820218_ENFORCEMENT_20171231

2 V
NORTH CAROLINA
Department of Environmental Qua

ROY COOPER
covens
NlCHAEL S. REGAN
sn-+mr
UNDA CULPEPPER
batft a>
Ryan Matthew Butler
Matt Butler Farm
102 Coharie Ln
Clinton, NC-28328
Dear Mr. Butler:
NORTH CAROLINA
EnWrmMenWQua[ftg
December 5, 2018
DEC 10 2018
WQROS
FAYETT'EVILLE WGIC NAL OFFICE
RE: Acknowledgment of Receipt of Payment
Case No.: PC-2017-0004
Farm No.: 82-0218
Sampson County
This letter is to acknowledge receipt of your check No. 18604 in the amount of $1782.54
on December 4, 2018. This payment satisfies in full the civil assessment in the amount of
$1782.54 levied against Ryan Matthew Butler and the case has been closed. If you have any
questions, please call me at [phone].
Sincerely,
*j
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources, NCDEQ
cc: WQROS= Fayetteville -Regional ceffi
File ## PC-2017-0004
WQROS Central Files (AWS820218)
z: �
D. Q
��
North Carolina Department of Environmental Quality I Division of Water Resources I AFOGW Section
512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707.9129

WaterResources
ENVIRONMENTAL GUAUTV
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ryan Butler
Matt Butler Farm
1218 Belvoir School Rd
Clinton, NC28328-8328
Dear Permittee,
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
r<tLEIVEDr
July 8, 2016 OEQ/DWR
JUL 12 2016
WQROS
PAYE--77r-' flt 1-E REGIONAL- OFFICE
Subject: Notice of Deficiency
Matt Butler Farm
Permit Number AWS820218
Sampson County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2015PR004793
6/4/2015
180
2016PR004082
6/5/2016
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
State of North Carolina I Environmental Quality I Water ResourcesrWater Quality Regimml Operations
1636 Mail sen ice Ceraer I Raleigh, North Carolina 27699-1636
9198076464

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff'at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820218)

MUM
Water Resources
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ryan Butler
Matt Butler Farm
102 Coharie Ln
Clinton, NC28328-8328
Dear Permittee,
FEB 2 0 ?018
WORDS
FAYETTEVILLF PFt,IONA1 OFFICE
February 14, 2018
Subject: Notice of Deficiency
Matt Butler Farm
Permit Number AWS820218
Sampson County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to Pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstandine:
Invoice Number
Due Date
Outstandin Fee $
2017PR004088
6/3/2017
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources - Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd-
>-Notl lnq Cornpares�. _
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820218)

RECEIVED
DEQIDWR
Water Resources
Environmental Quality
MAY 18 2017
WQROS
FAYETTEVILLE REGIONAL OFFICE
May 16, 2017
CERTIFIED MAIL - #70I6 2140 0000 0564 3586
RETURN RECEIPT REOVESTED
Ryan Matthew Butler
Matt Butler Farm
102 Coharie Ln
Clinton, NC 28328
SUBJECT: Request for Payment of Civil Penalty
Enforcement File No. PC-2017-0004
Sampson County
Dear Mr. Butler:
ROY COOPER
Governor
MICRAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
On February 24, 2017, the Director of Division of Water Resources (DWR) assessed a civil penalty
against you in the amount of $1782.54, including $282.54 in investigative costs, for failing to designate a
Certified Animal Waste Management System Operator with a valid certification. '
If any civil penalty has not been paid within 30 days after the final agency decision has been served on the
violator, North Carolina General Statue 143-215.6A (g) allows the Secretary of the Department of
Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any
county in which the violator resides or has his or its principal place of business to recover the amount of
the assessment. The Division has the certified mail green card that shows you received the Final Agency
Decision on March 6, 2017.
This letter serves as final notice that the Division will proceed to refer your case to the North Carolina
Attorney General's Office unless payment of this civil penalty is received within 10 days of your receipt
of this notice, the North Carolina Attorney General's Office will seek collection through the courts -
Should you have any questions, please contact Miressa D. Garoma at [phone] or Debra Watts at
[phone].
Sincerely,
Ar. 7
M/irressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Fayetteville WQROS Regional Office
File # PC-2017-0004
WQROS Central Files (AWS820218)
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

S
Water Resources
Environmental Quality
February 24, 2017
CERTIFIED MAIL - #7009 2250 0000 80871795
RETURN RECEIPT REQUESTED
Ryan Matthew Butler
Matt Butler Farm
102 Coharie Ln
Clinton, NC 28328
Dear Mr. Butler:
ROY COOPER
Governor
NUCHAEL S. REGAN
Secretary
S. JAY ZRAMERMAN
Director
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 82-0218
Sampson County
Enforcement File No. PC-2017-0004
This letter transmits notice of a civil penalty assessed against Ryan Matthew Butler in the amount of
$1500.00, and $282.54 in investigative costs, for a total of $1782.54. 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 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (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.
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
-5�"Nothing Compares'--
State of North Carolina I Favironmental Quality I Division of Water Resources
water Quality Regional Operations Section
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Assessment of civil penalty
Ryan Matthew Butler
Enforcement # PC-2017-0004
Page 2 of 3
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 Resources 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 Resources will review your evidence and inform you
of their 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 Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 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.

