820276_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

State of North Carolina
Department of Environment •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary
Kerr T. Stevens, Director NORTH CAROLINA pt�AFZTMz_NT OF
ENVIRONMENT AND N.WURAL RE50URCES
July 14, 1999
CERTIFIED MAIL RECEIVED
RETURN RECEIPT REQUESTED
Hervie S. Honeycutt
1686 Union School Rd FAYMEVILLE
Clinton NC 28328
RSC. OF: -ICE
Subject: Notice of Violation and Revocation for Nonpayment
Honeycutt Farms
Permit Number: AWS820276
Sampson County
Dear Hervie S. Honeycutt:
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 4/21/99.
Your annual permit fee for the period of 4121/99 - 4/20/2000 is S 150.00. Your payment was due 6/4/99. 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
P.O. Box 29535
Raleigh, Notch Carolina 27626-0535
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerel ,
Kerr T. Stevens
cc: Non -Discharge Bran h_Com liance1Enforcement Unit
— — ��ep cRegionalHealth�
Permit File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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May 8, 2003
To Alan W. Klimek, P.E.
In response to the Notice of Violation for inadequate freeboard, I have currently gotten
all my lagoons down to an acceptable level. Following the regulations set forth in my
permit, when my lagoons reached a level above 19",1 contacted your office to report this
violation while at the same time setting up my irrigation system so I could pump as soon
as the rain stopped and the fields allowed the application. I feel I followed the rules and
regulations set upon me as owner of a swine facility. I do not foresee my lagoon levels
rising above the cut off level again, but just in case we do have another heavy rain event,
I intend to keep my lagoons down to a manageable level. Thank you for taking my
statement into consideration.
Sincerel , DENT�
AY 92003
ervie S. Hon ycutt
Facility Numbers: Owner 82-276-'*''��
Lease 82-323

April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Hervie S. Honeycutt
1280 Mosley Avenue
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Honeycutt Farms
#82-276
Sampson County
Dear Sir or Madam:
Michael F. Easley
Govemor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DEt r
_E.
NAY r 9 2003
h'
€ . ; D VV0
On March 18, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on April 21, 1999. In addition to this Notice of Violation (NOV), this non-
compliance is subject to an appropriate enforcement action by DWQ. This action can consist of
one or more of the following: a civil or criminal enforcement action; an injunction; and/or a
requirement to apply for coverage under an individual permit. The action chosen will be based
on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken
to restore the needed freeboard; and the actions being proposed to prevent the problem from
reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service. Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Rateigh, North Carolina 27699-1617 State Courier #52-01-01
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9ERNR
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Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit_ The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
/AlanW. Klimek, P.E.
or
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

WA Michael F. Easley, Governor
William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
Alan W. Klimek, R.E. Director
p Division of water Quality
August 22, 2003
Her -vie S. Honeycutt
1280 Mosley Avenue
Clinton, NC 28328
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Honeycutt Farms
82-276
Sampson County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards. .
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity / Affirmative Action Employer
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Location:
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Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
7Eaul
,
. Rawls
Water Quality Regional Supervisor
cc: FRO File: 82-276
Non -Discharge Compliance and Enforcement Unit
Central Files

