all the boards inside
the houses are secure. I am now personally checking the
site everyday to insure that nothing like this happens .
again. I apologize for all the trouble this has caused a
lot of people.
Sincerely,
Ronnie Hamilton
cc: Parks V. Blake
3b0

E3 Division of Soil and Water Conservation - Operation Review _ - _.
Division of Soil and Water Conservation - Compliance Inspection :.
Division of Water Quality - Compliance Inspection -
Other Agency -Operation Review ; - - - - -
O Routine MCum lsint O Fnllo+s-u of DW ins ection O Follow-up of DS%%'C review O Other
Facility Number I r � Date of Inspection 7-23-9
Time of Inspection O.�IJ ?A hr. (hh:mm)
13 Permitted [3 Certified 13 Coon�ditionally Certified j�Registered 3 Not Operational Date Lwd Operated:
Farm Name: �.,L4� Y�Qt e_...1. t �.,.� `�� \ County' r',FLe
Owner Name: _LG'/? rl _ t<l Phone No: __ 15"5 2- 55 9 C—
Facility Contact: , Jz9L1.F Title: Phone No:
Mailing Address: ._./`,.. �_�_. �4 J/ u i3.F L C 933
On site Representative: __4P Z_vJ1 a Integrator.
Certified Operator:
Location of Farm:
Operator Certification Number:,,,,,,,,,,__
Latitude ' �•4 Longitude • L� �44
Design Current
awing C:a aclt�' Po otation
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
Farrow to Feeder GiCJ
❑ Farrow to Finish
Boars
Number of Lagoons
Holding Ponds / Solid Traps
Design Current
Poultry Ca acity Po ulation
❑ Layer
❑ Non -Layer
❑ Other
Design Current
Cattle Capacity Population
❑ Dairy
❑ Non -Dairy
Total Design Capacity J $0 4
Total SSLW
❑ Subsurface Drains Present J10 Lagoon Area I© Spray Field Area
❑ No Liquid Waste Management System
'V�
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? 9Yes ❑ No
Discharge originated at: ❑ Lagoon ❑ Spray Field XOther
a. if discharge is observed, was the conveyance man-made? ❑ Yes KNo
b. If disrhurgc is observed, did -it reach Water of the State? (If yes, notify DWQ) Ayes ❑ No
c. if discharge is observed what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) s No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes U?(No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? XYes ❑ No
'%Vaste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? 6SpiIlway ❑ Yes ANo
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: i
Freeboard (inches):--
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, Yes ANo
seepage, etc.)
• 3/ 3/gg Continued on back

^aty Number:73
—Q�
Datr of lnspcetion
j. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7- Do any of the structures need maintenancefimprovemcnt?
8. Does any pan of the waste management system other than waste structures require maintenancefimprovement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum Iiquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance-rimprovement?
.11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
27- .
-
❑ Yes
XND
❑ Yes
gNo
❑ Yes
❑ No
❑ Yes
❑ No
I] Yes
❑ No
❑ Yes
❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for Iand application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?--
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
IS. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (it/ irrigation, fre=board, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(iel discharge, frceboard problems, over application)
23. Did Reviewer/Inspector fail to discuss reviewfinspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Cenif ied AWMP?
Q 40 •�'1Qraik9lis -a� a�f CHtBr0e* �Te AiJ(Q� di#rii�g 0i jS' V j5lt' - You %1j1 •reeei*e !no fjt;thtll.
c6 resQondeirt a abntiti this visit: • ............. .................... .
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes.
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
Ayes
❑ Yes
❑ No
❑ No
Comments (refer to question #i): ExpIain any YES answers and/or any recommendations_ or any other comments.
Use dravtings of facility to better explainsituations. (use additional pages as/necessary):
#�• a call w4s rece',;t27 0.6--fie �.s�rrfCn�y � iti /C�Cr
% -- 23.-��r,.� �'e . G�►k.r*/etir.,..1 ,Sec✓, c.c 5
��ar,� 1.►JeSf%�/[�eclt e� �si. k i) .— e to-Cc.Gti O� ! i,",-shL, /�-'BJGJrti 1 p
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0,.E 4•sk ,,scs 4....c>i d,J amro)(i r41Q iP/, z M; 7,4e art • /11uriWrott5
Reviewer/Inspector Name __ j fora
Reviewer/Inspector Signature:
L.+L-( c e(d5Gr&'c'a a
Date: %—L
a long Me C,
3123

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Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC 911
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / (910) 864-B774 (FAX)
AIR - FUEL - WATER - FOOD - WASTES
CERTIFICATE OF ANALYSIS
CERT #2742°
CLIENT: NC DENR - DWQ DATE REC'D: 07/23/99 SAMPLED: 07/23/99
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: J. Hasty
Fayetteville, NC 28301 DELIVERED BY: J_ Hasty
CONTACT PERSON: Mr. John Hasty SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Effluent - ID #99WE75647
2. Entry - ID #99WE75648
3. Upstream - ID #99WU75649
4_ Downstream - ID #99WD75650
5. Cape Fear River - ID #99WD75651
REFERENCE: Hamilton Swine Pond
DATA REVIEWED BY:�
DATE REPORTED: 08/03/99
ANALYSIS ball IOMD 1 2 3 4 5
COLIFORM, FECAL (per 100 ml) SM18 9222D 55000 54000 5700 1081 126
CAS: < = Less than
> = Greater than
PAGE 1 OF 1
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State of North Carolina
Department of Environment and Natural Resources RECt j Vj
Division of Water Quality Lj
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Ronnie Hamilton
473 Hog Heaven Lane
Dunn, NC 28334
Dear Mr. Hamilton:
'''' 1 9 2000
E FVILLE
PEG, OFFIC,
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 1, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request for Remission of Civil Penalty
Hamilton Bros. Farm
Farm # 43-8
Harnett County
File No. DD 99-01 1
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find -rounds to
modify the civil penalty assessment of $4,454.50.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your check
payable to the Department of Environment and Natural Resources and reference the case number.
Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh. North Carolina 27699-1617 State Courier #52-01-01
An Equal Opporrunity /Affrrmarive Action Emplove r
50% rec rc•led / I0% post -consumer paper
hill)://h?o.enr.srcrte.uc Its
Location:
512 N. Salisbury St.
Raleil_,h. NC 27699-1617

You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. You
may present your request for remission to the committee and a representative from the Division of
Water Quality will present the case against remission. The Committee on Civil Penalty Remissions
will render a final and bindin- decision in accordance with NCGS 14313-282.1(c).
If you would like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on July 13, 2000. If you are unable to attend on this date,
your request will be scheduled for a meeting at a future date.
Thank you for your attention to this matter. If you would like a receipt that your check or
request for remission was received, please send it via certified mail. Please feel free to contact Steve
Lewis at [phone], extension 539, if you have any questions.
Sincerely,
Kerr T. Stevens
cc: Paul Rawls, FRO Regional Supervisor
File # DD 99-011
Central Files
Mailing Address: Telephone (9I9) 733-5083
1617 Mail Service Center Fax [phone]
Ralei,-h, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Af rmatire Action Emplm'er
50% recycled / /0% post-consruner paper
lutp://lt 2e).etir.stcrte.nr.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

State of North Carolina
Department of Environment
A
and Natural Resources
Division of Water Quality
E�E1VE `* ramya
James B. Hunt, Jr., Governor
C
D E
N
R
Bill Holman, Secretary
i+ V 9 2000
Kerr T. Stevens, Director
NORTH CAROLrNA DEPARTMENT OF
rAYETTEVJLLI~ ENVIRONMENT AND NATURAL RESOURCES
PEG. OFFICIE June 1, 2000
Mr. Ronnie Hamilton CERTIFIED MAIL
473 Hoc, Heaven Lane RETURN RECEIPT REQUESTED
Dunn, NC 28334
RE: Request for Remission of Civil Penalty
Hamilton Bros. Farm
Farm # 43-8
Harnett County
File No. DD 99-011
Dear Mr- Hamilton:
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find Grounds to
modify the civil penalty assessment of $4,454.50.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. If you choose to pay the penalty, please make your check
oavable to the Deoartment of Environment and Natural Resources and reference the case number.
Send payment within 30 days of your receipt of this letter to the attention of
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh. North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportruritr/AffFrurulire Arthur EmploYer
50% rec rc•led / I0% post -c•onsrrnrer paper
http://h2o. enr,stcite. nc•. us
Location:
512 N. Salisbury St.
Raleigh. NC 27699-1617

You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. You
may present your request for remission to the committee and a representative from the Division of
Water Quality will present the case against remission. The Committee on Civil Penalty Remissions
will render a final and binding decision in accordance with NCGS 14313-282.1(c).
If you would like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on July 13, 2000. if you are unable to attend on this date,
your request will be scheduled for a meeting at a future date.
Thank you for your attention to this matter. if you would like a receipt that your check or
request for remission was received, please send it via certified mail. Please feel free to contact Steve
Lewis at [phone], extension 539, if you have any questions.
Sincerely,
Kerr T. Stevens
cc: Baru.RA FR,&Re.6 malaSapenviiSur
John Hasty. FRO
File # DD 99-011
Central Files
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
RalciLh, North Carolina 27699-1617 State Councr #52-01-01
Air Equal Opportruun• /Affrnnutive Action EnrploYer
50% recycled / /0% post-consnrrrer Paper
http://h2o. enr.strue.irc-. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

�R
State of North Carolina
Department of Environment
and Natural Resources RECEIVED
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MR. RONNIE HAMILTON
473 HOG HEAVEN LANE
DUNN NC 28334
4!'j V 2 2 2000
FAYETTEVILLE
REG. OFFICE
NCDENFZ
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAruRAL RESOURCES
June 13, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Hamilton Bros. Farm
Harnett County
Case Number DD 99-011
Dear Mr. Hamilton:
Your request for remission has been placed on the agenda for the July 13, 2000 meeting of
the Environmental Management Commission's Committee on Civil Penalty Remissions. The
Committee will convene immediately following the close of the regularly scheduled business
meeting of the Environmental Management Commission in the Ground Floor Conference Room of
the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You
should arrive no later than 11:30 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongly 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 the result of an accident;
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
hrrp://h2o. enr. state. n c. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

(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.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
civil penalty, or the entire penalty. The entire amount of the penalty can only be remitted when
the violator has not been assessed civil penalties for previous violations, and when payment of
the civil penalty will prevent payment for the remaining necessary remedial actions.
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
If you have any questions concerning this matter, please call Steve Lewis at (919) 733-
5083, extension 539 or Joe Albiston at extension 581. If you are unable to attend on this date,
please notify us at least 10 working days in advance and your hearing will be rescheduled.
Exceptions to the 10-day notice will be made in the event of emergency situations.
Sincerely,
.ssF..�
Kerr T. Stevens, Dir for
Division of Water Quality
cc:� $ff]Ce
File # DD 99-011
Central Files

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality ECE
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Ronnie Hamilton
Route 4, Box 703
Dunn, NC 28334
Dear Mr. Hamilton:
k''jy 18
1 � •
9�CDE2000 E NR
NORTH CAROLINA DEPARTMENT OF
CA ENVIRONMENT AND NATURAL RESOURCES
G. OppiCEE
RE
May 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Remission Request
Hamilton Bros- Farm
Farm #: 43-8
Harnett County
File # DD 99-011
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed at the next scheduled conference on May 31,
2000, and you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: Paul Rawls, Fayetteville Regional Supervisor w/attachment
i JahnHasfy, Fayetteville Regional Office w/attachment
Central Files w/attachment
File # DD 99-011 w/attachment
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://`h2o.enr.state.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Harnett
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATTVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO: DD99-01 t
Having been assessed civil penalties totaling $4454.50 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, _ March 28, 2000 , 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
24
day of April
SIGNATURE
ADDRESS
473 Hoz Heaven Lane
Dunn, NC 28334
90
TELEPHONE
910-892-5590

473 Hog Heaven Lane
Dunn, N.C. 28334
April 24, 2000
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, N.C. 27699-1671
Dear Mr. Lewis:
I received your certified letter on April 15, 2000 concerning the penalty
assessment I received for the hog waste spill that took place on my farm in
July of 99. I would like to request remission or mitigation from the
penalty.
My justification is because this was my first violation and it was an
unforeseen accident that occurred last summer. Here is what happened.
It was so hot that we were recycling the water from the lagoon to the hog
houses to help keep the large sows cool. My buildings are old and not
insulated like the new ones. A piece of a board broke off in one of the pens
on the inside of the hog house and floated down to the drain pipe that
carries the water back into the lagoon. The board blocked up the pipe and
the spill occurred. My son was looking after them that day and forgot to cut
the pump off. The pump ran for 24 hours. Since that time we measured
how many gallons the pump could pump. We found it was pumping 69
gallons a minute. In a 24 hour period it would have pumped 99,360 gallons
of waste. The only thing about the dry hot weather at that time was that the
waste did not travel in as large a concentrated flow. The stream had very
little water in it.

P 2-
I have spent a lot of money trying to upgrade the facilities to get in
compliance. Now, we are making sure all the boards inside the houses are
secure. I am now personally checking the site everyday to insure that
nothing like this happens again. I apologize for all the trouble that has
caused a lot of people. I ask that you give this strange occurrence
consideration when making your decision.
Sincerely,
r
Ronnie Hamilton

State of North Carolina Tk?WA
Department of Environment •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor 'EC 1,
CDENR
Bill Holman, Secretary V 4
K CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director �00 ENVIRONMENT AND NATURAL RESOURCES
FAY 7TEVILLE May 15, 2000
REG. 0I:riCE
Mr. Ronnie Hamilton CERTIFIED MAIL
Route 4, Box 703 RETURN RECEIPT REQUESTED
Dunn, NC 28334
RE: Remission Request
Hamilton Bros. Farm
Farm #: 43-8
Harnett County
File # DD 99-011
Dear Mr. Hamilton:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed at the next scheduled conference on May 31,
2000, and you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: Paul Rawls". Fayetteville Regional Supervisor w/attachment
John Hasty, Fayetteville Regional Office w/attachment
Central Files w/attachment
File # DD 99-011 w/attachment
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
hup: //h2o. en n state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Harnett
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL. PF-NAIX17 ES AGAINST ) ADMINSTR.ATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO: DD99-011
Having been assessed civil penalties totaling $4454.50 for
violations) as set forth in the assessment document of the Director of the Division of Water Quality
dated, March 28, 2000 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 24
day of April 32000
✓LG'�"yJ"c/Et'���
SIGNATURE
ADDRESS
473 Hog Heaven Lane
Dunn, NC 28334
TELEPHONE
910-892-5590

l
473 Hog Heaven Lane
Dunn, N.C. 28334
April 24, 2000
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, N.C. 27699-1671
Dear Mr. Lewis:
I received your certified letter on April 15, 2000 concerning the penalty
assessment I received for the hog waste spill that took place on my farm in
July of 99. I would like to request remission or mitigation from the
penalty.
My justification is because this was my first violation and it was an
unforeseen accident that occurred last summer. Here is what happened.
It was so hot that we were recycling the water from the lagoon to the hog
houses to help keep the large sows cool. My buildings are old and not
insulated like the new ones. A piece of a board broke off in one of the pens
on the inside of the hog house and floated down to the drain pipe that
carries the water back into the lagoon. The board blocked up the pipe and
the spill occurred. My son was looking after them that day and forgot to cut
the pump off. The pump ran for 24 hours. Since that time we measured
how many gallons the pump could pump. We found it was pumping 69
gallons a minute. In a 24 hour period it would have pumped 99,360 gallons
of waste. The only thing about the dry hot weather at that time was that the
waste did not travel in as large a concentrated flow. The stream had very
little water in it.

Pz
I have spent a lot of money trying to upgrade the facilities to get in
compliance. Now, we are making sure all the boards inside the houses are
secure. I am now personally checking the site everyday to insure that
nothing like this happens again. I apologize for all the trouble that has
caused a lot of people. I ask that you give this strange occurrence
consideration when making your decision.
Sincerely,
r
Ronnie Hamilton

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
LPL.gt[A Ma.�3{IZoc-�o
MR. RONNIE HAMILTON
RTA, BOX 703
DUNN, NC 28334
Dear Mr. Hamilton:
UV
CDENRG4
NORTH CAROLINA DEPARTMENT OF
F YE11-1 --VILLS ENVIRONMENT AND N/WURAL REsouRCEs
REGr.OFFICE March 28, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Discharging Waste to the Waters of
the State
Farm # 43-8
Harnett County
File No. DD 99-011
This letter transmits notice of a civil penalty assessed against the Hamilton Brothers Farm
in the amount of $4,454.50 including $454.50 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. 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
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #5 2-01 -01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
h1tp://h2o. enr.state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
i'
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 Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
M-7
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Paul RRY ls;'FRO, Regional Supervisor w/ attachments
File # DD 99-011 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO:
Having been assessed civil penalties totaling for
violatiori(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 , 20
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF HARNETT
IN THE MATTER OF
RONNIE HAMILTON
FOR VIOLATION OF
15A NCAC 2H .0217 AND
N.C.G_S 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES .
File No. DD 99-011
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Ronnie Hamilton owns and operates Hamilton Brothers Farris, a swine animal
operation in Harnett County-
B. Hamilton Brothers Farms was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On July 23, 1999, DWQ staff observed a discharge of wastewater by the Hamilton
Brothers Farm from one of the confinement houses to an unnamed tributary to the
Cape Fear River, which are Class C Sw waters of the State within the Cape Fear
River Basin.
D. Ronnie Hamilton had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $454.50.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Ronnie Hamilton is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).

