430023_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quay

DIVISION OF WATER QUALITY
AQUIFER PROTECTION SECTION
ANIMAL FEEDING OPERATION UNIT
ENFORCEMENT CASE REPORT
File Number:
PC-2007-0076
Facility Name:
Farrar Dairy
Facility Number:
43-023
Permit Number:
AWC430023
Owner:
Mr. James Farrar
Inspector:
Christine D. Blanton
Report by:
Christine D. Blantor,�f
Date:
October 9, 2007
Case Narrative:
On 01/25/07, 1 contacted Mr. Farrar by phone to schedule a routine compliance inspection for the Farrar
Dairy facility. Upon inquiring about a mutually convenient time to schedule the inspection, Mr. Farrar told
me that the best thing I could do would be to stay away for about a month. When asked what he meant
by that statement, Mr. Farrar said not to worry, that he would get the water level down and that the lagoon
was currently at eight or ten inches. No notification of high freeboard had been received prior to this call.
I made a second call that day to Mr. Farrar and informed him that I would be coming out to his facility out
of concern for the stated conditions. Jim Barber, an Environmental Engineer from the DWQ Fayetteville
Regional Office, accompanied me to the site where we observed an approximate freeboard level of eight
inches. No permanent visible marker was in the lagoon. Mr. Farrar was instructed to prepare a Plan of
Action (PoA) for High Freeboard at Animal Facilities Five (5) Day Draw Down Period to get below
structural freeboard and a 30-day PoA to be back in compliance. The 5-day PoA was received on
01/29/07 and indicated that the waste level had risen to three (3) inches and no marker visible in lagoon.
The Fayetteville Regional Office has not received a 30-day PoA.
After one missed appointment by Mr. Farrar, I conducted a compliance inspection of the facility on
05/10/07. Mr. Farrar did have a freeboard marker on -site, but not yet installed. The following records
were not available during the inspection: Certificate of Coverage, General Permit, Waste Utilization Plan,
Weekly Freeboard/Daily Rainfall records, Calibration records, and Sludge Survey_ At the time of the
inspection, Mr. Farrar suggested that I not worry about his records, that he knew what he was doing, and
that if I had to have records, he could make them say whatever I like if given enough time.
Mr. Farrar received a Request for Information on 4/13/07 that asked for copies of lagoon waste level
records, rainfall records, and irrigation events from March 1, 2006 through March 31, 2007. The
Fayetteville Regional Office has not received any requested documentation. The NOV/NOI was first
issued 06/06/07 via certified mail. After being returned for non -delivery, the NOV/NOI was served by the
Harnett County Sheriffs Office on 07109/07. The Fayetteville Regional Office has not received any
documentation requested in the NOV/NOI.
Farm and/or Company Compliance History:
No prior NOV's, NOD's, or other assessments.
01-25-07 Unreported freeboard violation discovered — approximately 8"
03-01-07 Freeboard recorded as being back in compliance
04-10-07 Request for Information (RFI) about freeboard violations
06-06-07 NOV/NOI for unreported high freeboard, lack of marker, failure to maintain records,
failure to maintain permit documents
10-09-07 No response received regarding RFI or NOVINOI

James Farrar Enforcement Report
Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance:
Mr. Farrar stated that extended irrigation equipment repairs contributed to the high freeboard situation_
Mr. Farrar did file a 5-day POA and began application of waste as soon as weather permitted, however
he failed to provide a 30-day POA and failed to report a return to compliance. Mr. Farrar was not
cooperative with regard to providing all required records/documents during the 5/10/07 compliance
inspection. While Mr. Farrar waslis willing to operated his waste management structures to be in
compliance, he remains unwilling to follow regulations and guidelines for monitoring and reporting.
Fish kill observed?
None
Mitigating Circumstances:
The 2006-07 winter had above average rainfall, but opportunities did exist for waste application.
Recommendation:
The Fayetteville Regional Office is recommending assessment of civil penalties to the Director of the
Division of Water Quality pursuant to G.S. 143-215.6A_
Assessment Factors required to be considered by G.S. 143B-282.1(b):
The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from violation:
In reference to the cited violations, no harm to the natural resources of the State, to the public health, or
to private property were documented_
The duration and gravity of the violation:
It is unknown when the waste lagoon level first breeched the storm storage limit or first breeched the
structural freeboard limit. No single rainfall event that exceeded the 25-yr/24-hour storm occurred
immediately prior to the January 25, 2007 discovery of non-compliance. The operator stated that the
structure was back in full compliance by March 1, 2007.
The effect on ground or surface water quantity or quality:
No water quality monitoring was performed; therefore, no data exists to determine this factor.
The cost of rectifying the damage:
This factor cannot be determined because no data exists to establish the presence or extent of damages.
The amount of money saved by noncompliance:
The owner/operator could have rented/leased the necessary irrigation equipment or hired a contractor
while his equipment was being repaired. The standard fee for a contractor to come onsite and apply the
waste is $2.50-$3.00 per 1000 gallons. The cost of developing a 30-day Plan of Action, installation of
monitoring equipment (waste level gauge), and collection and submittal of requested information is
difficult to quantify but should not be significant.
Whether the violation was committed willfully or intentionally:
The permitee knowingly failed to comply with permit conditions by failing to report a high freeboard
condition and allowing the situation to worsen until the waste level was well into the structural freeboard.
The permittee refused to accept or respond to correspondence from the Fayetteville Regional Office,
further refusing to comply with the General Permit.
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
No prior record of violations have been documented.

r
James Farrar Enforcement Report
Summary of Enforcement Costs
The cost to the State for the enforcement procedures:
Staff, Blanton 22 hrs @ $30.461hr $670.12
Staff, Barber 2 hrs @ 33.12 $ 66.24
Supervisor, Barnhardt 2 hrs @ $35.331hr $ 70.66
Certified Mail 1 @ $5.38 $ 5.21
Certified Mail 1 @ $4.64 $ 4.64
Mileage 2 trips — 49 mi/trip @ $0.33. $ 32.34
TOTAL $849.21
3

January 30, 2008
Mr. James Farrar
Farrar Dairy
1175 Farrar Dairy Road
Lillington, NC 27546-9619
SUBJECT: Remission Request
Harnett County
File No. PC-2007-0076
Permit No. AWC430023
Dear Mr. Farrar:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coieen H. Sullins, Director
Division of Water Quality
PFURf�„ j
FEB 08 8
l-ENR- FAYETiE1 UE REGIONAL OffiCE
This letter is to acknowledge receipt of your request, on January 14, 2008, for
remission of the civil penalty levied against the subject facility. The Director of
the Division of Water Quality will review your evidence and inform you of his
decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
�� Dennis C. and
,eA Urh-Mf Animal Feeding Operations Unit
cc: Art Barnhardt, Fayetteville APS Regional Supervisor
,zOtf sfm`e7�BF aRO
File # PC-2007-0076
APS Central Files
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterQuality.org Location: 2728 Capital Boulevard
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N��),rCarolina
)Vatum illy
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