Assessment of civil penalty
Ryan Matthew Butler
Enforcement # PC-2017-OM
Page 3 of 3
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 petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 Miressa D. Garoma at [phone].
Sincerely,
l
on Ris d, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Fayetteville WQROS Regional Supervisor w/ attachments
File # PC-2017-0004 w/ attachments
WQROS Central Files w/ attachments
Sampson County Health Department
DEQIDWR
FEB 2 8 2017
WQROS
FAYETTTEVILLE RFC310MAl r1c��rc

. -6�
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
RYAN MATTHEW BUTLER
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC-2017-0004
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
)
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Section Chief of the
Water Quality Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Ryan Matthew Butler owns and operates Matt Butler Farms, a swine operation in
Sampson County.
B. Ryan Matthew Butler was issued Certificate of Coverage AWS820218 by DWR, under
General Permit AWG 100000 for Matt Butler Farms on October 1, 2014, effective upon
issuance, with an expiration date of September 30, 2019.
C. Condition No. H' 16. of the General Permit AWG100000 states that the permittee shall
designate a certified animal waste management system operator to be in charge of the
animal waste management system. The waste management system shall be operated by the
Operator In Charge (OIC) or a person under the OIC's supervision.
D. DWR staff from the Fayetteville Regional Office (FRO) inspected Butler Farms records
on November 2, 2016. It was documented that Matt Butler Farms had no documentation
of an actively certified operator in charge. During the annual inspection on December 22,
2015 of Matt Butler Farms it was documented that the designated Operator in Charge (OIC)
license was invalid. Matt Butler Farms was sited with a NOD-201 5 -PC-0309.
E. On November 17, 2016, DWR issued a Notice of Violation (NOV) / Notice of Intent of
Enforcement (NOI) to Ryan Matthew Butler identifying violations of 15A NCAC 2T.1304
and Permit No. AWG100000 for failure to designate a Certified Animal Waste
Management System Operator with a valid certification.
F. The NOV/NOI was sent by certified mail, return receipt requested and received on
December 20, 2016
G. The cost to the State of the enforcement procedures in this matter totaled $282.54.

Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW.
A. Ryan Matthew Butler is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant
to N.C.G.S. 143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. The above -cited failure to designate a certified animal waste management system
operator with a valid certification to be in charge of the animal waste disposal
system in accordance with the facilities permitted waste disposal system violated
Condition No. 1116 of the General Permit AWG10000
D. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may
be assessed against a person who fails to apply for or to secure a permit required by
N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions,
or requirements of a permit required by N.C.G.S. 143-215.1.
E. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable
costs of any investigation, inspection or monitoring survey may be assessed against a
person who violates any regulations, standards, or limitations adopted by the
Environmental Management Commission or violates any terms or conditions of any permit
issued pursuant to N.C.G_S. 143-215.1, or special order or other document issued pursuant
to N.C.G.S. 143-215.2.
F. The Section Chief of the Water Quality Regional Operations Section, Division of Water
Resources, pursuant to delegation provided by the Secretary of the Department of
Environmental Quality and the Director of the Division of Water Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Ryan Matthew Butler, is hereby assessed a civil penalty of:
For violations of Condition No. H.16. of General Permit AWG100000 for
failing to designate a Certified . Animal Waste Management System
Operator with a valid certification.
$ 14-oo4U TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$ 282.54 Enforcement costs
$ l -I Z Z), S H TOTAL AMOUNT DUE

Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty i have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-282.1(b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
N. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and
investigative cost may be assessed for any other rules and statutes for which penalties have not yet been
assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Ryan Matthew
Butler, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) 4JomnardSectionChief
ality Regional Operations Section
of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator:
Ryan Matthew Butler
County:
Sampson
Case Number:
PC-2017-0004
Permit Number:
AWS820218
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;
In reference to the cited violations, no harm to the natural resources of the State was observed, to the
public health, or to private property was documented. No discharge of waste from the waste collection
and treatment system could be documented.
2) The duration and gravity of the violation;
Matt Butler Farms operated approximately twelve months without a valid certified OIC.
3) The effect on ground or surface water quantity or quality or on air quality;
No evidence of ground or surface water effect could be determined. No discharge of the waste collection
and treatment system could be found.
4) The cost of rectifying the damage;
This factor cannot be determined because no data exists to establish the presence or extent of damages.
5) The amount of money saved by noncompliance;
The amount of monetary savings by not having a valid certified OIC would be the estimated cost of
$35.00 for the I0-hour class, $80.00 cost of test, $10.00 for license fee and personal time and expense.
`` II r+
CUSS" U� %{ t. .lam S c�.� {vC � i i[ - a[ i tti P-r t l 4 yllruK. I lz
6) Whether the violation was committed willfully or intentionally;
The 2015 violation was not wildly. Most likely due to the accident suffered by Mr. Joe Butler.
Failure to appoint someone after the 2015 inspection could be considered 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
June 2010 — NOV — For failure to pay annual fee
Dec. 2010 — NOV - For failure to pay annual fee
Sept. 2011 — NOV - For failure to pay annual fee
Dec. 2015 — NOD - For failure to designate OIC
July 2016 — NOD - For failure to pay annual fee
8) The cost to the State of the enforcement procedures.
$282.54
r-
2f�C1
^ Date Jon gaard
rev 1.0 - 8.31.09