B_ A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. An unnamed tributary to the Cape Fear River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the 15A NCAC 2H .0217
nondischarge deemed permit and G.S. 143-215.1.
E. Ronnie Hamilton may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Ronnie
Hamilton pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. 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, Ronnie Hamilton is hereby assessed a civil penalty of:
for discharging waste to the waters of the State in violation
of 15A NCAC 2H .0217 and G.S. 143-215.1.
$ a TOTAL CIVIL PENALTY, which is 4& percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 45450 Enforcement costs
$ sti. so 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. 14313-282. 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;
(8) The cost to the State of the enforcement procedures.
3-z-7_00
(Date)
Kerr T. Stevens, Director
Division of Water Quality

MEMORANDUM
Date: October 21, 1999
To: Coleen Sullins, Section Chief
Water Quality Section
Through: Paul Rawls, Water Quality Sup
e r
Fayetteville Regional Office
From: John Hasty, Environmental Specialist
Fayetteville Regional Office
Subject: Recommendation for Enforcement
Discharge of Animal Waste to Surface Waters
Ronnie Hamilton Farm
Facility Number 43-08
Harnett County
Please find attached the fast track enforcement package pertaining to violations by the subject
swine facility.
The attached inspection form will detail the basis for the action as well as a list of assessment
factors.
This office feels that enforcement should proceed due to the following reasons:
The subject facility allowed animal waste to enter surface waters of the State.
If you need any additional information concerning this enforcement, please advise.

ANIMAL OPERATION INSPECTION FORM
1. Date of Inspection(s): July 23. 1999
2. Regional Office: Fayetteville, Water Qua jay Section
3. Name of Owner Of Property: Carl Hamilton. Jr. spy of Deed attached)
4. Name of Operator: Mr. Ronnie Hamilton
5. Address: Rt. 4. Box 703
Dunn, NC 28334
6. Phone Number: 10 -5590
7. Description of Facility Location, Map excerpt attached.
The farm is locatcd Qn the east side roxima 1 milsouth of SR 1
south of Erwin. NC.
8. Date this facility began operation: The farm has begn in full operation since Januarx 1. 1972.
9. Date of last expansion: N.Q expansion
10. Has the facility registered with DWQ? YES NO_
If yes, date of registration 12JI 5/93
11. Does the facility have an approved Animal Waste Management Plan YES X NO_
Is one required? YES NO_
Date Approved: August 10, 1995
12. Has this facility received a CAFO Designation? YES X NOL
If yes, date issued: l 2Il 5/93 _
13. Type of Operation: Swine, Fow to Wean
14. Number and type of livestock: There -were approximatelyappToximately 1,500 farrow to wean bogs present at
thg time of the
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any
12 month period. Twelve (12) months.
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? Yes. the Larm was designed to h . iatgly 150 acres oLg=
land, on which to apply waste. The certified waste management nl�n calls for

d
Page 2
17. Type of Waste Management System: Swine are kept in total con&&ment free stall barns with
concrete floQrs with flushing ebannels. W__aLte is flushed,eeded in the ann o
into the waste Woon system. The la ogoon system is ro=osed of one lagoon, from whim
waste can be 12=ped to the application fields via_a rnob' a reel and, sptay guru system .
18. Description of other animal operations in munediate vicinity and proximity to same or o t h e r
surface waters: It was noted that there is one—oAher—swine farm located in the same vic ub as this
facility mj&h- is run byMr. Hamilton's brother. But there are none on this particular unamed
trib- tAm,
19. Proximity of facility to neighboring houses, wells, etc.: It was noted that the owner's residence
is Located adiggent tot ' ac' ' we s ew of r e near
20. Approximate depth of ground water table in the area of the facility or discharge: unknomm
21. Proximity of facility to surface waters: There is an unnamed tributaty located approyimately 50
feet oLa Thr, north side LA the lagoon,
22. Animal waste discharged_ -v-4=
Witnesses: John HaM,D-W—Q FgMg3d&Regional Office 10 486- 5.
Robert Heath,DWQ Fayetteville Regional Office [phone].
23. Are pollutants discharged in the waters of the State? Y S
If so, how? The Fayetteville regional Office received a call from the Harnett CoDM Emeergencv
Services advising that JbZ had inv gated a reported fish kill in he area on 7-22-99, in the evening
ou It was too dark fAr tk HA= ComyE. S. to gstabM th& causc uf the fish kill but, it w
suspected that there was waste in the tribuIM. Q.n the following morning (7-23-99) it wg
determined that there was in fact waste in the tributary and that it had come from the Hamilton
The Fayetteville RegiQnal Office wM notified and staff arrived t the f to cond c th
jpvesti ation a inyestigation revealed that a blockage had occured in the barn and that the -recycle
pmp had been left on to_cool _the bogs. The waste backed up in the bouse and escaped hebuilding
d entered a diversion ditcb which cmied it to the unnamed trih-plaa to the Cape Fear y r
24. Do or have discharges occurred in response to a storm event less severe than the 25-year,24 hour
storm? Yes, this incidenl was not storm related.

Page 3
25. What is the degree and extent of harm to the natural resources of the State, to public heahkor
to private property resulting from the violation?: The dischargg has caused t int od ioQf
tri s into the re ei 'z& sw:face waters. that may cause or gdd to the possibility of adgal
blooms and -accelerated cutrophication of the slow moving waters g he receiving strganL
Also— sa=les takrn indicate elevated f cal coliform levels downstreM of the facility,
Sample results:
Sample Location (2/17127)
To M 0 4.1
�.
2 ta I!oint-ID#29WE75648
iJpstream-ID#99WU75649
Coliform. Fecal 1100nil
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS
AND PHOTOGRAPHS FOR MORE INFORMATION***
There are no known public health issues a� this time. Waste disch�rees of this nature
mU, based on comments from Dr. M.A. Mixson, North -Carolina Department of
Ap-riculture. Vcfefin= Di3isign.r s e dise=s if gonditiomsu'
26. What is the duration and gravity of the violation?: e o er It ted hat e
recycle pu=s hgd n t ed to a w the ho s to cool d h d ru f r a r ximatel
twenly four hours.It is estimated that approximately I00-000 gallons, of waste water lead
exited the building this persod.
27. Water Quality Assessment: At the time of the insnec1ian, the discharge lbw had ceased
soil berms had been-constucted attbg swine house and aQngthe-diversion ditch to _cg-nA
the waste.
28. What is the cost of rectifying the damage?: The whiter observed no areas that cleanup
activities would bg recommnd

91
Page 4
29. What is the amount of money saved by noncompliance?: Based on observations made
during the investig,,ations, none.
30. Was the violation committed willfully or intentionally?:
_ YES _ NOX
Explain: The operators should have checked to ensure That there waS nothing -blocking the
pipe* but Wed to do so.
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: The Hamilton Farm has
had no previous record of violations from this farm sites
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing:
$
6.00
Mileage: $0.20 per mile for 70 miles:
$
14.00
Fecal Cohform ($22.00 per sample) * 5:
$
110.00
Deed procurement
$
2.00
Total
$
132.00
Robert Heath @ $ 17.62/hr
1 hours - Drive Time
$
19.34
1.5 hours - Investigation
$ 29.01
hours 2.5 total
$
48.35
John Hasty @ $19.34/hr
1 hours - Drive Time
$
19.34
1.5 hours - Investigation
$
29.01
5 hours - Report Developement
$ ,
96a0
hours -8.51otal
$ 145.05
Paul Rawls-1 Hour Supervisory review
$
29.10
Central Office Review
$ 100.00
Total $ 454.50

Page 5
33. Type or general nature of business: Ste. Far -row to -Fee -der Operation
34. What is the violator's degree of cooperation or recalcitrance:
_Mr.—Ronnieo t d DWQ staff en e e to the
Fayctteyffle Regional
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC : The flow hads d by thg tim of thi5 investigation.
b. Receiving Stream: iinnamed I&utaU tp the -Cape Fe-ar River. Class "C-SW" Water
Damage Yes , No X- (Based on observations at the time of the investigation)
If YES, include report from Wildlife Resources Commission.
37. Include a copy of any Designation_ietter signed by the Director.
38. Recommendations Made to Owner/Operator:
1- Periodically check house drains while running recycle pump.
2- Take anYaction to prevent any fig=— dischuZe_ of waste.
39. Recommendations for further DWQ Action:
- Notice of Violation (,Forwarded July 27, 1999)
t Aglion
40. Other Comments: In su is t e o of thi to that ' c e f
waste was not intentional however. nhvsical pdodic checks of the system are recommenk
while Fr..inning the recycle purnps. There wM onWv one dead fish egn during ILie investigation
and numerous live minnows and oth_erorqzanisaL5 in the rgceiving strgm

STATE OF NORTH CAROLINA
COUNTY OF HARNETT
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
IN THE MATTER OF
RONNIE HAMILTON
RONNIE HAMiLTON SWINE FARM
FOR VIOLATIONS OF PERMIT
15A NCAC 214.0217
File No. DD
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.5A, I,
Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make_ the
following:
I. FINDINGS OF FACT:
A. Ronnie Hamilton operates a concentrated animal operation in Harnett
County.
B. The Ronnie Hamilton Swine Farm was deemed permitted 'as a
nondischarge facility on December 15, 1993, in accordance with 15A
NCAC 2H .0217.
C. On July r23, 1999, DWQ staff observed a wastewater in an unnamed
tributary to the Cape Fear River which had originated at the Ronnie
Hamilton Swine Farm from one of its confinement houses to the
tributary which are Class "C - SW" waters of the State within the Cape
Fear River Basin
D. The Ronnie Hamr7ton Swine Farm had no valid permit for the above
described activity.
E. The cost to the State of the enforcement procedures in this matter
totaled $ 454.5Q

Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Ronnie Hamilton is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S.143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 2H .0217 and G.S. 143-215.1.
C. The tributary too the Cape Fear River constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the nondischarge permit.
E. Ronnie Hamilton may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more
than ten thousand dollars ($10,000.00) per violation may be assessed
against a person for failing to act in accordance with the terms,
conditions or requirement of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against
David Lynn Sinclair pursuant to G.S.143-215.3(a)(9) and G.S.143B-
282.1(b)(8).
G. The Director, of the Division of Water Quality, pursuant to delegation
provided for by G.S. 143-215.6A(h), 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, Ronnie Hamilton is hereby assessed a civil penalty of
$ for discharging waste to the waters of the State in
violation of 15 A N C A C 2H. 0217.
$ TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143 - 215.6A.
$ 454.50 _� 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)
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.
(Date)
Kerr T. Stevens, Director
Division of Water Quality

E3 Division of Soil and Water Conservation -Operation Review
Division of Soil and.. Conservation -.Com trance Insp ectton - - p
Division of Water Quality -Compliance Inspection
Other Agency - Operation Re7.
view
10 Routine «Com faint 0 Follow-up of DAN*Q inspection 0 Foliow-up of DS1t'C review 0 Other
Facility Number ..� . Date of Inspection
Time of Inspection 24 hr. (hh:mm)
13 Permitted 13 Certified ❑Conditionally Certified Registered R] Not O erational Date Last Operated: _--
Farm Name: ». �L.P....� .........f/.1. .-��2rs�t _ -. ... County': rsC.tt��..._� ........
Owner Name: !�01f�I_.e � Phone No. :F Z — SS yd
Lo
Facility Contact: �I!.:nf1..... _. Title• _,.......... - Phone No: _
Mailing Address: ..... e�T...--- -......�u.N.h.. ...�.0 ........................ -z5�33�.
Onsite Representative:.- .�.�.GS1 e _ ....»-.--... - _... - _ . Integrator. l .......^ �........ „...._ ,
Certified Operator:. - - - , , , , , Operator Certification Number...--- ­
Location of Farm:
Latitude ' •4 Longitude • a&
Design Current
avnne [ a
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
Farrow to Feeder 5
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current
Poultry Capacity Population
❑ Layer
❑ Non -Layer
Design Current
Cattle Ca achy Population
❑ Dairy
❑ Non -Dairy
Other
Total Design Capacity 500
Total SSLW
!Number of Lagoons ❑ Subsurface Drains PresSItJ10 Lagoon Area JE1 Spray Field Area
Holding Ponds / Solid Traps No Liquid «'aste Management System
Discharges & Stream Im acts
I. Is any discharge observed from any pan of the operation? 9Yes ❑ No
Discharge originated at: ElLagoon [ISpray Field XOther
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Docs discharge bypass a lagoon system? (If ycs, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? -Spillway
Structure I Structure 2
Identifier: i
Freeboard (inches):
Structure 3 Structure 4 Structure 5
❑ Yes qNo
AYes ❑ No
AYe's 6 No
❑ Yes ;9(No
XYes ❑ No
❑ Yes 9 No
Structure 6
S. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion,
seepage, etc.)
• 3123199 -
❑ Yes ANo
Continued on back

-,ity Number: --DB' Date of Inspection
j. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenancelimprovement?
8. Does any pan of the waste management system other than waste structures require maintenaficermprovement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
I2. Crop type
1-7-2-7--.
❑ Yes
XNO
❑ Yes
�No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? - ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? _❑ Yes ❑ No
15. Does the receiving crop need improvement? ❑ Yes ❑ No
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
• 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? -
'o iolatiQris'o� i fele'ncie wire pi te� irrit�g � IS.V Ss t'• Yo0 vtitl feeoiye ljfl furthoo -'
Torres otideirce:about.this visit
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes . ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Ayes ❑ No
❑ Yes ❑ No
Comments (refer to question 4): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary):
tit.. cai!rk �a,.p� tti�nS Cvs4v�y ed
16 ` tz FJ�� ��+ 8..3da�.f . o.L %r`�1 I %-23, /tr„e7 C'e. Cot
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ei`e 4sk 1ji,,5 • ,.tics osrr,7 OLNro) . rsr�'Ie'u z Mi 714e 4QQrr: • Mti4teraus k-'e
Reviewer/Inspector Name
Reviewer/Inspector Signature:
j 11^40U S "'(-.f C r
b L.i r- Zu 6L11 Q
Date: 7-23 -a
3/23/9S

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4
#Y
NORTH CAROLINA DEPARTMENT OF
r"
ENVIRONMENT AND NATURAL RESOURCES
FAYETTF-vn-LE REGIONAL OFFICE
r
DIVISION OF WATER QUALITY
July 27, 1999
JAMES 0. HUNT JR.'
CERTIFIED MAIL
RETURN RECEIPT RED ESTED
Mr. Ronnie Hamilton
WAYNE MCD rVM..,,'
Rt. 4, Box 703
sEcgErARY !'= .
_
Dunn, NC 28334 -
=
Subject: Notice of Violation
- - -
- Notice of Recommendation for Enforcement -
- -
Ronnie Hamilton Farm
=
Fact3ity No. 43-08
_
=
Harnett County
Dear Mr. Hamilton:
= '-> •: -�
You are hereby notified that having been deemed permitted to have a
non discharge permit for the subject animal waste disposal system pursuant to
15A NCAC 2H .02I7, you have been found to be in violation of your 2H
I �;
Permit.
.0217
}
On July 23, 1999, staff from the Fayetteville Regional Office of the
f-
Division of Water Quality was notified b the Harnett County Emergency
Y Y tY B Y
�;`' .• _ :.
Services that they had been investigating a reported spill from the Hamilton
swine farm. Subsequently,it was found that waste had escaped from one of
the confinement houses on the Hamilton Farm due to a blockage in the
discharge line. Further investigation revealed that the waste had entered a
_
�--
, er ater diversion ditch and traveled to a blue line stream adjacent to the
wat
farm The waste traveled along the stream and eventually was deposited into
the Cape Fear River approximately two and one half miles downstream.
The Division of Water Quality requests that the following item(s) be
addressed:
1. Please provide this office with a written response regarding details of the
spill event and the actions taken to avoid this situation in the future, along
with your estimate of the gallons lost and the duration of this spill.
:-s -
R25 6REiN STweRT, SUITE 714, FAY[TTEVILL[, NORTH CAROLINA 28301-5043
-
PHON9 A10-466-1541 FAX [phone]
+
AN EQUAL OPPORTUNITY / AFFIRMATIvE ACTION EMPLOYER - 50% RECYCL910/1 0% POST -CONSUMER PAPER

Mr. Hamilton
7-27-99
Page 2
Failure to comply with the above condition(s) may result in the facility losing its Deemed
Permitted status and being required to obtain an individual non discharge permit for the facility.
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 $10,000.00 per day per
violation.
You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality
has no choice but to consider sending recommendations for enforcement action to the Director of
the Division of Water Quality. The recommendation concerns the violation of North Carolina
General Statute 143-215.1 for discharging wastewater into the surface waters of the State from a
non -discharge facility.
If you have an explanation for this violation that you wish to present to this office, please
forward a detailed explanation, in writing, of the event noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before August 18, 1999.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
Parks Blake -Harnett Co. MRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh

473 Hog Heaven Lane
Dunn, N.C. 28334
August 9, 1999
Division of Water Quality
c/o Paul E. Rawls
225 Green Street,
Suite 714
Fayetteville, N.C. 28301-5043
Dear Mr. Rawls:
AUG 16 1999
F'' `t �1`l/FLLE
fib . QFFICE
I received your letter dated July 27, 1999 concerning the
hog waste spill that occurred on my farm a few days earlier.
The reason for the spill is basically what you said in your
letter. It was so hot that we were recycling the water from
the lagoon to the hog houses to help to keep the large sows
cool. A piece of a board broke off one of the pens on the
inside of the hog house and floated down to the drain pipe
that carries the water back into the lagoon. The board
blocked up the pipe and the spill occurred. My son was
looking after them that day and forgot to cut the pump off.
The pump ran for 24 hours. Since that time we measured how
many gallon the pump could pump. We found it was pumping 59
gallons a minute. In a 24 hour period it would have pumped
99,350 gallons of waste. The only good thing about the dry
weather was that the waste did not travel in a large
concentrated flow.
The only excuse I have for this is no excuse. We spent a
lot of money trying to upgrade our facilities to get in
compliance. Now, we are making sure all the boards inside
the houses are secure. I am now personally checking the
site everyday to insure that nothing .like this happens .
again. I apologize for all the trouble this has caused a
lot of people.
Sincerely,
I
Ronnie Hamilton
cc: Parks V. Blake