August 16, 2005
CERTIFIED MAIL 7001 2510 0003 8088 9381
RETURN RECEIPT REQUESTED
Hervie Honeycutt
Honeycutt Farms
1280 Mosley Ave.
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 21-1.0217
Honeycutt Farms
Facility No. 82-276
Sampson County
Dear Mr, Honeycutt:
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
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H.0217 Permit.
Violation 1: Failure to have a valid certified animal waste management system operator (OIC). (Permit
Number AWG 100000 Condition 111.15.)
Operator Certification Number AW 19078 has been invalid since 11112004.
Corrective Action for Violation 1:
Within 30 days please obtain a certified Operator In Charge (OIC). If you wish to become certified again, you must
meet all applicable certification requirements.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. William Shanahan,
Environmental Specialist, or myself at [phone].
Sincer
Stephe Barnhardt
Regional quifer Protection Supervisor
cc: Keith Larick - Compliance Group
Sampson County NRCS
Trent Allen — SWC, FRO
Central Files - Raleigh
NAhCaroli na
,Nllfllflt��lf
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us i 13 N. Salisbury St. Raleigh, NC 27604 FAX ( 919) 733-2496 1-877-633-6748
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July 22, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Hervie Honeycutt
Honeycutt Farms
1280 Mosley Ave.
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
Honeycutt Farms
Facility No_ 82-276
Sampson County
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
Nonh Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Db.ision of Water Quality
Dear Mr_ Honeycutt:
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H_0217 Permit_
Violation 1: Failure to take weekly freeboard levels. (Permit Number AWG 100400 Condition 111.2a.)
It was noted during a routine compliance inspection performed on 7-13-05 that weekly freeboard levels were not
being kept.
Corrective Action for Violation 1:
Please record weekly lagoon levels on forms supplied by or approved by the Division of Water Quality_
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation_ Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark Brantley,
Environmental Specialist, or myself at [phone]-
Sincerely,
86-1541_
Sincerely,
Stephe A. Barnhardt
Regional quifer Protection Supervisor
cc: Keith Larick - Compliance Group
Sampson County NRCS
Trent Allen — SWC, FRO
Central Files - Raleigh
o
g'
NCarolina
✓Yll�lll'll��lf
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1 6 1 7 Phone (9l9} 733-7415 Customer 5errice
Intemet: h2o.ertr.statem.us 512N SalisburySt. Raleigh, NC 27604 FAX [phone]
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w
��F,Wa�F9p Michael F. Easley, Governor
�0 s!i William G. Ross Jr., Secretary
co r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 11. 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Hervie Honeycutt
1280 Mosley Ave.
Clinton, NC 28328
Re: Notice of Deficiency
High Freeboard
Honeycutt Farms
AWS820276
Sampson County
Dear Mr. Honeycutt:
On 11/22/2006, you or an employee of your farm notified the Fayetteville Regional
Office Division of Water Quality, as required by the Swine Waste Management General Permit
AWG200000 Section I11 13(c), that the freeboard level of the lagoon was 17.0 inches, which is
less than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. 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."
We appreciate your cooperation in self -reporting high freeboards and providing records.
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
Aquifer Protection Section 1636 Mail Service Center
Internet: www.nncwatergualitv.org Location: 2728 Capital Boulevard
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No �` tCarolina
Naturally
Raleigh, NC 27699-1636 Telcphone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

July 11, 2007
Page 2 "
Honevcutt
If you are not aware, you now may pump up to eight (8) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359 are met.
The Division of Water Quality has the authority to levy a civil penalty 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 call .loan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. PDAs can be found under "Reporting Forms" on the left
side of the page, at our website htip://h2o.enr.state.nc.uslaps/afou/afou—home.htm
Sincerely,
Art Barnhardt
Regional Supervisor
cc: Facility File — 82-276
APS Central Files
Murphy -Brown, LLC
1

V
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOV-2010-PC-1172
Mr. Hervie Honeycutt
1280 Moseley Ave.
Clinton, North Carolina 28328
Subject:
November 24, 2010
NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T.1304
Honeycutt Farms, Facility No. 82-276, Permit No. AWS820276
Sampson County / Bims No. 201002834
Dear Mr. Honeycutt:
On November 9, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), inspected the Honeycutt Farms and the permitted waste disposal system. We wish to thank Mr.
Hervie Honeycutt and Mrs. Greer Moore who were 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 Certified Animal Waste Management. Plan (CAWMP) and the Swine
Waste System General Permit No. AWG I 00000 as follows:
Violation I:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP
in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000.
On October 1, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS)
were notified by Mr. Hervie Honeycutt of a high freeboard levels in the two lagoon structures at this
facility. We wish to thank Mr. Honeycutt for notifying DWQ of this incident. The lagoon levels were
documented at 14.0 inches in both the upper lagoon and lower lagoon. A level of 19 inches is the
maximum level allowed by your permit and Certified Animal Waste Management Plan.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX: [phone] Customer Servioe: 1-877-823-6748
Internet: vwvw.h20.enr.state.nc.us
An Equal Opp*rtunily 1 affirmative Adion Enpioyet
Not thCarolina
NatUAMAY

