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Home My WebLink About820323_ENFORCEMENT_20171231NORTH CAROLINA .� Department of Environmental Qua! f � ryly� } .WAYNE MCDEv= 'lr (t t NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 4, 1998 CERTIFIED MAIL RETURN tRECE[P1 REQUESTED Mr. Stacy Moore 2317 Moores Bridge Road Rose Hill, NC 28458 SUBJECT: NOTICE OF DEFICIENCY John Hendrix Swine Facility Registration No. 82-323 Sampson County Dear Mr. Moore: On October 16, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the John Hendrix swine facility. It was observed that the lagoon level was less than the required freeboard per your certified animal waste management plan. In addition, the bermuda waste application fields had a poor to non-existent stand in some areas and the fescue fields had a thin stand in several areas. In regard to the deficiencies noted during the inspection, the following actions are requested: 1, Consult with a technical specialist for assistance in regard to the possible options available to improve the bermuda crop and or if resprigging is necessary. The fescue spray fields should be evaluated for possible reseeding this fall. 2. Lower the lagoon level to the required depth on a suitable crop as soon as weather permits . 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486.1541 FAX 910-406-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I 0% POST -CONSUMER PAPER Mr. Moore Page 2 October 4, 1998 Please notify this office on or before December 4, 1998 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. If you have any questions concerning this matter, please call Robert Heath, at (910) 486- 1541. Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. MRCS a�y�� { R CDENR . JAMES B. HuNT JR "w` h'xti' ' GOVERNOR 'R Y•. WAYN E MCDEVIT'f SECRIMARY ., ``Y �- roc• � r. _� i''' �,*. t .' I_ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 1, 1999 "WIM121:1i u 3.-1. me MJ_ Mr. John Hendrix 1585 Register Sutton Road Rose Hill, NC 28459 Subject: Notice of Violation Administrative Code 15A NCAC 2H .0217 John Hendrix Swine Farm Facility No. 82-323 Sampson County Dear Mr. Hendrix: You are hereby notified that, having been deemed 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 January 28, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a follow-up inspection of your swine farm located off SR1004 in Sampson County, to determine if corrections had been made to your facility for deficiencies noted in a Notice issued 11/4/98, attached. The inspection revealed that the lagoon did not have the required freeboard (approximately 17 inches). This office is hereby issuing this Notice of Violation due to the repetitive nature of this deficiency. Further investigation identified that the irrigation equipment did not appear adequate to properly cover the waste application fields. 225 GREEN[ STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 91 0-486-1541 FAX 91 O-4B6-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE93/10% P08T-CONSUMER PAPER Mr. Hendrix February 1, 1999 Page 2 The Division of Water Quality requests that the following items be addressed: Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits. 2. Contact a technical specialist with the required WA designation to conduct an evaluation of the irrigation system to determine if adequate for the acres in the CAWMP . 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 $10,000.00 per day per violation. Please provide a written response to this office on or before February 28, 1999, regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486- 1541. Sincerely, X'14- Paul E. Rawls Regional Water Quality Supervisor cc: Sue Homewood - Compliance Group Wilson Spencer - Sampson Co. MRCS Audrey Oxendine - DSWC Fayetteville Office Alfred Smith - Garland Farm Supply Central Files - Raleigh Stacy Moore NORTH CAROLINA DEPARTMENT OF r - ENVIRONMENT AND NATURAL RESOURCES L FAYETTEVILLE REGIONAL OFFICE K�,1D FAR DIVISION OF WATER QUALITY = November 4, 1998 -DAMES B.#'111NTJR. ' t. GPVERN°« !CERTIFIED MAIM r' RETURN RECEIPT REQUESTED ` Mr. Stacy Moore wAYNE Mcasvlsr ' SECRiTARr _ 2317 Moores Bridge Road Rose Hill, NC 28458 , .- SUBJECT: NOTICE OF DEFICIENCY John Hendrix Swine Facility Registration No. 82-323 ; Sampson County Dear Mr. Moore: On October 16, 1998, staff from the Fayette Regional Office of the Di%ision of Water Quality inspected the John Hendrix swine facility. It was ` observed that the lagoon level was less than the required freeboard per your certified animal waste management plan. In addition, the Bermuda waste {. application fields had a poor to non-existent stand in some areas and the fescue fields had a thin stand in several areas. In regard to the deficiencies noted during the inspection, the following actions are requested: ~� 1. Consult with a technical specialist for assistance in regard to the possible options available to improve the beimuda crop and or if - - resprigging is necessary. The fescue spray fields should be evaluated _— - - - for possible reseeding this fall. 2. Lower the lagoon level to the required depth on a suitable crop as soon as weather permits. ,1 225 GREEN STREET, SUITE 714. FAYETTEVILLE, NORTH CAROLINA 29301-5043 PHONE 910-466-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY IAIIIRMATIVE ACTION EMPLOYER - 50% RECYCLEC/10% POST -CONSUMER PAPER Mr. Moore Page 2 October 4, 1998 Please notify this office on or before December 4, 1998 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. If you have any questions concerning this matter, please call Robert Heath, at (910) 486- 1541. Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. NRCS Division of Soil and Water Conservation ❑ Other Agency 0 Division of Water Quality W Routine O Complaint O Follo►ti--up of I)ll'O inspc<titin 0 Follow --up of I?SWC review O Other Dale of Inspection Facility Number Time of Inspection 24 hr. (hh:mm) Q Registered IRCert/ified 0 Applied/for Permit 0 Permitted No t ot O erational Date Last Operated: Farm Name:_ ..... �1•P�''...?Ie�xf.A'L'„„ _. County:.....'y' ..10!`%.... .. .... „ _. „ .„... Ommer Name: .....—....� '.` .. f � -�' �F1Y „.. _..... .. _ ... Phone No:_.:..�....„ ... _ ._ ....„. Facility Contact: /�....._..� ._..... Title:... _... ......„„„ ., .. _ _ ... Phone No: .•--?...-?-?a Mailing Address: „...... �.....+ .. 1v ..... _ ...... OnsiteRepresentative: ,f! ... .... Integratur:.�/�"ifI ............ ...—............ Certified Operator:_..! ...... .AM- .. L----___-----.---•------- „..-.--•-.-- . Operator Certification Number,...'�'�_ .t _..... Location of Farm: p_ _ Latitude 4 Longitude • f 44 Design.. ' Current Design Current Capacity Population Poultry Capacity Population' Cattle ❑ Wean to Feeder Feeder to Finish �O ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars ❑ Layer ❑ Dairy ❑ Non -Layer ❑Non -Dairy ❑ Other 'Total Design.Capacity G Total SSLW Design..,' Current <3 Capacity Population ,.