March 19, 2008
CERTIFIED MAIL - #7006 2150 0003 5466 4904
RETURN RECEIPT REQUESTED
Mr. James Farrar
Farrar Dairy
1175 Farrar Dairy Road
Lillington, NC 27546-9619
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm ## 43-0023
Harnett County
File No. PC-2007-0076
Permit No. AWC430023
Dear Mr. Farrar:
Michael F. Easley. Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Coleco H. Sullins, Director
Division of Water Quality
MAR 26 2M �
OEnNR-FANU LLEREr�O;'ALOF�GE J
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 $5,599.21.
There are two options available to you. You may choose to pay the penalty or you may let the
Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of -
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
N%" Carolina
OvaturuffY
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwatggluali .or- Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
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James Farrar
March 19, 2008
Page 2
If you or your representative would like to speak before the Committee, you must complete and
return the attached form within thirty (30)-days of receipt of this letter. Send the completed form
to:
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Keith Larick at [phone].
Sincerely,
oleen H. Sul s
Attachments
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Christine Blanton, FRO w/ attachments
File # PC-2007-0076
APS Central Files

i
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Harnett CASE NUMBER PC-2007-0076
IN THE MATTER OF ASSESSMENT ) REQUEST FOR ORAL PRESENTATION
OF CIVIL PENALTIES AGAINST: )
James Farrar )
I hereby request the opportunity to make an oral presentation before the Environmental Management
Commission's Committee On Civil Penalty Rernissions in the matter of the case noted above. In
making this request, I assert that I understand all of the following stateneents:
• This request will be reviewed by the Chairman of the Environmental Management Commission
and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to
five minutes in length.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

March 19, 2008
CERTIFIED MAIL - #7006 2150 0003 5466 4904
RETURN RECEIPT REQUESTED
Mr. James Farrar
Farrar Dairy
1175 Farrar Dairy Road
Lillington, NC 27546-9619
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm 4 43-0023
Harnett County
File No: PC-2007-0076
Permit No. AWC430023
Dear Mr. Farrar:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
7MA
I
DEW -FA rl -,. ` :F(3Mf1ALOF E
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 $5,599.21.
There are two options available to you. You may choose to pay the penalty or you may let the
Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
Nam` Carolina
41=f
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
lntemet: www_newat uali .o Location_ 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
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James Farrar
March 19, 2008
Page 2
hrou or your representative would like to speak before the Committee, you must complete and
return the attached form within thirty (30) days of receipt of this letter. Send the completed form
to:
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Keith Larick at [phone].
Sincerely,
oieen H. Sul s
Attachments
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Christine Blanton, FRO w/ attachments
File # PC-2007-0076
APS Central Files

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Harnett CASE NUMBER PC-2007-0076
IN THE MATTER OF ASSESSMENT } REQUEST FOR ORAL, PRESENTATION
OF CIVIL PENALTIES AGAINST: }
James Farrar )
I hereby request the opportunity to make an oral presentation before the Environmental Management
Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In
making this request; I*assert that I understand all of the'following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission
and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to
five minutes in length.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

fj
Michael F. Easley, Governor
William G. Ross Jr., Secretary
]North Carolina Department of Enviranrnent and Natural Resources
January 30, 2008
Mr- James Farrar
Farrar Dairy
1175 Farrar Dairy Road
Lillington, NC 27546-9619
SUBJECT: Remission Request
Harnett County
File No. PC-2007-0076
Permit No. AWC430023
Dear Mr. Farrar:
Coleen H. Sullins, Director
Division of Water Quality
FEB 08 M
Dav -FAWTFBIi LE REGIONALOFRC£ �
This letter is to acknowledge receipt of your request, on January 14, 2008, for
remission of the civil penalty levied against the subject facility. The Director of
the Division of Water Quality will review your evidence and inform you of his
decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
Dennis . and
Animal Feeding Operations Unit
cc: skrvBarnheFdt-7Fg tteville APS Regional Supervisor
Christine Blanton, FaRO
File # PC-2007-0076
APS Central Files
Aquifer Protection Section 1636 Mail Service Center
Interoet: www.ncwaternualitv.or= Location: 2728 Capital Boulevard
An Equal OpportunitylAffirmative Action Employer— 50°% Recycled110°% Post Consumer paper
Nor Cawiina
,1 alura!!y
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

Lea of WA
v `0 Q�
j t~
o �
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 13, 2007
CERTIFIED MAIL - # 7006 2150 0003 5466 5482
RETURN RECEIPT REQUESTED
Mr. James Farrar
Farrar Dairy
1175 Farrar Dairy Road
Lillington, NC 27546-9619
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s)143-215.1
Farm # 43-0023
Harnett County
File No. PC-2007-0076
Permit No. AWC430023
Dear Mr. Farrar:
Coleen H. Sullins, Director
Division of Water Quality
DEC 1 l: 2007
. Gp1EE I I.N LE I3EGLOiJAE Olt CE
L. v..._....�
This letter transmits notice of a civil penalty assessed against James Farrar in the amount of $5,599.21
which includes $849.21 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 and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of it new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
NPpp�t Caro na
,Naturiy
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
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James Farrar
December 13, 2007
Page 2
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
.nor the accuracy of any of the factual statements contained in the civil penalty assessment
`- docuinent:' Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received

James Farrar
December 13, 2007
Page 3
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh; NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal dateltime received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Dennis G. Lund at [phone].
Sincerely,
"—
eodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Christine Blanton, WIRO w/ attachments
File # PC-2007-0076 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

STATE OF NORTH CAROLINA
COUNTY OF HARNETT
IN THE MATTER OF
DAMES FARRAR
FOR VIOLATIONS OF CONDITIONS OF
THE NON -DISCHARGE GENERAL
PERMIT AWG200000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC-2007-0076
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ) make the following:
I. FINDINGS OF FACT:
A. James Farrar owns and operates the Farrar Dairy, a dairy operation in Harnett
County.
B. James Farrar was issued Certificate of Coverage AWC430023 under General
Permit AWG200000 for Farrar Dairy on November 24, 2004, effective November
24, 2004, with an expiration date of September 30, 2009.
C. Condition No. V.2. of the General Permit states in part "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the facility's
CAWMP (Certified Animal Waste Management Plan). At a minimum, maximum
waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25-year, 24-hour storm event plus an additional
one (1) foot of structural freeboard."
D. The 25-year, 24-hour storm event for the facility's location is between six (6) and
seven (7) inches according to National Weather Service, Technical Paper 40,
Rainfall Frequency Atlas of the United States, 1961.
E. Condition No. I11.13.c. of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V.2. of the issued permit.