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2017-0004 County: Sampson
Assessed Party: Ryan Mattbew Butler
Permit No.: AWS820218 Amount assessed: $1782.54
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver ofRight to an Administrative Hearing, and StipulationofFacts "
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 penalty assessment factors in NCGS 143B-2821(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or 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 far); ,
(d) the violator had not been assessed civil penalties for anyd 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:
\Rem. req.

STATE OF NORTH CAROLINA
Wei W01 V 0 UT J Wrem
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
RYAN MATTHEW BUTLER
PERMIT NO. AWS820218
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
} FILE NO. PC-2017-0004
Having been assessed civil penalties totaling S 1782.54 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, February 24, 2017, the
undersigned, desiring to seek remission of the civil penalty, 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
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
2017

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Y
Water Resources
ENVIRONMENTAL QUALITY
Secretary
S. JAY ZIMMERMAN
Director
November 17, 2016
CERTIFIED MAIL 7012 3050 0001 9399 2489
RETURN RECEIPT REQUESTED
Mr. Ryan Matthew Butler
102 Coharie Ln
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2016-PC-0532
Matt Butler Farm Facility No. 82-218, Permit No. AWS820218
Sampson County
Dear Mr. Butler
On October 20, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section inspected the Butler Farms and the permitted waste disposal system. We wish to
thank Mrs. Greer Moore, who was present and assisted during the inspection.
As a result of this inspection, 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 .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to designate a certified animal waste management system operator with a valid certification to be
in charge of the animal waste management system in accordance with the facilities permitted waste
disposal system. (Permit No. AWG100000 Section 1116).
On November 2, 2016 during the review of your records for the October 20, 2016 inspection it was
documented that you had no documentation of an actively certified operator in charge.
During your annual inspection (records review) on December 22, 2015 it was documented that Mr. Joe
Butler did not have a valid Operator In Charge (01C) license. Butler Farms was given till January 30,
2016 to designate a certified animal waste management system operator.
Required Corrective Action for Violation 1:
State of Norib Carolina I Eavirontnentat Quality I Water Resources
225 Green Street -Suite 7141 Fayetteville, North Carolina 28301-5043
910-433-3300

Mr. Butler
November 17, 2016
Page 2
Designate a certified animal waste management system operator with a valid certification to be in charge
of the animal waste management system at Butler Farms AWS820716 within 30 days of receipt of this
letter.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before December 15, 2016
1. An explanation from the 01C for this farm regarding how this violation occurred
2. A list from the O1C concerning the steps that will betaken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before
December 15, 2016 and to provide a written response to this Notice by December 15, 2016. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Resources who may issue a civil penalty assessment of not more
that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources

Mr. Butler
November 17, 20 1 6
Page 3
cc: Debra Watts, DWR Animal Feeding Operations Program
Smithfield Pork
Fayetteville Regional Office WQROS files

PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Water Resources
ENVIRONMENTAL QUALITY
seemury
S. JAY ZIMMERMAN
Durctor
November 17, 2016
CERTIFIED MAIL 7012 3050 00019399 2489
RETURN RECEIPT REQUESTED
Mr. Ryan Matthew Butler
102 Coharie Ln
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT
Administrative Code 15A NCAC 2T . 13 04
NOV-2016-PC-0532
Matt Butler Farm Facility No. 82-218, Permit No. AWS820218
Sampson County
Dear Mr. Butler
On October 20, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section inspected the Butler Farms and the permitted waste disposal system. We wish to
thank Mrs. Greer Moore, who was present and assisted during the inspection.
As a result of this inspection, 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 .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to designate a certified animal waste management system operator with a valid certification to be
in charge of the animal waste management system in accordance with the facilities permitted waste
disposal system. (Permit No. AWG100000 Section II 16).
On November 2, 2016 during the review of your records for the October 20, 2016 inspection it was
documented that you had no documentation of an actively certified operator in charge.
During your annual inspection (records review) on December 22, 2015 it was documented that Mr. Joe
Butler did not have a valid Operator In Charge (OIC) license. Butler Farms was given till January 30,
2016 to designate a certified animal waste management system operator.
Required Corrective Action for Violation 1:
State of North Carolina I Environmental Quality I water Resources
225 Grern Street -Suite 714� Fayetteville, North Carolina 29301.5043
910-433-3300