-,, Number, of Lagoons / Holding Ponds ❑ tiuhsurface Drains Present ❑ Lagoon Area JO Spray Field Area 3z• G. n No Liquid Wasle'1lanagement S)'stem General 1. Are there any buffers that need maintenance/improvement? ❑ Yes Wo 2. Is any discharge observed from any part of the operation? ❑ Yes KNo Discharge originated at: ❑ Lagoon ❑ Spray Feld ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes CKNo b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes No c. If discharge is observed, what is the estimated flow in gal/min? A%R d. Does discharge bypass a lagoon system? (if yes, notify DWQ) ❑ Yes PrNo 3. is there evidence of past discharge from any part of the operation? ❑ Yes 01740 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes KNo 5. Does any pan of the waste management system (other than lagoonsfholding ponds) require ❑ Yes �No mai ntenance/i mprovement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes #-No 7. Did the facility fail to have a certified operator in responsible charge? // % �J ❑ Yes O�No 7I25/47 2 17 /1'Ir t � Jiii�,� ,� z � A , / 1l C ot"> �� s ,facility Number: 8. Are there lagoons or storage ponds on site which need to be properly closed? Structu gE.fLagoonsjlolding Ponds Flush Pits, etc,) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 Structure 4 ❑ Yes XNo kyes b No Structure 5 Structure 6 Identifier. Freeboard (fr): .......—.T.�! ..... _.....� W.....�._......... _............. �...._....._..�...............�...............�.............. _....._....�......... 10. Is seepage observed from any of the structures? ❑ Yes VNo 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes PRNo 12. Do any of the structures need maintenancelimprovement? ❑ Yes N No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes No Waste Application ' 14. Is there physical evidence of over application? ❑ Yes No 15. (If in excess of WMP, or runoff entering waters of the State, notify DWQ) Crop type . P ..,r.i.... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? Oyes No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes No 18. Does the receiving crop need improvement? A, -Yes ❑ No 19. Is there a lack of available waste application equipment? ❑ Yes �No 20. Does facility require a follow-up visit by same agency? ❑ Yes�No 21, Did Reviewer/Inspector fail to discuss reviewlnspection with on -site representative? ❑ Yes elk-, 22. Does record keeping need improvement? ❑ Yes AN For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes Awo 24. Were any additional problers noted which cause noncompliance of the Certified AWMP? ❑ Yes o 25. Were any additional problems noted which cause noncompliance of the Permit? ❑Yes ❑ No.violations or deitciencies were noted during this -visit'.. You.lti'liil receive no further : correst: pondence about this* :: : Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.* Use dp' i%ings of facility to better explain siluations..(use additional pages as necessary): . 40 7 7/25/97 RECEAIZD FEB 17 1999 rY1e rc9eee T%1 a eve aodel- -ied �it9�siuP�n. /4w - 9. Microbac Laboratories, Inc. FAYETTEVILLE DIVISION 817 CASTLE RAYNE STREET FAYETTEVILLE, NC 28303 (910) 864-1920 / (910) 864-8774 (FAX) AIR • FUEL WATER • FOOD CERTIFICATE OF ANALYSIS CLIENT: NC DEHNR ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. R. Heath ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Upstream - ID #99WU63616 2'. Downstream - ID #99WE63617 3. 4. NC #11 NC #37714 USDA #3787 • WASTES CERT #26687 DATE REC'D: 06/01/99 SAMPLED: 06/01/99 SAMPLED BY: R. Heath DELIVERED BY: R. Heath SAMPLE CODE: Stream, Grab REFERENCE: Hendrix Farm DATA REVIEWED BY: DATE REPORTED: 06/02/99 ANALYSIS ILVHOD 1 2 3 4 COLIFORM, FECAL (per 100 ml) SM18 9222D 16000 4000 CAS: < = Less than > = Greater than PAGE 1 OF 1 RECOVED JUN 0 9 1999 FAYETTEVILLE REG. OFFICE The data and other hrtormadon wMeined on this. and other accompanying dowments. represent only the sampla(s) analyzed and Is MEMBER rendered upon the am chon that tt is not to be reproduced whpuy or in part for Wvertising or other purposes without written approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consutling Chemical and Ncrobiobgical Analyses and Research Microbac Laboratories, Inc. FAYETTEVILLE DIVIwION tic #11 317 CASTLE RAYNE STREET NC #37714 FK(ETTEVI:LLE, NC 28303 USDA #3787 (910) f1f4-1920 / (910) 864-f3774 (FAX) . AIR . FUEL , • . WATER . • FOOD • WASTES f CERTIFICATE OF ANALYSIS=ER'T #26687 CLIENT: NC DEHIJR DATE REC'D: 06/01/99 SAMPLED: 06/01/99 ADDRESS: Wachovia Building, Santa 714 SAMPLED B : R. Heath Fayetteville, 11C 26301 DELIVERtD*BY: R. Heath CONTACT PERSON: Mr. R. Heath SAMPLE CODE: Stream, Grab ACCOUNT NUMBER: WN003 s REF5RFNCE:- Hendz 3-n Farm, r t 4 .� r '?'.�. SAMPL9 lb: 1. Upstreait - TD #99WU63615 2. Downstream - ID #f:99WE63617 3. 4. DATA REVIEWED BY: DATE REPORTED: Unf02l59 ++.}k++++•}+}+++}+'*+++}r!}+}-}.+++4+++.F}+++b-}}}+is4i'}+f+ii44+4}+i}4.3f it+4+6 0:*4+i}44}+t•+-A+ ANALYSIS' METHOD - 1 2 3 4 ++4i F+*}+++++•}ir#'k*14-**-A**4-1e},i+vhi•#.;.•k+#•*+FA,Mr,kr+i},tr++ti`,r�•Ai+Ir#}+}�4 COLIFORM, F9CAL .(PGZ 100 MI) S1418 9222D 16000 4000 4 COONS: < = Les: than . J f. 6 Y a I F r s 1 1. _ i � • • � I R E C E I JUN 0 9 1999 FAY--TTEVILLE s REG. OFFICE PAGE I. OF 1 The dam tend ottwr lntorrrwfboe contained on this, anti other scoomparryhap doouffm . represent only the Sample(s) analyzed and is rendered upon the oor45on Vtat tt is not to be reprodeood whony or in part for advertising or other purposes without written approval from the laboratory. USDA-EPA-NlOSH Tedng Food San%3tkm Consutng Chemical and Microbiological Analyses and Research MEMBER NORTH GAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE 1XVIISION OF WATIaR QUALITY March 14, 2000 CER MD MAIL RETURN RECEIPT R.EQ>ETESTED Mr. John Hendrix 1585 Register Sutton Road Rose dill, NC 28458 SUBJECT: NOTICE AE VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820323 John Hendry Farm Facility No. 82 - 323 Sampson County Dear Mr. Hendrix: 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 1, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed a follow-up inspection of your swine farm located off SR1004 in Sampson County to determine if the lagoon level was being maintained as specified in your CAWMP. The inspection revealed that the lagoon did not have the required 19 itches of freeboard (approximately 14 inches). Further investigation revealed a discharge pipe was blocked resulting in «a:te. leaking frr;ns thC, rear ;1f the Ni'diri`! and entering a diversion ditch which discharged into a farm ditch through an underground pipe_ This Glitch carried the ivaste to a trih,11 ary of Six Rzjss Cr_ ek which is Class "C SW' waters. The inspector notified Mr. Stacy Madre and requested that the ditch be blocked and began recovery with a nump an(l removed the blockage from the discharge pipe. The Division of Water Quality requests that the following items be addressed: I . Provide a detailed explanation as to why the runoff from the barn occurred. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301.5043 PHONE 91 0-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RE=CYCLE0/10% POST -CONSUMER PAPER Page 2 - John Hendrix Farm March 14, 2000 2. Inspect and repair the discharge pipe from the building to the lagoon to ensure that future discharges of this nature do not recur. 3. Immediately evaluate and determine what corrective actions can be implemented to prevent ater from entering the ditch adjacent to the barns in the future. Failure to comply with the above conditions ma;, resin" in the taru�: �'; r n-se rev,O;ed ht- nu rt-ginred to nhta;n �!n individual non -discharge permit for the facility. Please be advised that this notice does not prevent. the Vh_vi.,!nrnt `�'t•t� _ ';�:=�';!� • • •• • • , .