HomeMy WebLinkAbout820303_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental 4ual
LYNLnm-RgVAmM pipwa i CU u u kuj W-17i U-U-Lq*U LLO! jCULM L14 LE
n r
Vlolalor—
Case Numbo: Y,
M
Permit 4
_ddress Count
CentralOfficeContact Mjmm�7_ jllc, �.f_o
off- a,;E L
LL '10 en, LekL �,a fl� L C( ntacl
Request
i: —ft tA_t
Tot,jl Case Pelloltv
�Iz: -Vznt JiLafl�e
�q
FaMM
Comments
State of North Carolina
Department of Environmen& 6 EC E I ,V .iw
and Natural Resources
Division of Water Quality FEB 2 2001
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Travis Register
P. O. Box 244
Turkey, NC 28393
Dear Mr. Register:
F'AYETfEv.,,_ :
1 • •
NCDENR
NcRTH CAROLINA 00-ARTMENT Of
ENVIROt4MENT ANb NAruRAL RESOURCES
January 29, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Malting an Outlet to Waters of the
State without a Permit
Farm # 82-303
Sampson County
File No. DV 00-034
This letter transmits notice of a civil penalty assessed against the Travis Register Farm in
the amount of $4,452.31 which includes $452.31 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).
_Mailing Address: Telephone (919) 733-5083
1617 Mail Service Center Fax (919) 733-0059
Raleigh. North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportuniny /Affrrmarive Action Employer
509c recycled / 10% post -consumer paper
hrrp://h2o.enr.state. nc. us
Location:
512 N. Salisbury St.
Ralei.-h. NC 27699-1617
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
I617 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. 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:
(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-I617
K'
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
A-D
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhom
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 (919) 733-5083. ext. 539 or
Mr. Jeff Poupart at (919) 733-5083, ext_ 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: 4Pau1-�Ra 1's, FRO Regional Supervisor w/ attachments
Bob Heath, FRO w/ attachments
File # DV 00-034 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. DV 00-034
Having been assessed civil penalties totaling $4,452.31 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, _ January 29, 2001 _ , 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 , 2001.
SIGNATURE
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. DV 00-034
IN THE MATTER OF )
TRAVIS REGISTER )
} FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF
WATERS OF THE STATE OF ) CIVIL PENALTIES
NORTH CAROLINA )
WITHOUT A PERM' )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FIN -DINGS OF FACT:
A. Travis Register owns and operates the Travis Register Farm, a swine operation
located along SR 1911 in Sampson County.
B. Travis Register was issued Certificate of Coverage AWS820303 under General
Permit AWG100000 for the Travis Register Farm on August 18, 1998, effective
August 18, 1998, with an expiration date of April 30,2003. This permit does not
allow the discharge of waste to waters of the State.
C. On February 29, 2000, DWQ staff observed a discharge of wastewater by the
Travis Register Farm from a canal ditch adjacent to a sprayfield. The canal ditch
is an unnamed tributary to Mill Run, which are Class C Sw waters of the State
within the Cape Fear River Basin.
D. Travis Resister had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled S452.3I.
Based upon the above Findings of Fact. I make the following:
Il. CONCLUSIONS OF LAW:
A. Travis Register is a "person" within the meaning of G.S. 1-13-215.6A pursuant to
G.S. 143-212(4).
B. The canal ditch that is an unnamed tributary to Mill Run constitutes waters of the
State within the meaning of G.S. 143-215.1 pursuant to G.S. I43-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Travis Register may be assessed civil penalties in this matter pursuant to G.S.
143-2I5.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1.
E. The State's enforcement costs in this matter may be assessed against Travis
Register 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:
in. DECISION:
Accordingly, Travis Register is hereby assessed a civil penalty of:
S "t }Do o for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
S � o a o TOTAL CIVIL PENALTY, which is 1-* o percent of
the maximum penalty authorized by G.S. 143-215.6A.
S 452.31 Enforcement costs
S. AL_ 4 S Z . 31 TOTAL AMOUNTDLE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.I(b), which are:
(1) The decree 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;
(b) 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;
(8) The cost to the State of the enforcement procedures.
N az I
(Date) Kerr T. Stevens, Director
Division of Water Quality
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor FEB
William G. Ross Jr., Secretary
Kerr T. Stevens, Director F
Mr. Travis Register
P. O. Box 244
Turkey, NC 28393
SUBJECT:
Dear Mr. Register:
NCDENR
NORTH G,Rouw+ DEPARTmEw OF
EwoROMMENT AND NATURAL RE -SOURCES
January 29, 2001
CERTIFIED MAIL
RETURN_ RECEIPT REQUESTED
Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm # 82-303
Sampson County
File No. DV 00-034
This letter transmits notice of a civil penalty assessed against the Travis Register Farm in
the amount of $4.452.31 which includes S452.31 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 thirtv 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 it•aiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone (919) 733-5083 Location:
1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St_
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh. NC 27699-1617
An Equal Opporrunin• /Affrrrnative Action Employer
30% recycled / 10% post -consumer paper
http: //h2o. enr stare. nc. us
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. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation:
(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
NCDEN R
DWQ
1617 Mail Service Center
Raleigh_ North Carolina 27699-1617
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 th_ M 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 (919) 733-5083, ext. 539 or
Mr. Jeff Poupart at (919) 733-5083. ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Paul Rawls. FRO Regional Supervisor w/ attachments
ob_Heath� FRO w/ attachments
File ## DV 00-034 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 A_NL
OF CIVIL PENALTIES AGAINST ) ADMLNISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. DV 00-034
Having been assessed civil penalties totaling S4,452.31 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, January 29, 2001 , 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 , 2001.
SIGNATURE
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. DV 00-034
IN THE MATTER OF )
TRAVIS REGISTER )
} FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE } AND ASSESSMENT OF
WATERS OF THE STATE OF ) CIVIL PENALTIES
NORTH CAROLINA )
WITHOUT A PERMIT )
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. Travis Register owns and operates the Travis Register Farm, a swine operation
located along SR 1911 in Sampson County.
B. Travis Register was issued Certificate of Coverage AWS820303 under General
Permit AWG100000 for the Travis Register Farah on August 18, 1998, effective
August 18, 1998, with an expiration date of April 30,2003. This permit does not
allow the discharge of waste to waters of the State.
C. On February 29, 2000, DWQ staff observed a discharge of wastewater by the
Travis Register Farm from a canal ditch adjacent to a sprayfield. The canal ditch
is an unnamed tributary to Mill Run, which are Class C Sw waters of the State
within the Cape Fear River Basin.
D. Travis Register had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled S452.31.
Based upon the above Findings of Fact, I make the following:
Ii. CONCLUSIONS OF LAW:
A. Travis Register is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The canal ditch that is an unnamed tributary to Mill Run constitutes waters of the
State within the meaning of G.S. 143-2I5.1 pursuant to G_S_ 143-212(6)_
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S_ 143-
215.1.
D. Travis Register may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars (S25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G_S. 143-
215.1.
E. The State's enforcement costs in this matter may be assessed against Travis
Register 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:
Acc��o``rdingly, Travis Resister is hereby assessed a civil penalty of:
S "t tioa a for making an outlet to the waters of the State without a
perrmt as required by G.S. 143-215.1.
Sn a o TOTAL CIVIL PENALTY, which is 1-t o percent of
the maximum penalty authorized by G.S. 143-215.6A.
S 452.31 Enforcement costs
S_ I ` � `1-1_. z�. 3I TOTAL A-MOLTN T DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
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;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality
rj
`EC LVED
STATE OF NORTH CAROLINAFOR2 2001 IN THE OFFICE OF
COUNTY OF SAMPSON F.Yc-TTEit LE ADMINISTRATIVE HEARINGS
REG. aFF'V 01 EHR 0319
TRAVIS REGISTER,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent.
RESPONDENT'S PREHEARING
STATEMENT
NOW COMES the Respondent in this contested case, and enters the following
PREHEARING statement.
1. Issues, statutes, rules, legal precedents:
A. Issue: Whether the Department of Environment and Natural Resources (DENR)
through its Division of Water Quality (DWQ) [hereinafter, Respondent] exceeded its authority or
jurisdiction, acted erroneously, acted arbitrarily and capriciously, or failed to act as required by
law or rule in assessing a civil penalty in the amount of $4,000.00 plus $452.31 in investigative
cosis, against Travis Register [hereinafter, Petitioner].