F. Condition No. 1II.2.a, of the General Permit states that "highly visible waste -level
gauges shall be maintained to mark the level of waste in each lagoon/storage pond
that does not gravity feed through a free flowing transfer pipe into a subsequent
structure. The gauge shall have readily visible permanent markings. The waste
level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by or approved by the Division.
G. Condition No. 111.10. requires that the permittee maintain copies of the Certificate
of Coverage, general permit, CAWMP, leasee/landowner agreements and all
required records (for three years) in chronological and legible form. These
documents must be maintained and readily available at the facility where animal
waste management activities are being conducted.
H. Condition No. III.11. requires the permittee to provide all requested information
and reports within fifteen (15) days of receiving the request from the Division.
I. DWQ staff from the Fayetteville Regional Office conducted a site visit to Farrar
Dairy on January 25, 2007 and observed that the waste level of the lagoon was
approximately eight (8) inches, which exceeded the level specified in the
CAWMP.
J. James Farrar submitted, via fax, a Plan of Action (PoA) for High Freeboard at
Animal Facilities Five (5) Day Draw Down Period on January 29, 2007 that
documented the waste level was nine (9) inches above the designed structural
freeboard, which was twelve (12) inches. This represents a documented waste
level of the lagoon of three (3) inches.
K. The Fayetteville Regional Office did not received notification from James Farrar
that the waste level exceeded the level specified in the CAWMP prior to the
January 29, 2007 Plan of Action.
L. During the January 25, 2007 site visit, no marker was installed in the final stage
lagoon/holding pond. The January 29, 2007 Plan of Action submitted by James
Farrar stated "no marker visible".
M. DWQ staff from the Fayetteville Regional Office conducted a compliance
inspection on May 10, 2007 observing that a waste level marker was on -site but
not properly installed and required records and facility documents were not
available during the inspection.
N. James Farrar received a Request for Information from Fayetteville Regional
Office DWQ staff on April 13, 2007. The RFI sought copies of lagoon waste
level records, rainfall records, and irrigation events from March 1, 2006 through
March 31, 2007. The Fayetteville Regional Office has not received any requested
documentation from James Farrar, or any other person, in regard to the Request
for Information.

O. James Farrar was served a Notice of Violation/Notice of Intent via the Hamett
County Sheriff's Office on July 16, 2007. This NOV/NOI required the permittee
to submit copies of all irrigation records, lagoon waste level records, rainfall
records, and waste analysis reports from January 1, 2006 to present. The
permittee was also required to submit copies of most recent sludge survey, current
calibration records for irrigation equipment, and the CAWMP. The Fayetteville
Regional Office has not received any requested documentation from James Farrar,
or any other person, in regard to the NOV/NOI.
P. The costs to the State of the enforcement procedures in this matter totaled
$849.21.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. James Farrar is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V.2. of the General Permit.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V.2. violated Condition No.
I11.13.c. of the General Permit.
E. The above -cited failure to install a permanent, highly visible waste level gauge
violated Condition M.2.a. of the General Permit.
F. The above -cited failure to maintain and make readily available copies of permit
documents and required reports violated Condition III.10. of the General Permit.
G. The above -cited failure to provide requested information within fifteen (15) days
of notification, on two separate occasions, violated Condition M.11. of the
General Permit.
H. James Farrar may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty five thousand dollars
($25,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.

1. The State's enforcement costs in this matter may be assessed against James Farrar
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
J. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided ' by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 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:
M. DECISION:
James Farrar is hereby assessed a civil penalty of:
$ _ Q o for violating Condition No. V.2. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ lo o e')
$ 5-4 6)
$ 5700
P
$ y7s29
$ 849.21
for violating Condition No. M.13.c. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V.2.
for violating Condition No. 111.2(a). of the General Permit
by failing to have a highly visible waste level gauge
properly installed.
for violating Condition No. M.10. of the General Permit by
failure to maintain and make readily available copies of
permit documents and required reports.
for violation of Condition No. III.11. of the General Permit
by failure to provide requested information, on two separate
occasions.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I 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.
� a // 3 /22
(Date)
Jr., Section Chief
Aquifer Protection Section
Division of Water Quality

JUSTIFICATION FOR REMISSION RE VEST
DWQ Case Number: PC-2007-0076 County: Harnett
Assessed Party: James Farrar
Permit No. (if applicable): AWC430023 Amount Assessed: $5,599.21
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearing,and Stipulation o
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S._ 143B-282.1(b)
were wrongfully applied to the detriment of the Petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) ' the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you. took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil Penalty will _prevent payment for the remaining necessary
remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF HARNETT
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
3AMES FARRAR
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2007-0076
Having been assessed civil penalties totaling S5,599.21 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated December 13, 2007 _, 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 2007 .
SIGNATURE
Df7 LM611.1
TELEPHONE

�OF W A TFRQ Michael F. Easley, Governor
�0 G William G. Ross Jr., Secretary
CO North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins, Director
Division of Water Quality
December 13, 2007
CERTIFIED MAIL - # 7006 2150 0003 5466 5482
RETURN RECEIPT REQUESTED
Mr. James Farrar
Farrar Dairy
1175 Farrar Dairy Road
Lillington, NC 27546-9619
SUBJECT: .Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 43-0023
Harnett County
File No. PC-2007-0076
Permit No. AWC430023
Dear Mr. Farrar:
Lb
DEC I T.- M7 �
This letter transmits notice of a civil penalty assessed against James Farrar in the amount of $5,599.21
which includes S849.21 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 and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: hhtt ://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604
I�T°1e Carolina
Xaturally
Phone [phone] Customer Service
Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Comumer Paper

James Farrar
December 13, 2007
Page 2
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
a-docum&qtBecause a remission request forecloses the option of an administrative hearing, such a
tVc� � U �.�
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received

James Farrar
December I3, 2007
Page 3
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m_
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Dennis G. Lund at [phone].
Sincerely, —�
eodo4Lus h,Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Christine Blanton, Wff�6-w/ attachments FkO
File # PC-2007-0076 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF HARNETT
File No. PC-2007-0076
IN THE MATTER OF
DAMES FARRAR
} FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITIONS OF } AND ASSESSMENT OF
THE NON -DISCHARGE GENERAL ) CIVIL PENALTIES
PERMIT AWG200000 )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ) make the following:
I. FINDINGS OF FACT:
A. James Farrar owns and operates the Farrar Dairy, a dairy operation in Harnett
County.
B. James Farrar was issued Certificate of Coverage AWC430023 under General
Permit AWG200000 for Farrar Dairy on November 24, 2004, effective November
24, 2004, with an expiration date of September 30, 2009.
C. Condition No. V.2. of the General Permit states in part "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the facility's
CAWMP (Certified Animal Waste Management Plan). At a minimum, maximum
waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25-year, 24-hour storm event plus an additional
one (1) foot of structural freeboard."
D. The 25-year, 24-hour storm event for the facility's location is between six (6) and
seven (7) inches according to National Weather Service, Technical Paper 40,
Rainfall Frequency Atlas of the United States, 1961.
E. Condition No. III.13.c. of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V.2. of the issued permit.

