820315_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qua!

State of North Carolina
Department of Environment,
Health and Natural 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
Attn: Henry Moore
P.O. Box 1101
Clinton, NC 28329
A14:
�EHNR
December 19,1997
Subject:
RECEIVED
r-AYErrEV€LLE
Dear Mr. Moore: REG. OFFiCE
Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Bobcat Farms
Sampson County
Facility #: 82-315
AL 97-013
1 considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have
decided to remit the entire civil penalty in the amount of $500.00 and hereby close File No. AL
97-013.
Please be advised that a full reduction of the civil penalty assessment in no way precludes
the Division from taking future enforcement actions against the subject facility should future
violations occur.
Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sincerely,
l
l
A- Preston Howard, Jr., P.E.
cc:�DWQ.Raleigli Regional -Office
Enforcement file
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycledtl0% post -consumer paper
Fid

- 1 . copra
State of North Carolina
Department of Environment, Health andNatural Resos
Division of Water Quality wPRo 1 Ig��
Non -Discharge Permit Application Form / Survey ,aC�
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) �
General Permit - Liquid Animal Waste Q erat
q P ons
The following questions have been completed utilizing information on file with the
Division. Please review the information for completeness and make any corrections
which are appropriate. If a question has not been com leted b the Division, please
complete as best as possible. Do not leave �� e fi awn�ered.
Application Date: 1 ` � `� ? t �'• f a 41997
I. REQUIRED ITEMS CHECKLIST FAYi—=TTE116LLF-
Please indicate that you have included the following required items by signing youi1VrnVsGMsr'Ee provided next to each
item.
Applicants Initials
1. One completed and signed original and one copy of the application for General Permit - Animal'
Waste Operations;
2. Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is disposed;
3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does
not have a CAWMP, one must be completed prior to submittal of a general permit application
for animal waste operations.
II. GENERAL INFORMATION:
1. Farm's name: Bobcat Fa
.�,t2. Print Land Owner's name: Henry Moore Jr.
3. Land Owner's Mailing address: _PO Box 766
City: _ Clinton NC Zip: 28328
Telephone Number. 910-592-3794
4. County where farm is located: Sampson
5. Farm Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy
of a county roadmap with the location of the farm identified): HeEdng Rd. 701 to Delway turn righl I st crossroad turn le
zo abo—u—tI mile on fightabout I Mile offad. S
6- Print Farm Manager's name (if different from Land Owner): e` i
7. Lessee's/ Integrator's name (if applicable; please circle which type is listed : Carrolls Foods Inc
82-315
FORM: AWO-G-E 2/26/97 Page 1 of 3

i
III. OPERATION INFORMATION: �
1. Farm No.: 82-I
2. Operation Description: Swine operation
Farrow to Wean
4800 - Certified Design Capacity
Is the above information correct? yes; 0 no. If no, correct below using the design capacity of the facility
Tvpe of Swine No. of Animals Type of Poultry No. of Animals Tvge of Cattle No. of Animals
0 Wean to Feeder
0 Feeder to Finish
0 Farrow to Wean (# sow)
0 Farrow to Feeder (# sow)
0 Farrow to Finish (# sow)
0 Layer 0 Dairy
0 Non -Layer 0 Beef
0 Turkey
Other Type of Livestock on the farm: _No. of Animals: -
3. Acreage cleared and available for application: 103 Required Acreage (as listed in the CAWMP)-. 93
4. Number of Lagoons: 2 ; Total Capacity: 3Q34770 Cubic Feet (ft3)
Number of Storage Ponds: _; Total Capacity:
5. Is animal waste being applied on any field which has subsurface drains?
6. Are subsurface drains present in the vicinity of or under the lagoon?
IY APPLICANT'S CERTIFICATION:
�..__ eJ12L, F- Ae ore L
Cubic Feet (ft3)
YES or(please circle one)
YES or 3 (please circle one)
(Land Owner's name listed in question 11.2), attest that
this application for 1JQQCf:jj 17rt 1C m .1- /26 y Cc" rC, r)%j _j_L (Farm name listed in question H.1)
has been reviewed by me and is accurate and complete tothe best of my knowledge- I understand that if all required pans of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned to a as incomplete.
Signature Date �
V. MANAGER'S MRTIFICATIO�N: (complete only if different from the Land Owner)
I, 1 (Manager's name listed in question II.6), attest that this
application for (Farm name listed in question H. I }
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned as incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: [phone]
FORM: AWO-G-E 2126197 Page 2 of 3

