820286_ENFORCEMENT_20171231

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Comments

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MR JOHN MELVIN
JOHN MELVIN FARMS
PO BOX 221
HARRELLS NC 28444
Dear Mr. Melvin:
AIlk? X.;
"T
4
D E N R
December 20, 2000 AN it r 4 j
SUBJECT
Acknowledgment Receipt Letter
Farm #82-286
Case No. PC 00-076
Sampson County
This letter is to acknowledge receipt of your check No. 1811 in the amount of
S638.28 received from the John Melvin Farms on December 20, 2000.
This payment satisfies in full the civil assessment in the amount of $638.28
including 5138.28 in investigative costs. levied against the John Melvin Farms and this
enforcement case has been closed. Payment of these penalties in no way precludes
further action by this Division for future violations.
cc:
If you have any questions please call Joe Albiston at [phone] ext. 581.
Sincerely,
eff Poupart, Supervisor
Non -Discharge Compliance & Enforcement
Fayetteville Regional Office
Enforcement/Compliance Files # PC 00-076
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5000 recycled/ 1000 post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. John Melvin
P. O. Box 221
Harrells, NC 28444
Dear Mr. Melvin:
RECEIVED
MW 272000�',
FAYETTEVILLE
REG. OFFICE NCDENR
NoFrr CARquNA DEFIARTMexr of
ENv1RPNMENT ANp NIWURAL RESOURCES
November 22, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Violation of G.S. 143-215.1 and
I5A NCAC 21-1.0217
Farm #82-286
Sampson County
File No. PC 00-076
This letter transmits notice of a civil penalty assessed against the John Melvin Farm in the
amount of 5638.28 which includes S 138.28 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural -Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Alailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh; North Carolina 27699-1617 State Courier #52-01-01
An Equal Opporttsnir}. /Affirnuuive Action EmploYer
50% recycled / 10% post -consumer paper
htrp://h2o.enr state.nc_us
Location:
512 N. Salisbury St.
Raleigh. NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2_ Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is Iimited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation; M .
(c) the violation was inadvertent or a result of an accident.-
(d)
ccident:(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
14 -1 �"a.l ��:
Kerr T. Stevens
ATTACHIMENTS
cc: Paul R wa ls'�FayetteviIle Regional Supervisor w/ attachments
Bob Heath, FRO w/ attachments
File # PC 00-076 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. } STIPULATION OF FACTS
FILE NO. PC 00-076
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. PC 00-076
IN THE MATTER OF
}
JOHN MELVIN
)
}
FINDINGS AND DECISION
FOR VIOLATION OF
) AND ASSESSMENT OF
G.S. 143-215.1 AND
) CIVIL PENALTIES
15A NCAC 2H.0217
}
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. John Melvin owns and operates the John Melvin Farm, a swine operation in
Sampson County.
B. The John Melvin Farm was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H.0217.
C. Deemed permitted facilities are required to have a Certified Animal Waste
Management Plan (CAWMP) under 15A NCAC 2H.0217. The CAWMP for the
John Melvin Farm states that in no instance should the volume of the waste stored
in the lagoon be within the 25 -year, 24-hour storm storage plus one foot of
freeboard except in the event of the 25 -year, 24-hour storm.
D. The 25 -year, 24-hour storm event for the facility's location is between seven (7)
and eight (8) inches according National Weather Service, Technical Paper 40,
Rainfall Frequency Atlas of the United States, 1961.
E. Based on the 25 -year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level in the lagoon for the John Melvin
Farm shall not exceed nineteen (19) inches.
F. DWQ staff from the Fayetteville Regional Office inspected the John Melvin Farm
on February 2, 2000 and observed that the waste level of the lagoon was fifteen
(15) inches which exceeded the Ievel specified in the CAWMP.