�.i �, J e- fc r�PrEe.t�t actions for this violation car any past or fitture violation. Furthermore; the Division of Water Quality has the authority to levy a civil penalty of not I_nre than IS S_.000 00 d;!y n,;^.r violation. You are hereby notified that based on the above information the J V the Division of Water Quality has no choice but to consider sending recommendations for enforcement action to the Director of the Division of Water Ounli« the"ViC'ikiti('iT� rat North( `.arnlm3 �,�enerai Statute -143-21 S,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 March 24, 2000. A copy of this response will also -, ecd to he- subE nocd to t "_ 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 John Hendrix Farm March 14, 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. jr f cr- 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 Alford Smith - Garland Farm Supply Stacy Moore May 8, 2003 To Alan W. Klimek, P.E. In response to the Notice of Violation for inadequate freeboard, I have currently gotten all my lagoons down to an acceptable level. Following the regulations set forth in my permit, when my lagoons reached a level above 19", I contacted your office to report this violation while at the same time setting up my irrigation system so I could pump as soon as the rain stopped and the fields allowed the application. I feel I followed the rules and regulations set upon me as owner of a swine facility. I do not foresee my lagoon levels rising above the cut off level again, but just in case we do have another heavy rain event, I intend to keep my lagoons down to a manageable level. - Thank you for taking my statement into consideration. Sinc7 erei , /YCutt ervie S. Facility Numbers: Owner 82-276 Lease 82-323 o��F WA tER pG Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED John Hendrix 145 Register -Sutton Road Rose Hill NC 28458 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard John Hendrix #82-323 Sampson County Dear Sir or Madam: E) F I 1 � MAY r; 9 2003 MYQ On April 10, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on March 10, 1999. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal NCDENR Customer Service: Mailing Address: telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier 952-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 109b post -consumer paper h ttp1/h2o. enr, sfa te. nc_ us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, - and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter_ Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at (910) 485--1541. Sincerely, Alan W. Klimek, P.E. Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files IN o�oF WArFRQG Michael F. Easley, Governor William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources 7 Alan W. Klimek, P.E. Director Division of Water Quality August 25, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED John Hendrix 145 Register -Sutton Road Rose Hill, NC 28458 Subject: Inadequate Freeboard No Further Action John Hendrix 82-323 Sampson County Dear Sir or Madam.: Thank you for your recent submittal of the information requested in our letter dated April 16, 2003. The Fayetteville Regional Office has determined that no further enforcement actions will be taken by the Division for the inadequate freeboard. However, upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that an NOV is appropriate due to poor operation and management. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Customer Service: Mailing Address: Telephone: (919) 733-5083 1 800 623-7748 1617 Mali Service Center Fax: (919) 733-0059 Raleigh, NC 27699-1617 State Courier #52-01-01 An Equal Opportunity 1 Affirmative Action Employer 50% recycled 1 10% post -consumer paper http:llh2o.enr.state.nc.us JMVA NC IEN Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 A�1 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. S* ly Paul E. RawIs Water Quality Regional Supervisor cc. FRO File. 82-323 Non -Discharge Compliance and Enforcement Unit DWQ Central Files 1 V of A rF9 • �O1� QG r 0 i August 16, 2005 CERTIFIED MAIL 7001 2510 0003 8088 9398 RETURN RECEIPT REQUESTED John Hendrix, Hervie Honeycutt John Hendrix Farm 145 Register -Sutton Road Rose -Hill, NC 28458 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H -0217 John Hendrix Farms Facility No. 82-323 Sampson County Dear Mr. Hendrix, Michael F. Easley, Governor William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H -0217, you have been found to be in violation of your 2H.0217 Permit. Violation 1: Failure to have a valid certified animal waste management system operator (OIC). (Permit Number AWG 100000 Condition 11.15.) Mr. Hervie Honeycutt's Operator Certification Number AW 19078 has been invalid since 111/2004. Corrective Action for Violation I: Within 30 days please obtain a certified Operator In Charge (OIC). Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation- Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either Mr. William Shanahan, Environmental Specialist, or myself at (910) 486-1541, Sincere r 9 S ephen hardt Regional A fifer Protection Supervisor cc: Keith I_arick - Compliance Group Sampson County NRCS Trent Allen — SWC, FRO Central Files - Raleigh IVY z�th Carnlina �atura!!� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 2 7099-1fit 7 Phone (919) 733-7015 Customer Service Internet: h2o.enrstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-977-623-6748 An Equal Opportunq/Affirma&e Action Employer — 5(r/. Recycled110% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 22, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED John Hendrix, Hervie Honeycutt John Hendrix Farm 145 Register -Sutton Road Rose -Hill, NC 28458 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H .0217 John Hendrix Farms Facility No_ 82-323 Sampson County Dear Mr_ Hendrix, You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H _0217, you have been found to be in violation of your 2H.0217 Permit_ Violation 1: Failure to take weekly freeboard levels. (Permit Number AWG 100000 Condition 111.2a_) It was noted during a routine compliance inspection performed on 7-13-05 that weekly freeboard levels were not being kept. Corrective Action for Violation 1: Please record weekly lagoon levels on forms supplied by or approved by the Division of Water Quality. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation_ If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark Brantley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, Stephen A. Barnhardt Regional Aquifer Protection Supervisor cc: Keith Larick - Compliance Group Sampson County NRCS Trent Allen — SWC, FRO Central Files - Raleigh l�One Carolina �turrr!!� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Custorner Service Internet h2o.enr.state.m.us 512 N. SaLisbury St. Raleigh, NC 27604 FAX (919► 733-2496 1-877-623-6749 An Equal OpportunitylAtftrmative Action Employer — 50% Recycled)10% Post Consumer Paper r Michael E. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Rater Quality July 22, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED John Hendrix, Hervie Honeycutt John Hendrix Farm 145 Register -Sutton Road Rose -Hill, NC 28458 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H .0217 John Hendrix Farms Facility No. 82-323 Sampson County Dear Mr. Hendrix, You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H -0217, you have been found to be in violation of your 2H.0217 Permit, Violation 1: Failure to take weekly freeboard levels. (Permit Number AWG 100000 Condition 111.2a.) It was noted during a routine compliance inspection performed on 7-13-05 that weekly freeboard levels were not being kept_ Corrective Action for Violation I: Please record weekly lagoon levels on forms supplied by or approved by the Division of Water Quality. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation, If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark Brantley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, A A.y'll Ste e - Barnhardt Regional Aquifer Protection Supervisor cc: Keith Larick - Compliance Group Sampson County NRCS Trent Allen — SWC, FRO Central Files - Raleigh NonttCarolina AArttura!!y North Carolina Division of Water Quality 1017 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet h2o.enr.state.oe.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal OpportunitylAifirmative Action Employer — 5046 Recycled/100% Post Consumer Paper 01 G -�L- f G co Michael F, Easley Governor William G. Ross Jr., Secretary CD. Department of Environment and Natural Resources Alan W. Klimek, P.E- Director Division of Water Quality September 19, 2002 MR JOHN HENDRIX JOHN 14ENDRIX FARM 145 REGISTER-SUTTON ROAD ROSE HILL NC 28458 SUBJECT: Dear Mr- Hendrix: I iSEP 2 0 2002 i V Acknowledgment Receipt Letter Farm # 82-323 Case DV 00-028 Sampson County This letter is to acknowledge receipt of your check # 3822 in the amount of S2,449.62, received on August 17, 2002. This payment satisfies in full the civil assessment in the amount of $4,949.62 levied against John Hendrix Farm. and this enforcement case has been closed. Payment of these penalties in noway precludes further action by this Division for future violations. If you have any questions please call Steve Lewis at (919) 733-5083 ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance & Enforcement SL:sw cc: Fayetteville Regional Office Enforcement/Compliance Files # DV 00-028 Central Files AA NCDENR Customer Service: Mailing Address: Telephone (919) 733-5Oa3 Location: 1-677-623-6748 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 Opportunity/Affirmative Action Employer 50 ro recycled / 10% post -consumer paper h ttpJ/h2o. enr, s to te. nc. us ID ;E Case Numbel' 0 -Violator Address -Coul K V oil qk- -III, Ma�-[R W-la Am. Central C)ffice Contact 1p C onl- act nii;s nRe i��sf Lag gul 77L Total Ca S�L Pell a ltv mom, - A -IN 00 Comments t4' State of North Carolina Department of Environment and Natural Resources Division of Water Quality DENP ;. 'AUG 3 0 2001 vrj r Michael F. Easley, Governort� William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Mr. John Hendrix 145 Register -Sutton Road Rose Hill, NC 28458 Dear Mr- Hendrix: NCDENR NoRTFr C.'ARouNA DEPARTMENT of ENVIRONMENT AND NA uRAL PZSMRCES August 28, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Payment for Civil Penalty Case DV 00-028 Farm #82-323 Sampson County As you discussed recently with Jeff Poupart, the Division of Water Quality agrees to your request to pay the balance of your civil penalty in twelve months. We recently received your first payment of $2,500.00. The payment of the balance of $2,449.62 will be due on September 1, 2002. If you have any questions, please call Steve Lewis at (919) 733-5083, ext. 539 or Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Steve Lewis cc: rPaul-Rawls, Fayetteville Regional Supervisor Bob Heath, FRO File DV 00-028 Central Files 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 Opportunity /Affirmative .action Employer 50% ren-cled / 10% post -consumer paper http://h2o. enr.state. nc_ us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 State of North Carolina Department of Envirom and Natural Resources Division of Water Quality INH-Ff`1 LAU( 3 0 2001 Dk/VQ Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Mr. John Hendrix 145 Register -Sutton Road Rose Hill, NC 28458 Dear Mr. Hendrix: U 94 0 0 ,LA�__ NCDENR NoRTM CARouN^ DEPAFrrmEmr DF" ENVIRONMENT AND NAruRAL RE-oIJRCE5 August 28, 2001 CERTM ED MAIL RETURN RECEIPT REQUESTED RE: Payment for Civil Penalty Case DV 00-028 Farm #82-323 Sampson County As you discussed recently with Jeff Poupart, the Division of Water Quality agrees to your request to pay the balance of your civil penalty in twelve months. We recently received your first payment of S2,500-00. The payment of the balance of $2,449.62 will be due on -September 1, 2002. If you have any questions, please call Steve Lewis at (919) 733-5083, ext. 539 or Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Steve Lewis cc: Paul Rawls, Fayetteville Regional Supervisor R9o§ Heath,, FRO File DV 00-028 Central Files 1Vailing Address: Telephone (919) 733-5083 I617 Mail Service Center Fax (919) 733-0059 Raleieh. North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Affirmative Action Employer 50% recycled / 10% post -consumer paper http.11h2o.enr.state.nc.us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Michael F. Easley, Governor William G Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director August 29, 2001 MR JOHN HENDRIX JOHN HENDRIX FARM 145 REGISTER-SUTTON ROAD ROSE HILL NC 28458 D E N R DENR-FRO 'AUG 3 0 2001 Vll . SUBJECT: Acknowledgment receipt letter Civil Penalty Assessment of Violation Case DV 00-028 Farm # 82-323 Sampson County Dear Mr. Hendrix: This letter is to acknowledge receipt of your checks No. 3133 & 5064746 in the amount of S2.500.00 received on August 28. 2001. Payment of these penalties in noway precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Steve Lewis at (919) 733-5083, extension 539. Sincerely. �1 Jeff Poupart, Supervisor Non -Discharge Compliance/Enforcement JP/tw cc: Fayetteville Regional Office Enforcement File # DV 00-028 Central Files 1617 Mail Service Center Raleigh NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmalive Action Employer 501% recycled/ 10% post -consumer paper SlAh IV 2001 DWQ State of North Carolina ROY COOPER Dei7i1rSr71eril of-luslice 1,TTO NEE GENERAL P. O. Box 629 RP.LEIGH 7G02-o629 April 25, 2001 David H. Moreau, Ph.D., Chairman Environmental Management Commission c/o Jennie Odette Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re. Hendrix v. DENR (00 EHR 0966) Dear Dr. Moreau: Reply to: Edwin Lee Gavin Il Environmental Division Tel: 919/716-6964 Fax: 919n 16-6767 egavin u@mail jus.stale.nc.us My client, the Division of Water Quality, has authorized me to inform you that it makes no exception to the recommended decision of the Administrative Law Judge in this contested case. However, and in the event that Mr. Hendrix should choose to file or argue exceptions, I do wish to reserve the right to appear and make oral argument at the Commission's July meeting. cc Francis W. Crawley, Esq. John Hendrix Very truly yours, C7 ovvv� Edwin Lee Gavin II Assistant Attorney General David H. Moreau, Ph.D., Chairman April 25, 2001 Page 2 bee Steve Lewis Paul Rawls 47854 MICHAEL F. EASLEY ATTORNEY GENERAL• TO: FROINI: DATE: RE: RECEIVED AUG 14 2000 FAME rMV#LLE REG. OFFICE State of North Carolina Department of .justice P. O. BOX 629 RALEIGH 27602-0629 MEMORANDUM Reply to: Mary Penny Thompson Environmental Division Tel: (919) 716.6600 Fax; (919) 716-0766 mthomp'almaiI jus. state. oc.us Tommy Stevens. Water Quality Director Paul Rawls, Fayetteville Water Quality Regional Supervisor pAobert F. Heath, Environmental Specialist, II Mare Penny Thompson, Assistant Attorney Genera August 10, 2000 Civil Penalty Assessment Appeal by John P. Hendrix, Sampson County, DV-00--25, 00-EHR-0966 Please note that I have been assigned to handle the Civil Penalty Assessment appeal by John P. Hendrix_ This matter involves the assessment of civil