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FARM NAME OR NUMBER
cqpc
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WASP 1991
CARROLL'S FOODSFIInd.
P. O. Drawer B56 a pemWong
WARSAW, NORTH CAROL398
FACILITY DESIGN AND
WASTE MANAGEMENT PLAN
FARM DESCRIPTION 4.1400 r-1hk4th9 Z -b ViSAR
LOCATION Q I1 .&
s!SLA�om_
COMPANY FARM lj D
CONTRACT GROWER`

TABLE OF CONTENTS
Vicinity Map .............................................. 1
✓ASCS Field Map ............................................
2
-Soils Map .................................................
3
✓Soil Investigation Worksheet ..............................
4
-Waste Treatment Pian ......................................
5
g,� SLS Waste Utilization Plan ....................................
6
-Operation and Maintenance Plan ............................
7
-Construction Specifications For Lagoon ....................
8
+Seeding Plan (Farm Site) ..................................
9
vComputer Drawing of Existing Ground .......................10
-Existing Elevations.......................................11
"Lagoon Cross Section Diagram..............................12
vComputer Draving of Proposed Lagoon & Building Pad
........13
`§ite Balance Report.......................................14
,"Computer Draving - All Data - Proposed ....................15
vComputer Draving - Contour Lines ..........................16
/Computer Draving - Sloping Lines ..................
......17
Computer Drawing - Blov-up of Lagoon Corner ...............18
-Building Pad Elevations .....................................
19
�A Computer Cross Section - Existing - Proposed - Balanced ...20
Facility Overlaid on Existing Topo Map ....................21

State of North Carolina
Department of Environment,
Health and Natural 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
ATTN: HENRY MOORS, JR_
BOBCAT FARM
P.O. BOX 766
CLINTON, NC 28328
Dear Mr. Moore:
A 14
A&I
C)EHNF3
September 30, 1997
RrECEIIVD
OCT 0 61997
FA`ETTEVILLE
FSG. OFFICE
Subject: Notice of Violation and
Assessment of Civil Penalty for
Violation of G.S. 143-215.1(a)(2).
Facility #: 82-315
Sampson County
Case #: AL 97-013
This letter transmits a Notice of Violation and notice of a civil penalty assessed against
Henry Moore, Jr. in the amount of $500.00. This assessment is based upon the following facts:
A permit for this animal waste management system is required in accordance with NCAC
2H .0217 and G.S. 143-215.1.
In accordance with G.S. 143-215.10C, Henry Moore, Jr. was notified by certified mail,
which was received on June 17, 1997, of the requirement to apply for coverage under an
Animal Waste General Permit within thirty (30) days of receipt of the notification (July 17,
1997).
No application from Henry Moore, Jr. has been received as of September 9, 1997.
In accordance with Chapter 626 of the 1995 Session Laws (Regular Session 1996),
Section 19(c)(2), any owner or operator who fails to submit an application by the date
specified by the Department SHALL NOT OPERATE the animal waste system after the
specified date. Therefore, the existing animal waste management system is being operated
in violation of G.S. 143-215.1(a)(2).
Based upon the above facts, I conclude as a matter of law that Henry Moore, Jr. violated
or failed to act in accordance with the requirements of G.S. 143-215.1(a)(2). A civil
penalty of not more than $10,000 per day 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.
P.O. Sox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Based upon the above facts and conclusions of law, I hereby assess Henry Moore, Jr. a
$500.00 civil penalty for this violation of G. S. 143-215.1(a)(2) pursuant to the authority
delegated to me by North Carolina Environmental Management Commission Regulation
15 NCAC 2J.0003 and G.S. 143-215.6A(h).
If the aforementioned application is not received by the Division of Water Quality
Compliance Group office at the letterhead address within 10 days of your receipt of this
notice, you will be subject to further civil penalties of up to $10,000 for each day that the
application is late.
Within thirty.days receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment, Health, and
Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose enforcement action for any continuing or new violation(s). Please submit
payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
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 -282.1(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 W. Tedder

Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
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
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611
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. Shannon Langley at [phone],
extension 581 or Katharine Keaton at [phone], extension 532.
Sincerely,
AWA. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Fayettevdle=Regional-Supervisor w/_attachments=—'
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

f
STATE OF NORTH CAROLINA ENVIRONWENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Havin; been assessed civil penalties totalling 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
ADDRESS
TELEPHONE
SIGNATURE
19

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Water Quality
Non -Discharge Permit Application Form / Survey
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Liquid Animal Waste Operations
The following questions have been completed utilizing information on file with the
Division. Please review the information for completeness. and make any corrections
«-hick are appropriate. If a question has not been completed by the Division, please
complete as best as possible. Do not leave any question unanswered.
Application Date:
I. REQUIRED ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
Anolicants Initials
1. One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
2. Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is disposed;
3. Two copies of the Certified Animal Waste ivtanagement Plan (CAWMP). If the facility does
not have a CAWMP, one must be completed prior to submittal of a general permit application
for animal waste operations.
II. GENERAL INFORMATION:
1. Faun's name: Bobcat Faun_
2. Print Land Owner's name: Henry Moore Jr. -
3. Land Owner's Mailing address: PO Bqx 7
City: _Clinton NC Zip: 28328
Telephone Number: 914-542-3794
4. County where farm is located: Sampson
5. Farm Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy
of a county roadmap with the location of the farm identified): ,HerjinQ Rd, 701 tq_Pelway turn right Ist crossroad tym left
go about I mile on right about l mile off mad.
6. Print Farm Manager's name (if different from Land Owner):
7. Lessee's / Integrator's name (if applicable, please circle which type is listed): C Foods Inc
82-315
FORM: AWO-G-E 2126/97 Page 1 of 3

f
III. OPERATION INFORMATION: }
. Farm No.: 82-315
2. Operation Description: Swine operation
Farrow to Wean
4800 - Certified Design Capacity
Is the above information correct?yes; no. If no, correct below using the design capacity of the facility
Tvue of Swine t1o. of Animals Type of Poultry No. of :Animals Tvl2eofCattle No. of Animals
0 Wean to Feeder 0 Layer 0 Dairy
0 Feeder to Finish 0 Non -Layer 0 Beef
0 Farrow to Wean (# sow) 0 Turkey _
0 Farrow to Feeder (# sow)
0 Farrow to Finish (# sow)
Other Type of Livestock on the farm: No. of Animals: -
3. Acreage cleared and available for application: 103 ; Required Acreage (as listed in the CANVI !P): 93
4. Number of Lagoons: 2 ; Total Capacity: 3034770 Cubic Feet (ft3)
Number of Storage Ponds: ; Total Capacity: Cubic Feet (ft3)
5_ Is animal waste being applied on any field which has subsurface drains? YES or NO (please circle one)
6. Are subsurface drains present in the vicinity of or under the lagoon? YES or NO (please circle one)
IV. APPLICANT'S CERTIFICATION:
1, (Land Owner's name listed in question II.2), attest that
this application for (Farm name listed in question II.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required pans of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned to me as incomplete.
Signature
Date
V. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner)
I. _ _ (Manager's name listed in question 1I.6), attest that this
application for (Farm name listed in question 11. 1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned as incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: [phone]
FORyI: AWO-G-E 2126197 Page 2 of 3