Mr. Butler
November 17, 2016
Page 2
Designate a certified animal waste management system operator with a valid certification to be in charge
of the animal waste management system at Butler Farms AWS820716 within 30 days of receipt of this
letter.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before December 15, 2016
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will he taken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before
December 15, 2016 and to provide a written response to this Notice by December 15, 2016. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. if you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Resources who may issue a civil penalty assessment of not more
that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources

Mr. Butler
November 17, 2016
Page 3
cc: Debra Watts, DWR Animal Feeding Operations Program
Smithfield Pork

U.S. Postal ServiceT
CERTIFIED
MAIL„ RECEIPT
e�
(Domestic Mail Only,
No Insurance Coverage
Provided)
For delivery information
visit our website at www.usps.com-
OFFICIAL
U
-
1
.1
-
FA
A'
PS.Form 3600, Augusl_?009
See
Reverse for lnslruct'rons
-T-.Y���5-tiF w.t�..e
V'M" Complete tfems 2 :aild 3' Also complete
item 4 if Restricted 6 ivory is desired, -:, / E = C] Agent.
i .■.,Print your iiatne and'address on:ihe'reverse Wt _ '' ©' 4ctdressee
so that we can return the card to`you.--B by ( rtfed ) ' C Date of Defivery
:� Attach this caid to the back of the`rM' i1Piece 4 ?-
{> . or.ori the f ioiit if spare permits *
i ,Article liddiBsserl to � is rlefrver aid&n ,ss d6 4rorri item i 1 Yes
r 7,
M enter delivery addrsss below, ❑' Nv ;
\tR� RYEAN MN l"� 11� 1VY-BU;T1J- R > � � � ,
S Y
> ` 3 SernL4T
o a C 5 4; k z s s J ' k certrfied MaEI c t I E7 oass Mall ;
fl .Registered * t`�Retum Receipt tor:Mercharidlse s
insured Mail _ ❑ C O.Dr f t
swk :r 4 rRestrfcted beliveyl'(Frtra Fee), t © Yes !
2t.;"A`r ael�lumber 7012 3050 0001 9399 2489
(iransfer.frnm sernce Labe!);
'PS Form 3811� i=ebru 20 Return Receipt * i io25s5-oz-n+1-1540
AR.,s-.:..:.._. i. .N, i 4„ .F ...4 ._ `i:9 ii '`,� - A..1 l•-,.".-..--V... -.,.. ...... _ _ .,.-_ �... _- ._ . _ i..]..-. ..n , .....

147.
L)N t6 STATES POSTAL SERVICE " ° X µ 'Fifst-Class Mail, A�
`k ti I _ Postage & Fees Paid
usps
Permit No. G10': . f
. !*.!,Sender:: Please -print your name, address and>ziP+4 in thls t ox • !
'NCDEQ r DPI VIS`Ip4MOF�tWATER RESOURCES F Y
i - s'�.�-;yt, } .•' 3 3''~hA 1 !'! V : JT� V �.�t:I U I TQf V �'' .�. #'� � y � � �°dam S _ ` .{r • �f..z�:':
�`` k , ?25=GREEN STREET SUITE 714E t 3 ,
.""s '*� .•° a of �i ry - •
FAYETTENVIi LE, �8301 5095 r F, t 'f '-
-i
�3. 3f1�=�' r Y• 4. < � :}y � T S f fk �'E u�'�a� ,a ry 4
:„r •'� �.� s -� � ci a r f ;r k� ,� �� � �,��^c }' k ` �j /1'.i .�, � y?k t{
Av ��r Sri '�c 1 2a `'r £ "^cr ,y, � 6 £ j'y, � � 3Y�� ' r� it a��• � /y)��"• j '�;y' �� � `rz f_.:

tl v - 1 , '7- 1 k'7 r v T✓ N?l`u/&-,- r L— f/.-:7 _,_7 ,—
Type of Visit: 8-Compliance Inspection Q Operation Review p Structure Evaluation O Technical Assistance
Reason for Visit: outine O Complaint O Follow-up C) Referral O Emergency O Other O Denied Access
Date of Visit: Arrival Time: ) b Departure Time: County: czto— Region:
Farm Name:Owner Email:
Owner Name: y�,zy� U Phone:
Mailing Address:
Physical Address:
Facility Contact: ,�7r"� Title:
Onsite Representative:
Certified Operator:
Back-up Operator:
Location of Farm:
Latitude:
;G Phone:
Integrator:
Certification Number:
C e rtific a ti o n. Nu mbe r:
Longitude:
_
4 _
-Wean to Feeder
FKAM
El
y� 11 - j.. ,^1� ' 3_
-- p . Y'-•`�i41 ON-
a
--m-nami4.t'j"k
■
/ {
Discharges and Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made?
IT -Did the discharge reach waters of the State? (If yes, notify DWR)
c. What is the estimated volume that reached waters of the State (gallons)? _
d. Does the discharge bypass the waste management system? (If yes, notify DWR)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any observable adverse impacts or potential adverse impacts to the waters
of the State other than from a discharge?
❑ Yes ff�No ❑ NA ❑ Nl;
❑ Yes ❑ No
[:]Yes ❑ No
❑ Yes [] No
❑ Yes a No
[-]Yes 0 No
❑NA ❑NE
❑NA ❑NE
❑ NA ❑ NE
❑ NA ❑ NE
❑ NA ❑ NE
Page I of 3 2141201S Continued