F. Condition No. 111.2.a. of the General Permit states that "highly visible waste -level
gauges shall be maintained to mark the level of waste in each lagoon/storage pond
that does not gravity feed through a free flowing transfer pipe into a subsequent
structure. The gauge shall have readily visible permanent markings. The waste
level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by or approved by the Division.
G. Condition No. III.10, requires that the permittee maintain copies of the Certificate
of Coverage, general permit, CAWMP, leasee/landowner agreements and all
required records (for three years) in chronological and legible form. These
documents must be maintained and readily available at the facility where animal
waste management activities are being conducted.
H. Condition No. IH.11. requires the permittee to provide all requested information
and reports within fifteen (15) days of receiving the request from the Division.
I. DWQ staff from the Fayetteville Regional Office conducted a site visit to Farrar
Dairy on January 25, 2007 and observed that the waste level of the lagoon was
approximately eight (8) inches, which exceeded the level specified in the
CAWMP.
J. James Farrar submitted, via fax, a Plan of Action (PoA) for High Freeboard at
Animal Facilities Five (5) Day Draw Down Period on January 29, 2007 that
documented the waste level was nine (9) inches above the designed structural
freeboard, which was twelve (12) inches. This represents a documented waste
level of the lagoon of three (3) inches.
K. The Fayetteville Regional Office did not received notification from James Farrar
that the waste level exceeded the level specified in the CAWMP prior to the
January 29, 2007 Plan of Action.
L. During the January 25, 2007 site visit, no marker was installed in the final stage
lagoon/holding pond. The January 29, 2007 Plan of Action submitted by James
Farrar stated "no marker visible".
M. DWQ staff from the Fayetteville Regional Office conducted a compliance
inspection on May 10, 2007 observing that a waste level marker was on -site but
not properly installed and required records and facility documents were not
available during the inspection.
N. James Farrar received a Request for Information from Fayetteville Regional
Office DWQ staff on April 13, 2007. The RF1 sought copies of lagoon waste
level records, rainfall records, and irrigation events from March 1, 2006 through
March 31, 2007. The Fayetteville Regional Office has not received any requested
documentation from James Farrar, or any other person, in regard to the Request
for Information.

O. James Farrar was served a Notice of Violation/Notice of Intent via the Hamett
County Sheriff's Office on July 16, 2007. This NOV/NOI required the permittee
to submit copies of all irrigation records, lagoon waste level records, rainfall
records, and waste analysis reports from January 1, 2006 to present. The
permittee was also required to submit copies of most recent sludge survey, current
calibration records for irrigation equipment, and the CAWMP. The Fayetteville
Regional Office has not received any requested documentation from James Farrar,
or any other person, in regard to the NOV/NOI.
P. The costs to the State of the enforcement procedures in this matter totaled
$ 849.21.
Based upon the above Findings of Fact, I make the following:
Ii. CONCLUSIONS OF LAW:
A. James Farrar is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V.2. of the General Permit.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V.2. violated Condition No.
111.13.c. of the General Permit.
E. The above -cited failure to install a permanent, highly visible waste level gauge
violated Condition IIi.2.a. of the General Permit.
F. The above -cited failure to maintain and make readily available copies of permit
documents and required reports violated Condition III.10. of the General Permit.
G. The above -cited failure to provide requested information within fifteen (15) days
of notification, on two separate occasions, violated Condition IRA 1. of the
General Permit.
H. James Farrar may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than twenty five thousand dollars
($25,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.

•4.
I. The State's enforcement costs in this matter may be assessed against James Farrar
pursuant to G.S. 143.215.3(a)(9) and G.S. 143B-282. I (b)(8).
J. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 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:
James Farrar is hereby assessed a civil penalty of
$ Q D 0 _ . for violating Condition No. V.2. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
for violating Condition No. H1.13.c. of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V.2.
$ %6-0 for violating Condition No. 111.2(a). of the General Permit
by failing to have a highly visible waste level gauge
properly installed.
S. -5 -0 for violating Condition No. Ill.10. of the General Permit by
failure to maintain and make readily available copies of
permit documents and required reports.
for violation of Condition No. IIi.11. of the General Permit
by failure to provide requested information, on two separate
occasions.
$ q 7 S TOTAL CfV1L PENALTY
$ 849.21 Enforcement costs
$ SS � C�- fl2 .! TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I 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;
and
(8) The cost to the State of the enforcement procedures.
Ya bs Z:�
(Date)
Jr., Section Chief
Aquifer Protection Section
Division of Water Quality

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2007-0076 County: Harnett '
Assessed Party: James Farrar
Permit No. (if applicable): AWC430023 Amount Assessed: $5,599.21
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully a lied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) poment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION attach additional -pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF HARNETT
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
JAMES FARRAR
ENVIRONMENTAL MANAGEMENT
1010) UT131&WOWI
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2007-0076
Having been assessed civil penalties totaling $5,599.21 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated December 13.2007 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of -2007 .
SIGNATURE
ADDRESS
TELEPHONE

of W . A 7'F9
r
o �r
<<DATE>>
CERTIFIED MAd,
RETURN RECEIPT REQUESTED
RECEIPT #
Mr. James Farrar
1395 Farrar Dairy Rd.
Lillington, NC 27546
Michael F. Easley, Govemar
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farrar Dairy
Harnett County
File No. PC 2007-0076
Permit No. AWC430023
Dear Mr. Farrar:
Coleen H. Sullins. Director
Division of Water Quality
This letter transmits notice of a civil penalty assessed against James Farrar in the amount of
-I-OTALPENAL"1-Y», including $849.38 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken
under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). 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:
I . 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).
Please submit payment to the attention of:
Dennis Lund
Division of Water Quality
1636 Mail Service Center, Raleigh,
North Carolina 27699-1636
OR
NaNhcarolina
aturally
North Carolina Division of Watcr Quality/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Intemet: h2o.enrstate.nc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recyded110% Post Consumer Paper

Page 2
Mr. Farrar
Date
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether
a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please
be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
Dennis Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR

Page 3
Mr. Farrar
Date
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5.00 p.m., except for official state holidays. The original and one (1)
copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -
provided the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the Office of
Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Dennis Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Dennis Lund at [phone].
Sincerely,
Ted Bush, Section Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Dennis Lund, Central Files wl attachments
FRO Files PC-2007-0076, w/ attachments
Public Information Office w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ AP Section Case Number:
Assessed Party:
County:
Permit No. (if applicable): Amount assessed:
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Ri ht to an Administrative Hearft and Stipulation of Facts" form
to request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director to consider in determining your request for remission. Please
be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not
the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission
of a civil penalty may be granted when one or more of the following five factors applies. Please check
each factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents, as to why the factor applies (attach additional pages as needed).
(a) one or more of the civil pgnafty assessment factors in NCGS 143B-282. I M were
wrongfully pplied to the detriment of the petitioner (the assessment factors are included in the attached
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessacy remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:
\Rem. req.