General Facifity Information
""Facility ,Number A
lHarnett
Owner
IDonnie/ Ronnie ]Hamilton
Manager
Address
Rt 4 Box 703
Dunn NC _]28334
Registered
Form Name
I Hamilton Bros Farm
Phone Number
�92-5590
Lessee
Region
F0 ARO 0 MRO 0 WARO 0 WSRO
4 FRO 0 RRO 0 WIRO 1 6 1 1
............... . . ..........
NC 82E. of Ei-,�in' turn left on Old Hamilton Rd. go 1/2 'Mile to Farm Rd.'on'
.... ......
.............. ........... .......
.................... ...... —1— ....................
..... ... ... .........
Certified Operator in Charge I [Ronnie C.
Backup Certified Operator
Comments
Won
this existing facility has been conditionally certified as of 12/31/98. AL
0' ii4�;� 7
nadive ope t, IU666-c Date inactivated or closed
Type of Operation
IM Swine 0 Poultry El Cattle [3 Sheep [3 Horses E3 Goats [I None
Design Capacity
❑ #ieaerlo . #i
-.-I " -. .
.. nisii
❑ F -a ri. Weari
ia.
E3 iia•Feedei -
FArro- w lo-Fin ish''.4
T3 Gilts r
. . . . . . . . . . . -they
[3 Layer
EINon-Layer
.500 SM-ine
Total . 1
1 11
SSLW 649.500
Number of Lagoons,/.Holding Pon L4goonTotal ApFi!yr ti.
IOSubsurface Drains Present [3Lagoon Art [3 Spray Field Ar
Oin nt'No Li4ii.idIVA'ste'Manaze e"

Longitude
Latitude
35.2%7
78.6567
ate.12/15/93
C
D
EM Rep1j.,,.'
-qodit I El Irrigation System
El H' Ig her Yields
El Vegetation
Acreage
El Oth
er
[3Request to be removed ORemoval Confirmation Recieved
Comments
I& !
1w!
Basin Name: ICape Fear
Regional DWQ Staff

Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
817 CASTLE HAYNS STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR • FUEL • WATER • FOOD
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. John Hasty
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Effluent - ID #99WE75647
2. Entry - ID #99WE75648
3. Upstream - ID #99WU75649
4. Downstream - ID #99WD75650
5. Cape Fear River - ID #99WD75651
NC #11
NC #37714
USDA #3787
• WASTES
CERT #27425
DATE REC'D: 07/23/99 SAMPLED: 01/23/99
SAMPLED BY: J. Hasty
DELIVERED BY: J. Hasty
SAMPLE CODE: Waste water, Grab
REFERENCE: Hamilton Swine Pond
DATA REVIEWED BY:Y-- I�"
DATE REPORTED: 08/03/99
ANALYSIS IMMOD 1 2 3 4 5
COLIFORM, FECAL (per 100 ml)
COMNEWS: < = Less than
> = Greater than
SM18 9222D 55000 54000 5700 1081 12(
PAGE 1 OF 1
AUG F, 1�9
The date and other information contained on this, end other accompanying documents, represent only the sampla(s) analyzed and is M E M B E F
rendered upon the oondWon that it is not to be reproduced wholly or in pen for advertising or other purposes whhout wraten approval
from the laboratory. .. %�
-- — •,�� Tn nn Fead Sanitation Ctmsulting Chemical and Micmbblogical Analyses and Research

FILED
BOCK, I NWE �13
9510903 '95 SEP 8 Ph 2 27
CAYLE P. BOLDER
Prepared by: W. Glean iohnson. kftgp* bftE%L% Boa 69.1111input. NC 27546.
NARXETT COUNTY. NC
PARCEL ID NOS: 06-1546-00M
12-0595-0001
NORTH CAROLINA.
12EE12
ff"TT xW�
THIS DEED, Mach and into this Sepmmber 7, 1995, by and between CARL
HANMTON, JR., widower. Roue 4, Box 703, Dunn, North Carolina 28334, grmttor, and
DONNIE CARL HAMILTON, Route 4, Boa 703. Dunn, North Carolina 29334, g in=
W11hIESS.ETH:
Thar for and in consideration of his love and aff=don for the grantee, the said gmnw
has bargained and sold and by these presents does hereby give, grant, bargain, sell and convey
unto the. said Donnie Carl Hamilton, his heirs and assigns, subject, ham. to the fife estate
of Carl Hamilton, Jr. herein reserved, thine certain tracts or parcels of land situate and being
in Duke and Stewart's Creek TownshiM, Harnett County, Nar[b Carolina, and described as
follows:
pARCEL ONE: BEGO44M at as existing 1 118 inch square steel rod, said rod
being the norftastcm corner for the Carl Heston, Jr. and wife. Glenda Hantifton
14 acre tract known as Tract 1 of Deed Book 441, at Page 124 of the Harnett
County Registry, and tuns as the old property line between Hams = and Beard,
North 84 degrees 44 minutes 54 seconds West 1429.94 feet to an iron stake, said
stake being located 5.5 feet east of a ditch (formerly Tar Kiln Branch), with mna
supposed to be in the ran of the branch; thence as the run of the branch, surveyed
and iraa stakes set along the eastern bank of the ditch that was formerly Tar Kiln
Branch with the old property lines of Hamilton and Antioch Cburh, the Bell
Family Land. and Harper Tripp the following courses and divan=: South 13
degrees 34 mimms 47 seconds Fit. 270.81 feet to an iron stake located 13 feet east
of the ditch, and South 16 degrees 52 minutes 07 aux ds Fast 245.40 fret to an
iron stake located 14 feet east of the ditch, and South 3 degrees 46 minutes 18
seconds West 68.69 feet to an iron stake 16 feet east of the ditch, and South 13
degrees 55 minutes 33 seoar2ds West 144.99 fam to as iron stake 15 feet east of the
ditch, and South 19 degrees 39 minutes 33 seconds West 289.11 feet w an iron
stake 19 feet east of the ditch; thenat a new line, South 79 degrees 26 minutes 22
seconds Fast 1416.66 feet to an iron stake in a path said stake being the line of
A1vis Wood; thence as the old property line of Wood and Hamilton and running
as an old path, North 20 degrees 31 minastrs 32 seconds East 137.74 feet to are iron
stake. said stake being the smd=mm wetter for the Carl Hamilton, Jr. and wife,
Glenda Hamilton 16 314 acre tract recorded as Tract 1 of Deed Book 441, at Page
124 of the Harnett County Registry aid being the northeastern corner for the Carl
Hamilton Jr. and wife, Glenda Hamilton, 20.8 acre tract recorded as Tract 3 of
Deed Book 441, at Page 124 of the Harriett County Registry and being the
southwestern == for the Carl Hamilton Jr. 36.5 acre tracx recorded in Deed
Book 349, at Page 623 of the Harnm County Registry; thence as the old property
line aid path between Tract 2 of Deed Book "I, at Page 124 and the 36.5 acre
C30

uacx, North 0 duns 40 minuet 27 seconds West 229.74 fleet to an existing iron
pipe, said pipe being a oarner for Carpet Tart Jr. and being die nordrnsmm
ocean for the 36.5 acre tract; thence as the old pap" line of Hamilton, and Tkrt,
North 0 degrees 56 minutes 30 seconds West 74957 fioet to the point of big
and contains 32.79 acres, mote or tests, within the traverse. The area betwtsm the
traverse line and the ditch oaotaias appruximatdy 0.32 ate leaving a tow acreage
C in this tract of 33. it m= and is Tract l as-*mm an a map for Carl Hamtlmn,
Jr. and wife, Glenda Hamilton, dated Otxaber29,1992 by W. R. Lambert, ILLS.
7bee is conveyed with the above referenced petal a right of way and
for the purposes of iagness. egress and rega 4 4. over and across the Lands of the
grantor, said right of way and easement bemg more parpcularly descry as
Mom:
Beginning at a paint in the centerline of SR 1776, said point may be located by
beginning at an existing 1 inch iron pip-, said pipe being the northeastern caQrrer
for the B. F. Hamilton 2.8D1 acre tract recorded in Deed Book 978, at Pages 3132
of the Harnett County Registry, and ruNt{ag as an extension of the nartturn
property line of the B. F. Hamilton 2.801 acre tract 29.69 feat to a paint in the
centerline of SR 1776; then running as the curter of the toad North 17 degrees 03
minutes 10 sew Vilest 328.51 feat to the BEGINNING POINT; thence from
said BEGINNING POINT, runs as the centerine of a 50 foot wide easemm
South 57 degrees 56 minutes 50 seconds West 600.0 test to a point; thence as the
centerline of a 50 fiat wide easement, South 75 degrees 26 minartes 56 ateaatds
West approximately 1690.99 feet to a poi ft= South'22 degrees 45 miners
52 seconds West 25 feet to a point in the old property line between Hamilton and
Alvis Wood; thence as tie southern side of a 5D foot wide easement, North 67
degrees 14 minutes 05 seconds West 900 feet to an iron stake, said stake being a
joint corner far Aivis Wood and Hamrlmo, said stake being the smtbrtaern
corner for the Carl Hamilton, Jr. 36-5 acre tract recorded in Dead Boot 349, at
Page 623 of the Harnett County Registry, and said stake being the northern
corner for the Cart Hatniitoon, Jr. and wife, Glenda Hamilton 20.8 acre um
recorded as Tract 3 of Deed Book 441, at Page 124, Harnett County Registry, and
the southeastern corner far the Carl Hamilton, Jr. and wife, Glenda Hamilton 16
3I4 acre tract recorded as Tract 2 of Deed Boole 441, at Page 124 of the Harnett
County Registry; dw= as the eastern side of a 25 foot wide czst= n , Sotub 20
degrees 31 mints 32 seconds West,137.74 feet to an iron stake, corns for Tiara
1 and Tract 2 of the Carl HamiZrnn, Jr. and wife, Glenda Hamilton Division as
sbown on a mats dated October 29,1992; thence continuing as tine eastern property
line of Carl Hamilton, Jr., and as the cum side of a 25 foot wide east,
South 20 degrees 31 minutes 23 seconds West 1149.12 feet to the soutl>castern
corner for Tract 2 of the Carl Hamilton, Jr. and wife, Glenda Hamilton Division
as shown on a asap dated Octnbrs 29, 1991 With the above described 600 foot
line being the centerline of the 50 foot wide eawmeat and the above described
approximately 1690.99 foot line also being the centerline of the 50 foot wide
easement and the above described 900 foot line being the southern line of rho 50
lout wide easement and the above described 137.74 foot line and the 1149.12 foot
line being the eastern line of the 25 foot wide easement with the purpose of the
casement being for ingress and egress.
i'
BEGU*,MG at an iron stake at the high bank of the Cape Fear
River, said slake being located at the south end of Red Rock Lock, said stake also
being a corner for the Ina Corbin 200 acre "Williams Tract', and runs as the old
-line of Carl Hamilton, Jr. and Corbin, Noah 67 degrees 05 minutes 44 seconds
West 4851 feet to an iron stake set on the property litre; thence as the old line of
Hamilton and Corbin, North 67 degrees 05 minutes 44 seconds West 780.45 feet
to an existing iron pipe at the mtetsecdon of ditcht t, Berner chop were also found;
631

thence as the line of Hamilton and Corbin, and as a dite3r. South 7 degrees 59
in 05 seconds West 2184.31 feet to an existing Iran stake at the inmrsecdoti
of ditches; thence as the old line of Hama. South 63 degrees 27 min, 54
sxarids West M95 feet to a set iron stalre: thwoe as the line of 1hunitori and
Corbin, SaA 22 degrees 20 mitnntes 00 mends West 785.0 few to a set 518 twh
steel rod over a the that is at the 'sae of a 50 feet wide right of war.
thence as the line of Hamilton and Carbia, North 85 degrees 00 minum 00
seconds West 500.OD fact m an axis ft wont monument; the nce as the line of
Hamilton and Corbin. North 78 degrees 40 mimttes 00 seconds West 6W.13 feet
to an extsang cede mon went; tbeax as the lime of Hamilton and Wdkm.
South 22 degrees 19 m mtcs 31 serands West 671.3 feet to an iron stake, a near
corner, also a nor= for Tract A the= as a new line and as the line bommu
Tract 01 and Tract a South 83 degrees 21 mhutes 53 seconds East 2855.69 feet
to an iron stake at the high bank of Cape Pear River. a new corner: thence as the
tun of Cape Fear River, u umired along the high bank, the following courses and
distances: North 9 degrees 57 miams. 25 sxoads West 199.35 feet to an iron
stake, and North 12 degrees 12 minutes 35 seconds West 200.95 fed to an iron
stake, and North 5 degrees 55 mimutrs 20 seconds West 275.24 feet to an iron
state, and North 8 degrees 24 mhartes 00 seconds West 192.41 feet to an iron
state, and North 0 degrees 23 miners 05 seconds East 391.94 feet to an iron
stake, and North 6 degrees 45 minutes 40 seconds East 571.29 feet to an iron
stake, and North 7 degrees 33 min uirs 10 seconds East 201.51 feet to an inm
stake, and North 2 degrees 37 minutes 20 seconds East 319.44 feet to an trim
state, and North 7 degrees 14 rnim*& 10 seconds East 300.11 feet to an iron
stake, and North 4 degrees 01 mium 15 Fast 197.23 feet to an iron stye,
and North 4 degees 36 mimrtts 05 seconds East 420.16 feet to an iron stilm, and
North 2 degrees 37 minutes 55 secvatds West 176.44 feet to the point of begs mb g
and tannins 101.24 acres, more or less:'
There is conveyed with the above n*rcmed parcel a 50 foot right of way and C
easernent for the purposes of rogues. egress and regress, over and across the lands
of the grantor. said right of way tmd case== being mote particularly descnbod
as follows:
Beginning at an existing oancrete mutes, said mom nlnent being the joint exams
between Carl Hamilton, Jr., Wello>s, and Inez Corbin's 200 acne 'Williams
Tract", said monument may also be lomttd by begirming at a P.K. nail over a
culvert in the center of SR 1779, and running as the center of the road, North 78
degrees 48 minutes 18 seconds East 748.80 feet to a P_K. nail, and North 65
degrees 22 mirnites 18 seconds East 224.64 feet m a P.K. nail and then running as
the center of an existing path, Soitt 66 degrees 11 minutes 21 seconds East 188.63
feet to an iron stake and South 68 degrees 33 minu= 31 seconds Fast 516.93 feet
to an iron stake, and South 67 degrees 04 mimes 41 seconds East 5W.74 feet to
an iron stake, and South 77 degrees 50 mirnites 31 seconds Fast 6Z7.0 feet to the
BEGINNING PONT, d== from said BEGINNING POINT, runs as the northera
side of a 50 foot wide right of way and as the line of Hamilton and Inez Corbin,
South 78 degrees 40 minutes 00 semis Ent 650.13 feet to an existing concrete
monrume 4 and South 85 degrees 00 minutes 00 seconds East 500.0 fact to a set
519 inch steel rod over a tile: thence traversing from the northern side of a 50 foot
wide right of way to the southern aide, South 80 degrees 09 minuses 11 seconds
Fast 1047.68. feet w an iron stake; dz= as the wrsurn side of a 50 foot wide
right of way, South 5 degrees 27 m➢ vm 31 seconds East 642.23 feet to an iron
stake, and South 36 degrees 41 minutes 08 secemds West 568.48 feet to an iron
stake, and South 35 degrm 24 minsttes 23 seconds west 1024.36 feet to an iron .
stake, and South 39 degrees 08 minutes 58 seconds west 1053.90 feet to an iron
stake, and South 38 degrees 25 minutes 08 seconds West 440.73 feet to an iron
stake, said state being in the property line betweca Tract #3 and Tract A, and
632