Q
G. The costs to the State of the enforcement procedures in this matter totaled
S138.28.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A_ John Melvin is a "person" within the meaning of G -S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H.0217 and G.S. 143--215.1.
C. The above-cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP is a violation of the 15A NCAC 2H.0217 nondischarge
deemed permit and G.S. 143-215.1.
D. John Melvin may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than ten thousand dollars
(S10,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against John Melvin
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8) -
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
John Melvin is hereby assessed a civil penalty of:
S_ Soo . iter_ for failing to maintain the liquid level in the lagoon at the
level specified in the CAWMP as required by I5A NCAC 2H
.0217
S Stko . m d TOTAL CIVIL PENALTY, which is 5_ percent of the
maximum penalty authorized by G.S_ 143-215.6A.
S 138.28 Enforcement costs
S TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c,), in determining the amount of the penalty I considered
the factors listed in G -S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governa E C E i VLIE,D
Bill Holman, Secretary
Kerr T. Stevens, Director NOV 2 7 2000
FAY ETTEVILLE
REG. OFFICE
Mr. John Melvin
P. O. Box 221
Harrells, NC 28444
SUBJECT:
Dear Mr. Melvin:
IWAL
1 • •
NCDENR
NORTH cARCKJ A DEPARTMENT OF
ENv1RONMENT AND NATURAL RESOURCES
November 22, 2000
CERTIFIED MAIL
RETURN RECEIPT_ REQUESTED
Assessment of Civil Penalties for
Violation of G.S. 143-215.1 and
15A NCAC 211.0217
Farm #82-286
Sampson County
File No. PC 00-076
This letter transmits notice of a civil penalty assessed against the John Melvin Farm in the
amount of S63828 which includes S138.28 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural -Resources (do not include waiti•er form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleieh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opporrunitr• l Afrrmative Action Employer
50% recycled l 10% post -consumer paper
hrrp:1270o. en r.state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 14313-282.I(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation; y
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr_ Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thi days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments
Ek*-Heath,,FRO w/ attachments
Vile WPC 00-076 w/ attachments -
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL. PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO_ ) STIPULATION OF FACTS
FILE NO. PC 00-075
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. PC 00-076
IN THE MATTER OF
}
JOHN MELVIN
)
}
FINDINGS AND DECISION
FOR VIOLATION OF
) AND ASSESSMENT OF
G.S. 143-215.1 AND
) CIVIL PENALTIES
15A NCAC 2H .0217
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. John Melvin owns and operates the John Melvin Farre, a swine operation in
Sampson County.
B. The John Melvin Farm was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 21-1.0217.
C. Deemed permitted facilities are required to have a Certified Animal Waste
Management Plan (CAWMP) under 15A NCAC 2H.0217. The CAWMP for the
John Melvin Farm states that in no instance should the volume of the waste stored
in the lagoon be within the 25 -year, 24-hour storm storage plus one foot of
freeboard except in the event of the 25 -year, 24-hour storm.
D. The 25 -year, 24-hour storm event for the facility's Iocation is between seven (7)
and eight (8) inches according National Weather Service, Technical Paper 40,
Rainfall Frequency Atlas of the United States, 1961.
E. Based on the 25 -year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level in the lagoon for the John Melvin
Farm shall not exceed nineteen (19) inches.
F. DWQ staff from the Fayetteville Regional Office inspected the John Melvin Farm
on February 2. 2000 and observed that the waste level of the lagoon was fifteen
(1 5) inches which exceeded the level specified in the CAWMP.

G. The costs to the State of the enforcement procedures in this matter totaled
$138.28.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. John Melvin is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B_ A permit for this animal waste management system is required in accordance with
15A NCAC 2H.0217 and G.S. 143-215.1.
C_ The above-cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP is a violation of the 15A NCAC 2H _02I7 nondischarge
deemed permit and G -S. 143-215.1 _
D. John Melvin may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than ten thousand dollars
(S 10,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against John Melvin
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
John Melvin is hereby assessed a civil penalty of:
S for failing to maintain the liquid level in the lagoon at the
level specified in the CAWMP as required by 15A NCAC 2H
.0217
gel . e e� TOTAL CIVIL PENALTY, which is 5 percent of the
maximum penalty authorized by G.S. 143-215.6A.
S J38.28 Enforcement costs
X36. -4T TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(6), in determining the amount of the penalty I considered
the factors listed in G -S_ 143B -282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures-
- 2---L— Oo
rocedures_-2'Z—Oo ) �S:! ,
(Date) Kerr T_ Stevens, Director
Division of Water Quality

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 16, 2000
-C-ERTIFIED MAIL
RETURN RECEIPT REQUESIED
Mr. John Melvin
P.O. Box 221
Harrells, NC 28444
Subject-. Notice f ViltlationlNotice of l
John Melvin Farin
Facility No. 82 - 286
Permit No. AWS 820286
Sampson County
Dear Mr. Melvin:
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 211 .0217,
you have been found to be in violation of your 2H .0217 Permit.
On February 2, 2000, stats' from the Fayettevil le Regional Office of the
Division of Water Quality performed an inspection of the lagoon level at the John
Melvin Farm located in Sampson County. The inspection revealed that the freeboard
level of the lagoon was less than the minimum required in the General Permit for this
facility. The General Permit condition III -6.e_ states: " The Permittee shall report by
telephone to the appropriate Regional Office as soon as possible, but in no case more
than 24 hours following first knowledge of the occurrence of any of the following
events: e. Failure to maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition V(3) of this General Permit."
The Division of Water Quality requests that the following item(s) be addressed:
Lower the lagoon level to the required freeboard on a suitable waste application
field as soon as weather permits in accordance -with your CAWMP-
2. Report the freeboard level to the Fayetteville Regional Office in accordance
with your General Permit within the required time frame.
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 for any past or fature
violations.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Mr. John Melvin
March 16, 2000
You are hereby notified that based on the above information the Division of Water Quality is
considering forwarding a recommendation to the Director for consideration of enforcement for this
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 an explanation for these violations that you wish to present to this office, please forward a
detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendations for enforcement. This response should be received by this office on or before Mgrch
6z 2(IOQ. A copy of this rsponse will also need to be submitted to the DWQ Central Office at the
following address:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is
stili deemed appropriate, your explanation will be forwarded to the Director with the enforcement package
for his consideration_
If you have any questions concerning this matter, please do not hesitate to contact either myself or
Mr. Robert Heath, Environmental Specialist at [phone].
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Jimmy Vinson -Brown's of Carolina
Central Files -Raleigh
1 ,FW

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