B. Statutes, Rules, Legal Precedents: This contested case involves violations of N. C.
Gen. Stat. § 143-215.1 with a penalty assessment based on the requirements of N.C. Gen. Stat. §
143-215.6A, and the factors set forth in N.C. Gen. Stat. § 143B-282. I (b).
2. Statement of facts and reasons supporting Respondent's position:
The facts and reasons supporting Respondent's position are those set forth in the civil
penalty assessment document. A copy of the "Findings and Decision and Assessment of Civil
Penalties" (Attachment A) is attached hereto, incorporated herein, and submitted herewith as the
document constituting the agency action which prompted the contested case petition filing.
3. The following is a list of the Respondent's proposed witnesses:
1. Kerr T. Stevens, Director, Division of Water Quality
2. Paul Rawls, Fayetteville Regional Office Supervisor
3. Bob Heath, Fayetteville Regional Office Environmental Specialist
4.Other DWQ employees related to this case.
5. All of Petitioner's witnesses.
Respondent reserves the right to modify this witness list.
4. Respondent wishes to pursue discovery in accordance with the schedule established by
the Scheduling Order.
5. Location of hearing: Respondent does not object to the hearing location of
Fayetteville, North Carolina as set forth in the Scheduling Order.
5_ The length of this hearing is expected to be one day.
7. All motions, pleadings and orders should be served on Respondent by mail or delivery
to the undersigned counsel.
2
S. Respondent will not be ready for hearing in this case by July 9, 2001 as Counsel for
Respondent has a prior obligation and will not be available on said date.
This the c� 04/1 day of March, 2001.
ROY COOPER
Attorney General
L-U
By: Mary Dee areaway
Assistant Attorney General
State Bar No. 19864
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
(919)716-6600
3
CERTIFICATION OF SERVICE
The undersigned Assistant Attorney General certifies that she has this day served a copy
of the foregoing Respondent's Prehearing Statement on the Attorney for the Petitioner by
depositing a copy in the United Sates Mail, first class postage prepaid, addressed as follows:
Richard L. Burrows
BURROWS & HALL
P. O. Box 816
Wallace, NC 28466 w.
This the c / ay of March, 2001
ROY COOPER
Attorney General
9-�Jmy I NJ ON " -1,
Mary D. Carraway D
Assistant Attorney General
State - Bar No. 19864
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
(919) 716-6600
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F- Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Travis Register
P. O- Box 244
Turkey; NC 28393
Dear fir. Register:
NCDENR
NGRTM CAPC jP" D D-Amrm M CF
Em%nFtoNmEHT,"0 tJAO73RJd. Fir-scKmcim
January 29, 200I
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm T 82-303
Sampson County
File No. DV 00-034
This letter transmits notice of a civil penalty assessed against the Travis Register Farm in
the amount of S=,452-3I which includes S452.31 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_ Anv 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 foIlowing-
I . Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Nantral Resources (do nor include i aiverform).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new v-iolation(s).
Mailing Address: Telephone (919) 733-5083
16I7 iMail Ser%ice Center Fa« (919) 7= 3-005 9
Ralei-h, North Carolina 27699-1617 State Courier-52-01-01
An Equal Oppor:uniny I.-tfrrmarive Acsion Emplo}•er
50`.'c recn-cled / 10``c post -consumer paper
hnN:.%3r?o. err. s:nre. rrc. its
Location:
12 N. Salisbury St.
Raleigh. INC 27699-1617
Please submit payment to the attention of:
Mr_ Steve Lewis
NCDEN R
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-16I7
••
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitic ation 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 le -al 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 w-rongfuIly applied to the detriment of the petitioner,
(b) the Violator promptly abated continuing environmental damage resulting
from the violation-
(c) the violation was inadvertent or a result of an accident-
(d) the violator had been assessed civil penalties for any previous Violations;
(e) paym-Int of the civil penalty will prevent payment for the remairin¢
necessary remedial actions.
Please submit this information to the attention of:
Nlr_ Steve Lewis
CDE�-R
DWQ
16I7 _L1aiI Service Center
Raleigh. North Carolina 27699-16I7
M
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
AIND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDEYR
Office of General Counsel
1601 Mail Service Centcr --
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 (919) 733-5083, ext. 539 or
ivlr. Jeff Poupart at (919) 733-5083. ext. 527.
Sincerely,
Kerr T. Stevens
ATT ACILA, E\TTS
cc: Paul Rawls. FRO Regional Supervisor w/ attachments
Bob Heath. FRO w/ attachments
FEU X bV0 -6�4 %,.•/ attachments
Central Files rv/ attachments
Public information Officer Nv/ attachments
STATE OF NORTH CAROLr4A ENVIRONM ENI TAL MANAGEMENT
C01�LVIIS SION
COU-N-TY OF SANTSON
N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL. PENALTIES AGANST ) ADNM41STRATIVE HEARLNG A.NND
PMvIlT NO. ) STIPULATION OF FACTS
FILE NO. DV 00-034
Having been assessed civil penalties totaling 54.452.31 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, January 29. 2001 , 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 , 2001.
SIGNATURE
ADDRESS
TELEPHOE
STATE OF NORTH CAROLL TA
COUNUY OF SA_v1PSON
IN THE MATTER OF
TRAVIS REGISTER
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROL24A
WITHOUT A PER_v aT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL. RESOURCES
File No. DV 00-034
)
FINDINGS AND DECISION
} AND ASSESSMENT OF
C-11-1IL. PENALTIES
Axons 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 (DW Q), make the following:
I. FTN-DD, GS OF FACT:
A. Travis Register owns .arid operates the Travis Register Farah. a swine operation
located alontr SR 1911 Ln Sampson County.
B. Travis Register was issued Certificate of Coverage AWS820303 under -General
Permit AWG100000 for the Travis Register Farts on August 18, 1998, effective
August 18, 1998, with an expiration date of April 30.2003. This permit does not
alloy;• the discharge of waste to waters of the State.
C. On February 29, 2000, DWQ staff observed a discharge of wastewater by the
Travis Register Farm from a canal ditch adjacent to a spra,.7teld_ The canal ditch
is an unnamed tributary- to Nlill Run__ which are Class C Sw waters of the State
within the Cape Fear River Basin.
D. Travis Register had no valid permit for the above -described activity.
E. The cost to the State of the enforcement procedures in this matter totaled S452.31.
Based upon the above Findings of Fact. I make the following:
II. CONCLUSIONS OF LAW:
A. Travis Register is a "person" within the meaning of G.S. 14 -21S.6a pursuant to
G.S. 14 3-? 12(4).
B. The canal ditch that is an unnamed tributary to Mill Run constitutes waters of the
State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G_S. I43-215.I(a)(1), for which a permit is required by G_S. 143-
215.1.
D. Travis Register may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars (S25,000.00) per violation may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1.
E_ The State's enforcement costs in this matter may be assessed against Travis
Register 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:
Accordingly. Travis Resister is hereby assessed a civil penalty of-
S. �`'� 'COO for making an outlet to the waters of the State without a
permit as required by G_S. 143-215.1.
S o o a TOTAL CINZL PENALTY, which is '4 o percent of
the maximum penalty authorized by G.S. 143-215.6A.
S 4523I Enforcement costs
S r S Z. 3 l _ TOTAL AMOUNT DUE
As required by G.S. 143 215.6A(c). in determining the amount of the penalty I have
considered the factors Iisted in G.S.143B-M.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;
(8) The cost to the State of the enforcement procedures_
(Date) Kerr T. Stevens, Director
Division of Water Quality
Travis Register
PO Box 244
311 Wilmington Rd
Turkey, NC 28393
Horne Phone 910-533-2107
May 03, 2003
Division Of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
`. EMAY5 2Q0�
Dear DWQ,
This Letter is in response to the NOV I received Dated April 16, 2003 Regarding the inadequate
freeboad level reported on March 21, 2003. Enclosed please find the documentation requested for your review.
Answers to the questions in the NOV letter are listed below.
L Summary of actions taken to restore needed freeboard.
Pump the lagoons to maintain freeboard as weather permitted in the window allotted from DWQ for lagoons
between 12 and 19 inches. The lagoons never were above 18 inches ACTUALLY measured in the lagoon.