14
being locamd North 62 degVees 09 mhums 02 seconds west 1431.49 feet from an
iron stake at the high bank of the Cape Fear River that is a joint corns for Tract
#4 and Tract V, and being located Sourk62 degrees 09 minutes 02 seconds Eats
1645.4 feet from an iron stake is lire line a(WcUans that is a joint earner far Tram
14 and Tisrx 03 with the above desc MW lines being a 50 foot wide easement for
the purpose of ingress and egress for T acts #1, 02, 03, and 94 of the Cbrl
Hamilton, Jr. Division.
The herein described lands are conveyed snbjerx to the life estate of the said Carl
Hamilton, Jr., and the grantee acknowledges and covenants that he is atxPritt
said lands subjeat to said outstanding life
TO HAVE AND TO HOLD said lands and premises, together with all privileges and
appurtenances thereunto belonging, mmto the granmw, his heirs and assigns, to their only nse
and bdmf forever, subject, however, to the life estate herein reserved to and by the said Cad
Bamdma, Jr.
And the grantor, for himself, his heirs, executors and admin4vaun. omemugs with
the granter, his heirs and assigns, that he is seized of said pnemises in fee and has the tight to
convey the same in fee simple, that the same are flee and clear from all encumbrances. ad
that he does hrscby famver warrant and will forever defend the tide to the same against the
claims of aA petsm whomsoever.
IN Wt NFM WHEREOF, the grantor has hetw= set his hand and seal the day and
year first above written. r,
1 1L)
CAL HAMILTON.
NORTH CAROLINA,
HARNE 17 COUNTY.
1, a Notary Public in and for the aforesaid State and County, do hereby certify that
CARL HAMILTON, M, widower, ptrsonally appeared before me this day and adwowlWged
the dire execution of the foregoing instrument_ Let fhe instrument with this cerdfthft be
registers & _
Witness my hand and notarial seal this t� day of September, 190.
C.a %tip �LrLCJ /�9, �t1w
My ��paeatiF
r �Ilr8l9(a T���etad � r
3.a>
and recorded an theoe at Book t q w, �33
i ..• — Ttrsl� d
ys AuBL►G d; �
633

r DEEDS AND ,
MORTGAGES441 . 1
t i
Vlttt'iil raltOr.t%,t. ,
THIS DEED, Made this llth day of December. 1963. by R.aWALL L. -
IiAVILTON and wife, VIRGINIA W. HAMILTON. of llarnett County, North Caro-
I ina, part ira of the firxl Bart, to CAR[. HAMILTON. JR ate trSf�,
4;1.E1114 11AMILTON• tot Harn.•I l ,t'ounty. Noriti t'.1r,.T1ttR, parties of the
second Dart;
N I T%E9S ETof:
Teat -did parties of the first part, in conatd.•rat,ou ..1 n
Th,•u%and A No I(K) dollars and other valuable considerations to them
paid h) %aid parties of the %econd part, the receipt of which- is hrreby
acknowledged, have bargained and sold and by these presents do bargain.
,rJI and to .aid parties of the second part, their heirs and
ac.I,ta., tbu.r rertain tracts or parcels of land lying and being in
Duke T..wo%hip, Harnett County, NorthCarolirla, hounded and described ai
1•IRST row-T. "EGINNIYI. at a stake with pointers in the run of
f..rkil.o tttan--h. the corner of Lots 5a 6 in said branch, and runs as
di%odin.•t litiv of :, a f. South 84-7j8 East 2I.35 chains to a stake in
the Luca► Truelove line; thence as that line South 1 Nest-s.85 chains
to a slake in said line in path, corner of Lots 6 a 7; thence as line
of Lots r, a 7. North H4--7/8 Nest 19.65 chains to a stake with pointers
to the run of TarkiJn Branch; thence up thr run of said branch to the
BEGINN1% . Containing 14 acres. And bring the same lands .conveyed to
.1. E. Warren by Melissa Bruck and husband, W. F. Brock by deed dated
Fvb. J4, 19314 and recorded in Book 269, at Page 77, Harnett County Reg.
SECOND TRACT: BEGINNING at a stake with pointers in the run of
Tarkiln Branch, corner of Lots 6 6 7 in Branch, and runs as line of
Lots e, 11•7, South 84-7/8 East 19.15 chains to a stake in path and in
Lucas-TrueJove original line; thence as that line South 1 West 8.00
chains tpp a stake in the path. Lucas and Truelove t;orner; thence as
line of Lnts 7 a R. North 8477/8 West 22.54 chains to a stake with
pointer% in the run of Tarkiln Branch; thence up the run of said branch
to the BEGINNINU, Containing 16-3/4 acres, and'heing Lot No. 7 in the
division of the D. H. Truelove lands allotted to Janette Warren by.
C-sami%%ioners Report recorded in Book 243, at Page 3f.5, Harnett County
LM•� � s f qY-'
T111RD TRACT: BEGINNING at a stake with pointers in the run of
TarkiJn Branch,. the corner of Lots 7 a 8, and runs as line of Lots 7
A 8, South 84-7/b East 22.54 chains to a stake in path, the Lucas -
Truelove original corner; thence as path South 21-7/8 Nest 11.50 chs.
to a stake in path, a corner of Lots.B a 9; thence .as -line of Lots 8
18 9 through the field North 764 West 22.97 chains to a stake and poin-
ters in run of Tarkiln Branch; thence up the run of said branch to the
BEGINNING. Containing 20.8 acres. Said tract Is composed of the 10.4
acre tract by Rena A. Moulton and husband, to Janette Warren by deed
(dated Feb. 24. 1933. recorded in Book 253. Page 480. Harnett County
Registry, and the 10.4 acre tract conveyed to J. A. Warren by Rena A.
Moulton and husband, by deed dated April 19. 1935, recorded in Book
253. Page 478, Harnett County Registry, and is Lot No. 8 in the'div.
of the D. H. Truelove Estate according to Commissioners Report recorded
*in Book 243, Page 365. Hartnett/Counts Rgistry.
,f T l b e .[t_r�+�4�.
/.�le7 ..
.t.:.j

DEEDS AND
MORTGAGES 4.441
The foregoing three tracts of land are the Ldentical lands
described in deed from J. E. Marren and wife, Janette T. Marren, to
Randall L. Hamilton and wife, Virginia M. Hamilton, dated December
20, 1951. which is recorded in Book 331, Page 520, Harnett County
Registry.
FOURTH TRACT: Being Lot No. 10 in the division of the D. H.
Truelove land, as shown on Map recorded in Mali Book 4. Page 11, Office
of Register of Deeds of Harnett County, and described by metes and
bounds as follows: BEGINNING at a stake and pointers in the run of
Tarkiln Branch, corners of Lots Nos. 9 and 10, and runs the line of
Lots 9 and 10 S. 704 E. 19.Wo chains to a stake in a path; thence S.
21-7/h M. 13.70 chains in Urs. George E. Prince's line; thence as her
line N. 52-3/4 M. 19.45 chains to a large poplar in the run of'Tarkiin
Branch; thence up the run of the said branch to the BEGINNING. Contain-
ing 19.1 acres, more or less. This is the same land described in deed
from Jasper C. Jernigan and wife, Rosie T. Jernigan, to Randall L. Hamil-
ton and wife, Virginia M. Hamilton, dated October 21, 1953. and recorded
in Book 349, at Page 73, Harnett County Registry.
TO HAVE AND TO HOLD, the aforesaid tracts or. parcels of land
with all privileges and gjpurtenances thereto belonging to said parties
of the second part, their heirs and assigns, to their only use and
behoof forever.
And said parties of the first part, for themselves. their heirs,:
i executors and administrators, covenant with said parties of the second
(\ part, their heirs and assigns, that they are seized of said premises
in fee and have right to convey in fee simple; that the same are free
and clear of all encumbrances and that they do hereby warrant and will
forever defend the said title to the same against the claims of all
persons whomsoever.
IN TESTIMONY WHEREOF, Said parties of the fast part have hereunto
• set their hands and seals, the day and year first above written.
'VAIN u"Likk RN [ism GOW1 .
nM op" rettlfoi► •t .lac A4j C �•,f�.e3..� 11.�` /� ,. L -
bounty is sdisdtsd b DI 0"Od. 7'f /t.y, .Y�I1 // .,� (SEAL)
it yl �tb tx�tiufit M ts1. Randall L. HOM1 ton
• ar nia W. Hamilton.
a
NORTH CAiDLINA,
HARNETT COUNTY.
1, Cecelia C. Godwin, a Notary Public, hereby certify that Randall
+ L. Hamilton and wife, Virginia*. Hamilton, personally appeared before
r me this day and acknowledged the due execution of a foregoing Deed
of Conveyance.
WITNESS my hand and Notarial Seal, thts . day of Dec.. 1963.
E
1012
,,,YUTARY PUB IC
M.k CAwME•.Li.n +.pIres: 1-12-ba

ANIMAL OPERATION INSPECTION FORM
I. Date of Inspection(s): July 23. 1999
2. Regional Office: Fayetteville. Water Qua] USecljon
3. Name of Owner Of Property: W Hamilton -Jr- (CoM of -Deed attached
4. Name of Operator: Mr. R_oI] llr k H _ 'tan
5. Address: Rt. 4. Box 703
unn NC 28334
6. Phone Number: [phone]
7. Description of Facility Location, Map excerpt attached.
The Lam located Qn the east side of Un y 82 approximately .7 milg 5guth of SR 1736
South of Elwin. NC.
8. Date this facility began operation: ik fam has b= in W1 opemtionsince January 1. 1972,
9. Date of last expansion: No expansion
10. Has the facility registered with DWQ? YES NO_
If yes, date of registration 12/15/93
11. Does the facility have an approved Animal Waste Management Plan YES NO_
Is one required? YESX NO_
Date Approved: Most 10, 1995
12. Has this facility received a CAFO Designation? YESX NO_
If yes, date issued: 2! 5 3
13. Type of Operation: Swine. Farrow to Wean
14. Number and type of livestock: There were approximately1a500 farrow to wean hags pre�en_t p
theme of the inspection.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any
12 month period. Twelve (1 2) months-
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? Yes. the farm was designed to have approximately 150 acres of crop
jand. on w 'ch to gpplywaste. The certified waste managememt 121an calls

Page 2
17. Type of Waste Management System: Swine are kept in total confin ent free stall b
concrete or with flushiniz c Waste is flushed,aseeded a channels d o
into the waste IAQoon Ustem. The Jagoon Vstem is co=sed of one a from which
wag eak pumped to a =Hcation fields via a mobile rggl and.�pru gm=stem_
18. Description of other animal operations in immediate vicinity and proximity to same or o t h e r
surface waters: was noted IM there is One-ther-swine farm located in the �me vicinity as this
&— tX which is run by W Hamilton's broom. But there are,none on this Micular unamed
tributary.
19. Proximity of facility to neighboring houses, wells, etc.: 11 was noted the Qwm-er's residence
is 1 ca ad' ce t to this fiwlUs a few-othera arb
20. Approximate depth of ground water table in the area of the facility or discharge: unknowk
21. Proximity of facility to surface waters: There is an unnamed tribu_t�located�pproximately 50
feet Qn the north side of the lagoon,
22. Animal waste discharged. Swine
Witnesses: John Hasty, DWO Fayetteviile Regional Office [phone].
Robert Heath DM Fayetteville Regional Officeg(919) 48§-I 1
23. Are pollutants discharged in the waters of the State? M
If so, how? The
Services advising that
Eayettgville regional Office received a call
they had investigated a reported fish kill
in the Hmett
in the area
County
on 7-22-99.
Emergency
in the evening
hours. It was too dark
for the Harneit Countyt
the
e o
'was
$u=cted that theLe
was waste in the tributary.
On the
following_mornin,g
17-23
9) it AM
determined that there
was in fact waste in the tnbutaa
and that
it had _come
from the
Hamilton swiyg
arm. The Fuetteville Re6ional Office w notified
and staff
arrived at
t e hm
t -conduct e
investipatiQn. The inve
ig tion revealed at a blockage
had occured
in the
b m and
that the LQUele
ppmp had been left
on to cool the hogs The waste
backed W
ire the house and escaad
the building
d gnterd a dLy-mioniditcb
w 'ch cauied it to
the unnamed tributm to
ft CM
Fear River.
24. Do or have discharges occurred in response to a storm event less severe than the 25-year,24 hour
storm? Yes, this incident was not storm related.

Page 3
25. What is the degree and extent of harm to the natural resources of the State, to public heahhor
to private property resulting from the violation?: The discharge has caused the introduction of
nutrients into the receiving waters, that np-y cause or add to the ssib t o al al
blooms and accelerated j ati n of tbje- slow moving waters -of stmam
Also, sa-=Ics tAen indicate elevated -fecal co iform levels downstream of the faciihL
Sample results:
Saple-Locatio 2/17/97)
. _ .�, _r.•• , Is
rS , i
Coliform. Fecal / 100m1
55-000
54.QOO
5-700
1,081
126
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS
AND PHOTOGRAPHS FOR MORE INFORMATION***
Therese no known public health issueg at this time. Waste di5charges_of this nature
may. based on comments from Dr. M.A. Mixson North Carolina DeaMmot oL
ASjdcujqMe, V to ' ran rt s a dise=s if conditions We a
26. What is the duration and gravity of the violation?: e owner, MI. hon.scat d
recycle pmps d been to ow the o s c l h run for a l
twe four hQurs.It is estimated that appro ' toy 1 OO.QQO gallons of � watg�ha�
exited the buildings during this period.
27. Water Quality Assessment: At the tirneof the iWection_ the discharge flow had ceased and
soil berms had been constuctgd at the swine hour and along the diversion ditch to_coMain
the waste,
28. What is the cost of rectifying the damage?: The writer observed no areas thatcLanp
activities would be recommends&_

Page 4
29. What is the amount of money saved by noncompliance?: Based _on obsciations made
dubng the inygstigations- none,
30. Was the violation committed willfully or intentionally?:
YES _ NO Y
Explain: The operators -should have checked to ensure that there was nothing f locking the
nine. but failed to do so,
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: The Hamilton Farm has
had Ug previous record of violations from itja's far3m site,
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing:
$
6.00
Mileage: $0.20 per mile for 70 miles:
$
14.00
Fecal Coliform ($22.00 per sample) * 5:
$
110.00
Deed procurement
$ 2.00
Total
$
132.00
Robert Heath @ $ 17.62/hr
1 hours - Drive Time
$
19.34
1.5 hours - Investigation
$
29.01
hours 2.5 total
$
48.35
John Hasty @ $19.34/hr
1 hours - Drive Time
$
19.34
1.5 hours - Investigation
$
29.01
5 hours - Report Developement
$$ 96.70
hours -8.5 !QW
$ 145.05
FaulRawls- 1Hour Supervisory review $ 29.10
Central Office Review $ 100.00
Total $ 454.50

Page 5
33. Type or general nature of business: Swing. Far�w to Feeder Operation
34. What is the violator's degree of cooperation or recalcitrance:
Rormic Hamifton has ooperated W staff and hia basr et the
FU-q-tieville Regional Office.
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC : e flow had gomd by the time t v i t'o
b. Receiving Stream : UnnarnedTnhutary to thg C= Fear River,, Class "C-$W" Wags
c. Damage Yes _ No .2L (Based on observations at the time of the investigation)
If YES, include report from Wildlife Resources Commission.
37. Include a c py of any Designation letter signed by the Director.
38. Recommendations Made to Owner/Operator:
I- Perio icW)ycheckhouse drains wb& running reeYclepUUn.
2-Take my action to Prevent aM future discharge of wage.
39. Recommendations for further DWQ Action:
- Notice -of Violation (Forwarded July
-E oActian
40. Other Continents: In swumM. i is the opinion of this writer thg the discharge
waste was not intentiomL however„„phy ica] Rgiodic cheeks of the system are recommended
while pinning therecycle pump ere was only one deadl l—seen wring the investigation
and ]Dumerous live minnows and other organisms in the rggeiving stream,_

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HARNETT
IN THE MATTER OF
RONNIE HAMILTON
RONNIE HAMLTON SWINE FARM
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
File No. DD
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, 1,
Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the
following:
1. FINDINGS OF FACT:
A. Ronnie Hamilton operates a concentrated animal operation in Harnett
County.
B. The Ronnie Hamilton Swine Farm was deemed permitted . as a
nondischarge facility on December 15, 1993, in accordance' with 15A
NCAC 2H .0217.
C. On July -23, 1999, DWQ staff observed a wastewater in an unnamed
tributary to the Cape Fear River which had originated at the Ronnie
Hamilton Swine Farm from one of its confinement houses to the
tributary which are Class "C - SW" waters of the State within the Cape
Fear River Basin.
D. The Ronnie Hamilton Swine Farm had no valid permit for the above
described activity.
E. The cost to the State of the enforcement procedures in this matter
totaled $ 454-50 .