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Having been assessed civil penalties totaling
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
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.
The undersigned further understands that all evidence presented in support of remission of this
civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of
receipt of the civil penalty assessment. No new evidence in support of a remission request will be
allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

o�o� w A
c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0��
Sheriff Larry Rollins
Harnett County Sheriff's Office
PO Box 399
Lillington, N.C. 27546-0399
Coleen Sullins, Director
July 3, 2007 Division of Water Quality
SUBJECT: REQUEST FOR SERVICE
Dear Sheriff Rollins:
Please serve the attached Notice of Violation/Notice of Intent to James Farrar. The information
we have to aid your service is as follows:
Farrar Dairy
James Farrar
1175 Farrar Dairy Rd.
Lillington, NC 27546-9619
OR
James Farrar
1395 Farrar Dairy Rd.
Lillington, NC 27546
It is our understanding that because we are a state agency, no fee is required for this service.
Please complete the Return of Service form in the return envelope provided herein.
The Aquifer Protection Section appreciates this assistance from your department. If you should
have any questions or require additional information, please contact me at 910-433-3300.
FRO/files
Enclosures
S
Barnhardt
Re a� upervisor
NCDENR/DWQ-AP Section
No ° Carolina
Naturally
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.slate.nc us Customer Service 1-877-623-6748
An Equal opportunilylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 6, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James Farrar
Farrar Dairy
1175 Farrar Dairy Rd
Lillington, North Carolina 27546-9619
Subject: NOTICE, OF VIOLATION/NOTICE OF INTENTLNOV-2007-PC-0412)
Administrative Code 15A NCAC 2T .1300
Farrar Dairy
Facility No_ 43-023
Harnett County
Permit No_ AWC430023
Dear Mr. Farrar:
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2T -1300, you have been found to be in violation of your 2T .1300 Permit.
Violation 1: Failure to maintain waste levels in your waste structure(s) in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. AWC430023 Section V.2.)
On January 29, 2007 a waste structure liquid level was documented at 3 inches of freeboard at final waste storage
pond_ The maximum level allowed by your permit for this storage pond must not exceed one (1) foot of structural
freeboard plus adequate storage to contain the 25-yearl24-hour storm rainfall for this structure and the area
associated with ail other lagoons/pondstwaste pits/structures that gravity feed through free flowing pipes to this
structure.
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in your Plan of Action (POA) dated January 29, 2007 and received
in the Fayetteville Regional Office on January 29, 2007. Take all necessary additional steps to insure lagoon levels
remain in compliance with Section V.2. of your permit.
Violation 2: Failure to notify Division of Water Quality of inadequate freeboard in your waste structure(s)
within 24 hours_ (Permit No. AWC430023 Section 111.13.c.)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality has
no record of receiving the 24-hour notification.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality immediately of the occurrence of any reportable events in
accordance with your permit.
NonhCarolina
Naturally
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] lnlernet h2o enr slatenc.us Customer Service s-877-623-6748
An Equal Oppo tunitylAffirmaiWe Action Employer - 50% Recycledll0°h Post Consumer Paper

Mr. Farrar
June 6, 2007
Page 2
Violation 3: Failure to install and maintain a highly visible waste level gauge to mark level of waste in
lagoon/storage pond. (Permit No. AWC430023 Section 111.2.a.)
During a January 25, 2007 site visit, it was noted that no marker was installed in the final stage lagoon/holding
pond. This was confirmed in the Plan of Action for High Freeboard at Animal Facilities — 5-day Draw Down Period
filed on January 29, 2007. A marker was on -site but not yet properly installed as of May 10, 2007.
Required Corrective Action for Violation 3:
A permanent marker clearly indicating maximum liquid level (start pump) and, if applicable, minimum liquid level
(stop pump) must be installed. The gauge should have permanent, highly visible markings and must be properly
surveyed to reference the low point of top of embankment_ Installation must be completed by August 1, 2007.
Violation 4: Failure to monitor and record waste level in Iagoonlstorage pond weekly. (Permit No.
AWC430023 Section II1.2.a)
Weekly freeboard records were not kept/made available for review during Compliance Inspection on May 10, 2007.
The owner/operator was advised to keep weekly freeboard readings during Operations Review on August 7, 2006.
Required Corrective Action for Violation 4:
If you have not already done so, immediately begin recording waste level (freeboard) readings at least weekly. The
approved form is available online at http:I/h2o_enr.state_nc,us/aps/afou/Forms_htm.
Violation 5: Failure to have Certificate of Coverage, Permit and Certified Animal Waste Management
Plan (CAWMP) readily available- (Permit No. AWC430023 Section 111.10)
Copies of the General Permit, Certificate of Coverage, and CAWMP were not kept/made available for review during
Compliance Inspection on May 10, 2007. The owner/operator was reminded to maintain these documents during
Operations Review on March 25, 2005.
Required Corrective Action for Violation 5:
If you have not already done so, locate or obtain the above documents_ Documents are to be readily available for
review along with other required records.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before July 3, 2007:
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
January 1, 2006 to the present along with a copy of your CAWMP.
2. Copy of most recent sludge survey on waste lagoon/storage pond/structures.
3. Copy of current calibration for all irrigation equipment.
4. Please have the OIC for this farm include an explanation as to how this violation occurred.
5. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in
the future.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for these violations or any past or future violation. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty of not more than $25,000.00 per day per violation.

' ^ i
Mr. Farrar
June 6, 2007
Page 3
If you have an explanation for these violations 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 recommendation
for enforcement. This office should receive information in the time frame requested within this letter. 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 consideration.
If you have any questions concerning this matter, please do not hesitate to contact Ms_ Christine Blanton,
Environmental Engineer, or myself at [phone].
Sincerely
L4
3or
SB/cdb
cc: Al Scoggins — SWC, FRO
APS Central Files — Raleigh
APS Files — FRO

Ion°� WATk�'QG
r
') $ � 45
f Michael F. E:'sley, Governor
e s A
ilYr Willian. G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
July 3, 2007 Division of Water Quality
Sheriff Larry Rollins
Harnett County Sheriff's Office
PO Box 399
Lillington, N.C. 27546-0399
SUBJECT: REQUEST FOR SERVICE
Dear Sheriff Rollins:
DECEIVED
JUL 16 2007
OENR- FAYE i--ml I � REGIONALOFRCE
Please serve the attached Notice of Violation/Notice of Intent to James Farrar. The information
we have to aid your service is as follows:
Farrar Dairy
James Farrar
1175 Farrar Dairy Rd.
Lillington, NC 27546-9619
OR
James Farrar
1395 Farrar Dairy Rd.
Lillington, NC 27546
It is our understanding that because we are a state agency, no fee is required for this service.
Please complete the Return of Service form in the return envelope provided herein.
The Aquifer Protection Section appreciates this assistance from your department. If you should
have any questions or require additional information, please contact me at 910433-3300.
Barnhardt
xegnonlrrNupervisor
NCDENR/DWQ-AP Section
FRO/files
Enclosures
ow
NMCarolina
�11 atura!!1�
North Carolina DWQlAquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 38301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal OpportunitylAffirmaWe Action Employer — 50% Recycledl10% Post Consumer Paper