2 Description of water conservation measures in use at the facility. No conservation devices were installed.
We use recycle water to wash down between groups to minimize the amount of fresh water added to the lagoon.
We also stop washdown of aisles if the freeboard is less than 24 inches.
3.1-agoon levels are no longer in violation ( see attached freeboard log)
4. Actions taken or proposed to prevent future violations
This farm is situated on wet type soils_ It is against regulations to pump on wet soils even if there is on danger of
runoff as is the case on many of my fields. 1 felt it was better for the environment and myself to hold off on
pumping until the soils were at lease minimally adequate to accept the waste applied. These inadequate freeboard
levels were due in part to the excessive rainfall over the past few months and due to inadequate communications
from the state agencies to myself as an operator in charge.
I cite the following example.
On November 15th of 2002 I received an operation review from Martin Mclawhom from soil and water
conservation. My lagoon levels were at the minimum or stop pumping mark Until the fall rains started late
October _ I was informed by soil and water at this review that you could pump 5 inches below the stop pumping
mark in order to establish small grain. For my facility this was too late. 1 try to take advantage of any opportunity
to pump when the soil is ready and crops are growing to maintain as much freeboard as possible and would have
used this opportunity had I known about it, especially due to the heavier soils that 1 have. I stopped pumping at the
stop mark because I was told to stop there or I could be fined by DWQ> It would appear that something could be
done to get this information to those of us who are operating these systems in a timely manner to allow us to utilize
these opportunities when available. Unfortunately, the winter has been wet and there have been no opportunities
for pumping until recently.
Other suggestions are welcome, but I don't know how to stop the rainfall from coming other than to work within
the confines of DWQ regulations as the are currently constructed.
LAGOON FREEBOARD AND AVAILABLE STORAGE CAPACITY LOG
Permit number S 2 —6 30 -3
Owner 1 "Udi5 /LE &3S T-q L—
Operator in Responsible Charge
Farm Name
Number of Lagoons at Facility
Certificate Number
Date - Lagoon # 1 - Lagoon # 2 - Date - Lagoon # 1 - Lagoon #2
35 _ 3 7 _�1'I 2 3 z Z_ _
�- - - Z y Z :2!? - - Z-
�r=u ti
_ - 3 -z.
14 z Z
2- o Lrt7
1_z 1� _ _ 3 ,1 - 37 _ —
1 - Z3 1 3
33 3-3
v 'L
z-`t - — - -
2
Zook
z a0 2-
LAGOON FREEBOARD AND AVAILABLE STORAGE CAPACITY LOG
Permit number gz O3 �3 Farm Name
Owner f ,eAUiS l� ���s Number of Lagoons at Facility
Operator in Responsible Charge
•
Certificate Number
Date Lagoon # 1
- Lagoon # 2 -
Date -
Lagoon # 1 -
Lagoon #2
31
7-2
ti
3
-1,6
2
-
Z.6
L j 7
2-
1?--31Z
7-1
-1 -Z
-
A
30
2y
3 r3
L
2r SI
-�
3 0
Z
Z
z
-Z
L
2.
-2t'
OL
1
3 a.
2
G
Z
7-
7-7
2- iK
z
31
Z -Z.-
L Sr "—I
z
Zt
24
Z Z
-2-
L
Z
ZL
-1 S
2-
L z_
ILL
b
L L
L
3 v
3 a
6--
35
2
z
a
G 1c
3 I
z
z
z_3
03
2
Z ,0
7L
1-b
2
- �
a
2-7
J
AM IRR•2
If act M
Field Site (acres) = (A)
Form Owner
Owner's Address
Owner's Phone p
Lagoon Irrigation Fields Record
One form for Each Field per Crop Cycle
Facility Number 1 [ 3d
Irrigation Operator
Irriostion Operator's
Address
Operator's Phone 0
�j From Waste Utilization Plan r Crap Type Mosommanded; AN Loading
odi1.3 2--
A% rat J Jt11 f?� tRi NS
I
'mom
MMM.
lurim
rf usm.
��i3�i
S'fi•'�
11-101111twIrTIMUM
9301.
Crop Cycle Total$
Owner's Signature Operator's Signature
Certified Operator (Print) Operator's Certification No
ICUA Waste Anaylysis pr I:qurvaient ur NRCS 4'SI1,11Me, filuItnli,al Guitle Section 6*13
MCI the value received by subtradiAg colt min (10) lain (6) Unolinuo subli3Chng columil (10) rloill 4:uiunln {11) (niluwd►y each of q,iliu.- event
6
W
)RM IRR•2
Tract t#
Field Size (scree) a tA)
Forum Owner
Owner's Address
Owners Pnorle a
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number
Irrigation Operator
Irrigation Oprratoes
Address
Operator's Phan* A
From Waste Utilization Plan
Coop Typ• I a rt•.ard.r+dod PAN loadh+s 3 Z
nr to IS) - - _Al - --dh nl 17)- 41 - - -sat- d1t#1 till
own
r
MM
�-jff�-rq
"01MrrWT1'WrQM
■csi«MM-MM
�ta�m��r�■r�rr�rrV
al
r-
Ni
p
� =MR&W
KIM�
�■r�Nrrrnrict
ta����:��
Crop Cycle Totals
Owner's Srgnature� Operator's Signature
Cendied Operator (Print) Operator's Cerlrlicslion No
ICUA Waste Anaylysrs of I:gruvalent of NIMS Hilrmalu, Tvrl mLal Mjidu section 03
nlor lha value recarved by sahlracl+no Column (IO) Irnm la) l:nrtiljr+uu stil)lract urg colurrmn (1n) 11oin t:0lunul (1 1) fulluw11111 teach irrraalre►{, everll
)RM IRR•2
Tfract s
Field Site (acres) = IA)
Form Owner
Owner's Address
Owner's Phone p
Magoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number
Irrigation Operator
Irrigation Operator s
Address
Operator's Phone M
From Waste Utilization Plan
Coop Typo Sa J Rosomvmended PAN Loading
M JI 131 — —t4l -- i ial 17) rat rat not fill
Deus
Mrloalion
Willits Analysis PAN'
(rbI1000 oeq
OAN Applied
!�!!1
'
IV
N vooen selameo
Whsra)
h1 • (to)
Stan Time
Ind Time
Tosea
WMAI
M • M
M of sprinkfers
operelYq
Flow Rete
(w )
Toed Volume
laearono)
(1) 1610 td)
Voiunre
per Alto
(oalreeIQ
XL
•
'
r
' !
L
LOY,t
4 l
o
X
.3
4
}
Crop Cycle Totals
Owner's Signature,.
Certilred Operator (Print)
Operator's Signature
Operator's Certdreulion No r
ICOA Waste Aaaylysis or I.gmvaienl or NIMS 4=slima1e, Tc•rhnic,at (iurcics Section Ga:i
nler the value received by 1,ublrarUn0 column (10) hrnn (6) (:nnhitiuu w1bl}ac:t}ng rolurruf (10) IreHrr 4:010nui (1 1) 101k)Wrnt} 0,101 unrl.tl+u aVCni
)RM IRR-2 Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Tract e
Field Site (awes) _ (Al
Farm Owrler
Owner's Address
Owner's Phone tie
Facility Number
iffigat►on Operator
Irrigation Operator's
Address
Operator's Phone M
From Waste Utilization Plan
crop Type Ro lonunift0d PAN Losong
ltb►MCro)■ O)
M r21 (It ref tsf tat rf1 to) (on Mal nu
tt
..
IF3n�
. •
w
M M
NZIMMWI
10�i
.