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A Ronnie Hamilton is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S.143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 2H .0217 and G.S. 143-215.1.
C. The tributary too the Cape Fear River constitutes waters of the State
within the meaning of G.S.143-215.1 pursuant to G.S.143-212(6).
D. The above -cited discharge is a violation of the nondischarge permit.
E. Ronnie Hamilton may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more
than ten thousand dollars ($10,000.00) per violation may be assessed
against a person for failing to act in accordance with the terms,
conditions or requirement of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against
David Lynn Sinclair pursuant to G.S.143-215.3(a)(9) and G.S.143B-
282.1(b)(8).
G. The Director, of the Division of Water Quality, pursuant to delegation
provided for by G.S.143-215.6A(h), 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:
1I1. DECISION:
Accordingly, Ronnie Hamilton is hereby assessed a civil penalty of:
$ for discharging waste to the waters of the State in
violation of 15 A N C A C 2H. 0217.
$ TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143 - 215.6A.
$ 5�� 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:
E
(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.
(Date)
Kerr T. Stevens, Director
Division of Water Quality

Division of Soil and Water' -.Conservation - Operation Review -
-µ Division of Soil and Water'Conseryadon'- Compliance Iaispectton x
Division of Water Quality "Compliance Inspection t
Other Agency - Operat on Review
_ -
JoRoutine 2,Complaint Q Follow-up of DW2 inspection Q Follow-u of DSWC review Q Other
F-- Facility Number - Date of Inspection 7-Z3-9
Time of Inspection 24 hr. (hh:mm)
© Permitted 13 Certified ❑ Conditionally Certified Registered r� 13 Not Operational Date Last Operated- ..........................
Farm Name: ... k2W'4-t°....... ! T4 / ...` ....G? .......
..................................... County: ....... �%�� rl. e//............-..........................
Owner Name:.. f G��r�i�. ........ ............ ' ' ""�t�,./M- 4 Phone No: `1 Z — SS `l Q..................................
Facility Contact: �� �. �... �
._._..................... .......---........................... Title:. ...................
Flailing Address: ....
ZN.t.:......� �....��.....703...............................................
On site Representative:
Certified Operator:
Location of Farm:
Phone No: ................... .............
u rt.n. .................................Z Sr33�..
f/..................... ......................
Integrator:-----`d`................................... �....... ................................ ..
Operator Certification Number:
i....................................................................................................................................................................................................................................... i
Latitude Longitude
Design Current
Design Current
Design Current .
Swine. Capacity Population
P0etltr3'
Capacity Po ulation Cattle
Capacity Population-,,
Wean to Feeder
❑ Layer
❑ Dairy
❑ Feeder to Finish
10 Non -Layer 1
10 Non -Dairy
❑ Farrow to Wean
-
Farrow to Feeder
QO
❑ Other
❑ Farrow to Finish
Total Design Capacity
Gilts
El Boars
Total SSLW
Number of Lagoons 113 Subsurface Drains Present ❑ Lagoon Area 10 Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System - R
Discharges & Stream Impacts
1. is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field Obther
a. If discharge is observed, was the conveyance man-made?
b- If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Dees discharge bypass a lagoon system? (If yes, notify .DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? Spillway
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier: i
Freeboard(inches): .......-..3.................................................................. .................................... .
5, Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
3/23/99
9Yes ❑ No
❑ Yes KNo
Yes ❑ No
s Jj No
❑ Yes KNo
AfYes ❑ No
❑ Yes allo
Structure 6
[]Yes ANo
Continued on back

aty Number: Date of Inspection
j. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type
❑ Yes
#NO
❑ Yes
No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
15.
Does the receiving crop need improvement?
❑ Yes
❑ No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Required
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
❑ No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21-
Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
❑ No
23.
Did Reviewer/Inspector fail to discuss reviewlinspection with on -site representative?
❑ Yes
❑ No
24.
Does facility require a follow-up visit by same agency?
Ayes
❑ No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
- : �3� •violatiQris -a� def �ciencie� mere poted- daring �h�s:vis�t} - Your :wii� •�eceiye �o fuTt��r • ' -
rorrespon�ence: a�' f this visit :: :
Comments {refer to question #) Explain any YFS answers and/or' any recommendations or any other comments ,
Use drawings of facility to better explain situations{use additional pages as necessary)
Ca jl' talks recei L:tJ cCZ ke.. ryency 9t r.� ��! Cr ci.r�.+c� aw S Con+Ja ec�
�5 %h v- F12df c- B: 3o o- ^, . d.� f=r,� I -7- 2.3, 14rs &W (2&, Em&r9eti� ,Serf, C-e S
ko'j �►.Jes't��d-rect —sk k.1j �•- 'ke �-reu- 4o,—rZ....-5J. , �--�JC/►•�:o.j p�
Ca•11ed �-Le � 1 f Co.S gr►�Crr�ee+c i?D4,rl #. �1L lL�urS eJeivir. fictr&e CL!
-�, !.� - t �I-k 5 fc. �r k •!f A Fri �ra>`k i 1
lf j I rrsl „1 e I eyy Sol urc e c l �^ 1e t1 G4,��y7� / i�I I
�TWaS�eiat;ne11,a� c,>aST�G Qr� rsc e5[0.Ke
CSwl,xe /~grrA �rCe 7� a-S�+Ppt'd p+ p_ . 4 �iw.e n-r f- t.i5 intledc'fal,s.t a.cl
er.e ,F�`srt wc�s ��.►.� dpaci CLO_ K1Q"lely Z i►tr �ro.+, fie t�srt • Nu><sereus ��'re T
/►dj-^DWQ w.31�_.ot,��r�ra alt ati0^1 Me
Reviewer/Inspector Name j T f��Gl�'.'%%a *� •
Reviewer/Inspector Signature: ( J,4� 1(Ly4::;e7 Lllog- Date: 7-2
3/23/99

DEEDS AND
MORTGAGES
� 441 '
The foregoing three tracts of land are the Ldentical lands
described in deed from J. E. Warren and wife, Janette T. warren, to
Randall L. Hamilton and wife, Virginia W. Hamilton, dated December
20. 1951, which is recorded in Book 331, Page 520, Harnett County
Registry.
FOURTH TRACT: Being Lot No. 10 in the division of the D. H.
Truelove land, as shown on Map recorded in Map Book 4, Page 11, Office
of Register of Deeds of Harnett County, and described by metes and
bounds as follows: BEGINNING at a stake -and pointers in the run of
Tarkiln Branch, corners of Lots Nos. 9 and 10. and runs the line of
Lots 9 and 10 S. 7r,% E. 19.S.r, chains to a stake in a path; thence S.
21-7/H W. 13.70 chains in Nr.s. George E. Prince's line; thence as her
line N. 52-3/4 W. 19.45 chains to a large poplar in the run of'Tarkiln
?
Branch; thence up the run of thesaid branch to the BaGINNING,.Contain-
:
ing 19.1 acres, more or less. This is the same land described in deed
from Jasper C. Jernigan and wife, Rosie T. Jernigan, to Randall L. Hamil-
ton and wife, Virginia W. Hamilton. dated October 21, 1953, and recorded
in Book 349. at Page 73, Harnett County Registry.
TO HAVE AND TO HOLD, the aforesaid tracts or -parcels of land* '
with all privileges and zppurtenances thereto belonging to said parties
of the second part, their heirs and assigns, to their only use and
behoof forever.
And said parties of the first part, to.r themselves, their heirs,..
executors and administrators, covenant with said parties of the second
0
.Ails10M Wluno3 110uJ9H 'S9C *Bea 'C V-C Moog oil,
POPJOoaa l.Jodag sJ;iuoTssywmoO of buTPJo3ae 01eis3 OAOTanJ1 •H 'Cl 041 Jo,
'ATp .041 UT g *ON 101 sT Pug 64JlsT50a XlunOO 11OUJOH 'ftt aBOJ 'CSC.
400g UT PapaooaJ 'SC6T '6T TTJdv pozep paoP Aq 'Puegsn4 puv uolTnow
•V euaa Aq uaJJeM •y •r 01 PaA2AUO2 12eJ1 aJ3v b'OT 041.Puv '4J1sTbag
AlunoO 110U"14 '00 0694 'CSZ Moog ur papJO3aJ 5CE6T 'dZ 'qaa Pol UPI
paap Aq uasaex allauer of 'puegsn4 Pue uolTnoN •V eua}l Xq lovil aJae
it -Of a4i jo pasodmo3 aT 139J1 pies •saJ3e g•OZ buTuT4luo0 'JJNTNN103A'
041 01 43ueJq ptes Jo unJ 041 do a3ua41 !43ueJg uTT�IJVL JO unJ-ul $Jai;
-ufod pue axvls a of sure43 L6•ZZ 1s4M %9L 41JON PTatJ a47 46noJ41 6 0
g sio7 Jo OUTT. se 0Ou241 `6 R g 110-1 Jo J2u4a3 e. '410d uT 41els F ot.
'543 0S'TT,1saM 9/L-1Z 41nOS 41ed so 03u241 '.JauJo3 Teu.T6iJo a.%ofanJJ,
-se3Fq ayi '41ed uT 21e15 e'oi su1e+13 ys'Z.Z 1S03 R/L-f8 41n0S '$ R
L sio-I Jo auT.T se suns pue 'g 9 L 5107 Jo J4uro3 441''43ueJg ufT1Je1
to unJ' aui uT sJalutod gl1a awls 9 1v 9NINNIM9 :j_3yg1 (1VIII.L

DEEDS AHD j
MDRTGAGES ;' 441 V -
v iwni rARni.I %A.
111N \1'1 ' � is \•1 1 -
THIS DEED, Made this ! l th day of December. 1963, by RANDALL L.
IIAMILTON and wife. VIRGINIA M.-HA.MILTON. of llarnett County, North Caro-
lina, part ir% of the first hart, to CARL HAMILTON, .IR arld �rSfB;
l;t.E I)a IiA-MILT()\. tar Ilarttrtt rounty. North t•.11•411-irm, parties, of tree
;rcttticl hart;
N I T N E S S E T II:
Teal %aid parties of thr first part. in con&iitrratlull c•1
Tho-u%and 8 Nt►. IM Dollars and other valuabJe considerations to them'
paid h} •aid parties of thr %econd hart, the receipt of which is hereby
acknaxledyrd, have bargained and sold and by these presents do bargain,
�rl 1 d"d 4:41n%r% to said partie..c of the'second part. their heirs and
►ls%Ittn%. thus• certain tracts or parcels of land lying and being in '
Duke Totnn.htp. Harnett County, NorthCarolina, hounded and described as
t .0 1 l,0%.:
FIRST I'RA(T: BEGINNIW. at a stake with pointers in the run of
voi k s In Hi ano•tt, Ilse corner of Lots 5 & 6 in said branch, and runs as
tit% idtna.l line- of 5 a to South 84-7/8 East 21.35 chains to a stake in
the Lucas Truelove Iine; thence as that line South I West-6.85 chains
to a stakes in said line in path, corner of Lots 6 8 7; thence; as line
of Lots to All 7, North H4-7/8 West 19,65 chains to a stake with pointers
in the run of Tarkiln Branch; thence up the run of said branch to the
HE6 1NNI%, Containing 14 acres. And bring the same lands .conveyed to
J. E. Marren hy'Mrli,sa Bruck and husband, W. F. Brock by deed dated
Feb. J4. 1939 and recorded in Book 269. at rage-77, Harnett County Reg.
SECOND TRACT: BEGINNING at a stake with pointers in the run of
Tarkiln Branch. earner of Lots 6 8 7 in Branch, and runs as line of
Lots 6 8-7, South 84--7/b East 14.65 chains to a stake in path and in
Lucas -Truelove original line; thence as that line South 1 West 8.00
chains tpp a stake in the path, Lucas and Truelove Corner; thence as
line of Lott 7 &.K. North 84-.7/8 Nest 22.54 chains to a stake with
I+nentrr. in thr ran of Tarkiln Branch; thence up the run of said branch'
to the BEGINNI.Nu, Containing 16-3/4 acres, and'heing Lot No. 7 in the
division of the D. H. Truelove lands allotted to Janette Warren by.
t-olnrtli%%ioners Rrpurt recorded in Boob 243, at Page 365. Harnett County
iN• � t s t t��-

� FILED
���
BOOK t eel PAGE 33
9510903 '95 5EP 8 PR 2 27
GAYLE F. HOLDER
rr.�parad by: W. Glenn Johnson, ftPjlXfF gftE%a BA 69, LMington, NC 27546.
tiARHETT COUNTY. KC
PARCEL ID NOS: 06-506 M
12-0695-0001
NORTH CAROLINA,
DEED
HARNEIT COUNTY.
TEE DOD. Mack and entered hmu this September 7, 1995. by and between CARL
HAMU,TON, AL, widower. Rome 4. Box 703, Dunn, North C arolim 28334, granter, and
BONNIE CABL HAMILTON. Route 4. Box 703, Dunn, Nertb Carolina 23334, grantee;
MUINESSETH:
That for and in consideratron of his love and affecting for the grant m, the said grantor
has bargained and sold and by these prew= dam hereby &&, 8mat, bargain, sell and convey
open the said Donnie Carl Hamilton, his heirs and an lops, subject, however. to the life estate
of Cali Hamilton, Jr. herein reserved, time amain tracts or parcels of land sham and being
in Duke and Ste wart's Cmek Townships, Harnett Goanty. North Coolirm and described as
follows:
PARCEL : BEGINNING at an aching 1 119 inch sgtrane steel rod, said rod
being the non corner for the Carl Hamilton, Jr. and wife, Glenda Hamilton
14 acre tract known as Text I of Deed Book 441, at Page 124 of the Hargett
County Registry, and rags as the old propeny line between Hamil m and Beard,
Nord 84 degrees 44 minutes 54 seconds West 1429.94 feet to an iron stake, said
stake being located 53 fen east of a ditch (formerly Tar Kiln Bmnch), with corner
supposed w be in the ran of the branch; thence as the run of the branch, survgcd
and iron stakes set along the eastern bank of the ditch that was fwme ly Tar Kiln
Branch with the old property lines of Hamilton and Antioch C hutch, the Bell
Family Land, and Harper Tripp the following courses and distances: South 13
degrees 34 mirnttes 47 s, � 4 c East 270.81 feet to an iron Oak 13 feet east
of the ditch,, and South 16 dcW= 52 mimrlr: U7 smatds cast 245.40 fea to an
ion stake located 14 feet can of the ditch, and South 3 degrees 46 minutes 18
seconds West 68.69 feet to an iron. stake 16 fax east of the dit* and Saudi 13
dcgroes 55 inhu es 33 tasxzo& West 144.99 feet to an iron stake 15 feet east of the
ditch, and South 19 degrees 39 minutes 33 sec m& West 289.11 feet to an iron
stab 19 feet east of the: ditch; thence a new line, South 79 degrees 26 minutes 22
seconds East 1416.66 feet to an iron stake in a path said :talon being the line of
Alvis wood; thence as the old property line of wood and Hamilton and running
as an old path, North 20 degrees 31 mitaaes 32 centred: Fast 137.74 feet to an iron
stake, said stake being the sawn awntr for the Carl Hamilton, Jr, and wife,
Glenda Hamilton 16 314 arse tract recorded as Tract 2 of Deed Boole 441, at Page
124 of the Harnett County Registry and being the northsastem eornes for the Carl
Hamilton Jr. and wife, Glenda Hamilton, 20.8 acre tract recorded as Tract 3 of
Deed Book 441, at Page 124 of the Hargett Counay Registry and being the
southwestern corner for *e Cori Hamilton Jr. 36.5 acre tract recorded m Deed
Bade 349, at Page 623 of the Hartnett County Registry; theahce as the old property
line and path between Tract 2 of Deed Book 441, at Page 124 and the: 36.5 acre
s3u

tract, North 0 degtas 40 minutes 27 seconds West 229.74 fret to an existing iron
Pam, said p�pe, bdg a a3n= far Casper Tart Jr. and being the nordiwestern
cm= for the 365 acre tract; theme as the dd p qxM line of Hamilton and Tart.
Nash 0 degrtxs 56 mitzn 30 strands West 74957 feet to the point of bt;gmabg
and conraihhs 32.79 aat:s, mere or less, within the traverse. Tice sera bomm dha
ttaverm line and the ditch ountaim apprmhzmatcly 032 ages leaving a total acreage
in this tract of 33.11 takes and is Tract I as Amu an a map for Cart HaxaMony
Jr. and wife, Glenda Hamrltan d*d October29,1992 by W. It. lambert, R.i.S.
Thw a is conveyed with the above mfenewW parwJ a right of way and easemmt
for the purposes of ingress, egress and regress. over and across the bids of the
grantor, said right of way and easement being more particularly described as
follows.,
Beginning at a point in the cenzedim of SR 1776, said point may be hx�wd by
beginning at an existing I inch iron pipe, said Pipe being the northeastern coats
for the B. F. Hamilton 2.801 acre tract recorded in Deed Book 879, at Pages 31-32
of the Harnett County Registry, and 11 as as ademion of the trnuthmm
property lima of the B. F. iiamtlmn 2.801 acre tract 29.69 feet to a point in the
rsrite Bw of SR 1776; d= running m the eeatar of the road North 17 degrees 03
minutes 10 seconds West 32851 feet to the BEGINNING POWT; t nor from
said BEGINNING POINT, runs as tee cmarline of a 50 foot wide eases,
South 57 depees 56 minims 50 seconds West 600.0 feat to a point, thecae as the
centerlim of a 50 foot wide emment. South 75 deg= 26 mitunas 56 secaarda
West approMmately 1690.99 fea to a point, Soutt'22 dWers 45 h
52 sec West 25 fea to a point in the old pmpe ty line between Hamilton and
Alvis Wood; thence as the sauffirrn chide of a 50 Coat wide easement, North 67
degrees 14 mutes 05 seconds West 900 feet to an iron statz, said stake being a
joint oarntrr far Alois Wood and Hamit mn said stake bon the vouthwestern
came= for the Carl Hamilton, Jr. 36-5 acre tract nxarded in Dead Book 349, at
Page 623 of fhe Harnett County Registry, and :aid stake being the nordmaster'n
corucr for the Carl Hamilton, Jr. and wife. Glenda Hamilton 20.9 at=e tract
recorded as Tract 3 of Deed Book 441. at Page 124. Harnett County Registry, and
the southeastern corner for the Carl H>hmitta n Jr. and wife, Glenda Hamilton 16
314 sate tract recorded as Tract 2 of lead Book 441, at Page 124 of the Hum=
Couary Registry; thence as the eastern side of a 25 #rot wide easement, Saudi 20
degrees 31 mirnfts 32 seconds West 137.74 feet to an iron stake, earner for Tract
1 and Traci 2 of the Cats namilton, Jr. and wife, Glenda lisunrlton Division as
shown on a map dated October 29, 1992, d— cambx* as the eastern property
line of Carl Hamilton, Jr., and as the eastern side of a 25 foot wide east,
South 20 degrees 31 minutes 23 seconds West 1149.12 feet to the southeauern
corner for Tract 2 of the Carl Hamsloon, Jr. and wife, Glenda Hamilton Dl k*m
as shown on a map dated Ocu ber 29, 1992 With the. above descrihed 600 foot
line being the ere mdine of the 50 foot wide easemem and the above described
approximately 1690.99 foot line also being the centexiine of the 50 foot wide
casement and the above desc *W 900 foot lip being the soul= line of the 50
foot wide easemem and the above described 137.74 foot line and the 1149.12 foot
line being the eastern line of the 25 foot wide easement with the purpose of the
easement being for ingress and egress.
t PAR t_TNO: B,EGDDCNG at an iron stake at the high bank of the Cape Fear
Rives. said stake being located at the south end of Red hock Lode, said stake also
bring a caner for the Inez Corbin 2W acre 'Will dams Tract', turd runs as tee old
'line of Cad Hamilton, Jr. and Corbin, North 67 degrees 05 mimhaes 44 seconds
West 48.57 feet to an iron stale set an the property line; thence. as the old line of
Hamilton and Corbin, North 67 degrees 05 mkuks 44 wounds West790.45 feet
to an existing iron pipe at the inu= muoa of , corner chops wme also f rod;
G31