FaciliNumber: r IDate of Ins ecdon: G�
Waste Collection & Treatment
A Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
Yes
❑ No
❑ NA
❑ NE
a. If yes, is waste level into the structural freeboard?
❑ Yes
UE[No
❑ NA
❑ NE
Structure 1 Structure 2 Structure 3 Structure 4
Structure 5
Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
® No
❑ NA
❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
❑ Yes
0 No
❑ NA
❑ NE
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 DWR
7. Do any of the structures need maintenance or improvement?
❑ Yes
jo No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
[g 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
�No
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes PTNo ❑ NA ❑ NE
maintenance or improvement?
11. Is there evidence of incorrect land application? if yes, check the appropriate box below. ❑ Yes D No ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s):
13. Soil Type(s): a/1'
14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes Wo ❑ NA ❑ NE
15. Does the receiving crop and/or land application site need improvement? ❑ Yes allo ❑ NA ❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes allo ❑ NA ❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste application equipment?
[—]Yes ® No ❑ NA ❑ NE
❑ Yes � No ❑ NA ❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes 3 No ❑ NA ❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check [:]Yes CEI-No ❑ NA ❑ NE
the appropriate box.
❑ WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements ❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes t3.No
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis 0 Soil Analysis ❑ Waste Transfers
❑ Rainfall ❑Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rainfall Inspections
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes 25 No
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes C!�No
❑ NA D NE
❑ Weather Code
❑ Sludge Survey
❑ NA ❑ NE
❑NA ❑NE
Page 2 of 3 21412015 Continued

Facility Number: IDateof Inspection:
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes 0 No ❑ NA ❑ NE
,.25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes EFNo ❑ NA ❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge? 0-yes [] No ❑ NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes � No ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
❑ Yes
S No
❑ NA
[] NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
® No
❑ NA
❑ NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
[—]Yes
E? No
❑ NA
❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
❑ Yes
0 No
❑ NA
❑ NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
Yes
[]No
❑ NA
❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
No
❑ NA
❑ NE
34. Does the facility require a follow-up visit by the same agency?
[] Yes
No
❑ NA
❑ NE
//iYl t T4
I
��� �CCIl19f�t crlTlt__ �3 s2 t ' a - CZ C-1, C'- C'Y / 5 4; r-d e�
r-7-0
-
r� V
J '✓�q��l �% !'�- rT�'�!� C.7�- f�.fY� j�J�- Ir/i d.! � e; -4. !.�'�/j,• �'l.• LiUV�j R �^�_�s �� ��/ GI ��
T dCrY-�J 725
Reviewer/Inspector Name:
Reviewer/Inspector Signatut
rr � di 4 1 /1, �� —" /rrs�e� irk �U�i r• -�- d l—fY7j� i�c� t6tL•d 4_—rd
Phone:
Date:
21412015
Page 3 of 3

M Division of Water Resources
El Division of Soil and Water Conservation
Other Agency
Facility Number: 820218 Facility Status: Active Permit: AWS820218
Inpsection Type: Compliance Inspection Inactive Or Closed Date:
Reason for Visit: Routine County: Sampson Region:
Date of Visit: 10/20/2016 Entry Time: 10:00 am Exit Time: 10:30 am
Farm Name:
❑
Matt Butler Farm
Owner:
Ryan Matthew Butler
Mailing Address:
102 Coharie Ln
Physical Address:
3590 The Ave
Facility Status:
■
Incident #
Owner Email:
Phone:
Clinton NC 28328
Clinton NC 28328
❑ Denied Access
Fayetteville
910-590-7484
Compliant Not Compliant Integrator:
Location of Farm: Latitude: 35' 02' Longitude: 78' 26' 22"
On the east side of SR 1306 approx..3 miles north of intersection with SR 1318, northeast of Salemburg, NC.
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Other Issues
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Greer Moore Phone
On -site representative Greer Moore Phone
Primary Inspector: Steve Guyton Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
Records reviewed on 11-2-2016
4.Farm reported high freeboard and POA.s were received.
26. No documentation of an actively certified operator in charge.
During the November 2015 inspection this farm was told to designate a OIC by January 301h 2016. At the time of this inspection
no one has been designated as OIC.
Permitte will receive a notice of violation and notice of intent to enforce.
page: 1

Permit: AWS820218 Owner - Facility : Ryan Matthew Butler Facility Number: 820218
Inspection Date: 10/20/16 Inppection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
Swine - Wean to Feeder 5,600 4.500
Total Design Capacity: 5,600
Total SSLW: 168,000
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Lagoon
1
19.00
14.00
Lagoon
2
19.00
14.D0
page: 2