penalties against Petitioner for violations the water quality statute and rules as well as the General Permit 9 AWG 100000 which arose from Petitioner's discharge of wastewater from a hog barn to a diversion ditch. The diversion ditch discharged wasewater into a farm ditch through an underground pipe. The farm ditch flowed to an unnamed tributary to Sic Runs Creek, which are Class C Swamp waters of the State within the Cape Fear River Basin. I will need to begin preparing our case as soon as possible. Please review the important dates listed below and provide me with the requested information by fax (if feasible) as well as a clean copy by mail. August 10, 2000. Prehearing Statements and Document Constituting Agency Action due to be fled with OAH. I have a copy of the civil penalty assessment document, the assessment factors. and the enforcement package. I also need a copy of the permit. Please send a list of everyone who participated in the assessment, and any additional materials you feel will be relevant at hearing by August 16, 2000. September 25, 2000 Discover), must be sent to Petitioner to give us enough time to receive answers prior to hearing. Week Beginning November 13, 2000 Hearing set in Fayetteville, NC with Beryl E. Wade, Administrative Law Judge presiding. August 10, 2000 Page 2 If you have any questions or comments regarding this case, please do not hesitate to call me at my direct line number: (919) 716-6969, cc: Coleen Sullins Steve Lewis Shannon Langley TO: Shannon Langley /Paul Rawls, Fa etteVille Regional Office FROM: Janet D. Leacl�W ftworanalaw SUBJECT: NOTICE TO DWQ OF PETITION FOR A CONTESTED CASE HEARING DATE: August 5. 2000 COUNTY OF SAMSON .JOHN P. HENDRIX V NCDENR The petition for the above case was recently forwarded to this office from OAI-I. The attorney representing the state in this matter is Mary Penny Thompson. The hearing is scheduled for the week of November 13, 2000. In the event the case is not settled before the above mentioned hearing date. we will be gathering information to prepare for the court date. This information will include, but is not limited to the CPA, permit, all documentation leading up to the issuance of the CPA or information concerning the permit, photos, correspondence and a list of witnesses. If this documentation is routed through your office to someone else, please have that person contact me immediately so that I will know who to communicate with for further information concerning this case. Thank you for your cooperation in this matter. cc: Tommy Stevens Coleen Sullins FE E-k'_ . FAUG - - g 2000 FAYETTOJILLE REG. OFriC Reply to: Janet 1). Leach. Paralegal State of -North Carolina Attomev General's Office Environmental Division Tel: (919) 716-69=48 Fax: (919) 716-6766 Mailed to Petitioner 6128104 PLEASE PRINT CLEARLY OR TYPE STATE OF NORTH CAROLINA COUNTY OF (1) AJ (2) UQ/7-►J 7" 116WD/v ) (your name) PETITIONER, ) } V. ) (3) r . T�Je�JT O ill i r�letj :,' l "Al fe C S RESPONDENT. ) (The State agency or board about %vhich you are complaining) ) IN THE OFFICE OF ADMINISTRATIVE HEARINGS . RECEIVED OFFICE OF CLft-RAL CO'BSEL PETITION JUL 6 2000 FOR A CONTESTED CASE HEARING ENVIRONMENT HEALTH A D NATURAL RESOURCES I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 15OB-23 because the Respondent has: (Briefly state facts showing how you believe you have been harmed by the State agency or board.) (jGilr'j (If more space is needed, attach additional pages.) ce t47TO I CC (4) Because of these facts, the State agency or board has: (check at least one from each column) �nv►for��>� A� deprived me of property; exceeded its authority jurisdiction; io I'1 1:Llordered me to pay a fine or civil penalty; or [-acted erroneously; otherwise substantially prejudiced my rights; AND failed to use proper procedure: acted arbitrarily or capriciously; or failed to act as required by law or rule- (5) Date: //11 (6) Your phone number::�(1/0) /3�,Z— 23/+ (7) Print your full address: �'I{S e cif �'` J#0-0 t4i`ti/� . C.., . tQ (9) Print your name: (9) Your signature: _ 'Ai You must mail or del➢refa COPY of this Petition to the State agency or board named an line (3) of this form. You should contact the agency or board to determine the name of the person to be served_ CERTIFICATE OF SERVICE I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service with sufficient postage affixed OR /by delivering it to the named agency or board: (10) .t J 4 • 4/ J'6'a"'U 11 (name o�f °n�e-�j�� f � (state agcn or board listed on line 3 (12) /�O!_ W.- C1i✓!Ce — 4- A414 . Al •7- -- 2- — Q�--/60,/ - — (street address/p.o. box) { 13) This the {14} rl •. • (your signature) (state) (zip code) When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. H-06 (11 /99) TO: Shannon Langley, Archdale ,,-Paul Rawls. Fayetteville Re4gional Office FROM: Janet D. Leach:::)v Memorandum SUBJECT: NOTICE TO DWQ OF PETITION FOR A CONTESTED CASE HEARING DATE: August 5, 2000 COUNTY OF SAMPSON AMERICAN CANOE ASSOCIATION, PROFESSIONAL PADDLESPORTS ASS., CONSERVATION COUNCI L OF NC. V NCDENR The petition for the above case was recently forwarded to this office from OAH. The attorney representing the state in this matter is Mary Dee Carraway The hearing is scheduled for the week of November 13, 2000. In the event the case is not settled before the above mentioned hearing date, we will be gathering information to prepare for the court date_ This information will include, but is not limited to the CPA. permit, all documentation leading up to the issuance of the CPA or information concerning the permit,, photos; correspondence and a list of witnesses. If this documentation is routed through your office to someone else, please have that person contact me immediately so that I will know who to communicate with for further information concerning this case. Thank you for your cooperation in this matter. cc: Tommy Stevens Coleen Sullins Reply to: Janct D. Leach. Paralegal State of North Carolina Attorney General's Office Environmental Division Te17 (919) 716-6948 Fax: (919) 716-6706 / 'V28/2000 16.47 919-733-3478 NC OFFICE ADMIN TEAR 02 P1 L.CF Ppza r1 F!PTY fly 7%rpF Si A, c Of tiQ;LTm CAROLINA fN THE OFFICE OF COUNT' OF (1) SAMPSON ADKNISTRATIVE KEf i rNGS - C)h r- h r" i 1) U (D (z) AhZR1CAr CANOE ASSOCIATION,) , ) PROFESSIONAL PADDLESPORTS A55JC., (yo-sf mart, PETI II NEIL ) Conservation Council of N.C. } PrTITIO., r ) FOR a Department of E viroTizent and CONTESTED CASE HEARJNG Natural Resources � [7he U-a. a-.Ce tr aootd about dhich you an conmbimng) ) t++ i hmby :st for a canwout rise lmraac as ptavidcd rW by Noah Cnroiias Gmtral 5teaae 51SOB-33 bran, oodc,t ias� 18ndty 0= face daawn Rod you Wm%x you have bean bnv=d by its Start agmcy or bawd.T'n X: r Issued N-PDES Permit NC00866i4 to DM Farms which will Sito urahibit and protect against discharges as re uir the Clean Wares: Act. Petitioners use the waters affecte ,! P dxsrhargeJr from this facilitg. � _ _ _ � Q 1`1 Ln l� aaR � ;: a� sad;::�a1 p$�•1 14) 5esaasc of arrse ft= th= Saar gwvy or i W bw-. (� = L=P aoe ea,6 —6—) dspri-4 N. of P—F-. I CxCwdCd in &Uthoray or nelyda[tiauc ord=ad rtac w pay o Fine or nri! paaily: or a�7ed eRaaeae¢!y, "i lly preIuti6.d my rtrtt_ AND-„_fliw to ti p*ape* atzed arbiartr+l. or or � failt� m ntt as +�lairod by iaw � rl� 131 bale 712010o b1 Yaur pba.a£tsumbccr. (202) 682-2100 (7)Prur..,-jtttut:=kI:-ec 1121 12rb St., N.1,1-, Wazhz mgton, D.C. _20005 LLP fo) Yawt .;gra*,avr=;_ You mun rani: ar deltw a CO'Y ad thelle> tiw, ro = S= np-y ar Loar! nzmW oo fiat 131 of ds S farm. Ysot should tea = = =g=kcy at b=d to rims,,, The etc a: the p=xm to be asrred. CERT1fICATE Of 5_RVICf territy ttn; xOn Pemwc Jia bem swvcd w or Start gTty or booa3 fwmw Wow by ekpoaa'ir� z capy of h w1h the 11nmaJ Sasu Poly Sera= mi& stalrkivat post,;, ofrircril OR by d-Wvmng it m rhr raaaQd as bparti Dave Goodrich, Supm visor Dept. o� nvalronment & Natural [to)_NPDES Group (11)__Diyision, cf'WaterQuality $`o tlei`i,NB1 (12) 617 *4aiTenice Center 117 1,uect".