as the line of Hamniton and Corbin, and as a direr, South 7 deg 1 1 59
mi at 05 seconds West 2184.31 felt to an eis&g iron sash, at the Wteisecdon
of dmches. theme as the old lime of tiaM&m. South 63 degrees 27 tninutees 54
seconds west 152.95 fleet to a set iron =h-, &mze as the tine of Hamlma and
Corbin. South 22 degrees 20 mhom 00 sc=& West 795.0 5eet to a setW8 inch
steel rod ova a the that is at the northera'side of a 50 feet wide r4 t of soap.
thecae as the line of I4aru0ma and Corbin. Nardi 85 degrees 00 mitar s 00
seconds Weal 500.00 fat to an exisft riete monnmeat; theutice as the line of
Hatwlaon and Corbin. Nadi 78 degrees 40 mimttes W setaottds West 650.13 fen
to an existing connaete Monaniettt; the nee as the line of Hamr7ton and WeRans,
South 22 dqp= 19 minutes 31 seconds West 671-3 foot to an iron statue, a new
corner, also a caner for Tnau 92; theeee as a new IWB and as the line betvm m
Tract 01 and Teat* #l, South 83 degrees 21 minutes 53 seaoads l a 2855.68 iced
to an iron stake at the high bank of Cape Fear River. a new corner, thence as the
run of Cape Fear River, measured e3>ar>g the high bank, the following courms and
dlsmn=. North 9 desert 57 mirmtcs 25 scooads West 199.35 feet to an itan
stake, and North 12 degnm 12 tnimues 35 seconds West 200.95 fret to an inon
state. and North 5 degrees 55 mitmux 20 seconds West 275.24 feet to an irim
stake. and North 8 degrees 24 minutes 00 s000sds West 192.41 feet to an drum
state, and North 0 depm 23 tames 05 seconds Fast 391.94 feet to an iron
smke, and North 6 degrees 45 minates 40 sew East 571.28 feet w an inm
stake. and North 7 degrees 33 mi-12- I0 saaonds Fast 201.51 fret to an iron
stake, and Mutt 2 4egrees 37 minutes 20 swan& bast 319.44 fees m an fines
state. and North 7 desires 14 taitmtes 10 sxoods East 300.11 feet to an roan
staloe, and North 4 degrees 01 miner,15 se ounds East 197.23 fen to =iron state,
and Nra th 4 degrees 36 minters 05 seconris Fast 42016 feet to an iron state, and
North 2 degrees 37 mints 55 seextnds West 176.44 fen w the pout of begin
and contains 101.14 acres, roar, or leas:
There is conveyed with else above rr%rmoed pamd a 50 foot right of way and
caum ri'for the pmpms of ingress, egress and r,glt>ss, over and across rho lands
of the grantor. said right of way atd enememt being mane pudcub* curetted
as follows:
Begin at an ed tmg act cm momm em, said monzauem being tie joint coiner
between Carl Halton. Jr., Weliams, and Inez Co*in's 200 act, 'Williams
Tract", said monument may also be located by beoming at a P.K. all over It
culvert in the center of SR 1779, and running as the center of she read. North 78
degrees 48 minutes 19 seconds East 748.80 fact to a P.K. nail, and Na7h 65
degrees 22 mhavm 18 seconds taet 224.64 feet to a P.K. nas7 and then running as
the of an existing path. South 66 degrees 11 to 21 seconds Fast 189.63
feet m an h m sum and Smith 68 degrees 33 mitmiea 31 smonds Farr 516.83 feet
to an inm stoke, and South 67 degrees 04 mimeses 41 seconds Fast 506.74 feet to
an iron state, and South 77 degrees 50 tairmtts 31 seconds East 6Z7.0 fees to the
BEGWNFNG PDWI; thence fim sod BE DOING POWr, rums as the nm* n
side of a 50 foot wide right of way and as the line of iiam0om and Ica C=bin,
South 78 degrees 40 inhuttes 00 seaa>yds Exist 660.13 feet to an existing concrete
moaxurueat, and Saudi 85 degrees 00 minus 00 seconds Fast 5W.0 feet to a sel
519 iurh stet] and Over a isle,' thence traversing frotr the northern side of a 50 foot ,•
wide right of way to the sontitera side. South 80 deVaes 09 unimtties 11 seconds
Fast 1047.69 feet w an iron stake.; thane. as the wasters side of a 50 foot wick
right of way, South 5 degrees 27 minutes 31 seconds Fag 642.23 feet to an iron
trader, and South 36 degrees 41 wintmes 08 seconds West 568.48 feet to an iron
slue, and South 35 degrees 24 minnres 23 seconds Wrist 1024.36 feet to an iron
stake, and South 39 de Bras 08 tniantr s 58 seconds West 1053.90 tees to an iron
stake, and South 38 degrees 25 minutes 08 seconds West 440.73 feet to an iron
stake, said stake being in the property line between Tract 03 and Tract A, and
632

bung located North 62 ilrgecs 09 mums 02 seconds west 1431.49 feet from an
in m stalae at the high bank of the Cape Fear River that is a joint comae for Tract
04 and Tract 03, and being located SoudL62 degrees 09 minutes 02 txconds East
1645.4 felt #rem an iron stake m the: live Of We Mons that is a joint corner for Tract
#4 amd Trtd 03 with the: above & abed Tines being a 50 foot wide for
the purpose of ingre s and egress frm Tracts A. 02, P3. and #4 of the CA
Hamt"tom, Jr. Division.
The herein desriibed lands are conveyed arirjax to the Life;Pit est- of the said Cad
Hamilton, Jr., and the grantee ocknowledges and cavanamts that he: is ac guir*
said tao& subje a to said outstanding life estate.
TO HAVE AND TO HOLD said lands and premises, together with all privileges and
appurte=oces thcrzu= belonging, mars the grargee, his hens and assigns, to their only use
and behoof forever, subject, however, to the life estate herein reserved to and by the said Cad
Hamilmn, Jr.
And the grantor, for himself, his bens, eaeeeuun and admimistratms, covenants with
the gtamix, his heirs and assigns, that he is seined of said premises in fee and has tht riot to
convey the same in fix simple, that the: same are free and clear from all emcumbtanoes, smd
that he does hereby forever warrant and will forty dedemd the tide to the same against the
daims of all persons whomsoam.
IN WITNESS WHEREOF, the grantor has hum= at his hand and seal the day and
year first above written. r,
MAL)
CAL HAWLTON, AC
NORTH CAROIJNA,
HARNE.rr COUNTY.
1, a Notary Public in and for the aforesaid State and County, do hereby certsfy that
CARL HAMILTON, JPL, wk m+ve;r, personally appeared befm me this day and ackwwledged
the due examdon of the foregoing im�. Let the insmimem with this oertsf=ne be
registered. -
Witness my hand and notarial seal this - t� day of September, 1995.
&,A& V -
were erobrra es
theurep
cB ante d e c
My qOMM, • E. Vi= 9/ak
.0
P �9Tta surmprrr vm areseihted for ram,
and recorded in fetes oe at Book 1� tMLIP—&'
s S pvB1.�G ��= Ths��at 192ja,
.,��,9� y►r a'clodh � t � 6all
33
'4. Q„

Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
(910) 864-3.920 1 [phone] (FAX)
AIR - FUEL - WATER - FOOD
CERTIFICATE OF ANALYSIS
CLIENT: HC DENR - DWQ
1ESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. John Hasty
ACCOUNT NUMBER: #)KN003
SAMPLE. ID: I. Effluent - ID #99WE75647
2. Entry ID #99WE75646
3. Upstream - ID 999147;75649
4_ Downstream - ID #93wD75650
tic 411
NC: 437714
USDA #3767
WASTES
CERT #27425
DATE REC'D: 07/23/99 SA14PLED: 07J23i 99
SAHPLED BY: J. Hust:y
DELIVERED BY: J. Hasty
SAMPLE CODE: Waste water, Grab
REFERENCE. Hamilton Swine Pond
5. Cape Fear River - ID #99WD75651 � A
S�
DATA REVIEWED BY: Z'
M DATE REED' RTED: 08 43199
i++++*+++*++++i+++++*+ +*+++#++#+ +*+++_t i.*+*++++*+++i*++#*+#+,r+#+****++ +++*+*++*
ANALYSIS BOMOD 1 2 3 4 5
4-+4+++r•++++4 k++i+++++++++.i++*++*++F++++*+4{t+++4++d-+++++i+4-1-*A 3 *}{+1, � J,a�6L4-+4++a-k dry;+ -}a+
COLIFORM, FECAL (per 100 ml) SM18 9222D 55000 54000 5700 1081 126
COBS: < - Less than
Greater than
WAGE 1 OF I
a NR+KU
DW_
The data and other hdorrnetlon contained on this, and other aaempanyinp do[vmants. represent only the sample(s) analyzed and is MEMBER
rendered upon the condition that It Is not to be reproduced whogy or in part for adveNsing or other purposes without written approval
tram the laboratory. o.- _ ' -
USDA-EPA-NIOSH Tasting Food Sanitation Consulting Chemical and MiaobiobgW Ana4rses and Research

MEMORANDUM
Date: October 21, 1999
To: Coleen Sullins, Section Chief
Water Quality Section
Through: Paul Rawls, Water Quality Supe r
Fayetteville Regional Office
From: John Hasty, Environmental Specialist
Fayetteville Regional Office
Subject: Recommendation for Enforcement
Discharge of Animal Waste to Surface Waters
Ronnie Hamilton Farm
Facility Number 43-08
Harnett County
Please find attached the fast track enforcement package pertaining to violations by the subject
swine facility.
The attached inspection form will detail the basis for the action as well as a list of assessment
factors.
This office feels that enforcement should proceed due to the following reasons:
• The subject facility allowed animal waste to enter surface waters of the State.
If you need any additional information concerning this enforcement, please advise.

ANIMAL OPERATION INSPECTION FORM
1. Date of Inspection(s): 1& 23, 1999
2. Regional Office: EaYetteville, Water Quolily Section
3. Name of Owner Of Property: 1 HAmitom Jr. (CopyDeed attach
4. Name of Operator: MX. RRonr ie Hamilton
5. Address: Rt. 4. Box 703
Dunn, NC 28334
6. Phone Number: 0 822-5590
7. Description of Facility Location, Map excerpt attached.
The farm is located on The east side gf Hxyy 82 approximately -7 mile -south of SR 1736
south of Erwin. NC.
8. Date this facility began operation: The LaM 'hils been in full operation since J 1
9. Date of last expansion: No eaarisio,n
10. Has the facility registered with DWQ? YES X NO --
If yes, date of registration 12/15/93
I I . Does the facility have an approved Anirml Waste Management Plan YES NO_
Is one required? YES X NO
Date Approved: August 10_ 1995
12. Has this facility received a CAFO Designation? YES NO_
If yes, date issued: 12/15/93
13. Type of Operation: Swine. Farrow to Wean
14. Number and type of livestock: Th re were approximately 5 0 farrow to wean hogs re
the time of the inspection._
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any
12 month period. Twelve fj2)
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? Yes. the bm was designed to have approximaly 15Q acres Qf emp
land. on «=hick to apply waste. The certified waste management elan calls for

Page 2
17. Type of Waste Management System: Swine are kepA total�con ement free staU barns with
concrete floors wilh flu hipg c el . Waste is flushed. as needed. in the channels and
into the wa-ste-Jazo on system. The lagoon system is co eased of one lagoon. from which
w st can be Pumed to the'c eld vi b' e reel and r v u t
18. Description of other animal operations in immediate vicinity and proximity to same or o t h e r
surface waters: It was not d that thQrc is om othe w' a farm located in the-5arne),jiginity as -this
fasilky which is run by W Hamdton's brother, But these are none on this particular unanjeA
tributary,
19. Proximity of facility to neighboring houses, wells, etc.: It was noted that the owner'sresidence
is located adiacmnt to this facility as well as a few other houses nearby.
20. Approximate depth of ground water table in the area of the facility or discharge: unknown
21. Proximit)F of facility to surface waters: There is an unnamed tributary located approximately 5Q
fe t on the nQr1h side f the
22. Animal waste discharged. Smine
Witnesses: John I-Iasty. D WHO Fayetteville Regional Office (91Q) 486-1541,
Robert. Reath. DM Fayetteville Regional ice LUQ) 4 967.154L
23. Are pollutants discharged in the waters of the State? Yam. E
If so, how? The
Services ad-%ising
Fayetteville
that thty
regional Office
had investigated r
received a call
rted fish kill in
frormr the Harnett Coj=
the area on 2-22-99.in
E�eragm
h
eve '
hours. It was too
dark for the Harnett CournAy
E. S. to establish the cause of the fish
kill but
it was
suspected that
there wa
wastein the_tnbutM, an the following morning (7-23-
it w
d-etemained that Ihere v`
farm. The Fayetteville Regional
f ct waste ito
Office was
t and that'
notified and staff
had come from the
arrived at the farm
Hamih
to conduct
t
lnyg�gjgation. The
investigation
revealed that a blockage
had oecured
in the barn and that the recycle
W= had been
Igft on to cool
the bogs.The waste backed up in
the house and es
aped the
build�g
d entered a diversion
ditch which carritd it
to thr, unnamcd
tributary to thg!Qgj2e
Egg EjM
24. Do or have discharges occurred in response to a storm event less severe than the 25-year,24 hour
storm? Yes —this incident wa im 9o=d=L

Page 3
25. What is the degree and extent of harm to the natural resources of the State, to public for
to private property resulting from the violation?: The disc are has au e t e introd c
nptrieents_into the receiving surface waters that may cause or add to the ngssibility of algal
bl!2oins and accelerated eutr phication of the slow movie¢ water of theMceivin stream,
Also, samples taken indicate elevated -Legal colifoorrr � levels,.dommStream gf the facilb.
Sample result
Sample Ucation (2I17127)
1. Effluent-IM92WE75647
2. Ej2ta Point-ID#99WE75648
:1��• -•�i Ii�'I'�� Fff�
5. Cape Fear River-ID449MM75651
Coliform. Fecal / 100m1
55.00Q
54.00Q
5790
1,081- -
126
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS
AND PHOTOGRAPHS FOR MORE INFORMATION***
There are no kngwn public health
issues al this time.
Waste discharges of this nature
may, based on cornments_lrrom
D�.1Vi.A,�yiixsonLN�r�h�arolina
Depa_rtment of
Aariculture.Vcteda= Divisimtru§=
swine di5ggscs
if colidiliom are
26. What is the duration and gravity of the -,violation?: The gwnQr,Hamilton, stated tha t
recycle pu=s had begn turned on to aDow the hogs to cool gnd had run for approximia
twenty four hours.lt is estimated &I a.Qpro2iimate1y-140-400 ,gallons of waste water had
exited the buildings dur-mg this pdodd.
27. Water Quality Assessment: At-ft ti mg of the inspection the discharge flow had ceased and
spil berms had been constucted at ft swine house and glotjz_the diversion ditch to comet in
the waste,
28. What is the cost of rectifying the damage?: The writer observsd—no_areas that cleanup
activities would be recommen

Page 4
29. What is the amount of money saved by noncompliance?: used on observationsa die
during the investigations, none.
30. Was the violation committed willfully or intentionally?:
YES ^ NOX
Explain: The S12erators should -have checked to -ensure that there was nothing blocking th-e
pine, but failed to do so.
31. What is the prior record of the violator in complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?: De Hamilton Farm has
had no previous record of violations from this farm site.
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing:
$
6.00
Mileage: $0.20 per mile for 70 miles:
$
14.00
Fecal Coliform ($22.00 per sample) * 5:
$
110.00
Deed procurement
S
2.00
Total
$
132.00
Robert Heath @ $ 17.62/hr
1 hours - Drive Time
$
19.34
1.5 hours - Investigation
$
29.01
hours 2.5 tolal
$
48.35
John Hasty @ $19.34/hr
i hours - Drive Time
$
19.34
1.5 hours - Investigation
$
29.01
5 hours - Report Developement
$
96.74
hours -8.5 to
$ 145.05
Paul Rawls-1 Hour Supervisory review
$
29.10
Central Office Review
$ 100.00
Total $ 454.50

Page 5
33. Type or general nature of business: Swme. F o-w to Feeder Qperation
34. What is the violator's degree of cooperation or recalcitrance:
Mr-Ronnit Hamidjon has gQopejaied with DWQ-staff and h rempme to the
Fayetteville Regional
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC : The flow had stopped by the time of this _investiga ion.
b. Receiving Stream: Unnamed d TnbutM to 1 e C,ap e Fear River. Cjas5 "C-SW" Waters
c. Damage Yes _ No X (Based on observations at the time of the investigation)
If YES, include report from Wildlife Resources Commission.
37. Include a copy of any Designation letter signed by the Director.
3 8. Recommendations Made to Owner/Operator:
1- Periodically check house drains while running recycle Du s
LTake any action to prevent any future discharge_ of wage.
39. Recommendations for further DWQ Action:
- Notice of Violation CFonyarded July 27. 1999)
Enforcement
40. Other Comments: In su is -the ol2iWon of this writer that the discharge,
waste was not intentional hov��ever. physical periodic checks of the vstem re recommend
while running the recycle pumps. There was only one dead fish seer during the-nvrstisiation
and -numerous live miI other organisms in the receiving stream_