1
y
•
RETURN OF SERVICE
l
� fir. •' - �
I certify that this NOTICE OF SERVICE was received on th, day of
:T c, L y , 20 C 7 , and together with the Notice of Violation/Notice of Intent
was served as follows: on the h day of
- �i L- Y , �t the following location:
►7 ,iS FAFP R A r R`1 Ap
LL C_C.TAys7Z3iy, ill L
�-L� �
(Fill in address where delivered)
By: -37—f�ayA/ ( 1 1-fl2 )
(Serving Officer)
Check one of the following:
personally delivering copies to the name individual;
RECEIVED
JUL 16 M
OENR-FAYEi[EV Uf RMQNALORRCE
left with , who is a person of suitable age discretion
and who resides in the named individual's dwelling house or place of business.
If not served on the named individual, state reason:
(Sheriff Signature) (County Sheriff) (Date)
Fee$: Waived State Agency)
Please return this form to:
Stephen A. Barnhardt
NCDENR/DWQ-AP Section
225 Green St. Suite 714
Fayetteville, NC 28301-5043
Paid by: N/A

JAN=29-2007 14:02 FROM:HARNETT COUNTY FSA F 910-B93-2795 TO:4860707
P: 2- 4
�M.s
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
FIVE (5) DAY DRAW DOWN PERIOD
I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (ID): L13 -,2-3 k✓os7k- Spiag e, Por7d
2. Current liquid volume in structural freeboard
a. current liquid level according to marker A6 /Y1arllcaf- V;s:61er inches
b. designed structural freeboard zone 12 inches
(Normally 12 inches or greater)
'ej
c. line b - line a (inches within structural freeboard) = r1 inches
d. top of dike surface area according to design l03.S�- _ ft?
(area at below structural freeboard elevation)
e_ line c x fine d x 7.48 gallons gallons
12ft
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
36.'
days
g. volume of waste produced according to structural design A ft3
Laf RAnow .72! 000
cows 50144 _ h. actual waste -priced = curreaLbm# # x lii e = ft3
certifsedJbefd #
Cows 50114 i. volume of wash water according to structural design AIA ft3
j. excess rainfall over evaporation according to design 2I12__ ft3
k. (lines h + 1 + j) x 7,48 x 5 days = 3120 1 gallons
line f
4. Total volume of waste to be land applied during 5 day draw down
I. total volume to be land applied line e + line k = 06.34 gallons
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN
THE STRUCTURAL FREEBOARD ELEVATIONS
It. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS
FOR ALL WASTE STRUCTURES FOR FACILITY
PoA (S Day) 2121100 1

JAN-29-2007 14:02 FROM HARNETT COUNTY F5A F 910-893-2795
i. structure ID: I-AArt Stoma, And
2. structure ID:
3. structure ID:
4. structure 1D:
5. structure ID-_
6. structure ID:
T0:4860707
P:3/4
line I : 6120354 gallons
line I =
gallons
line I =
gallons
line I =
gallons
line I =
gallons
line I =
gallons
n. lines 1 + 2 + 3 + 4 + 5 + 6 = 62.6314 gallons
o, line n = 2.2. �•� acre -inches
27,164
M. TOTAL ACMES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD' 2
' While this section deals with hydraulic loading capacities, applications cannot exceed
agronomic rate for receiving crop according to its certified waste plan
2 Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are
not considered available to receive waste
balance
(lbl
rate rir&r)
application
amount
(inches)
®
wTl��i.Zaa•ME
��_�
771MI
/ M
x. total acres available during 5 day draw down (sum of column Q = 6• acres
IV. FACILIT)rS PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE
Y. line o = _ inches per acre to be applied within 5 days
line x
P*A (5 Day) 2121100 2

JAN-29-2007 14:02 FROM:HARNETT CDJNTY FSA F 910-893-2795 TO:48697O7 P:4/4
If unable to land apply hydraulic load listed in line y, list course of action here including pump
and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options,
recalculate new hydraulic load based on now information.
Plan to land apply hydraulic load:
1. Describe moisture conditions of fields? (e.g./ is there water standing in field; does irrigation
equipment mar down in field; "trafficabily across soils; will soils absorb application without runoff ,
etc.) MS - SAowld he, a nay,*l cW1, Caf► o n
2. Date and amount of last rainfall event? /--L/-0-7 1. o
3. Dates of last waste application event per field $rs►''' l d6 ��s� �� �M
4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the
volume in line `n" at appropriate seasonal (i.e. winter) application rates within five days? yeS
Ao%¢ 04 re,R M bV. OCG
+ a : F%.. CP r' e mp b a CC- i n .pa-w' Gas �±
Y ph ! ieAk
5. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and
amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel
speed, etc. to meet proposed changes in application rates and amounts; and any other information
for consideration She'lld AV, a 17vrM4/ RCo &pq . Any %s amp- ► r%
r 2 yr-As. 8ei��s %r' � hen SaJd YW n• �
i7. Sff gof p� Of J
r7°
. t #
PoA (5 Day) 2121100 3

Memo
To: Todd Bennett
From Art Barnhardt
Date: 10/10/2007
Re: Recommendation for Enforcement - PC 2007-0076
Farrar Dairy was found to be out of compliance with the General Permit (AWC43-0023). Based on the
information provided in the accompanying documentation, it is my recommendation that the Division
pursue Enforcement through Civil Penalty Assessment.

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF HARNETT
File No. PC 2007-0076
IN THE MATTER OF
JAMES FARRAR }
FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF
PERMIT VIOLATIONS ) CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1, Ted
Bush, Section Chief for the Division of Water Quality (DWQ), Aquifer Protection Section, make
the following:
1. FINDINGS OF FACT:
A. James Farrar owns and operates the Farrar Dairy, a dairy operation in Harnett
County.
B. James Farrar was issued Certificate of Coverage AWC430023 under General
Permit AWG200000 for Farrar Dairy on November 24, 2004, effective October 1,
2004, with an expiration date of October 1, 2009,
C. Condition No. V.2 of the General Permit states in part "The maximum waste level
in lagoons/storage ponds shall not exceed that specified in the facility's CAWMP
(Certified Animal Waste Management Plan). At a minimum, maximum waste
level for lagoons/storage ponds must not exceed the level that provides adequate
storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot
of structural freeboard."
D. The 25-year, 24-hour storm event for the facility's location is between six (6) and
seven (7) inches according to National Weather Service, Technical Paper 40,
Rainfall Frequency Atlas of the United States, 1961.
E. Condition No. 111.13.c of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V.2. of the issued permit.