0
KHME
WTAXMM
MOM
■���rr�r�■rr�r
�■�
C(OP Cycle To
Owner's Signature _ Opeislors Signature
Candied Operator (Prim) Operators Cert,frcotion No
iWA Waste Anaylysis or l:(tawflent or NIMS tfstut►alts. T1 chnluil r;urUa Section Gaa
Mar the value received by aubtractrrlu eneumn (10) barn (t3) {.:rlulrnue wil)llaclulU eclltimii (10) Itom culrrrlltt (1 1) Inlluwrnlj each uricldlru„ Cvent
MM iaR•2
Tract p
Field Site (acres) = (Al
Form Owner
Owner's Address
Owner's Phone e
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number F e �7
Ir!igation Operator �-
Irrigation Operator'$
Address
Operator'a Phone M
From Waste Utilization Plan
Crop Typo � 11ssommenod PAN loodlnd
(lb%ufS) ■ ta)
l4 __tom
;OEM
MM
am
ififfom
M
�.. �r���cr�r�eerrrrr�r�c�rr��r�zrr��c�r
r�
i;�rlr��rr��rrrrrrnr�r��r�r�:r
�r .
s- �rrro=
=r
MVI
r
VIA I 1
67
■rrrrrrrrrrr�rr�rrrr
�
r
rr�rrrrrw
rrrrrr�r
rrrrrrrrrrrrrrrr
rr�
rr
rrrrrrrrrrrr�rrrrrr
rrr
rrr�rrrrrrrrrrrrrrrr
rrr
rr�rrrwrrrrr�rr�rrr
rrr
rrrrrrrrrrr
�■r
rr��
Crop Cycle Total$
Owner's Signature_ Operator's Signature
Candied Operator (Prim) Operator's Certification No
ICDA Waste Anaytysls IN t:g1+401011 ur NI:C:S Eslimal4,, tee -him al {>urtle Section 6:13
nlor the value received by sulltiacitno cNimin (to) Irnrn (8) Cnolunrt: wilwa0mg column (10) hom culumn ( 1 1) holiuwlntJ each irr galiw. everil
I
3RM IRR.2
Tract N
Field Size (aves) = {A)
Farm Owner
Owner's Address
Owner's Phone 0
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number 'Z
Irrigation Operator —'
Irrigation operator's
Address
operator's Phone 0
From Waste Utilization Plan
Cop type RetomrieWed POW toothno ' b
rii tti - 1111_ - - -it rroi dill
OEM
jrAMaM5W-W,1
murp
G
InVIOMET&MMUMMMMW
gum
�rm�ruff,�rnr�Fr
s�
r
�rr�rr
r
�r�.x�
O AE
N ft-�
�c
r
r�,��■ir�r�r��rrr■r�
rr
Owner's Signature _ _ Operators Signature
candied Operator jPrinl) Operator's Certification No
1t:UA Waste Anaylysis or Equivalent or NIMS fcst,male. l:'i-i•t+,null (;uidtr., Suction 6:13
Ater the value reCeived by suhlracl+ng column (10) hnm (6) l;n+tilm+rii s„litraeting rnlu�i,n (tq) Irisrn r,ulun+n tt 1} lurluwuitf eacr, +,n{talrco cYenl
AM IRR-2
Tract q
Field Size (acrenl = (A)
Farm Owner
Owner's Address
Owner's Phone a
Lagoon Irrigation Fields Record
One Form for Each Field per Crap Cycle
Facility Number "
Irrigation operator
Irrigation Operator's
Address
Operslor's Phone 0
�+ From Waste Utilization Plan
C►oR typo t� Recommended PAN lordlnq 7
;lbhuey • (s) j i
I+s (21 —Cot — -- it) — AP) _ CL- —M — fin_ nm its)
ll {I
gz-
wo-U
R_ N I�����LL��
�r�rs�rr����rr�r�r�,�■r�r�-�rr:�■r
rrr��■�r
NO MEMME
rrrrri�r�rr�r��rrrr�r
r'��
rr�r
■■r■�rr�rrr�rwrrrr■�rrr�
rrrr
rr��
rr
r
rr
r ■ram
rrrr
r■�rr�r
w��
�rrrr�rr+�■rfr�rrr�rr�r
rri�
,�■r�
r
�■rr
r■r
rr r■��
rrr
rr�r
rrr■
�rrrrrrrr�rwrrrr�
r
rrrrrr�rrr�rr■rr�
rrrr
�.�rrrrrrrr■r�r�.�r
err
r�r
Owner's Signature
CeNied Operator (Prins)
Operators Signature
Operalor's Cerldreetion No
IC:DA Waste Anaylysrs or l:g+rrvalnnl ur NIiC:S V51IMa1e, 'I'VO ILAI GUIOU Section 6:13
Hoer the value received by subtrarling column (10) lenln (B) Cosilinuu IitII)II3011vu colnrnn (10) Will c:ollpnn (1 1) 101uwirxl each imUibu.. evgr%I
)RM IRR•Z
Tract M
Field Sire (aces) = (A)
Farm Owner
Owner's Address
Owner's Phone a
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Far.0ily Number
Irrigation Operator
Irrigation Operator's
Address
Operator's Phone g
From Waste Utiiization Plan
Crop Typo ��� Roeoannit,nd*d MN 400ding
■
n. rat Al tray tail rflt 171 rot aril
OEM
at r
wMM====
t -YdC
9 MAGM
R'>>>��
Fzmvw*N_�Wxs�
/iMOM
MWIMMOM
Owner's Slgnalule_
Certified Operator (Print)
Operator's Signature
Operator's Certification No
X;0A Waste Anaylysrs or I:gluualent of NIMS I:sluv►clltt, rc-alert mil. GwOu Section 633
filer the value recce+wed by suletraclhng cnll+mn (10) Irnrn (g) t.:nnlmue bulslrerlrrlg colurtul (10) hgttt culu11111 (1 I) Inlluwuti41 clFlel, �irulitlo.. Event
1
)RM lftR.2
Tract 0
Field Size (acres) = (A)
Faun Owner
Owner's Address
Owner's Phone N
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number 3 If
Irrigation operator
Irrigation Operator's
Address
Operator's Phone 0
From Waste Utilisation Plan
Coop type Go/� ResorroaomMil PAN Loedrtrp I
OWN to) ■ (a) b r Z
- -- ---- -A) rsl — ?) -- - Is) —111gill
OREM
WM
r
rig", In
eM-M
in rWIMPRUMMMI
w
. ,
& =M�Wmwow
r��■r�r�rri�r�r��
r
■■��
owner's Srgnalura�
Certrlsed Operator (Print)
Operator's Signature
Operator's Certification No
IWA Waste nnaylysrsor I:gruvalrnl or NIMS I:Shrn;ru�, I'vC um i.31 (iurtlu SeClion G:l3
tiler the value rectmved by subtfacttnU column (10) Ircirn (13) (,h+llrrsur! lilrt7trJCIrr1U r lhlrllfl (1Dj trUl11 ra)Itlrlltt (11} killuwuitl r'.h h ,ttulal�tt„ event
)RM IRP•2
Tract so
Field Site (acres) = (A)
Farm Owner
Owner'& Address
Owner's Phone p
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number .
Irrigation Operator
Irrigation Opetator•
Address
Operator'& Phone 0
From Waste Utilization Plan
Crop type /' Astowme"od PAN 1.094Mp
L.� Irtrh�r0) ■ {�j {
!1� Al Ah M% fa! Ili J91 MY Ilk ISM
r
I.