STATE OF NORTH CAROLINA
COUNTY OF HARNETT
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
IN THE MATTER OF
RONNIE HAMLTON
RONNIE HAMILTON SWINE FARM
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
I
File No. DD
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I,
Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the
following:
FINDINGS OF FACT:
A. Ronnie Hamilton operates a concentrated animal operation in Harnett
County.
B. The Ronnie Hamilton Swine Farm was deemed permitted ' ai' a
nondischarge facility on December 15, 1993, in accordance with 15A
NCAC 2H .0217.
C. On July -23, 1999, DWQ staff observed a wastewater in an unnamed
tributary to the Cape Fear River which had originated at the Ronnie
Hamilton Swine Farm from one of its confinement houses to the
tributary which are Class "C - SW" waters -of the State within the Cape
Fear River Basin.
D. The Ronnie Hamilton Swine Farm had no valid permit for the above
described activity.
E. The cost to the State of the enforcement procedures in this matter
totaled $•454,50_.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Ronnie Hamilton is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S.143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 2H .0217 and G.S. 143-215.1.
C. The tributary too the Cape Fear River constitutes waters of the State
within the meaning of G.S.143-215.1 pursuant to G.S.143-212(6).
D. The above -cited discharge is a violation of the nondischarge permit.
E. Ronnie Hamilton may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty ofnot more
than ten thousand dollars ($10,000.00) per violation may be assessed
against a person for failing to act in accordance with the terms,
conditions or requirement of a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against
David Lynn Sinclair pursuant to G.S.143-215.3(a)(4) and G.S.143B-
282.1(b)(8).
G. The Director, of the Division of Water Quality, pursuant to delegation
provided for by G.S.143-215.6A(h), 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, Ronnie Hamilton is hereby assessed a civil penalty of:
$ for discharging waste to the waters of the State in
violation of 15 A N C A C 2H. 0217.
$ TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143 - 215.6A.
$ 454.50 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}
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.
(Date)
Kerr T. Stevens, Director
Division of Water Quality

Q Division of Soil and. Water Conservation - Operation Review
Division of Soil and.Wateir Conservation -Compliance Inspection , T
ja Division of Vilater Quality -Compliance Inspection13 =
r
Other Agency - Operation Review
0 Routine Complaint O Follovr-ue of DWQ ins ection Q Follow-up of DS%A'C review Q Other
Facility I�'umber� Date of Inspection
Time of Inspection 24 hr. (hh:mm)
13 Permitted [3 Certified ❑ Conditionally Certified Registered 113 Not Operational Date Last Operated:
sn ty:......... r
Farm Name: ...,'lll1.e................����..'..�`�i.................�........_,._.r.�.. County: .. �.....f.'C� . .......----
Owner !game: _�.411 S L-a- _ Phone No:
Facility Contact: ........Eir ___._..._..Title• Phone No.
Mailing Address: f35/
....At-1-20-3--
....._. .. _ ... .u.N.!!4.. C�._ Zy3
On site Representative:...l� �s,/ l c E' .. ...._ .» _ ... ...... Integrator.............. g.................................... W ..w..
Certified Operator:
Location of Farm:
Operator Certification Number:
Latitude Longitude �• �� ���
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
❑ Wean to Feeder ❑ layer ❑ Dairy 1 -4
❑ Feeder to Finish ❑ Non -Layer JE3 Non -Dairy
❑ Farrow to Wean
MY Farrow to Feeder thher
❑ Farrow to Finish Total Design Capacity 50 4
❑ Gilts, `
❑ Boars Total SSLW
(Number of Lagoons ❑ Subsurface Drains Present 1113 Lagoon Area ❑ Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? 9Yes ❑ No
Discharge ori-inated at: ❑ Lagoon ❑ Spray Field Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes gNo
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) AYes ❑ No
c, if discharge is observed, what is the estimated now in gal/min? rc
d. Doc% discharge bypass a lagoon system? (If yes, notify DWQ) A s jj No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes KNo
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? XYes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? O-Spillway ❑ Yes ANo
Structure I Structure 2 Structure 3 Structure 4 Structure S Structure 6
Identifier: i
Freeboard (inches):
S. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ANo
seepage, etc.)
3/23199 Continued on back

ity Number: Date of Inspection
j. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any pan of the waste management system other than waste structures require maintenarice/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need main tenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement?
16- Is there a Iack of adequate waste application equipment?
Required Recrirds & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (iel irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a. actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewcr/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
�' T ti iolatigtis "O� j c�nOte#• O(Wift tbjs'vWjt!• Yo0�iil tect'iye ijti t'pfftf d�rC�t'>3e ire
corres'r,ondeni ce: abbot. this .visit: • ...................... . ............ .
❑ Yes XNO
❑ Yes Wo
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes. ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Ayes ❑ No
❑ Yes ❑ No
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. use additional pages as necessa = -
a ca reCe', aed 0. 'f .e �.�rgCnc y � rn,. ItWe i k c" p� 1 �
J I !�7[�S ['Qs� Vey CO
1lz `tkv- FR-O c� 6.- 3d rro,'-. v%. vf.� %r`�� -7-23, Tr►.e f Ce. �eacy ,SeN.lc e S
�1AGl 1._Je5f;7a4ec� e­ i..,s� k.11 �� < <*rC� Oi. lh�rS1::11 1W eJCr�iF.l
Cal! eel +1-e n r 4. J' rc�^ f, l j
`v le'-4,,-r�t�n� Ofte �Sae 1� 4.f IC 1�I iti r!` ~r-k1-�rrr /1
W0.5 Qg1�IFh;nt?ff�,t� wa51`� C %c eSC ¢fp ow� c� hoc.se _+ 7 , ��a`
'�G
Sw� rte arm 4e of 4 s+o peel P'P - 4,Ke 4i,,e o� �{-kjs fn�tled-'y'0 .ifA o.�-1�tr
t,JaS-p..,,d der'cr CL rcx r+rugel4 Z MI 'f OA, 714E 'raze-.' /iict'tPrDuS lire rr
Reviewer/Inspector Name j ' �' ^O i'-'y `" `__I ` `' ub Lr c" Ca AI t Ax 10f% j 7 kF C
ea Reviewer/Inspector Signature: 4- A6& Date: %—L 3 ­�r
3/23/95

�8l �5 • �ra :»
EI�
3AMLS 6.
.D'9ERMgi
WAYNE MCfl>:I/Rs'_�ys
S1:CRETAR7 f' 'L-.. •{�
f
i[ t
7�— .
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 27, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ronnie Hamilton
Rt. 4, Box 703
Dunn, NC 28334
Subject: Notice of Violation
Notice of Recommendation for Enforcement
Ronnie Hamilton Farm
Facility No. 43-08
Harnett County
Dear I& Hamilton:
You are hereby notified that, having been deemed 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.
On July 23, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality was notified by the Harnett County Emergency
Services that they had been investigating a reported spill from the Hamilton
swine farm Subsequently, it was found that waste had escaped from one of the confinement houses on the Hamilton Farm due to a blockage in the
discharge line. Further investigation revealed that the waste had entered a
storm water diversion ditch and traveled to a blue line stream adjacent to the
farm The waste traveled along the stream and eventually was deposited into
the Cape Fear River approximately two and one half miles downstream.
The Division of Water Quality requests that the following items) be
addressed:
1. Please provide this office with a written response regarding details of the
spill event and the actions taken to avoid this situation in the future, along
with your estimate of the gallons lost and the duration of this spill.
225 GREEN $TREE?, BUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301-5043
PHoHE 910-480-1541 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLE0/1 0% POST -CONSUMER PAPER

Mr. Hamilton
7-27-99
Page 2
Failure to comply with the above condhion(s) may result in the facility losing its Deemed
Permitted status and being required to obtain an individual non discharge permit for the facsfity.
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 $10,000.00 per day per
violation.
You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality
has no choice but to consider sending recommendations for enforcement action to the Director of
the Division of Water Quality. The recommendation concerns the violation of North Carolina -
General Statute 143-215.1 for discharging wastewater into the surface waters of the State from a
non -discharge facility.
If you have an explanation for this violation that you .Nish to present to this office, please
forward a detailed explanation, in writing, of the event noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before August 18,1 n9.
Information provided to this office will be reNiewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at [phone].
Sincemly,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
Parks Blake -Harnett Co. MRCS
Audrey Oxendine•DSWC Fayetteville Office
Central Files -Raleigh

473 Hog Heaven Lane
Dunn, N.C. 28334
August 9, 1999
Division of Water Quality
c/o Paul E. Rawls
225 Green Street,
Suite 714
Fayetteville, N.C. 28301-5043
Dear Mr. Rawls:
P�
4 UG 16 1999
FAYleTTEV#LLE
FIEC. OFFICE
I received your letter dated July 27, 1999 concerning the T"
hog waste spill that occurred on my farm a few days earlier.
The reason for the spill is basically what you said in your
letter. It was so hot that we were recycling the water from
the lagoon to the hog houses to help to keep the large sows
cool. A piece of a board broke off one of the pens on the
inside of the hog house and floated down to the drain pipe
that carries the water back into the lagoon. The board
blocked up the pipe and the spill occurred. My son was
looking after them that day and forgot to cut the pump off.
The pump ran for 24 hours. Since that time we measured how
many gallon the pump could pump. We found it was pumping 69
gallons a minute. In a 24 hour period it would have pumped
99,360 gallons of waste. The only good thing about the dry
weather was that the waste did not travel in a large
concentrated flow.
The only excuse I have for this is no excuse. We spent a
lot of money trying to upgrade our facilities to get in
compliance. Now, we are making sure all the boards inside
the houses are secure. I am now personally checking the
site everyday to insure that nothing like this happens
again. I apologize for all the trouble this has caused a
lot of people.
Sincerely,
41-� I
Ronnie Hamilton
cc: Parks V. Blake

General Facll�ty Informatlo� '
- -
Fac�irty NUmber 43 $ 4"
cnllnft
arnett
Owner
Donnie/ Ronnie Hamilton
Manager
Address
lit 4 Box 703
Dunn NC IM34
Registered
Farm Name
I Hamilton Bros Farm I
Phone Number
92-5590
Lessee
Region
O ARO O MRO O WARO O WSRO
O FRO O RRO O W IRO 6
NC 82: E. of Erwin turaaeft on Old Hamilton Rd. go ill mile t. Farm Rd..on left..::.::. ::.:: _ .:.
Certified Operator in Charge I [Ronnie C.
Backup Certified Operator
Comments
this existing facility has been conditionally certified as of 12/31/98.
0 Inactive:,operation: ❑ Lagoon;Closed:,:, Date inactivated or closed
Type of Operation
® Swine ❑ Poultry []Cattle ❑ Sheep ❑ Horses ❑ Goats ❑ None
Design. Capacity '~
Wean;to Feedersff
y m1�!Y; ;> Y
❑ Feeder to Finish0 Non -Layer on -Dal
13 Farrow to+Wean <15QD _ 549;500=
❑ Farrow to Feeder_
❑ Farrow to Finish _
Total 1,500 5v.•ine
F
❑Gilts y
❑Boar Stud ; w a s '°' -- - --- - - SSLW 649,500
it Lill l- l�fY }�,Y, •! t t 4 _ -�

Latitude
35.2967
,U71
Longitude
78.6567
T
M, 7 �'
Sfiiftdii
0 1/0 1/72
Ne AvailAcresr,�
150.00,:
...........
11l6e&dA'eres',P,
-%Y F-111'r 15�
lis
..... . . . . .
A ..
"Lx....... ......
[3Request to be removed [3Removal Confirmation Recieved
ate 12/15/93
l`Offional',' - ❑ Irrigation System
ire n te ni. s Higher Yields
❑ Vegetation
f7i El Acreage
ED Other
A, i
Comments 1,W! Basin Name: ICape Fear=
Regional DWQ Staff V-,11,Y-- "'CIN I

Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR - FUEL - WATER - FOOD
CERTIFICATE OF ANALYSIS
CLIENT: NC D£NR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr_ John Hasty
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Effluent - ID #99WE75647
2. Entry - ID #99WE75648
3. Upstream - ID #99WU75649
4_ Downstream - ID #99WD75650
5. Cape Fear River - ID #99WD75651
NC #11
NC #37714
USDA #3787
11 WASTES
CERT #27425
DATE REC'D: 07/23/99 SAMPLED: 07/23/99
SAMPLED BY: J. Hasty
DELIVERED BY: J. Hasty
SAMPLE CODE: Waste water, Grab
REFERENCE: Hamilton Swine Pond
DATA REVIEWED
DATE REPORTED: 08/03/99
ANALYSIS METHOD 1 2 3 4 5
++*+++++**+*++*++****+*+**+++#+*++**+*a**a+*+*++*+a***a****a**a{*a+*a**a**+*****a++a++a++a
COLIFORM, FECAL (per 100 ml) SM18 9222D 55000 54000 5700 1081 126
COMMENTS: < = Less than
> = Greater than
PAGE 1 OF 1
-..s-FRO
AUG AUG 19°9
The data and other lnfonnaUon Contained on this, and other aeoompenying doCuments, represent only the sample(s) analyzed and is MEMBER
rendered upon the condition that t is not to be rsproducod wholly or in part for advertising or other purposes without written approval _
}
from the laboratory.
• •^^- ^�• .��r.�� T..�.,�� t:rw! Cnnhvtinn fnncuhtino Chemical and Microbiological Analyses and Research
-•k

��FI�LED
B00K_tUI PAGE 02-G 33 ,
9510903 '95 SEP 8 PH 2 27
GAYLE F. BOLDER
Prepared by: W. Glenn Johnson. k-off WN bftl%l% Boor 69, L illington, NC 275"
HAR'NETT COUNTY. HC
PARCEL. ID NOS: 06-I.5O6jO=
124)595-U06I
NORTH CAROLINA,
REfiD
HARNETT COUNTY. s
THIS DEED, Made and atoned into this Septanber 7, 1995, by and bem een CARL
HAMIL.TON, JR.. widower. Route 4, Bet 7W. Duna, North Carolina 28334, grantor, and
DONNIE CARL HAMILTON. Route 4. Box 703. Dunn, North Carolina 28334, 1p
W1T!!tE3SETH:
That for and in consideration of his love and affection for the grantee, the said gm=
has bargained and sold and by these presents does ley give. grant. bargain, sell and convey
unto the said Donnie Carl Hamilton, his heirs and ass%ns, subject, however. to the life 1-cwF
of Carl Hamilton, Jr. herein resrt•ved, those certain tracts or pawls of land situate and being
in Duke and Sw wart's Creek Townships, Harnett County, North Carolina, and described as
fiollows:
PARCEL. ONE BEGINNING at an existing 1 118 inch square steel rod, said rod
being the nortl►eman corner for the Carl Hatadma, Jr. and wife, Glenda Hamilton
14 acre fiat:[ known as Tract I of Heed Book 441, at Page 124 of the Harriers
County Registry, and rums as the old property line betwem Hamilton and Beard,
North 84 degrees 44 minutes 54 seconds West 1429.94 feet to an iron stake, said
stake being located 5.5 feet east of a dimb (fameriy Tar Kiln Branch), with corner
supposed to be in the ran of the branch. thence as the run of the branch, surveyed
and iron stakes set along the eastern bank of the ditch that was formerly Tar Kiln
Branch with the old property lines of Hamilton and Antioch Church, firs Bell
Family Land, and Harper Tripp the foIlowing ooiuses and distances: South 13
degrees 34 minutes 47 seconds Fast 270.91 fxt to an iron tube located 13 fact east
of the ditch, and South 16 degrees 52 min=s 07 swonds Fast 245.40 firm to an
iron stake located 14 feet east of die ditch, and South 3 degrees 46 minutes 18
seconds West 68.69 feet to an iron stake 16 feet east of the ditch, and Soudi 13
degrees 55 minutes 33 seconds West 144.99 feet to an iron stake IS feet am of the
ditch, and South 19 degrees 39 minutes 33 seconds West 209.11 feet to an iron
stake 19 feet can of the ditch; theme a new line, South 79 degrees 26 minntrs 22
seconds East 1416.66 feet to an iron stake in a path, said stake being the line of
Alois Wood; thence as the old property line of Wood and Hamilton and turning
as an old path, North 20 degrees 31 minutes 32 socot>ds East 137.74 feet to an iron '
stake, said stake berg the southeastern darner for the Carl Hamilton, Jr. and wife,
Glenda Hamilton 16 314 acre tract recorded as Tract 2 of Deed Book 441, at Page
124 of the Harnett Conroy Registry and being the northeastern tanner for the Carl
Hamilton Jr. and wife, Glenda Hamilton. 20.8 acre tract tmorded as Tact 3 of
Deed Book "I. at Page 124 of the Marano County Registry and being the
southwestern corner for the Carl Hamilton Jr. 36.5 acre tract recorded in peed
Book 349, at Page 623 of the Harnett County Registry; thence as the old propcM
line and path between Tray 2 of Deed Book 441, at Page 124 and the 36.5 arm
630