Permit: AWS820218 Owner - Facility : Ryan Matthew Butter Facility Number: 820218
Inspection Date: 10/20/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts
Yes No Na Ne
1. Is any discharge observed from any part of the operation?
[I
❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑0
❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
0 ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
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?
❑
M ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
0 ❑
❑
State other than from a discharge?
Waste Collection, Storage $& Treatment
Yes
No Na Ne
4. Is storage capacity less than adequate?
0
❑ ❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large
❑
0 ❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
❑
❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
❑
M ❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (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
❑
0 ❑
❑
maintenance or improvement?
Waste Application
Yes No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ M ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 3

Permit: AWS820218 Owner - Facility : Ryan Matthew Sutler Facility Dumber: 820218
Inspection Date: 10/20/16 Inssection Type: Compliance Inspection Reason for Visit: Routine
Waste Ap2lication Yes No Na Ne
Crop Type 1 Coastal Bermuda Grass wl
Rye Overseed
Crop Type 2 Com, wheat, Soybeans
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
wagram
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑
0 ❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑
0 ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
0 ❑
❑
determination?
17. Does the facility lack adequate acreage for land application?
❑
❑
❑
18. Is there a lack of properly operating waste application equipment?
❑0
❑
❑
Records and Documents
Yes No No No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
E ❑
❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
E ❑
❑
If yes, check the appropriate box below.
WU P?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑
M ❑
❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
Stocking?
❑
page: 4

Permit: AWS820218 Owner - Facility: Ryan Matthew Butler Facility Number: 820218
Inspection Date: 10/20/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Yes No Na No
Crop yields?
❑
120 Minute inspections?
❑
Monthly and 1" Rainfall Inspections
❑
Sludge Survey
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
❑
❑
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
❑
❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑0
❑
❑
appropriate box(es) below:
Failure to complete annual sludge survey
❑
Failure to develop a POA for sludge levels
❑
Non -compliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
0
❑ ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PEAT) certification?
❑
N ❑
❑
Other Issues
Yes No Na Ne
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
E ❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? if yes,
❑
0 ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
■ ❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
E ❑
❑
CAWMP?
33. Did the RevieweNinspector fail to discuss review/inspection with on -site representative?
❑
E ❑
❑
34. Does the facility require a follow-up visit by same agency?
❑
E ❑
❑
page: 5

NCDENR
North Carolina Department of Environment and Natural
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Butler, Ryan
Matt Butler Farm
1218 Belvoir School Rd
Clinton, NC 28328
Dear Permittee,
Division of Water Quality
Coleen H. Sullins
Director
September 29, 2011
Resources OCT 0 3 2011
Subject: Notice of Violation
Matt Butler Farm
Permit Number AWS820218
Sampson County
DWQ
Dee Freeman
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee $
201 OPR005221
5/14/2010
6/13/2010
180
2009PR005987
6/4/2009
7/4/2009
180
Please include payment for all your current and prior invoices for which the anuual fees are
still due.
Please remit the total sum of the outstanding fees, made payable to the North Carolina
Department of Environment and Natural Resources (NCDENR), in the above amount. Please include
Permit Number on your check and mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone. [phone]
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
-contd-
1636 Mail Service Center, Ralegh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]M8 Customer Service: 1-077-623-6748
Internet www.ncwaterqua[4y.org
An Equal Opportunity 1 Affimk4ve Aclion Employer
NorthCarolina
Naturally

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc. Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS820218)

HCDEH
North Carolina Department of Environment and Natural-Res6u
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Butler, Ryan
Matt Butler Farm
1218 Belvoir School Rd
Clinton, NC 28328
Dear Permittee,
Division of Water Quality �
Coleen H. Sullins a, -
Director J
.tune 28, 2010
c,
Subject: Notice of Violation
Matt Butler Farm
Permit Number AWS820218
Sampson County
Dee Freeman
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee ($}
2009PR005987
I 6/4/2009
7/4/2009
180.00
Please be reminded that the table above covers the period between fears 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the annual
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 Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25.000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit ]Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
1636 Mail Service Center, Raleigh. North Carolina 27699-1636
Location: 2728 Capital Blvd., Raleigh. Nortti Carolina 27604 h�011C
Phore• 919-733-3221 1 FAK 919-71`5-0588'ti Customer Service: 1-877-623.674E i � 01rtf7 Caroi111a
Interne;: ww+n, nwalerquairty.ory 'j�'jLi i4Ln�l��� f��
An Equa! Gpporrurity 1 Affitmavve Action Em, love�I
: �

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
Sincerely, ��Ae
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS820218)