Mr. Honeycutt
November 24, 2010
Page 2
On November 9, 2010 D W Q staff reviewed your waste application records during a routine inspection to
determine if vour animal waste had been managed according to you CAWMP. Your IIR 2 forms
documented that you did not apply any waste on your Bermuda from 3-1-2010 to 6-1-2010. Less than
half of your pan was applied during the Bermuda window.
Required Corrective :fiction for Violation 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated October 4, 2010 and
received in the Fayetteville Regional Office on October 4, 2010. Take all necessary additional steps to
insure lagoon levels remain in compliance with Section (V. 2.) of your permit.
In the future utilize your pan allowed for each crop during the crop window. It is recommended that all
lagoons should be at stop pump by late summer or early fall to prepare for storms.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before December 30, 2010:
1. Gln explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will be taken to prevent this violation from
occurring in the future.
3. Documentation of when your lagoons were hack in compliance.
You are required to take any necessary action to correct the above violations on or before
December 30, 2010 and to provide a written response to this Notice by December 30, 2010. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
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.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Stephe Barnhardt
Enviro ental Program Supervisor
cc: Keith Larick CAFO Unit
Kraig Westerbeek, Murphy Brown
Danny Edwards FRO S& WC
;� FRO AP files

December 23, 2010 RECEIVED
DEC 3 0 2010
Subject: Notice of Violation Response for 82-276
DENR-EAYETEV�LLE REGIONAL OFFlCE
(Honeycutt Farms)
Dear Mr. Barnhardt,
The high freeboard levels I reported to your office on October 1 ", 2010 were a result of
excessive rainfall amounts my farm received September 28h, 29`h, and 30''. I have
recently purchased a separate pump for my finishing operation so that I will no longer
have to transport an irrigation pump between my finishing and nursery farms_ I now have
the capability to irrigate more often at my finishing barns. I will start irrigating much
more starting March I ", and through the bermuda crop season to better prepare for
hurricane season and such instances as this. My lagoons were back in compliance by
October 15d,2010. I have attached a copy of my 2010 lagoon levels for your review.
you,
Hervie Hone cutt

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FORf4f FROir,
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Waste Structure Freeboard and Daily Precipitation Record
Lagoon freeboard Is the dMerence between the lowest point of a lagoon embankment and the level of Wd.
For lagoons with spOlways. the difference between the level of fWld and the bottom of the spillway shoLdd be recorded.
2. Freeboard plus ava4able storage capacity must be recorded at least weekly.
3. Rainfall must be recorded for every rain event. MOW
MiZWMAM
Lagoon freeboard Is the dMerence between the lowest point of a lagoon embankment and the level of Wd.
For lagoons with spOlways. the difference between the level of fWld and the bottom of the spillway shoLdd be recorded.
2. Freeboard plus ava4able storage capacity must be recorded at least weekly.
3. Rainfall must be recorded for every rain event. MOW

F oRm FRBD-1
Farm Owner
Operator
Waste Structure Freeboard and Daily Precipitation Record
Facility Dumber -� _ %
Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid.
- - For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded.
2_ Freeboard plus available storage capacity must be recorded -at least weekly.
3. Rainfall must be recorded for every rain event.
3/14/03
MI
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Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid.
- - For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded.
2_ Freeboard plus available storage capacity must be recorded -at least weekly.
3. Rainfall must be recorded for every rain event.
3/14/03