tract, Nat 0 degrees 40 urinates 27 sect West 229.74 feet to an existing iron
pipe, said pipe beirig a am= for Casper Tat Jr. and being the northwestern
corner for the 365 a= tract; thence as the old ptapasty lice of Hamilton and Ikt.
North 0 degrees 56 mimaes 30 secaxis West 74951 feet to the point of bcgbm*g
and contains 32.79 acres, more or lei, w"tthin the traverse. The area between the
traverse l"me and the ditch contains appsootimamdy 0.32 acres kavmg a total acreage
C in bets tract of 33.11 r and is Tract 1 arrlwn on a trap for Carl Hamlba,
Jr. and wife, Glenda Ham bin. dated October 29,1992 by W. R lambert, R.I,.S.
There is conveyed with the above referenced parcel a right of way and easein
for the purposes of ingress, egress and regress. over and across the lands of the
grantor, said right of way and ens= ,.► being mom partimlady described a
follows:
Beginning at a point in the centerline of SR 1776, said point may be located by
beginning az an existing 1 inch iron pipe, said pipe being the northeastern corner
for the B. F. Hauu'lton 2.801 acre tracat recorded in Dead Boat 878, at Pages 3132
of the Harnett County Registry, and running as an extension of the nord ern
property line of the B. F. Halton 2.801 acre tract 29.69 feet to a point in the
ocuterlute of SR 1776, thews ntnning as the center of the read North 17 degree; 03
minutes 10 sa:oonds West 328.51 feet to the BEGINNING POINT: thenct from
said BEGINNING POINT, runs as the centerline of a 50 foot wide
South 57 degrees 56 minutes 50 seconds West 600.0 feet to a poi thence as the
centedine of a 50 foot wide easement, South 75 degrees 26 minuxs 56 seconds
West approximately 1690-99 feet to a poi thence Sontb-22 degrara 45 mkotrs
52 seconds West 25 fed to a point in the off property line between Hamilton and
Alvis Wood; d== as the southern side of a 50 foot wide easement. North 67
degrees 14 minutes 05 seconds West 900 licit to an iron stake, said stake being a
joint corner for Alm Wood and Hamilton, said stake being the southwestern
corner for the Carl Hamilton, Jr. 36.5 arse tract ream dad in Deed Boot 349, at
Page 623 of the Harnett County Registry, and said stake being the norduzstsrrr
corner for tit Cad Hamilton, Jr. and wife, Glenda Hamilton 20.9 acre ttict
recorded as Tract 3 of Deed Book 441. at Page 124, Harnett County Registry, and
the soutemern corner for the Carl HasmOm Jr. and wife, Glenda Hamilton 16
3/4 acre tract recorded as Tract 2 of Dead Book 441, at Page 124 of the Harned
County Regisny; thence as the eastern silt: of a 25 foot wide easement, South 20
degrees 31 minute 32 seconds West 137.74 feet to an iron stake, cornet for Tract
I and Traci 2 of the Carl Hamilton, Jr. and wife, Glenda Hamilton Division as
shown on a crap dated October 29, 1992; the= continuing as the eastern property
line of Carl Hamilton, Jr., and as the eastern We of a 25 foot wide easement,
South 20 degrees 31 minutes 23 seconds West 1149.12 feet w the swOmstern
corner for Traci 2 of the Carl Hamilton. Jr. and wife. Glenda Hamilton Division
as shown on a map dated October 29. 1992- With the above desc r%ed 600 fast
line, being the centerline of the 50 foot wide easement and tbo above dcscrrbed
approximately 1690.99 foot lure also being the centerline of the 50 foot wide
casement and the above described 900 foot line being the southern line of the 50
foot wider casement and tic above described 137.74 foot line and the 1149.12 foot
line being the eastern line of the 25 foot wide easement with the purpose of tiro
easement being for ingt= and egress.
t PEARM TWO: BEGINNING at an iron stake at the high bank of the Cape far
River, said stake being tocatod at ttte south end of Red Rock lock, said stake also
being a carper for the Inez Corbin 200 a='Wi hams Tract", and runes as the cld
'line of Cad Hamilton, Jr. and Corbin, North 67 degrees 05 minutes 44 seconds
West 48.57 feat to an item stake set on the Fropaty line; thence as the old line of
Hamtltori and Corbin, North 67 degrees 05 minutes 44 seconds West 780.45 feet
to an existing inn pipe st t1t n of dkchm, cm= chaps were also kutrd;
631

thence as the fine of Hamrlton and Corbin, and as a ditch, South 7 degrees 59
mimmes 05 seconds West 2194.31 felt to an ex% ttg hm stake at rho ink
of ditches; theme as She old lime of Hamiton, South 63 degrees 27 mintrtes 54
seconds Vilest M95 feet to a sec lion staff thence as the line of Hamilton and
Corbin. SmA 22 deg m 20 mkaft 00 sem=b west 785.0 fact to a set 518 inch
steel rod aver a the that is at the nordwn-skle of a 50 fee wide right of way;
thence as the line of Hamilton and Corbin. North 85 degrees 00 mi00
seconds west 500.00 feet to an existing concrete Montttie as the line of
EL= ton and Corbin, North 78 degam 4o tninutGs 00 seconds West M.13 fee
to an existing comme monument; them as the lime of Hamilton and Well=,
South 22 degrees 19 minutes 31 seconds West 671-3 feet to an iron slime, a new
corner, also a danrner for 'Penis #2; thence as a new time and as the une between
Tract pl and Tract A South 83 degrees 21 min upes 53 seconds East 2655.68 foes
to an irod stake at the high bank of Cape Fear Rive, a new corner, thence as the
tun of Cape Fear River, measured along the high bank, the foilowing courses and
diswces: North 9 degrees 57 minutes 25 seconds West 199.35 fed to an iron
stake. and (North 12 degrees 12 mimttes 35 seconds West 200.95 feet to an iron
state, and North 5 degrees 55 minutes 20 seconds West 275.24 foot to an bw
state. and North 8 degrees 24 minutes 00 seconds West 192.41 fed to an iron
stake, and Notch 0 degrees 23 mutes 05 seconds East 391.94 feet to an aoa
state, and North 6 degrees 45 minutes 40 seconds Fast 571.28 feet to an iron
state, and Notch 7 degrees 33 mim*s 10 seconds East 201.51 feet to an avn
stake, and North 2 degrees 37 Minutes 20 seconds East 319.44 feet to an iron
state. and Notch 7 degem 14 mirnxtes 10 sewuh East 3W-11 fee to an ima
state, and Notch 4 degrees 01 mi mte 15 seconds East 197.23 feet to an iron state,
and North 4 drgmnes 36 minutes 05 seconds East 420.16 feet to an iron stake, and
North 2 degrees 37 minutes 55 swDnds West 176.44 feet to the point of beginning
and eonrrams 101.14 meres, more or
There is -conveyed with the above refermced pmwl a 50 foot right of way and t
easement for the purposes of ingress, egress and regress, over and across the lands
of the grantor, said right of way and casement being more particularly described
as follows:
Beginning at an existing tonne mom, said monuutent being the joint ccx=
between Carl liars ton, Jr., Wellons, and lees Gmbin's 200 sere 'Williams,
Tract', said monument may also be located by beginning at a P.K. nail over a
culvert in the center of SR 1779, and cunning as the center of the road, North 78
degrees 48 minutes 18 seconds East 748.80 feet to a P.S. nail, and North 65
degrees 22 mirrutes 18 Fast 224.64 feet to a P.>f , nail and then mmn!Ag as
the center of an existing path, South 66 degrees 11 minutes 21 seconds East 189.63
feet to an non stake and South 68 degrots 33 minutes 31 seconds Fast 516.93 feet
to an iron stake, and South 67 degrees 04 minutes 41 suds Fast 5W.74 feet to
an iron state, and South 77 degrees 50 minutes 31 seconds Fast 627.0 feet to the
BEGINNING POINT; timm a from said BEGINNING POINT, runs as the northern
side of a 50 foot wide right of way and as the line of Hamilton ar d Inez Corbin, .
South 78 degrees 40 minutes 00 se =ds Fist 650.13 feet to an existing concrete
monument, and South 85 degrees 00 minutes 00 seconds East 500.0 feet to a set
5/9 inch trod rod over a t5e•; Hume= U vrrsing from the northern side of a 50 foot
wide right of way to the southern side. South 80 degrees 09 minutes 11 seconds C
East 1047.69-feet to an iron stale thutce as the western side of a 50 foot wide
right of way-. South 5 degrees 27 mimm ms 31 w000ds East 642.23 feet to an iron
stake, and Sarmth 36 degrees 41 Minutes 08 seaoards West 568.49 feet to an iron
soakip, and South 35 degrees 24 minutes 23 seconds War 1024.36 feet to an iron
state, aid South 39 degrees 08 minutes 58 swan& West 1053.90 feet to an iron
stake, and south 38 degrees 25 minutes 08 seconds west 440.73 feet to an iron
stake. said stake being in fJtc Property litre between Tract P3 and Tract ;lt4, trod
632

being laces North 62 dep= 09 mimes 02 secoxxis West 1431.49 feet from an
iron stake at the high bank of the Cape Fear River that is a joint comer for Tract
#4 and Tract #3, and being located 3out1L62 degrees 09 minutes 02 seconds Fast
1645.4 fret from an iron stake in the line of Wd mt that is a joint corner for Traa
p4 and Tract #3 with the above descatW lines being a 50 foot wide easement for
the purpose of ingress and egress for 'lifts 01, 02, 03, and 04 of the Carl
Hamilton, Jr. Division.
The herein desa-rlred lands are conveyed uarbject to the life estate of the said Carl
Hamilton, Jr.. and the grantee acbxnvledgts and arse ats that he is ampking
said lands subject to said outstanding life estate.
TO HAVE AND TO HOLD said lands and permises, together with all pd4eges and
appurtenance thereunw belonging, unto the grantee, his heirs and resigns, to their only use
and behoof forever, subject, however, to the life estate herein reserved to and by the said Carl
Hamilton, Jr.
And the gramor, for himself, his heirs, executors and administrators, covenants with
the grawxce his heirs and assigns, that he is seized of said X=ises in fee and has the right to
convey the same in fee simple, that the same are free and dear fnam all encumbrances, and
that he does hereby forever warrant and will forever dderrd me title to the same against the
claims of all persons whomsoever.
IN WITNM WHEREOF, the grantor has haumtn set his hand and seal the day and
year fast above written. r-
(S£AL}
CAL HAMILTON. JIC
NORTH CAROUNA,
HARNEIT COUNTY.
I, a Notary Public in and for the aforesaid State and County, do hereby cm- fy that
CART. HAMILTON, M, widower, personally appcarod before me this day and admowledged
the due execution of the foregoing imsnvmemn.. W the ins� with this certificate be
registered.
V4 -0m my hand and notarial seal this -1A day of September, 1995.
.gym CaroSrra — � a
V/81g6 The GV Wta qC# t
NOMW P MJC MWM
- AV414aretD W
Cal ct This ira aunt vnis vremated far reps3ra5on
and red R nrs at I olr 1 �
�dd I4q!S.as!
a•�.,o"ralodc 633
A1-114
Baer of Deeds — ti

DEEDS Alm f
MORTGAUS 1441 1
�t
vilt'f11 i"ARmiu. < .t
n ix�F�t • • rn �-I � �
THIS DEED, Made this llth day of December. J963, by RANDALL L.
HAMILTON and wife, VIRGINIA W.-HAMILTON, of Harnett County, North Caro-
lina. partie% of the first part, to CART. HAMILTON. .IN attd 1rTfiF,
<;[.F-\7tt nAMIL7t1V. of iiar•nell rdionty. 'forth 9'.ir-11na, part4ee of the
:ect►nd part;
T.at .rid parties of the first part, in consid.•rat i„u ,.t .i
Th..u%and a Np-IuU Dollars and other valuable considerations to them
paid ba %aid parties of the %econd part, the receipt of +►hich.is hereby
ackno■Irdged. have bargained and sold and by these presents d„ bargain,
.ell and r:un%r) lu said partie% of the second part, their heirs and
a;.irtn.. Ihu•r certain tracts or parcels of land lying and being in
(hike T•.■n%hip. Harnett County, NorthCarolina. hounded and described as
FIRST I'RACT: NEGINIVIYI. of a stake with pointers in the run of
f.,ikiin Hi.in•h. the corner of Lots 5 Ji 6 in said branch, and runs as
di. idrn.i I inr of S a r, South 84-7/ti East 21.35 chains to a stake in
the Lucas Truelove line; thence as that line South l West-t..85 Chains
to a stake in said line in path, corner of Lots 6 a 7; thence as line
of Lots i, a 7. Nurth 84-7/8 Nest 19.65 chains to a stake with pointers
in thr run of Tarkiln Branch; thence up the run of said branch to the
8EGINNINI.. Containing J4 acres. And bring the same lands .conveyed to
J. E. Warren by MrJtYsa Brock and husband, W. F. Brock by deed dated
Fe-h. Ja, 1934 and recorded in Book 269, at rage 77. Harnett County Reg.
SECOND TRACT: BEGINNING at a stake with pointers in the run of
Tarkiln Branch, crirner of Lots 6 a 7 in Branch. and runs as line of
Lots r. 8-7, South 84-7/8 East 19.r,5 chains to a stake in path and in
Lucas-TrueJove original line; thence as that line South l West 8.00
chains tp a stake in the path, Lucas and Truelove corner; thence as
line of Lots 7 S.R. North 8477/8 West 22.54 chains to a stake with
I.ainter% in the run of Tarkiln Branch; thence up the run of said branch
to the BE7GINNIN6. Cuntaining J6-3/,t acres, and -being Lot No. 7 in the
division of the D. H. Truelove lands allotted to Janette warren by.
i'.,rai,istroners Report recorded in Book 243, at Page 31,5, Harnett County
aN•Q I It 'PVT-'
T1ItIRD TRACT: BEGINNING at a.stake with pointers in the run of
Tarkiln Branch, -the corner of Lots 7 a 8, and runs as line of Lots 7
a 8, South 134-716 East 22.54 chains to a stake in path, the Lucas -
Truelove original corner; thence as path South 21-7/8 West'll.5o chs.
'to a stake in path, a corner at Lots_8 Jl 9; thence as-llne'of Lots 8
A 9.through the field North 7614 West 22.97 chains to a stake and poin-
ters in.run of Tarkiln Branch; thence up the run of said branch to the
.BE7GINNIK , Containing 20.8 acres. Said tract is composed of the 10.4
acre tract by Rena A. Moulton and husband, to Janette Warren by deed
dated Feb. 24. 1933. recorded In Book 253. rage 480, Harnett County
Registry, and the 10.4 acre tract conveyed to J. A. Warren by Rena A.
Moulton and husband, by deed dated April 19. 1935, recorded in Book
253. rage 478, Harnett County Registry, and is Lot No. 8 in the-div.
of the D. H. Truelove Estate according to Commissioners Report recorded
,in Book 243. Page 365, Harnett Count�Z RMistry.

DEEDS AIM i
MORTGAGES 441 _
The foregoing three tracts of land are the Identical lands
described in deed from J. E. Warren and wife, Janette T. Warren, to
Randall L. Hamilton and wife, Virginia W. Hamilton, dated December
20. 1951, which is recorded in Book 331, Page 520, Harnett County
Registry.
FOURTH TRACT: Being Lot No. 10 in the division of the D. H.
Truelove land, as shown on Map recorded in Nap Book 4. Page 11. Office
of Register of Deeds of Harnett County, and described by metes and
bounds as follows: BEGINNING at a stake and pointers in the run of
Tarkiln Branch, corners of Lots Nos. 9 and 10, and runstheline of
Lots 9 and 10 S. 704 E. 19.55 chains to a stake in a path; thence S.
21-7/H W. 13.70 chains in Mrs. George E. Prince's line; thence as her
line N. U-3/4 W. 19.45 chains to a large poplar in the run of Tarkila
Branch; thence up the run of the said branch to the BEGINNING. Contain-
i f Ing 19.1 acres, more or less. This is the some land described in deed
from Jasper C. Jernigan and wife, Rosie T. Jernigan, to Randall L. Hamil-
ton and wife. Virginia W. Hamilton, dated October 21, 1953. and recorded
t in Book 349, at Page 73. Harnett County Registry.
TO HAVE AND TO HOLD, the aforesaid tracts or parcels of land
with all privileges and gjpurtenances thereto belonging to said parties
of the second part, their heirs and assigns, to their only use and
behoof forever.
And said parties of the first part, for themselves, their heirs,.
C e%ecutors and administrators, covenant with said parties of the second
part, their heirs and assigns, that they are seized of said premises
in fee and have right to convey in fee simple; that the same are free
and clear of all encumbrances and that they do hereby warrant and will
forever defend the said title to the same against the claims of all
persons whomsoever.
IN TESTIMONY WHi7 MF, Said parties of the fimt part have hereunto
set their hands and seals, the day and year first above written.
.xltlM tilr!(?1i1114 Nnustl !;watt: -
n-w�.c.mtilt
•
�it111�',& Caant} ernsW. 1 CSEA0
tsi rr IrM.ryrw* Mth CO Mlash M ttt+M& Randall L. Hamilton
TV%tt
e to _ .i • I - f
L�• �_ CSFtL)
' Vi"1n-i las,lton.
NORM CAFDl.INA, t
HART ETT COUNrV. i
a Notary
Cecelia
Godwin, here
by certify Hamilto and wife,irgiia W. Hamilton, personalyapperedbeo
rt: me this day and acknowledged the due execution of a foregoing Deed
a of Conveyance.
WITNESS my hand and Notarial Seal, this, dray of Dec., 1963. 4
I
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