—p.a ku l { Iseset Istpemkt (A) 0 wv .foy of July 20 (14) — Whim vau :.3vr towkled this form. you MUST mail ar deliver me ORIGINAL AND ONE COPY To tht Oix}Q Of AAtml nktrzure Heaia;z. P.O. Drawn 77,147_ IbLtirh, NC 2761 ;-74a7_ i.OE n,r£I i 1l f Counsel, for Fet�.tioners i I Resources i J ( 1 r P Reply to: State of North Carolina Marl- Penny Thompson MICHAEL F. EASLEY Department of Justice Enviroamcntal Division Tel: (914) 716-6600 w77OHNEY GENERAL P. O. BOX Fi29 Far. (919) 716-6760 RALEIGH mthomp,cr mail.jus.state.nc.us 276502.06-39 MEMORANDUM TO: Tommy Stevens, Water Quality Director RECOVIE034 ✓Paul Rawls, Fayetteville Water Quality Regional Supervisor Robert F. Heath, Environmental Specialist, II 'AUG 1 12000 FROM: May Penny Thompson, Assistant Attorney Genera i FAYEi l OfILL EEG. 01=riC:- DATE: August 10, 2000 RE: Civil Penaltv Assessment Appeal by John P. Hendrix, Sampson County, DV-007-28, 00-EHR-0966 Please note that I have been assigned to handle the Civil Penalty Assessment appeal by John P- Hendrix. This matter involves the assessment of civil penalties against Petitioner for violations the water quality statute and rules as well as the General Permit # A WG 100000 which arose from Petitioner's discharge of wastewater from a hog barn to a diversion ditch. The diversion ditch discharged wasewater into a farm ditch through an underground pipe. The farm ditch flowed to an unnamed tributary to Six Runs Creek, which are Class C Swamp waters of the State within the Cape Fear River Basin. I will need to begin preparing our case as soon as possible. Please review the important dates listed below and provide me with the requested information by fax (if feasible) as well as a clean copy by mail. August 10, 2000. Prehearing Statements and Document Constituting Agency Action due to be tiled with OAH. I have a copy of the civil penalty assessment document, the assessment factors, and the enforcement package. I also need a copy of the permit. Please send a list of everyone who participated in the assessment, and any additional materials you feel will be relevant at hearing by August 16, 2000. September 25, 2000 Discovery must be sent to Petitioner to give us enough time to receive answers prior to hearing - Week Beginning November 13, 2000 Hearing set in Fayetteville, NC with Beryl E. Wade, Administrative Law Judge presiding. August 10, 2000 Page 2 If you have any questions or comments regarding this case, please do not hesitate to call me at my direct line number: (919) 716-6969. cc: Coleen Sullins Steve Lewis Shannon Langley State of North Carolina Department of EnvironmentRECEIV D and Natural Resources Division of Water Quality J UIN _ 1 2000 James B. Hunt, Jr., Governor RAYMEViLLE Bill Holman, Secretary REG. OFFICE Kerr T. Stevens, Director MR. JOHN HENDRIX 1585 REGISTER SUTTON RD. ROSE HILL, NC 28458 SUBJECT Dear Mr. Hendrix: NCDENR NORTH CAROL.INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 25, 2000 CERTIFIED MAIL RETURN RECEIPT REQESTED Assessment of Civil Penalties for Making an Outlet to Waters of the State without a Permit and Violations of General Permit Farm #82-323 Sampson County File No. DV 00-028 This letter transmits notice of a civil penalty assessed against the John Hendrix Farm in the amount of S6.449.62 including S449.62 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 waiverforin). 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 Ralcii=h. North Carolina 27699-1617 State Courier 452-0I-01 An Equal OpporturritY /Affirin[ttive Action Eurplorer 50% recYcled / 10% post -consumer duper hap://It 2o,enr.stute.rrr.us Location: 5 12 N. Salisbury St, Ralcieh, NC 27699-1617 Please submit payment to the attention of_ Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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. I43B-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. ylr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh. North Carolina 27699-1617 i' 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 orislinal 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- I 601 Failure to exercise one of the options above within thirtv 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 ATTAC MENTS cc: Reaional Supervisor w/ attachments 2"/ � , y w/ attachments A "` ,F-ile&No DVM:0 028.-w/attachments /�� Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO: Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 20 SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF JOHN HENDRIX FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND FOR VIOLATIONS OF CONDITIONS OF GENERAL PERMIT AWG 100000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DV 00-028 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following; I. FINDINGS OF FACT: A. John Hendrix owns the John Hendrix Farm, a swine animal operation located along SR 1004 in Sampson County. B. John Hendrix was issued Certificate of Coverage AWS820323 under General Permit AWG 100000 on and effective March M, 1999, with an expiration date of April 30, 2003. This permit does not allow the discharge of waste to waters of the State. 4 C. On February 1, 2000, DWQ staff observed a discharge of wastewater by the John Hendrix Farm from a hog barn to a diversion ditch. The diversion ditch discharged wastewater into a farm ditch through an underground pipe. The farm ditch flowed to an unnamed tributary to Six Runs Creek, which are Class C Swamp waters of the State within the Cape Fear River Basin. D. John Hendrix had no valid permit for discharging wastewater to the waters of the State. y E. Condition No. M. 6. g. of the "General Conditions" of the General Permit states in part that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any discharge that bypasses a laaoon/storage pond resulting in a discharge to surface waters. F. John Hendrix failed to notify DWQ of the discharge of wastewater within the required 24 hours after discovery. G. Condition No. V. 3. of the "General Conditions" of the General Permit requires that the maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). H. The CAWMP for the John Hendrix Farm requires that the waste level in the lagoon does not exceed twenty-four (24) inches. On February 1, 2000, DWQ staff observed that the waste level of the lagoon at the John Hendrix Farm was fourteen (14) inches which exceeded the level specified in the CAWMP. J. Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 3. of the General Permit. K. The Fayetteville Regional Office had not received notification from John Hendrix that the waste level exceeded the level specified in the CAWIVIP. L. The cost to the State of the enforcement procedures in this matter totaled S449.62. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. John Hendrix is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-2 12(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. An unnamed tributary to Six Runs Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constitutes malting 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. E. The above -cited failure to notify DWQ of a discharge within 24 hours of first knowledge constitutes a violation of Condition No. III. 6. g. of the General Permit. F. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP constitutes a violation of Condition No. V. 3. of the General Permit. G. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3. constitutes a violation of Condition No. III. 6. e. of the General Permit. H. John Hendrix 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 ($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. I. The State's enforcement costs in this matter may be assessed against John Hendrix pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8). J. 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, John Hendrix is hereby assessed a civil penalty of: rr) 0) S ` 30 _ o cn for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. S 1'000. cc) for violating Condition No. III. 6. g. of the General Permit by failing to notify DWQ of a discharge within 24 hours of first knowledge S SU o , o D for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP $ Soo . o o for violating Condition No. M. 6. e. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoonlstorage pond greater than or equal to that required in Condition No. V. 3 $ (,000. oo TOTAL CIVIL PENALTY, which is 15 percent of the maximum penalty authorized by G.S. 143-215.6A. $ 449.62 Enforcement costs TOTAL AMOUNT 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 around 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. S-:Z -a a a. - (Date) T Kerr T. Stevens, Director Division of Water Quality State of North Carolina Department of Environment and Natural Resources RECEIVED Division of Water Quality JUN 0 7 2000 James B. Hunt, Jr., Governor Bill Holman, Secretary BY• Kerr T. Stevens, Director MR. JOHN HENDRIX 1585 REGISTER SUTTON RD ROSE HILL, NC 28458 Dear Mr. Hendrix: CEIW V " J UN 1 6 2000 '! YY- MEVILLE REG. OFFICE SUBJECT AT WA NCDENR NORTH GAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 25, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Assessment of Civil Penalties for Making an Outlet to Waters of the State without a Permit and Violations of General Permit Farm #82-323 Sampson County File No. DV 00-028 This letter transmits notice of a civil penalty assessed against the John Hendrix Farm in the amount of S6,449.62 including S449.62 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 OpportunitrlAffirmativeAction EmploYer 501,7o recvcleell /0% post-consuincr paper httpalh 2u, enr-mae-uc. tr.c Location: 512 N. Salisbury St, Raleigh, NC 27699-1617 Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter_ Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G_S. I43B-282.I(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation: y (c) the violation was inadvertent or a result of an accident: (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 150E 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 thirtv 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: Rick Shiver, Wilmington Regional Supervisor w/ attachments �'��?t{II5 =W��fl BF�a�hII1�tS File No. DV 00-028 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments 5 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO_ ) STIPULATION OF FACTS FILE NO: Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of SIGNATURE I_ 091ON�f►`I�`� TELEPHONE .20 r STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF JOHN HENDRIX FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND FOR VIOLATIONS OF CONDITIONS OF GENERAL PERMIT AWG 100000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DV 00-028 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES 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_ FINDINGS OF FACT: A. John Hendrix owns the John Hendrix Farm, a swine animal operation located aloe; SR 1004 in Sampson County. B. John Hendrix was issued Certificate of Coverage AWS820323 under General Permit AWG 100000 on and effective March 10, 1999, 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 1, 2000, DWQ staff observed a discharge of wastewater by the John Hendrix Farm from a hog barn to a diversion ditch. The diversion ditch discharged wastewater into a farm ditch through an underground pipe. The farm ditch flowed to an unnamed tributary to Six Runs Creek, which are Class C Swamp waters of the State within the Cape Fear River Basin. D. John Hendrix had no valid permit for discharging wastewater to the waters of the State. if E. Condition No. M. 6. g. of the "General Conditions" of the General Permit states in part that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface waters. F. John Hendrix failed to notify DWQ of the discharge of wastewater within the required 24 hours after discovery. G. Condition No. V. 3. of the "General Conditions" of the General Permit requires that the maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). H. The CAWMP for the John Hendrix Farm requires that the waste level in the lagoon does not exceed twenty-four (24) inches. I. On February 1. 2000, DWQ staff observed that the waste level of the lagoon at the John Hendrix Farm was fourteen (14) inches which exceeded the level specified in the CAWMP. J. Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage ypond greater than or equal to that required in Condition V. 3. of the General Permit. K. The Fayetteville Regional Office had not received notification from John Hendrix that the waste level exceeded the level specified in the CAWMP. L. The cost to the State of the enforcement procedures in this matter totaled $449.62. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. John Hendrix is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. An unnamed tributary to Six Runs Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constitutes 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. f E. The above -cited failure to notify DWQ of a discharge within 24 hours of first knowledge constitutes a violation of Condition No. III. 6. g. of the General Permit. F. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP constitutes a violation of Condition No. V. 3. of the General Permit. G. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible. but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3. constitutes a violation of Condition No. M. 6. e. of the General Permit. H. John Hendrix 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 ($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. The State's enforcement costs in this matter may be assessed against John Hendrix pursuant to G_S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). J_ 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: DECISION: Accordingly, John Hendrix is hereby assessed a civil penalty of: o cz for making an outlet to the waters of the State without a permit as required by G.S. 143-215. I. S 1,400. O o for violating Condition No. III. 6. g. of the General Permit by failing to notify DWQ of a discharge within 24 hours of first knowledge for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP for violating Condition No. IN. 6. e. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following, first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 $ (0,000. o o TOTAL CIVIL PENALTY, which is 15 percent of the maximum penalty authorized by G.S. 143-215.6A. $ 449.62 Enforcement costs $ (.0 Li -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 listed in G.S. 14313-282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation, (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage: (5) The amount of money saved by noncompliance: (6) Whether the violation was committed willfully or intentionally: (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: (8) The cost to the State of the enforcement procedures. 9-:45-aa � (Date) Kerr T. Stevens, Director Division of Water Quality I- �c_c�� -- �-:;L-a . State of North Carolina Department of Environment and Natural Resources Division of Water Quality RECEIVED James B. Hunt, Jr., Governor JUN 0 7 2000 Bill Holman, Secretary BY: Kerr T. Stevens, Director MR. JOHN HENDRIX 1585 REGISTER SUTTON RD ROSE HILL, NC 28458 Dear Mr. Hendrix: RECEIy�� J'-l.11 y 2000 FOFFICE A G. IE "SUBJECT a --co / •s IL NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 25, 2000 CERTIFIED MAIL RETURN RECEIPT REOUESTED Assessment of Civil Penalties for Makin- an Outlet to Waters of the State without a Permit and Violations of General Permit Farm #82-323 Sampson County File No. DV 00-028 This letter transmits notice of a civil penalty assessed against the John Hendrix Farm in the amount of S6,449.62 including 5449.62 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 27699-1617State Courier #52-01-01 .-trr Ecputl Opportunity, l AJjirmative Action Fuaplcrrer 50%, rec_rcled l 10%, post-cnl silllwr Pape•- hrip:lllr 2n.enr.stale.nc•. us Lacalian: 512 N. Salisbury St. Ralei ,h, NC 27699-1617 Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 no 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. 4 Please submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-I617 W 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 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: &�ive- -V ili g�i�-Resional:Supervisor-w/ attsehrne- s Stonewall Mathis. WIRO w/ attachments File No. DV 00-028 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTTIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO. } STIPULATION OF FACTS FILE NO: Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, ,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. 11 This the day of , 20 SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF JOHN HENDRIX FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND FOR VIOLATIONS OF CONDITIONS OF GENERAL PERMIT AWG 100000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DV 00-028 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES 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: 1. FINDINGS OF FACT: A. John Hendrix owns the John Hendrix Farm, a swine animal operation located along SR 1004 in Sampson County. B. John Hendrix was issued Certificate of Coverage AWS820323 under General Permit AWG100000 on and effective March 10, 1999, 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 1, 2000, DWQ staff observed a dischar-e of wastewater by the John Hendrix Farm from a hog barn to a diversion ditch. The diversion ditch discharged wastewater into a farm ditch through an underground pipe. The farm ditch flowed to an unnamed tributary to Six Runs Creek, which are Class C Swamp waters of the State within the Cape Fear River Basin. D. John Hendrix had no valid permit for discharging wastewater to the waters of the State. E. Condition No. III. 6. g. of the "General Conditions" of the General Permit states in part that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface waters. y F. John Hendrix failed to notify DWQ of the discharge of wastewater within the required 24 hours after discovery. G. Condition No. V. 3. of the "General Conditions" of the General Permit requires that the maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). H. The CAWMP for the John Hendrix Farm requires that the waste level in the lagoon does not exceed twenty-four (24) inches. I. On February 1. 2000, DWQ staff observed that the waste level of the lagoon at the John Hendrix Farm was fourteen (14) inches which exceeded the level specified in the CAWMP. J_ Condition No. I1I. 6. e, of the "Monitoring and Reporting Requirements" of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage ypond greater than or equal to that required in Condition V. 3. of the General Permit. K. The Fayetteville Regional Office had not received notification from John Hendrix that the waste level exceeded the level specified in the CAWMP_ L. The cost to the State of the enforcement procedures in this matter totaled $449.62. Based upon the above Findings of Fact, I make the following: II. CONCLliSIONS OF LAW: A. John Hendrix is a "person" within the meaning of G.S_ 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. An unnamed tributary to Six Runs Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constitutes making an outlet to waters of the State for purposes of G.S. 143-215. l (a)(1), for which a permit is required by G.S. 143-215.1. E. The above -cited failure to notify DWQ of a discharge within 24 hours of first knowledge constitutes a violation of Condition No. III. 6. g. of the General Permit. F. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP constitutes a violation of Condition No. V. 3. of the General Permit. G. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3. constitutes a violation of Condition No. M. 6. e. of the General Permit. H. John Hendrix 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 ($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. 1. The State's enforcement costs in this matter may be assessed against John Hendrix pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). J. 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: 11- DECISION: Accordingly, John Hendrix is hereby assessed a civil penalty of: S �Otn�v. o ca for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. S Ooo. 0 o for violating Condition No. III. 6. g. of the General Permit by failing to notify DWQ of a discharge within 24 hours of first knowledge S Sy a. o o for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP 4 S Soo.coo $. �).00c. a o S 449.62 S 4 . L14g. (e-I- for violating Condition No. III. 6. e. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 TOTAL CIVIL PENALTY, which is IS percent of the maximum penalty authorized by G.S. 143-215.6A. Enforcement costs TOTAL AMOUNT 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. 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. S -.z S - o o -�- (Date) Kerr T. Stevens, Director Division of Water Quality "b- dL AEL MICROBAC ENVIRONMENTAL LABORATORY, INC. 817 Castle Hayne St., Fayetteville, North Carolina 28303 Phone (910) 864-1920 - Fax (910) 864-8774 NC Lab ID #11 - NC Lab ID#37714 - SC Lab ID # 990267 - USDA Lab ID # 3787 CLIENTC- Dt�DATE RECEIVED LLD 0 SAMPLE DATE: c ADDRESS: SAMPLED BY: 6 • T " Th PICKED UP BY: CONTACT PERSON: SAMPLE I.D. 1. a-k1tQ.t CO WC �3 2. D )TOH — O C)cLC-)_S( y 3. ID 15 • 'Po I tit ) - Ga t,tlFk 4- -:�)W >A ny. P — n o I jlc r- SAMPLE CODE: A11D_ REFERENCE HtAJj)R I V F WY-th WORK ALTT1iORI7_ED BY: (or S'. ITP Analysis TechlDate 1 2 3 4 Ammonia as N m BOD m Chloride m Chlorine m COD m Fecal Coliform(per 100 ml Leo oP C. O"O_OC7 Nitrate m Nitrate & Nitrite m Oil & Grease m H Phenol m Phos horns m Solids. Suspended m Solids, Total m Tote! Keldahl Nitro n m Aluminum m Arsenic m Barium m Cadmium m Chromium, Total m copper m snide Iran m Lead m Manganese m Nickel m Silver Sodium m Zinc m PAGE I OF