1
Owner's S►gmiture � Operator's Signature
Cenrhed Operator IPnnl) Operator's Codification No
lCOA Wnste Anaylysrs of t?gurvale1tl ul NIMS Fshmate, TN-11111c al (hulks Seclion 633
Mer the vhlue received by lcublracllnq Crrltlmn (10) born 18y l;nnlimau snbliactrnij CcAtrrnn (10) hom c:ulu+nn (11) rnlluwrnij clack jitigallwl evCnl
)RM !RR•2
Tract p
Field Site (acres) = (A)
Form Owner
Owner's Address
Owner's Phone M
Lagoon irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number _
Irrigation Operator
Irrrastion Operator's
Address
Operator's Rhone N
From Waste Utilization Plan
crop Iype e V Ae4onvneer}ed PAN I.0"figt J .fir-[}�)
ta>ruse) M P) r. m ��./ �/
111 (t) 11) (4) ($l t?) 1a1 rel Mn n ��
r
t r v
EM
MMU-2
'ME
ON
HW"*
WWWO
r�
�r
r
�rrr
wr
r
�r■�
■��
��
Crop Cycle Toti�li—
Owner's Signature
Cenrhed Operator (Print)
Oporalm's Signature _
Ope(ator's Cer dication No
ICUA Waste Anaylysrs or t:qurvalent ur NI4CS I:r>0m7rr, 1 vcIirseL al riurclu Section 633
nler the value received by su1)tracru►yt column (10) trnin (F!) Cmilau a tiu1)ti3Ct1ny Cnljrrruti (10) NOM COMM (1 1) 1011L)Wr11l 14A01 vvenl
)RM lRR-2
Tract p
Field Size (acres) = (A)
Parrs Owner
Owner's Address
Owner's Phone p
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number -
litigation Operator
Irrtpation operators
Address
Operelor'a Phone 0
From Waste Utilization plan
Gap Type 'ginf�U- GA�PkT d�QjtYSe�'1�' iletenwn.116ed PrW Lped�p
mule) ■ (*ILb
r11 M 131 9461 1e1 Ill tit 161 IM 11es lie%
I
rr
WNW��r��r��
■�rr�r.��r
-��rr�c,�a�r�rORRrrtc
■,��rar
a���r�rr�rr■ww�r��r
r��
�r�r�r��rr�wr��■r
�r�r
��r�r�r�rrr■�r��r
r�r�
owner's Signature
Certified Operator (Print)
Operator's Signature
Optrat014 C1?rtfhcation No
ICUA W;lsle Amaylysls of Equivalent 01 NIMS t-,llmtlte, I'44-rlrntal Giotto Secllnn 633
Mop the value recolved by sublractino co111nin (10) lown (9) Continua tilflAfaullflu solo 111 (10) Iftlrll (7011111111 (11) Ir)lluwUSll t!S1ch rulcy.I1101. eVCnl
" J
)RM IRR•Z
71act 0
Field Size (aces) = (A)
Farm Owner
Owner's Address
Owner's Phone e
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Number i C Z
Irrigation Operator
Irrigation Operatoes
Address
Operatar's Phone 0
From Waste Utilisation Plan
Crop Type Resor ffiewod *AN t,eadlnl
IH1leere- a (a) _ . �,.. _.�.....�....�.__.
(11 12) (il M _ 11) 111 111 let let 114h rill
r
SO
I
On NOMINVIAIMMIM�1
M
r�r�wr����r�r
■r
Owner's Signature _ Operator's Signature w
Cenitled Operator (Prim) Operetat's Cartd,cation No
ICDA Waste Anaylysls or I:gmVeilelit of N14CS 151un,11Q. TVCIIMIU11 GUIdU Section 6*13
tiler 1' ilue reCuived Uy altl)lraclk,lo Column (1a) Irnm (s) t:nntu+uu Uul1tiactir> cola o (10) Irurn c:ohimn 111) Inlluwul1l 0,101 nn11d1+V,. Event
)RM IRR.2
Tract M
Field Site (acres) = (Al
Farm owner
Owner's Address
Owner's Phone p
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
Facility Nurrlber 3 �
Irrigation Operator r
Irrigation Operator'/
Address
operator's phone 0
From Waste Utilization Plan
Crop Typo e Rreosnrnended PAN L � �! J 6
R/ RIb/Kre +
— A$) —�n 074 (81 co � ....
��
rw�
�r
�
�r rr
�r■r
��
��
Owner's; Signature Operator's Signature
Cendied Operator (Prim) Operator's Certification No
ICDA Walsto Anaylysrs or t:qurvalrnl Or NItC;S 1: �I�mtltu, Ttrcl,,,ic,at rhr+ciL' section 633
Hier 1' )"lue received by !subtrectu"O Column (10) f+nm (0) t,;nntu+uu s illwacl,ri, Cti WMI (10) IM111 Cc1h,m,1 (11) 1011 w,nil r!ich unUJbt)) . 0VC111
WA
co r
May 1, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Edward and Henry Dail
Dail Brothers — Turkey Hog Farm
825 NC 24 East
Kenansviile, North Carolina 28439
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: NOTICE OF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Dail Brothers — Turkey Hog Farm
Facility No. 82-303
Sampson County
Permit No. NCA282303
Dear Mr. Dail:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have a National Pollutanf'Discharge Elimination (NPDES)
permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and
Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit.
Violation 1: Failure to apply animal waste at rates in accordance with your permit and Certified Animal
Waste Management Plan: (Permit No. NCA282303 Section 2 condition 4.)
On March 15, 2006, a site visit was conducted by DWQ personnel upon referral from the Division
of Soil and Water Conservation. Records were incomplete at the time of visit and requested to be
forwarded to the regional office for review, Review showed over application of Plant Available
Nitrogen (PAN) on soybeans by more than 20% on pivots 1 & 2.
Required Corrective Action for Violation 1:
If you have not already done so, immediately cease application methods of animal waste that
causes or contributes to over application of PAN and take all necessary steps to ensure this
violation does not re -occur. The steps could include but are not limited to modification of your
Certified Animal Waste Management Plan and/or adjustment and calibration of the spray
irrigation equipment.
Violation 2: Failure to maintain vegetative cover on application field in accordance with your permit and
Certified Animal Waste Management Plan: (Permit No. NCA282303 Section 2 condition 2.)
On March 15, 2005, DWQ personnel observed evidence of pumping on a waste application field
with poor to no visible crop. A pivot was stuck in this part of the application field. oAnnee
NarihCarolina
,Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733 -7 015 Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Regcled110% Post Consumer Paper
Mr. Dail
May 1, 2006
Page 2
Required Corrective Action for Violation 2:
Maintain vegetative cover on all application fields in accordance with your permit and Certified
Waste Management Plan.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for these violations or any past or future violation. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty of not more than $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact Mr. Steve Guyton,
Environmental Specialist, or myself at (910) 486-1541.
Sincerely,
r
Stephen . amhardt
Regional fifer Protection Supervisor
cc: Keith Larick - Compliance Group
Sampson Co. NRCS
Danny Edwards — SWC, FRO
Central Files - Raleigh
Water Resources
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
George Wells
WCW Farms
685 Timberlake Dr
Clinton, NC28328-9358
Dear Permittee,
REUtivau
DEQ1DVVR
FEB 20?wia
WOROS
FAME RMLLF Rpr nNAL ONCE
February 14, 2018
Subject: Notice of Deficiency
WCW Farms
Permit Number AWS820303
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 outstanding:
Invoice Number
Due Date
Outstanding Fee $
2017PR006216
8/6/2017
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: (919) 807-6316
-contd-
-�-- 'Nothing Compar"--__.-
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 (919) 707-9129.
Sincerely,
-bA,s.U)B;*
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 AWS820303)
March 11, 2005
Larry Baxley
D_E.N.R
Division of Water Quality
225 Green Street
Suite 714 Systel Bid.
Fayetteville, NC 28301-5043
APR 2 2 2005
DENA-FAYEi MLLEREGIONAL OFRCE
Subject; Discharge notification letter for Turkey Hogs LLC Farm, facility number 82-
303.
Dear Mr, Baxley,
This letter is to serve as written notification of the runoff to a field ditch which
occurred at the Turkey Hogs LLC farm, facility number 82-303, on the evening of March
4, 2005_ The rumf£ which was called in on the morning of March Sth, was the result of
an irrigation reel motor failure. The engine failed due to a carburetor problem. The
failure caused the reel to stop retracting, which caused the wastewater ro pond and runoff
into a field ditch. The operator was onsite and noticed the reel had stopped an shut the
pump off An earth dam was constructed in the ditch to prevent the water from
advancing down the ditch. The wastewater was then reclaimed from the ditch using a
trash pump and land applied to a nearby sprayfield. The ditch was then flushed using
fresh water from a tanker trailer, which was also land applied.
1f you have any questions or need additional information, please do not hesitate to contact
me at (910) 385-5837.
Sincerely,
olzuk .
Clark Williams
O�oF W.A rF9QG
r'
O C
March 23, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Charles Hilton/Stan Draughon
PO Box 645
Warsaw, North Carolina 28393
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Subject: NOTICE OF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Hilton & Draughon Farm
Facility No. 82-303
Sampson County
Permit No. NCA282303
Dear Mr. Stan Draughon:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have a NationaI.Pollutant Discharge Elimination (NPDES)
permit for the subject animal waste disposal system pursuant to N_ C. General Statutes 143-215 et seq. and
Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit.
Violation 1: Failure to apply waste in accordance with the facility's NPDES Permit and the Certified
Animal Waste Management Plan. (Permit No. NCA282303 Section II Condition 4)
On 3-07-05 ponding was observed on a spray field of the Hilton/Draughon Farm resulting from an
irrigation event_ The ponding was observed in the company of your then Operator in Charge.