F. Condition No. I11.2.a of the General Permit states that "highly visible waste -level
gauges shall be maintained to mark the level of waste in each lagoon/storage pond
that does not gravity feed through a free flowing transfer pipe into a subsequent
structure. The gauge shall have readily visible permanent markings. The waste
level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by or approved by the Division.
G. Condition No. III.10 requires that the permittee maintain copies of the Certificate
of Coverage, general permit, CAWMP, leasee/landowner agreements and all
required records (for three years) in chronological and legible form. These
documents must be maintained and readily available at the facility where animal
waste management activities are being conducted.
H. Condition No. Ill. II requires the permittee to provide all requested information
and reports within fifteen (15) days of receiving the request from the Division.
DWQ staff from the Fayetteville Regional Office conducted a site visit to Farrar
Dairy on January 25, 2007 and observed that the waste level of the lagoon was
approximately eight (8) inches, which exceeded the level specified in the
CAWMP.
J. James Farrar submitted, via fax, a Plan of Action (PoA) for High Freeboard at
Animal Facilities Five (5) Day Draw Down Period on January 29, 2007 that
documented the waste level was nine (9) inches above the designed structural
freeboard, which was twelve (12) inches. This represents a documented waste
level of the lagoon of three (3) inches.
K. The Fayetteville Regional Office had not received notification from James Farrar
that the waste level exceeded the level specified in the CAWMP prior to the
January 20, 2007 Plan of Action.
L. During the January 25, 2007 site visit, no marker was installed in the final stage
lagoon/holding pond. The January 29, 2007 Plan of Action submitted by James
Farrar stated "no marker visible".
M. DWQ staff from the Fayetteville Regional Office conducted a compliance
inspection on May 10, 2007 observing that a waste level marker was on -site but
not properly installed and required records and facility documents were not
available during the inspection.
N. James Farrar received a Request for Information from Fayetteville Regional
Office DWQ staff on April 13, 2007. The RFI sought copies of lagoon waste
level records, rainfall records, and irrigation events from March 1, 2006 through
March 31, 2007. The Fayetteville Regional Office has not received any requested
documentation from James Farrar, or any other person, in regard to the Request
for Information.

O. James Farrar was served a Notice of Violation/Notice of Intent via the Harnett
County Sheriff's Office on July 16, 2007. This NOVINOI required the permittee
to submit copies of all irrigation records, lagoon waste level records, rainfall
records, and waste analysis reports from January 1, 2006 to present. The
permittee was also required to submit copies of most recent sludge survey, current
calibration records for irrigation equipment, and the CAWMP. The Fayetteville
Regional Office has not received any requested documentation from James Farrar,
or any other person, in regard to the NOV/NOI.
P. The costs to the State of the enforcement procedures in this matter totaled
$ 849.21.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. James Farrar is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V.2. of the General Permit.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V.2. violated Condition No.
111.13.c of the General Permit.
E. The above -cited failure to install a permanent, highly visible waste level gauge
violated Condition III.2.a of the General Permit.
F. The above -cited failure to maintain and make readily available copies of permit
documents and required reports violated Condition II1.10 of the General Permit.
G. The above -cited failure to provide requested information within fifteen (15) days
of notification, on two separate occasions, violated Condition III. I I of the General
Permit.
H. James Farrar may be assessed civil penalties 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 who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.

I. The State's enforcement costs in this matter may be assessed against James Farrar
pursuant to G.S. 143-215.3(a)(9) and G_S. 14313-282.1(b)(8).
J. The Section Chief for the Water Quality for the Aquifer Protection Section,
pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water
Quality, 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:
James Farrar is hereby assessed a civil penalty of:
$ for violating Condition No. V.2 of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ for violating Condition No. HI.13.c of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V.2.
$ for violating Condition No. I11.2(a) of the General Permit
by failing to have a highly visible waste level gauge
properly installed.
$ for violating Condition No. II1.10 of the General Permit by
failure to maintain and make readily available copies of
permit documents and required reports.
$
for violation of Condition No. III.I I of the General Permit
by failure to provide requested information, on two separate
occasions.
Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 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) Ted Bush, Section Chief
Water Quality Regional Supervisor

DIVISION OF WATER QUALITY -- CIVIL PENALTY ASSESSMENT
Violator: James Farrar
County: Harnett
Case Number: PC-2007-0076
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting
from the violation;
( ) not significant () moderately significant ( ) significant ( ) very significant ( ) extremely significant
2) The duration and gravity of violation;
( ) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
3) The effect on ground or surface water quantity or quality or on air quality;
( ) not significant ( ) moderately significant ( ) significant ( ) very significant O extremely significant
4) The cost of rectifying the damage;
( ) not significant ( ) moderately significant ( ) significant ( ) very significant( ) extremely significant
5) The amount of money saved by noncompliance;
( ) not significant ( ) moderately significant O significant O very significant O extremely significant
6) Whether the violation was committed willfully or intentionally;
( ) 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 which the Environmental
management Commission has regulatory authority; and
( ) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
8) The cost to the State of the enforcement procedures.
( ) not significant O moderately significant ( ) significant ( ) very significant ( ) extremely significant
Date Coleen H. Sullins, Director
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;
( ) Whether the violation was inadvertent or a result of an accident;
( ) Whether the violator had been assessed civil penalties for any previous violations; and
( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Date oleen H. Sullins, Director

OF VYA r'� Michael F. Easley, Governor
`OCR _ AEG
North William G. Ross Jr., Secretary
Carolina Department of Environment and Natural Resources
U1 Alan W..Klimek, P.E. Director
Division of Water Quality
t7 �
April 10, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James Farrar
1175 Farrar Dairy Rd.
Lillington, NC 27546-9619
SUBJECT: Request for Information
Farrar Dairy
Facility No. 43-023
Permit No. AWC430023
Dear Mr. Farrar:
Late last year or earlier this year, you, or a representative of your farm, reported a
high freeboard at one or more lagoons. As specified in your permit, the Division of
Water Quality requests that you submit a copy of all lagoon levels, rainfall records and
irrigation events from March 1, 2006 through March 31, 2007 (thirteen months) by April
27 to the Fayetteville Regional Office of the Division of Water Quality. If you have any
questions please contact me at 910-433-3330.
Sincerely,
Ricky Revels
Environmental Senior Specialist
j�'NA
NA Division of Water QualitylAquifer Protection Section
R 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone. [phone] FAX'. [phone]
Internet: http://gw.ehnLatate nnc.us
Customer Service: [phone]

1
t
t
Postage s . 3
t
I Certified Fee
Postmark
t Return Receipt Fee Hera
1 (Endorsement Required)
I Restricted Delivery Fee
y//-o 7
(Endorsement Required)
Total Postage & Fees L$ —f-
I Sern To IL I — ---- • i__ -r-� ------- ---- - ----
Street, Apt. No.;
or PO Bar No.
� - -:---•--------- ------ i� -T- --- •=------------------
tarty; State, TJP , D
James Farrar
1175 Farrar Dairy Rd.
Lillington, NC 27546-9619
SUBJECT: Request for Information
Farrar Dairy
Facility No. 43-023
Permit No. AWC430023
Dear Mr. Farrar:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W..Klimek, P.E. Director
Division of Water Quality
April 10, 2007
Late last year or earlier this year, you, or a representative of your farm, reported a
high freeboard at one or more lagoons. As specified in your permit, the Division of
Water Quality requests that you submit a copy of all lagoon levels, rainfall records and
irrigation events from March 1, 2006 through March 31, 2007 {thirteen months} by April
27 to the Fayetteville Regional Office of the Division of Water Quality. If you have any
questions please contact me at 910-433-3330.
Sincerely,
Ricky Revels
Environmental Senior Specialist
ii��� Division of Water Quality/Aquifer Protection Section
h 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
Internet: http://gw.ehnr.state.nc.us
Customer Service: [phone]