CDE
North Carolina Da-Dartmant of 'Environment and Natural Resources,
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Butler. Rvan
Matt Butler Farm
1218 Belvoir School Rd
Clinton, NC 2S328
Dear Permittee.
Division of Waier Quahy
'oleen H. sulia;is
Director
December 10.2010
RECEIVED
DEC 14 2010
DENR-FAYEfTEVfLLE REGIONAL OFFICE
Subject: Notice of Violation
Matr Butler Farm
Permit Number AVl'S820218
Sampson County
Dee Freemar,
JBCretarti
As of this date, our records indicate that the above -referenced permit issued to vour facility has
overdue fees. It is both a condition of vour permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The followinu invoices are outstandinz:
Invoice Number I
Invoice Date I
Due Date
OutstandinL Fee ($1
2010PR005221 I
5/14/2010
6/13/2010
i
180
Please be reminded that the table above covers onit, the most recent invoice sent to ifou. Please
also include pkwnentc 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 Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand (S25,000) dollars against any "person"
who -%iolates or fails to act in accordance with the terms_ conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirtv (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number- on vour check and
mail this payment to:
Division of Water Quality - Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
Phonc: [phone]
16H w1a ; ":',v c ,enter. r;a'6.n. Nor-M Caraim:-
:or-Bax. 272 r—mi,al Rri=s,ht.PdJrn aroilna Tat.
'-'1 y.?,..-.Z2 LL-st: nT-- -;C 74t
ERic1i,�;Vllir7l.i?:a':�;3iu:l=iitl' OFn
-Contd.-
7� �L11: r-, , •-1
,; •IE�S�L��rF�r�i�
c

If you have any questions concerning, this Notice. please contact J. R. Joshi at (919) 71;-6698 or
at [e-mail].
Sincerel v.
Keith Larick. Supervisor
Animal Feeding Operation Unit
c EavetteviUE1Regional Office. Aquifer Protection Section
APS Central File (Permit No AVfSS20218)

li�TT 13UT'L�TZ �RRI"► r L'�GOa•v A
92-
ove
Z
5•TEVE
TOwL)
QOA
V,4j
✓S
=
S
5
EtE.
ov,w
Al,2
LOW.
P1r•--
Z
98.v1
LA Cr
opi 4E•1
+-
920
5i i
� � •�
Iq
w
i�5
.OZ
I
1
9Bi o
t.
E
El>
i
_6,85
4 .20
d 2- o Z r B --, ,'�•, BA R BE lZ
„ , �. M ___ il.i # ..ice.... fl A'I%�
Su,u91
°
C
E31'n
35
,fir
1=S
/PS
EL ,
Z
,3Z
3
,27
y, 57
5
.;�
o
y, 73
y, yD
9
lz
I I
G
CEV Et
'7 , J Iv

W,4E
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7
Alan W. Klimek, P. E. Director
�.
Division of Water Quality
-C
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 5, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Billy Draughon
3690 The Avenue
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Billy Draughon
Facility No- 82-218
Sampson County
Dear Mr. Draughon:
You are hereby notified that, having been permitted to have a non -discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 2H.0217 Permit.
On February 23, 2004 staff from the Fayetteville Regional Office of the Division of Water=-',':!-
Quality visited your swine farm located in Sampson County. That visit was to locate the farm and
check on the lagoon level- While inspecting the lagoon, the staff noticed wastewater was coming
out of a swine confinement house through openings in the foundation walls_ The wastewater had
moved to the back of the house and then to a low area between two swine confinement houses.
The wastewater was contained in the area between the two confinement houses. Mr. Herring, the
on -site representative, knew about the discharge and was waiting on a repairman to come and fix
the wall. Division of Water Quality staff recommended that Mr- Herring erect a dam to contain
the wastewater and put the wastewater back into the lagoon. Staff returned that afternoon and
found that Mr. Herring had constructed a dam and was actively putting the wastewater into the
lagoon. Staff advised Mr. Herring that any release of waste from the waste treatment system
required notification to the regional office.
The Division of Water Quality requests that the following items be addressed:
l . Anytime wastewater is noticed leaving the waste treatment system, the discharge or release
of waste should be contained and put back into the waste treatment system as quickly as
possible.
7;NEINNAr
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

Mr. Draughon
3-5-04
Page 2
2. Also all farm personnel should be made aware of all emergency procedures and be familiar
with any equipment (pumps, heavy equipment) necessary for the clean up-
3. The Permit requires notification of any release of waste from the waste treatment system to
the appropriate regional office as soon as possible but at no time later than 24 hours upon
first knowledge.
Failure to comply with the above conditions may result in the facility losing its General
Permit and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more-thad-$25,000.00 - per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Mark Brantley, Environmental Specialist, or myself at [phone].
Sincerel
Paul E. Rawls
Regional Water Quality Supervisor
PR/lb
cc: Keith larick - Compliance Group
Greer Moore - Sampson Co. NRCS
Danny Edwards — SWC, FRO
Central Files - Raleigh
N. C. Division of Water Quality 225 Cam Street Fayetteville, North Carolina 28301-5043 [phone] Fax (910) 48"707
w
Customer Service
1-877-623-6748