Waste was standing in a large pool in the middle of the field and there was evidence of a possible
discharge in the ditches.The waste was contained on the spray field at the time of inspection and
remediation measures were taking place by farm staff. I
Required Corrective Action for Violation 1:
Please apply waste in a manner to avoid ponding, hydraulic overloading, and possible runoff of waste from the
spray field.
N"oy�nCarolina
Jvn WAY
North Carolina Division of Water Quality Aquifer Protection Section 225 Green Su Suite 7l4 Fayetteville. NC 28301 Phone (910) 486-1541
FAX (910) 486-0707 Interret h2o.enr.state.nc.us Customer Service 1-S77-623-6748
An Equal opportunilylAff rmative Action Employer - 50% Recydedll00% Post Consuuner Paper
Hilton/Draughon Farm
March 23, 2005
Page 2
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before April 18 2005 unless another time frame is indicated below:
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
October 1, 2004 to the present along with a copy of your CAWMP.
2. Please have the OIC or Permittee for this farm include an explanation as to how this violation occurred.
3_ Please have the OIC or Permittee include a list of the steps that will be taken to prevent this violation from
occurring in the future.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for-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. Larry Baxley,
Environmental Specialist, or myself at (910) 486-1541.
Sincerely,
Protection Supervisor
SBlicb
cc: Keith Larick - Compliance Group
Trent Allen — SWC, FRO
Central Files - Raleigh
April 11, 2005
Certified Mail
Return Receipt Requested
NCDENR-FRO
225 Green Street / Suite 714
Fayetteville, NC 28301
Subject: NoV Response (Corrective Actions)
Hilton & Draughn Farm (Turkey Hogs, LLC)
Facility No. 82-303
Sampson County
Permit No. NCA282303
Dear Mr. Barnhardt:
RECO
APR 19 2005
'ENR- FA"BILLEREGIQNAL OMCE
f I ! 4y-
4V��.-
Yd
This letter is in response to the 3/07/05 ponding violation that occurred on the Turkey
Hogs, LLC farm and that was observed by DWQ staff. Please find attached a notification
letter b)i the OTC as to the cause the violation.
The following are a list of steps t at will be taken to prevent this violation from
occurring in the future:
Farm has new OTC
• Spray field conditions will be inspected thoroughly prior to operating any
irrigation equipment and will be monitored by the new OTC at all times during
irrigation events.
• OIC will be aware of weather forecast before irrigation events occur.
• Irrigation equipment will be operated in high gear when irrigating on any winter
crop.
• Aeration of all spray fields prior to crop planting.
• DWQ will be notified of any permit violations that could possibly occur in the
future.
Please find attached copies of requested records.
If you have any questions please feel free to contact me at (910) 293-4673.
' Thank you,
Stan Draughn
DWQ (Animal Section);
�OF W A TF�Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> r—� Alan W. Klimek, P.E- Director
p Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Travis Register
PO Box 244
Turkey, NC 28393
Subject. Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Travis Register
Facility Number 82-303
Sampson County
Dear Mr. Register:
Thank you for your recent submittal of the information requested in our letter dated April 15,
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.
a
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 15, 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.
A
IICEIENi
Customer Service: Mailing Address: Telephone: (919) 733-5083 Location:
1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St,
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled / 10% post -consumer paper
httpJ/h2o.enr,state.nc.us
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.
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-303
Non -Discharge Compliance and Enforcement Unit
Central Files -
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
July 17, 2002
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
Mr. Travis Register
P.O. Box 244
Turkey, NC 28393
SUBJECT: NOTICE OF DEFICIENCY
Travis Register Farm
Facility No. 82 - 303
Sampson County
Dear Mr. Register:
William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
On July 16, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an
annual inspection of the Travis Register Farm in Sampson County. The inspection revealed that the bermuda grass
waste application fields was predominantly crabgrass, fall panicium, goose grass and dog fennel. Field # 2 was
sprigged in May and does not appear to have survived due in part to the dry weather and the grass competition (goose
grass). Field # 5 appears to have a partial stand with a severe competition problem with fall panicium and crabgrass.
Field # 7 has a fair stand of bermuda considering the severity of the weed competition (dog fennel). In addition, an
inspection of the irrigation piping identified potential problems with the use of tempory aluminum piping to cross canal
ditches which could result in discharges. Also, the facility was overgrown with weeds and grasses around the barn site
which hindered the inspectors ability to conduct a thorough inspection.
The Division of Water Quality requests that the following items be addressed:
The bermuda grass waste application fields (field # 2) may need to be resprigged in the early spring of 2002
due to the loss of the stand. Contact an agronomist for assistance with preplant recommendations and the
treatment of the weed and grass competition in fields 5 and 7.
2. Contact an irrigation specialist for assistance with the appropriate irrigation design for crossing canals and
ditches to prevent possible future discharges that could result from the use of temporary piping.
3. Maintain the confinement barn site, in particular the immediate area around the barns, waterways,
lagoons, and irrigation equipment, to allow daily inspection to assist in the early detection of waste
handling equipment failures and or malfunctions.
Fayetteville Regional Office
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Phone: 910-486-1541/FAX: 910-486-07071Internet: %V%Vw.cnr.state.nc.us/E:N
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110°/a Post Consumer Paper
.A
Page 2
Mr. Travis Register
July 17, 2002
If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
RFH/ rh
cc: Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson County NRCS
Greer Moore - Premium Standard Farnis
Travis Register
PO BOX 244
311 Wilmington Rd.
TURKEY. NC_ 28393
Home Phone (910) 533-2107
March 23, 2000
North Carolina Department of Environment and Natural Resources
225 Green Street - Suite 714
Fayetteville, NC 28301-5043
RECEIVED
HAR 2 4 2000
FAYEiTEVILLE
REG. OFFICE
Subject: Notice of Violation and Notice of Recommendation for Enforcement
Permit NO. AWS 820303
Travis Register Farm
Facility No. 82-303
Sampson County.
Dear Mr. Rawls:
This letter is in response to your letter of March 16, 2000 Regarding the Notice of Violation and
Notice of Recommendation for Enforcement For my swine operation .
Mr. Robert Heath, Environmental Specialist from the Fayetteville Regional Office, visited my farm on
the evening of February 29th, 2000 and informed me that during a routine flyover of the area earlier in the day it
appeared that there was significant ponding of wastewater on the spray field I was irrigating and he was there to
investigate. I immediately shut down the pump and proceeded to assist Mr. Heath in investigating the event. Mr
Heath and I walked over the spray field and He took pictures of the areas in question. There was some ponding
evident in the edges of the field.
Upon further investigation, it was discovered that the edge of the irrigation gun was irrigating to the edge of
the ditch and there had been a discharge from this point and not from the spray field where the ponding was
observed.
Mr. Heath stated that due to the lateness and lack of daylight he was unable to determine the amount of the
spill and the extent of the damage at this point. He said he would return between 7:30 and 8:00 am the next
morning ( March 1) and evaluate the spill at that time.
Mr. Heath returned the next morning and I assisted him in obtaining samples from the ditch at the point of
entry of the waste water and both upstream and down stream from the spill. Mr Heath stated that the spill was less
than 1,000 gallons and that I should dam up the ditch upstream and downstream from the point of entry of the spill
and pump the water and effluent from the ditch, which I did. Mr. Heath advised me that he would be in touch
regarding the results of the samples and that this completed his investigation at this point. Mr Heath also advised
me to switch the .97 nozzle in my irrigation gun to a smaller one. 1 have installed a .86 nozzle and am currently
using it.
Further investigation has revealed that there were some problems found with the irrigation gun on the system.
It was found that the waste water that entered the ditch form whe gun was caused by a stop on the gun that had
moved during operation because it was cracked when it was moved to set the limits on the gun before starting the
system. This had allowed the edge of the gun's rotation to be at the edge of the ditch.
The second problem found was that although the irrigation gun was rotating during operation the movement of
the gun had become slower that normal. The gun was removed and taken to Rainman Irrigation for testing and
repair. The testing revealed that the bearings in the gun were defective. This caused the slow rotation of the gun
which caused the ponding in the field..
I am enclosing copies of the repair bills and a photograph of the defective stops.