Division of Water Quality I l{ 1
rFacifity Number r 3 Q Division of Soil and Water Conservation
Q Other Agency
F
f Visit )ACompliance Inspection O Operation Review O Structure Evaluation O Technical Assistance
n for Visit 14 Routine i Complaint O Follow up O Referral Q Emergency Q Other ❑ Denied Access
Date of Visit: i�_ -0 �Arrival Time: Z- /0 Departure Time: zz�s -1 County: t_ 4Ct "*- Region: El L—O_
Farm Name: Owner Email:
Owner Name: S W W _ _ . +Phone: r
Mailing Address: 1 1 L C]y�y 07!3k
-k �
Physical Address: CM S�ii
l
Facility Contact: voks fo Title: _ \ 2 C} _ Pltone No:
Onsite Representative: Integrator: d n
Certified Operator: r�� Operator Certification Number'1'
Back-up Operator:
Location of Farm:
Design Current
Swine Capacity Population
10 Wean to Finish
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
Boars
Other
❑ Other
Back-up Certification Number:
Latitude: WO
M � « Longitude: Im
Design Current
Wet Poultry Capacity Population
❑ La er I_
❑ Non-Layei I
Dry Poultry
❑
La ers
❑
Non -La ens
❑
Pulfets
❑
Turkeys
❑
1 urke - PoLrits
❑
Other
Discharges & Stream Impacts
1. fs any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other
a_ Was the conveyance man-made?
b. Did the discharge reach waters of the State'? (if yes, notify DWQ)
Design Current
Cattle Capacity Population
Waja Cow
CgTO
❑ Da!a Calf
❑ Dairy Heifei
❑ Cow
❑ Non -Dairy
❑ Beef Stocker
❑ Beef Feeder
❑ Beef Brood Co
c. What is the estimated volume that reached waters of the State (gallons)?
Number of Structures: Fil
d. Does discharge bypass the waste management system? (If yes, notify DWQ)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Wa_ers of the State
other than from a discharge?
❑ Yes A No ❑ NA ❑ NE
❑ Yes ❑ No NA ❑ NE
❑ Yes ❑ No NA ❑ NE
❑ Yes ❑ No _.I;JNA ❑ NE
❑ Yes RrNo ❑ NA ❑ NE
❑ Yes PA No ❑ NA ❑ NE
12128104 Continued

Date of inspection t) �
TM
Facility Number:
T,
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
❑ Yes
MKI
upNo ❑ NA ❑ NE
a. if yes, is waste level into the structural freeboard?
❑ Yes
❑ No MNA ❑ NE
Structure I Structure 2 Structure 3 Structure 4
Structure
5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in): fV c[c ; ,,, - r Ilei
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
%No ❑ NA ❑ NE
Oe/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed
❑ yes— %No ❑ NA ❑ NE
through a waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or
environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement?
❑ Yes
E� No ❑ NA ❑ NE
8. Do any of the stuctures lack adequate markers as required by the permit?
❑ Yes
bd No ❑ NA ❑ NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑ Yes
Mo ❑ NA ❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
,&No ❑ NA ❑ NE
maintenance/improvement?
11. Is there evidence of incorrect application? If yes, check the appropriate box below.
❑ Yes
If No ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or l0 lbs ❑ Total Phosphorus ❑ Failure to incorporate Manure/Sludge
into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside
of Area
12- Crop type(s) rn Uj Cx �t7 car rYl � : ra n.. CAS I c; on �Si
13. Soil type(s) �-O_b . �10 , f)n 1) . 'V o_
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes 'TO No
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
21 No
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?❑ Yes
k No
❑ NA
❑ NE
17. Does the facility lack adequate acreage for land application?
❑ Yes
[34No
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
❑ Yes
0 No
❑ NA
❑ NE
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. I
Use drawings of facility to better explain situations. (use additional pages as necessary):
' ' o_ c "moo b2 Pf-&L - tli-t 1% ne, '_r i' - Y'.r. �_r Y '(!PS.9_ `
4-t (_cC7 �' ✓
Reviewer/Inspector Name 7i 8 Ln Nre/ } Phone: Mb Y33 3U!K�
Reviewer/Inspector Signature: y, Date:
I2/28/U4 Continued

Facility Number: r -i>Z3 Date of Inspection c3
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? Yes ❑ No ❑ NA ❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check 01 Yes ❑ No ❑ NA ❑ NE
the appropirate box. 50 W`Up ❑ Checklists El Other
❑ Design El Maps
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ NE
❑ Waste Application [A Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ Rainfall [:]Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rain Inspections ❑ Weather Code
22. Did the facility fail to install and maintain a rain gauge?
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
25. Did the facility fail to conduct a sludge survey as. required by the permit?
26. Did the facility fail to have an actively certified operator in charge?
27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
Other issues
28. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report the mortality rates that were higher than normal?
30. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately
31. Did the facility fail to notify the regional office of emergency situations as required by
General Permit? (ie/ discharge, freeboard problems, over application)
32_ Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
33. Does facility require a follow-up visit by same agency?
❑ Yes
�)No
❑ N��rA,,
El NE
El yes
El No
[9 A
ENE
❑ Yes
❑ No
❑ NA
'NE
❑ Yes
❑ No
❑ NA
❑ Yes
;M No
❑ NA
❑ NE
❑ Yes
❑ No
W NA
•❑ NE
❑ Yes No
❑ NA
❑ NE
❑ Yes �j No
❑ NA
- ❑ NE
❑ Yes No
❑ NA
❑ NE
❑ Yes No
❑ NA
❑ NE
❑ Yes "�4 No
❑ Yes 1�1 No
❑ NA ❑ NE
❑ NA ❑ NE
Additional Comments and/or Drawings:
+IY1a.. n cti ,n i,�E.,� �r e�bCxa�tr d �'�4. C�►
YVQ A Lv'. SCE
bz Sure— ' 0 y,1a_ r 4a ' rZ
e�2-ba;`ir �. -- 5 • j ��al i s s
r\-�l I 4 Co_ i: b f aka w t
a (�eed in �17
— S I� d- S �v� v� t r(�'
�ot'e no 1onC,Q i C_k.i'4
4W4 0.rc�mat•c CliRzi'a�
12128104

Facility No. ` Time In I Time Out Date q1-o107_
Farm Name f a i Integrator
Owner �x,nv,� Jc�lfr yr Site Rep
Operator �n A&A!!�2 tea- r >rQ � No. LA=
Back-up No. -
COC Circle: General or NPDES
Design
Current
Design
Current
Wean - Feed
Farrow — Feed
Wean — Finish
Farrow — Finish
Feed, Finish
Gilts / B r
Farrow —Wean
Others
i ;
1
FRE sign
JIUUge�..l.o..
.yUI Y6
rop Yield^~
a�n ge
Soil Testr board
Spray/Freeboard Drop _
Weather Codes No
PLAT
Daily Rainfall —�
120 min Inspections
Waste Analysis:
ate Nitrogen (N)
1 t�
Observed
r
e ransfers �
Rain Breaker
Wettable Acres
1-in Inspections
Date Nitrogen (N)
Pull/Field Soil Crop Pan Window
alb JI
J 1 —