780035_ENFORCEMENT_20171231

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WILTON B. KINLAW
675 SMrrH MILL ROAD
LUMBERTON NC 28358
Dear Wilton B. Kinlaw:
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
January 14, 2004
JAN 2 0 2004
Subject: Notice of Violation and Revocation for Nonpayment
Wilton B. Kinlaw Farm
Permit Number: NCA278035
Robeson County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 4/912003.
Your annual permit fee for the period of 4/9/2003 - 4/8/2004 is $150.00. Your payment was due 1011012003.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to.revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for. your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional Office
Robeson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 25, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John Overstreet
698 Roberts Road
Lumberton, NC 28358
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Overstreet Farm
NPDES Permit No.NCA278035
Robeson County
Dear John Overstreet:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition 111. 12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March I of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterqualiiy.org location: 2728 Capital Boulevard
An Equal OpportunitylAffirmative Action Employer 50% Recyded110% Post Consumer Paper
N� Carolina
ratura!!y
Raleigh, NC 27699-1636 "telephone: [phone]
Raleigh, NC 27604 Fax 1- [phone]
Fax 2: [phone]
Customer Service: [phone]

John Overstreet i
Page 2
April 25, 2006
enforcement action for a violation of your permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at [phone] or Miressa D. Garoma at [phone].
Sincerely,
Steph A. Barnhardt
Aquifer Protection Regional Supervisor
cc: Facility File 78-35
APS Central Files
Carroll's Foods, Inc_
Division of Soil and Water, Fayetteville Regional Office
Robeson Soil and Water Conservation District

May 23, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John Overstreet
698 Roberts Rd.
Lumberton, NC 28358
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
if Seg D od oddreif ,
cce e net-oydrfff Wer
Re: Notice of Violation/Notice of Intent N0Y- a00)-PC--0`{75-
Sludge Survey Report
Overstreet Farm
NCA278035
Robeson County
Dear John Overstreet:
This letter is to notify you that the subject facility is in violation of the following General Permit
Conditions:
NPDES Permit Number NCA278035 Condition 111.16 requires a survey of the
sludge accumulation in all lagoons within one (1) year of receiving the COC and
every year thereafter. This survey shall include but not be limited to a sketch
showing the depth of sludge in the various locations within each lagoon. This
survey shall be submitted as part of the facility's annual report in the year it was
conducted. DWQ has not received the Sludge Survey Report for this facility.
2. NPDES permit number NCA278035 condition 111.19 requires that the permittee
respond to the Division's record request within five (5) working days.
On May 2, 2007, a Request for Information letter was mailed from the Division of Water Quality
requiring you to submit the Sludge Survey Report. As of today, DWQ has still not received a
response to the request.
Required Corrective Action:
Please respond to this request by filling out the attached Sludge Survey Report Form for the year
2006 as required by your NPDES permit and return by Friday June 1, 2007 to the following
address:
Aquifer Protection Section 1636 Mail Service Center
Internet: www.newater uali '.or location: 2728 Capital Boulevard
An Equal OpportunitylAtlirmative Action Employer— 50% Recycled110% Post Consumer Paper
NorthCarotina
A71A(ra!!ry
Raleigh, NC 27699-1636 Telephone; [phone]
Raleigh, NC 27604 Fax I: [phone]
Fax 2: [phone]
Customer Service: [phone]

John Overstreet
Page 2
5/23/2007
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Aquifer Protection Section of the Division of Water Quality is considering recommending an
enforcement action to the Director for the referenced violations. if you have reason to believe
that these violations were caused by events or circumstances beyond your control you should
include any such justification along with your written response to this notice. Please note that
these violations are subject to civil penalties of up to $25,000 per day per violation.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Miressa D.
Garoma at [phone] or the Fayetteville Regional Office at [phone].
Sincerely,
1
S
5i
Art Barnhardt
Aquifer Protection Regional Supervisor
Fayetteville Regional Office
cc: APS Central Files
Murhy-Brown, LLC
Division of Soil and Water, Fayetteville Regional Office
Robeson Soil and Water Conservation District

Dee 1_�reeiman
C lC7r�
As of this date. our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) ('_l to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The foliowine invoices are outstanding:
Invoice Number
Invoice Date I Due Date
Outstanding Fee (Si
HEHR
Orli? l.ar01ir1a Department Of Environment and NaILlra Resource—s
ISO
Divislori o3 Water l uafltt
Beve iy saves Ferdue
Coin—en 'H, -uIIins
a Brno
:-)t re tiJr
December 10, 2010 RECEIVED
CERTIFIED MAIL
DEC , 200
RETURN RECEIPT REQUESTED
Stewart, Jeremy
DENR-FAYETTEMLLE REGIONAL OFFICE
Overstreet Farm
699 Roberts Rd
Lumberton- NC 2S35S
Subject: Notice of Violation
Overstreet Farm
Permit Number AXNrS780035
Robeson County
Dear Permittee,
Dee 1_�reeiman
C lC7r�
As of this date. our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) ('_l to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The foliowine invoices are outstanding:
Invoice Number
Invoice Date I Due Date
Outstanding Fee (Si
_
^2010PR007281
7/14/2010 I 8/13/2010
ISO
Please be reminded that the table above covers on1v the most recent invoice seat to vou. Please
also include pc{vmenrs for invoices sent in the previous years for which the anuual fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions. to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action. to the Director of the Division of lAlater Quality who may issue a
civil penalty assessment of not more that twenty-five thousand (525.000) dollars against any "person
who violates or fails to act in accordance with the terms. conditions. or requirements of a permit under
authority of G.S. 14'-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thin (30) days of this Notice of Violation.
Please remit the payment, made pa} -able to the North Carolina Department of Environment and
Natural Resources (NCDENR). in the above amount. Please include Per-nrir Number on your check and
mail this payment to:
Division of Water Quality - Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
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If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at jays joshi ,ncdenr.Lov.
Sincerely.
Keith Larick, Supervisor
Animal Feeding Operation unit
cc: ietteville Regional Office. Aquifer Protection Section
APS Central File (Permit No AWS780035)