In reply to the specific questions in your letter (1-3) :
1. There was no runoff from the field. The runoff was caused by the defective stop on the gun moving and
allowing the edge of the gun to spray to the edge of the ditch. ( see above explanation.) The bearings and stop on
the gun failed during operation.
2. The system has been thoroughly tested and the above mentioned repairs made. The system is never left alone
when in operation, and is checked regularly before and during operation. A more frequent schedule has been
implemented while the system is in operation.
3. The system has been thoroughly evaluated by professional repair personnel and works properly.
This is the first and only discharge or violation from this facility and it was due to mechanical failure.
My operation has a good clean environmental record and we are working hard to prevent any discharges and to
keep this record.
While there was a discharge of less than 1000 gallons, there were mitigating circumstances that caused this to
happen. 1 do hope you will take them into consideration when making your decision.
Sincerely,
Travis Register
Owner 1 operator Facility 82-303I
RAINMANyIRRIGAT1ON.INCFh
t137,`�D�x"ry w
Y `` a z Nn Olive NC
�J Pieoe ES8-t-412 '� s}x.
I� r
O-•`T�\.snJ`e.�'+
�, -.l i-L}"'
; E -
.,n5x�� ya=�t��_ ,.. +.Y'{c a` �yyt-S•. G`
DAMEZWF1.
ISO
SIZES
1 t✓-i�s..� f .s NUCK - at:;x"� �s- 1 '';f,r ; S r x �a.
r
'-' . ................
N `7i
•r' t .,'. 3" "� -m`' i..F .s 3Ty'y Px.r+! ��. k-�,.� K '- � ,4 } Jav an ^ F 'rz,S4 �+` F i ''�"u n.d'
y{':.h-
�'cR
-
e
. . . UNT
lwr-3.,
F-� 'yi i`yeTF°rn�'� ez '�1`�'✓
B _ g.. GROWIII
jq-
{ ' 7xa g
7 r"
':- •. r. ��..+�.-,:
�'
-• r r , �'^ni n ray t--
$a37y r.S
l r ✓:
VIA-
0 lot
F
�'i 32.T.L..�� `YP:!'3k-"C JZ -'L .��'� dk: � ^W .L..1" �
�1.a.'!" I Y
.i���Ci yv..`�w 'n' S,'�`tn'hY'F"• 1„�`A
_-
�
h,—.~`%�
�
j C!. � - J: �
•
�
ZFJ-ZR
Swum
-
� YL.xS •. .�,3
t GS 'r' �
� x�Ji •tom J �'7�j�� �%;��feg
+c„ 7�+.nA
isx
� _
��
�
F,}•� J J �•-f+'Y Y Si'sy .V3 k § icyH-
h..t
= �k L..'X f
�y i�e4,+C'9•Y;
��"'Y' A 7 �r-EY'.S +Ni +SfO
coi
Am
� �0 �, �
/��.� �y
'e yi1....... "'R
£ GirrW 01xL' k' AA
Vsit
f. rJ .CL w ii•�S]VR #fi. Y
/141
Ai ddfro5 3rld fetuRiBd gOOdB MUST, b@W/YMlIiE�,/T
r i THANK YOU
03v
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 16, 2000
Mr. Travis Register
P.O. Box 244
Turkey, NC 29393
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820303
Travis Register Farm
Facility No. 82 - 303
Sampson County
Dear Mr. Register :
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 29, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed a routine fly -over of the Travis Register Farrel
in Sampson County. During the fly -over, it was observed that the facility was
irrigating and wastewater was ponding and appeared to be entering a canal ditch
and leaving the spray field. After the fly -over, a site visit was made to the facility
to confirm the findings from the flight. An inspector arrived at the facility and
observed wastewater discharging into the canal ditch an unnamed tributary of Mill
Run, which is Class "C SW" waters. The inspector notified you of the discharge,
and requested that the irrigation be curtailed and that an earthen berm be
constructed in the canal ditch to prevent additional wastewater from entering the
stream.
The Division of Water Quality requests that the following items be addressed:
Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714, FAYETTEV I LLE, NORTH CA ROLINA 28301-5043
PHONE 910-486-1541 FAX 910-486.0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
... - �_ � ?
Page 2
Mr. Travis Register
March 16, 2000
2. A more detailed and thorough inspection of the irrigation system along with spray field condition
needs to be carried out on a routine basis before and during an irrigation event to prevent the
future release of wastewater.
3. Immediately evaluate and determine what corrective actions can be implemented to prevent
wastewater from entering the ditch adjacent to the spray field in the future.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual -non -discharge permii 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 than $25,000.00 per day per
violation.
You are hereby notified that based on the above information the Fayetteville Regional Office of
the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the surface
waters of the State from a non -discharge facility.
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 Larch 26, 200Q. A copy of this response will also need to be submitted to the
following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office will be reviewed and if enforcement is still deemed appropriate,
your explanation will be forwarded to the Director with the enforcement package for his
consideration.
Page 3
Mr. Travis Register
March 16, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Robert Heath, Environmental Specialist or myself at (910) 486-1541.
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group
Brian Spell -Dogwood Farms
® Microbac Laboratories, Inc.
FAYETTEVILLB DIVISION
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
(910) 864-1920 / (910) 864-8774 (FAX)
http://www.rnicrobac-com
CHEMISTRY • MICROBIOLOGY • FOOD SAFELY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Bob Heath
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Discharge Point - ID #00WE21429
2.
3.
4.
NC # 11
NC #37714 G
USDA #3787 \J�
DATE REC'D: 02/29/00 SAMPLED: 02/29/00
SAMPLED BY: B. Heath
DELIVERED BY: J. Hasty
SAMPLE CODE: WW, Grab
REFERENCE: Travis Register Farm
DATA REVIEWED BY:
DATE REPORTED: 03/17/00
}**+++++*+++***+***********+*++*++++++++++++++*****++++*+++++4+++++++++++++f+***++
ANALYSIS METHOD 1 2 3 4
ROD (mg/L) EPA 405.1 72.0
COLIFORM, FECAL (per 100 ml) SM18 9222D 500000
NITRATE (mg/L) EPA 353.3 3.29
CQDAMMTS: < = Less than
> = Greater than
PAGE 1 OF 1
RECEIVED
A1AR p q 2090
FAY�I
AFG.OFFlC�E
The data and outer information contained on this, and other accompanying documents, represent only the M E M B E R
sample(s) analyzed and is rendered upon the condition that h is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research
O=Microbac Laboratories, Inc. ,
FAYB'PTLVILLS DIV13ION NC #11
817 CASTLE RAYNE STREET NC #37714
Mi
i , I FAYETTEVILLE, NC 28303 USDA #3787
(910) .864-1920 / (919) 864-8774 (FAX)
http://www.microbac.com '
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS '
CERTIFICATE OF ANALYSIS -?
CLIENT: NC DENR - DWQ DATE REC'D: 02/29/00 SAMPLED: 02/29/00
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: B. Heath 1
Fayetteville, NC 28301 DELIVERED BY: J. Hasty
CONTACT- PERSON :=Mr.' Bob Heath - "-' SAMPLE CODT;`: L�1W, Grab -
ACCOUNT NUMBER: #KNO03 REFERENCE: Travis Register Farm
SAMPLE ID:� 1. Discharge Point - 1D #OOWE21429
2.
3. DATA REVIEWED BY:
4.DATE REPORTED: 03/17/00
+*++++#++++ti##+**++i+iii*ii++*ti+i*+ii##++++#i*++++i*#++
` ANMYSIS M4"i`HOD i 2 3 4
•�:, i}t++¢•#+•k}+}*i+ff}}}}#+*+#+}*+**#i#f�+k+}++#tiF#++#*t}#}#ti}+}+!#tii#*}}#*}}+*}*ti#}t*Fd#i*t
BOD (tng/L) EPA 405.1 72.0 ;
.f 54
COLIFORM, FECAL (per 100 ml) SM18.9222D 500000 -
NITRATE (mg/L) EPA 353.3 3.29
c iy a
Ift
a
yy�b
4
,
RECEIVED
Commons: [ = Legs than MAR
>. = Greater than
r FAYETTE/ILLE
'REG.OFFICE
PAGE 1 OF 1 f
Q
y
The data and other information contained on this, and other accompanying documents, represent only the MEMBER
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or In part for
advertising or other purposes without written approval from the laboratory. ,
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research
O Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
B17 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
(910) 864-1920 / (910) 864-8774 (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Bob Heath
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Upstream - ID #-OOWU31462
2. Downstream - ID #-OOWF31463
3.
