820343_ENFORCEMENT_20171231

NUH I H UAHUL#NA
Department of Environmental Qual
il

jrfi r; r tj micnaet r. Lasisy, Governor
William G. Ross Jr., Secretary
`Q G North Carolina Department of Environment and Natural Resources
Alan W. Kfimek, P.E. Director
Division of Water Quality
November 18, 2008
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Prestage Farms
Randy Barefoot
P.O. Box 438
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
P-19 A&B
Facility No. 82-343
Permit No. NCA282343
Sampson County
Dear Mr. Barefoot:
On September 6, 2006 you or staff from your farm notified the Fayetteville
Regional Office of the Division of Water Quality, as required by General Permit condition
111.6.e that the freeboard level of the lagoon was less than the minimum required by the
General Permit. The liquid level of the lagoon B was reported as 14 inches. General
Permit condition V.3 states "The maximum waste level in lagoonststorage ponds shall not
exceed that specified in the CAWMP. At a minimum, maximum waste level for
lagoons/storage ponds must not exceed the level that provides adequate storage to
contain the 25 -year, 24-hour storm event plus as additional 1 foot of structural freeboard."
The Division of Water Quality will take no further action for this reported incident
at this time. However, if you have not done so, you are asked to please notify this office
in writing within 15 days of receipt of this letter as to what date the lagoon was lowered
within the specified time frame in which the Plan of Action (POA) allotted. It will also
close this event out within your file. If you have any questions concerning this matter,
please do not hesitate to contact myself at (9 10) 433-3300.
Sincerely,
Ricky Revels
Environmental Supervisor I
cc: APS Central Files
DS&W FRO
Sampson County SWCD
WWI
�i Division of Water Quality/Aquifer Protection Section
225 Green Street, Suite 714, Fayetteville, NG 28301-5043
Phone: [phone] FAX: [phone]
Internet: http://gw,eh_nr.state.nc.u_s_
Customer Service: [phone]

MW�
ri c
Case Number'- violwo
icy -mm 01(m. Cal
Address I WROIN : 0 ' CC711 LI ti,�11 —on
—7
rj)
inhic.1
W-1
ni s -mon Raqucsl
Aal
ldfslulc-f-,�,( IR
KZ, K
70,
Mu M ii
Comments

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
PRESTAGE FARM, LNC.
RANDY BAREFOOT
P. O. BOX 438
CLINTON, NC 28328
Dear Mr_ Randy Barefoot:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 23, 2000 RECEIVED
I Ili Y 0 2000
FAYETTEVILLE
REG. OFFICE
SUBJECT: Assessment of Civil Penalties
for Violation of Conditions of
Animal Waste Permit
AWS820343
Farm 82-343
Sampson County
File No. PC 00-017
This letter transmits notice of a civil penalty assessed against Prestage Farms. Inc. P-19
A & B in the amount of $653.04 including $13.04 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. 4
Within thirty days of receipt of this notice, you must do one of the following:
1. 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 [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Ralei-h, North Carolina 27699-1617 State Courier #52-01-01 Ralei-h. NC 27699-1617
An EynulOpporrunin'1AfrnmriveAction Entpluver
50% recycled / 10% post-constcrner paper
http:11h 2n. enr sreae. nc. cgs

Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 14313-252.1(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. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
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
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
Raleiah, 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. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
SL.
Kerr T. Stevens
ATTACHMENTS
cc: Regional -Supervisor wl attachments
Compliance/Enforcement File 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 NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. PC 00-017
IN THE MATTER OF )
PRESTAGE FARMS, INC. )
FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF
OF ANIMAL WASTE PERMIT ) CIVIL PENALTIES
AWS 820343 )
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. Prestage Farms, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. Prestage Farms, Inc. owns and operates Farm P-19 A & B, a swine operation in
Sampson County.
C. Prestage Farms, Inc. obtained Certificate of Coverage AWS820343 under General
Permit AWG100000 on May 18, 1998, effective May 18, 1998 with an expiration
date of April 30, 2003,
D. Condition No. V. 3. of the "General Conditions" of the issued permit states in part
that "The maximum waste level in lagoons/storage ponds shall not exceed that
specified 'in the Certified Animal Waste Management Plan (CAWMP). At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the 25 -year, 24-hour storm event
plus an additional one (1) foot of structural freeboard."
E. The 25 -year, 24-hour storm event for the facility's location is seven (7) inches
according to the National Weather Service, Technical Paper 40, Rainfall
Frequency Atlas of the United States, 1961.

F. Based on the 25 -year, 24-hour rainfall of seven (7) inches and one foot of required
structural freeboard, the waste level in the lagoon for P-19 A&B shall not exceed
nineteen (19) inches.
G. Condition No. III. G. 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 issued permit.
H. In accordance with their permit, Prestage Farms, Inc. notified the Fayetteville
Regional Office on January 27, 2000 that the waste levels of the lagoons were
sixteen (16) and five (5) inches.
I. The costs to the State of the enforcement procedures in this matter totaled
$153.04.
Based upon the above Findings of Fact, I make the following:
11 CONCLUSIONS OF LAW:
A. Prestage Farms, Inc 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. Prestage Farms, Inc. violated 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.
D. Prestage Farms, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Prestage
Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION:
Prestage Farms, Inc. is hereby assessed a civil penalty of:
$ for violating Condition No. V. 3. of Animal Waste Permit No.
AWS820343 by failing to maintain the liquid level in the
lagoon at the level specified in the CAWMP
$ Soo. ejo TOTAL CIVIL PENALTY, which is !L percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 153.04 Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 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 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;
and
(8) The cost to the State of the enforcement procedures.
-5—Z3jo o..
(Date) Kerr T. Stevens, Director
Division of Water Quality

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
March 18, 2002
(:ERTIFFED MALL
RETURN RECEIPT REQUESTED
Prestage Farms
P.O. Box 438
Clinton, NC 28329
att. Randy Barefoot
SUBJECT: NOTICE OF DEFICIENCY
LAGOON DIKES
Prestage Swine Facilities
Sampson County
Dear Mr. Barefoot:
-3y3
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
On February 27, and February 28, 2002, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted inspections of the company swine facility in Sampson
County. It was observed that the lagoon dikes were in need of the establishment of a cover
grass on several facilities. In addition, minor erosion of the lagoon dike was observed on the
back slope of one lagoons and the clay liner was observed to be eroding above the wastewater
line in a few of the lagoons.
The following is a list of the identified lagoon structures that require attention:
P-2, P-3, P4, P-5, P-6, Px-8, P- 11, P-12 A -D, P-19A&B, P-20, P -22B, Px-300,
require the establishment of a cover grass on the lagoon dikes in accordance with the
NRCS guidelines, primarily to prevent erosion.
2. P-3, P- 12C, P-19A&B, exhibit substantial erosion of the clay liner above the existing
lagoon waste level and require an inspection of the remaining liner by a technical
specialist and any repair required to conform with the NRCS guidance prior to the
establishment of a cover grass.
225 GREEN STREET — SUITE 714: SYSTEL BUILDING I FAYETTEVILLE. ivC 28301-5043
PHONE [phone] FAX [phone] W WW.ENR.STATE-NC_1 s FNIV
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEW10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE; 1-877-623-6748

Prestage Farms
Page 2
March 18, 2002
3- P -19D was observed to have minor erosion of the backslope on the right rear corner that
requires repair prior to the establishment of a cover grass.
If you have any questions concerning this matter, please call Bob Heath, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Glen Clifton - Prestage Farms
Wilson Spencer - Sampson Co. NRCS

r"
F NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 21, 2000
Prestage Farms, Inc.
Attn.: Randy Barefoot
P.O. Box 438
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820343
P-19A&B
Facility No. 82 - 343
Sampson County
Dear Mr. Barefoot:
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 January 27, 2000, you or staff from your farm notified the Fayetteville Regional
Office of the Division of Water Quality, as required by General Permit condition III.6.e,
that the freeboard level of the lagoon was less than the minimum required by the General
Permit. The liquid level of the P -19A lagoon was reported as 16 inches and the P -19B
lagoon was reported as 5 inches, which is less than the minimum required for structural
stability (less than 12 inches). General Permit condition V.3 states that "The maximum
waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At
a minimum, maximum waste level for lagoons/storage ponds must not exceed the level
that provides adequate storage to contain the 25 -year, 24-hour storm event plus an
additional 1 foot of structural freeboard.".
The Division of Water Quality requests that the following items be addressed:
1. If not already accomplished, lower the lagoon level to the required freeboard as
specified in your Certified Animal Waste Management Plan (CAWMP) and/or your
Permit in a manner that is consistent with your CAWMP and your Permit.
2. Please provide specific actions proposed to prevent future freeboard violations at this
facility, which are not in compliance with the CAWMP or the General Permit.
225 GREEN STREET, SUITE 714 / SYSTEL SLD- FAYETTEV�ILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -Cd N5UMER PAPER

Page 2
P-19 A&B
March 21, 2000
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation.
You are hereby notified that based on the above information the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for these
violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more
than $25,000.00 per day per violation.
If you have an explanation for these violations that you wish to present to this office please forward
a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendations for enforcement. This response should be received by this office on or before March
31, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central 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.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery
Brown, Environmental Engineer or myself at [phone].
re ,
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
e a , t

r. 1h
Prestage Farms, Inc.
March 29, 2000
Mr. Paul E. Rawls
Regional Water Quality Supervisor
NC Department of Environment
And Natural Resources
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Systel Building
Fayetteville, NC 28301-5043
Dear Mr. Rawls:
RECEIVED
1 AR 3 1 2044
FILLE
REGO lCE
SUBJECT: Response to Notice of Violation for Facility No. 82-343, P -19A & B
This letter is to provide the items requested by you in your Notice of Violation dated
March 21, 2000, for the above referenced facility.
We have taken the following actions to lower the lagoon levels at our P -19A and B farms
and to prevent any future freeboard problems at these facilities.
Effluent was pumped and hauled from the P -19B lagoon to other Prestage Farms
lagoons.
2. Effluent was also transferred to other Prestage Farms lagoons on site.
3. By using a laser transit, we found that a twenty-five foot area of the P -19B lagoon
was 6 inches lower than the rest of the other sides. We immediately raised this
area to the correct height using the proper equipment.
4. We in turn measured the lagoon level at P -19A and found that it actually contained
20" of freeboard.
We are pleased to report that the P -19B lagoon was lowered to 24" of freeboard on
January 30, 2000, and the P -19A lagoon was lowered to 23" of freeboard on February 11,
2000.
While it is the goal of Prestage Farms to keep all of our lagoons well within the required
freeboard, the chronic rainfall events that occurred through the winter months greatly
deterred our efforts, as irrigation had to be reduced to a minimum. Although we were
HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329-0438 - PHONE [phone]

Prestage Farms, Inc.
able to keep our lagoons out of freeboard danger, the January ice, snow, and rainstorms
prevented any application of effluent at all. During a three-week period in January, we
received approximately eight inches of precipitation.
At present, both of these lagoons are at 25" of freeboard, and barring any unforeseeable
occurrences of excessive precipitation, we will keep them well within the required range.
I am sure you will agree that our track record with our lagoon management can attest to
this statement.
Please contact me should you need any additional information.
Sincerely,
Randy Barefoot, Director
Land and Nutrient Management
kk
cc Mr. Steve Lewis
Mr. Wilson Spencer
HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329-0438 • PHONE [phone]