r
/�o -GC^C --�Y
OMG
ow-UN9®

0 . ..
F wAMi.:had F. Easley, Governor
0 �Q Wtlh= i,. Row Jr., Secretary
NOrh ('ar -I" DgMnment of Envirattntr t and Nattttai Rep>umts
r Alan W Klimek. P. E. DiratLor
Division of Watu Quality
❑ .t Coiern H. Sullins, DepLty Ditocuw
Divitiw of Watt QuaUty
March 5. 2o04
URTIFiED 1MAiL
RETURN_R9!QEJkJ HEOLESTED
Mr. Billy Draughon
3690 The Avenue
Clinton. NC 28328
Subject. NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Billy- Draughon
Facility- No_ 82-218
Sampson County
Dear Mr. Draughon:
You are hereby notified that, having been permitted to have a non-dicharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 214 .0217, you have been found to
be in violation of your 2H.0217 Permit.
On February 23, 2004 staff from the F yerteville Regional Office of the Division of Water
Quality visited your swine farm located in Sampson County. That visit was to locate the farm and
check on the lagoon level. While inspecting the lagoon, the staff noticed wastewarer was coming
out of a swine confinement house through openings in the foundation walls. The wastewater had
moved to the back of the house and then; to a low area between two swine confinement houses_
The wastewater was contained in the area between the two confinement houses. Mr. Herring, the
on -site representative, knew about the discharge and was waiting on a repairman to come and fix
the wall. Division of Water Quality staff recommended that Mr_ Herring erect a dam to contain
the wastewater and put the wastewater back into the lagoon. Staff returned that afternoon and
found that Mr. Herring had constructed a dam and was actively putting the wastewater into the
lagoon. Staff advised Mr. Herring that any release of waste from the vast& treatment system
required notification to the regional otftce.
The Division of Water Quality requests that the following ttents be addressed:
Anytime wastewater is noticed ?caving the waste treatment system, the discharge or release
of waste should be contained and put back into the waste treatment system as quickly as
possible.
Ti. C. Divisiwt os iA'aw Quality 223 GTeen -,trees Fa}aervitk. NIIIT!I Carolina N311 i -5N i i 91 Ul 486• t `4 t Far 1910) 06.0707 C'vrto=r scrvice
:-lt77.623-6"48

Mr. Draughon
3-5-04
Page 2
2. Also all farm personnel should be made aware of ail emergency procedures and be familiar
with any equipment (pumps. heavy equipment) necessary for the clean up.
3. The Permit requires notification of any release of waste from the waste treatment system to
the appropriate regional office as soon as possible but at no tithe later than 24 hours upon
first knowledge.
Failure to comply with the abo---e conditions may result in thG facility losing its General
Permit and being required to obtain are individual non-dls;cl:arge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of riot more than 525,000.00
per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Mark Brantley, Environmental Specialise, or myself at [phone].
Sincerel
Paul E_ Rawh,
Regional Water Quality Supervisor
PR/lb
cc: Keith Larick - Compliance Group
Greer Moore - Sampson Co. NRCS
Danny Edward, -- 5WC, FRO
Central Files - Raleigh
4 fia
YCDEW
Divi Dion of WOW QtWit! :_� CIIt�. Si.et[ Ftsymex-sthe. yur.h Carotin• 2`S?Qt--5047 (71 U),tAb-1=41 Fun (410! 410-J)7b' cubtirver Service
1-971.6234)74d

LAGOON "'A"
Google Farth
.. I . 11
cenler a$ slab edge
400 ft
Rik

Veb Soil Stin,,e
ll� III
Contact Us subscribe ® { Archived Soil Surveys ; Soil Survey Status I Glossary i preferences I Link Logout I Help
Page 1 of
A A'A
Area of Interest (A0I) Sail Map Soil Data Explorer Download Soils Data Shopping Cart (Free)
Printable Version] Add to Shopping Cart
Search
Map Unit Legend
M6-rT avrl.sq,rzr%
Z- D Z I S
Sampson County, North Carolina (NC163)
Sampson County, North Carolina
(NC163)
Map Unit Map Unit Name
Acres Percent of
Symbol
in AQI AOI
Au Autryville loamy
8.1 31.9%
vuT sand, 0 to 6
*18'M77'apercent slopes
BH Bibb and
0.7 2.8%
vur Johnston soils,
011To jzel, frequently
flooded
Ln Lynchburg
0.0 0.0%
wr sandy loam, 0
to Tb talk to 2 percent
slopes
WaB Wagram loamy
16.5 65.3%
Wr sand, 0 to 6
bn" Tv ad percent slopes
Totals for Area of
25.3 100.0%
Interest
Soil Map
I� N a �T J a '�` p Seale (not to scale) v
Warning: Soil Map may not be valid at this scale. J
You have zoomed in beyond the scale at which the soil map for this area is intended to be used. Mapping of soils is
done at a particular scale, The soil surveys that comprise your AOI were mapped at 1.24,000. The design of map units
and the level of detail shown in the resulting soil map are dependent on that map scale.
Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy
of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more
detailed scale.
ttps://websoilsurvey.nres.usda,gov/app/WebSoilSurvey.aspx 8/23/201

Google Earth
LA6001A "A"
it
VO4
177
d 11,
LAGOON 13" _0
. . . . . . .
ray
40
010 ft