4.
41-4
NC #11
NC #37714
USDA #3787
DATE REC'D: 03/01/00 SAMPLED: 03/01/00
SAMPLED BY: B. Heath
DELIVERED BY: B. Heath
SAMPLE CODE: Stream, Grab
REFERENCE: Travis Register Farm
DATA REVIEWED BY:
DATE REPORTED: 03/17/00
ANALYSIS ML+MOD 2 2 3 4
ttt+f++tt+tti+iti++iti+tt++t+++tttttttitt+tttt+t+itttttt++tt++tt+ttiiii+ttt+++itit+t+t+it+
BOD (mg/L) EPA 405.1 2.59 24.2
COLIFORM, FECAL (per 100 ml) SM18 9222D 9 50000
NITRATE (mg/L) EPA 353.3 <1.0 <1.0
COtMNTS: < = Less than
> = Greater than
PAGE 1 OF 1
RE�if�i)ei
f.! A,R 2 4 2000
FAYETTEVILLE
REG. OFFICE
The data and other information Contained on this, and other accompanying documents, represent only the M E M B E R
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research
b= ® Microbac Laboratories, Inc:
FAYETTEVILLE DIVISION NC #11
817 CASTLE HAYNE STREET NC #37714
Mi
' , FAYETTEVILLE, NC 28303 USDA 43787 crac
(910) 864-1 920 / (910) 864•-8774 (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS :F .
r "
CLIENT: NC DENR - DWQ DATE REC'D: 03/01/00 SAMPLED: 03/01/00
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: B. Heath
Fayetteville, NC 28301 DELIVERED BY: B. Beath
CONTACT PERSON:s-Mr- -Bob. Heath. -� SAMPLE CODE::Stream, Grab
ACCOUNT NUMBER:-#KNO03 REFERENCE: Travis Register Farm
SAMPLE ID: 1. Upstream - ID #-OOWU31462
2. Downstream - ID #-OOw,F31463
a
3. Q DATA REVIEWED BY:� f
I._ 4. DATE REPORTED: 03/17/00
++++++++++++++a+f+++++,r++++a+++++++++++r+a+++++++++tt++a++a++++++++++++a+++++i+++at++++a++
AHUYSIS METHOD 1 2 3 t
BOD (mg/L)Oil
EPA 405.1 2.59 24.2
COLIFORM, FECAL (per 100 )'Y SM18 9222D 9 r 50000
NITRATE (mg/L)PA 353.3 <1.0 <1.d
s
s-
RECEIVED
r MAR 2 4 200
F >?
< = Less than FR EML
> = Greater than
�J
PAGE 1.�'OF 1:#,
The data and other Information contained on this, and other accompanying documents, represent only the E M E R
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising Or other purposes without written approval from the laboratory, i
x
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research
4mmloOBAC ENVIRONMENTAL LABORATORY, INC.
817 Castle Hayne SL, Fayetteville, North Carolina 28303
Phone (910) W-1920 - Fax (9101864-8774
CHAIN 006USTODY RECORD F PAGE .
P.0.0 CLIENT NAME
PpaEyLocAnoN
WATER COMPOSITE SAMPLING DATA
�%./•�
AUTOMATIC
DISCRETE BEGIN: END: TEMP
TIME DATE DATE TOTAL FLOW
SAMPLERS
{Srplshre)
SEND pEPORT TO:
' 0
CONTINuous TIME TIME TECH
MICROBAC DIVISION
Semple Chest
Semple Temp.
Melliad CI SNpmw*
x
Chest Temp.
'C
'C
Oats Time
FLOW FLOW FLOWY
PROPORTIONED INTERVAL WS! Sample I samples
LAB I.D.
SAMPLE NO.
SAMPLE DESCRIPTION I LOCATION
COLLECTED
RITE TIME
SAMPLE TYPE
COMP I ORAB MATRIX
NO.OF
CONTAINERS
CONTAINER
TYPE!
ANALYSES REOLIE5TED
PRESERVATIVE
M
_
co
ZA
I
I
i
I
I
1
Relinquished (' )
Date
Time
Rac ( f
�
Dale
Time
1
�
2
Z Z
4`.
by:�+gna re
Date
ji�me
c d by (s(gnatwe)
oat
Time
�efinqui3hedby: (Signature)l
Date
Time
Received by, (SigrO ire)
Date
Time
5
s
Relinquished by: (ftnature)
Date
Time
Received by: (Signature)
Date
Time
S
1
Comments or Special Hazards:
4WLCRO.ONMENTAL LABORATORY, INC.
817 Castle Hayne St., Fayetteville, North Carolina 29303
Phone (910) 864-1920 - Fax (910) 864-8774
CHAIN 00%USTODY RECORD
PAGE •
P.O. • j
CLIENT NAME
PROACTILOCATION/J� L
WATER COMPOSITE SAMPLING DATA
AUTOMATIC
DISCRETE BEGIN: END: TEMP
SAMPLERS
fhypJ/J —
SEND REPORT TO:
/If��/.�✓
�I
f�/
PHONE( ��D } (�0 6 / � 4%�
TIME DATE DATE TOTAL ROW
CONTINUOUS TIME TIME TECH
MICROaAC DMSION
Sample Chest
Sar ple Temp.
Med od of Shipment:
Chest Temp.
"C
'C
Date Time
FLOW FLOW FLOW
PROPORTIONED INTERVAL MLSlSample 0mnples
LAB I.D.
SAMPLE NO.
SA6&LE DESCRIPTION ( LOCATION
COLLECTED
DATE TIME
5AMPL F TYPE
COMP I GRAB MATRIx
ND. OF
CONTAINERS
CONTAINER
TYPE!
ANALYSU REOLIESTEO
PRESERVATIVE
00
I�
ale
C/o, Av,✓S Arm
1-3 l /
o
I ✓
a
,�
Relinquished ig e)
i9lma
Re dby:(Signature)
Time
pDate
�z7
r�
G
)Date
Tab
% i
1�rr
Relinquished by: (Signature)
Date
Time
Received by: (Signature)
Date
Time
3
4
IIIIIIIII
Relinquished by: (Signature)
Date
Time
Recalved by: (Signature)
Date
Tima
5
6
Relinquished by: (Signature)
Date
Time
Received by: (Signature)
Date
Time
8
Comments or Special Hazards:
It
State of North Carolina
Department of Environment
and Natutral Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Travis Register
P.O. Box 244
Turkey, NC 28393
Dear Mr. Register:
0 "M, A,
4 0 •
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEAV MEMO
MD
19 3
FAYETTEVILLE
REG. OFFICE
SUBJECT: Notice of Recommendation
For Enforcement
S & T/Travis Register
Farm #: 82-303
Sampson County
This letter is to notify you that the Division of Water Quality is considering enforcement action
against the subject facility. The action concerns the violation of NCAC 15A NCAC 2H .0217(a)(1)(H)(vh)
for expanding an animal operation without first obtaining an updated certified animal waste management
plan -
A registration form for this facility was received on November 3, 1993 that listed the design
capacity for the subject farm as 2448 finishing hogs. A certification form for the subject facility was
received by the Division on December 18, 1997 for 4896 finishing hogs. This certification form states that
the facility was expanded in 1994. In accordance with 15A NCAC 2H .0217(a)(1)(H)(vii) the subject
facility was required to develop and implement an appropriate animal waste management plan and submit
certification of that plan before additional animals were stocked at the subject facility.
If you have an explanation for this violation that you wish to present, please respond in writing, to
the Non Discharge Compbance/Enforcement Unit within ten (10) days of your receipt of this Notice.
Please submit your response to the following address:
Attn: Dennis R. Ramsey
Non -Discharge Branch
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package for his consideration.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
1 0
If you have any questions about this letter, please feel free to contact Mr. Shannon Langley at
(919) 733-5083, extension 581.
Sincerely,
Dennis R. Ramsey, Assistant Chief
Non Discharge Branch
Cc:�Favz:!*eerRaion�ffice
Facility File #: 82-303
Shannon Langley
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper