820370_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quaff

N-
WaterResources
ENVIRONMENTAL QUALITY
May 27, 2016
CERTIFIED MAIL - #7015 1520 0000 7838 4009
RETURN RECEIPT R EQ UESTED
Ken Spell
Piney Green Farm
484 Horse Pasture Road
Satemburg, NC28385
Dear Ken Spell:
PAT MCCRORY
(governor
DONALD R. VAN DER VAART
SUBJECT: Request for Payment of Civil Penalty
Enforcement File No. PC -2016-0017
Sampson County
secretary
S. JAY ZIMMERMAN
Director
On March 9, 2016, the Director of Division of Water Resources (DWR) assessed a civil penalty against
you in the amount of $296.00, including $116.00 in investigative costs for failure to pay the annual
administering and compliance fees. In addition to the civil penalty amount stated above, you are still
responsible for paying the overdue administering and compliance fees of S 180.00 owed to the DWR.
If any civil penalty has not been paid within 30 days after the final agency decision has been served on the
violator, North Carolina General Statue 143-215.6A (g) allows the Secretary of the Department of
Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any
county in which the violator resides or has his'or its principal place of business to recover the amount of
the assessment. The Division has the certified mail green card that shows you received the Final Agency
Decision on March 29, 2016.
This letter serves as final notice that the Division will proceed to refer your case to the North Carolina
Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of
your receipt of this notice, the North Carolina Attorney General's Office will seek collection through the
courts.
Should you have any questions, please contact Miressa D. Garoma at [phone] or Debra Watts at
[phone].
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Belinda Henson, Fayetteville WQROS Regional Supervisor
File # PC -2016-0017
WQROS Central Files (AWS820370)
State of North Carolina I Environmental Quality I Water ResourcesVater Quality Regional operations
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 807 6464

Water Resources
ENVIRONMENTAL QUALITY
March 9, 2016
CERTIFIED MAIL - #7002 2410 0003 0274 0899
RETURN RECEIPT REQUESTED
Ken Spell
Piney Green Farm
484 Horse Pasture Road
Salemburg, NC28385
Dear Ken Spell:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Serretan
S. JAY ZIMMERMAN
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 82-0370
Sampson County
Enforcement File No. PC -2016-0017
Director
This letter transmits notice of a civil penalty assessed against Ken Spell in the amount of $180.00, and
$116.00 in investigative costs, for a total of $296.00. This penalty amount is in addition to the overdue
annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount
of $540.00. 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 Quality. 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
State of North Carolina I Enviruntnental Quality I Water Resources
Water Quality Retional Operations Section
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 807 6464

Assessment of civil penalty
Ken Spell
Enforcement # PC -2016-0017
Page 2 of 4
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

Assessment of civil penalty
Ken Spell
Enforcement # PC -2016-0017
Page 3 of 4
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a fling fee is required by NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
PaMent of Over'd`ue jF&II 57;
-°I w (-1 i0 3 t,.s
In addition to the civil penalty amount stated above, you are still responsible for paying the overdue
administering and compliance fees owed to the DWR regardless of which option you chose from
above. According to our records, you owe the following overdue administering and compliance fees to
date:
?Onn, };
w
N Number
lnWIAge
Due Date
Outstandin Fee ($)
2014PR660681' `
2/7/2014
180
2015PR000139
2/8/2015
180
2016PR000437
2/11/2016
180
Please remit payment made payable to the North Carolina Department of Environmental Quality in the
amount of $540.00. Please mail this payment in a separate check to:
Division of Water Resources
Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617

Assessment of civil penalty
Ken Spell
Enforcement # PC -2016-0017
Page 4 of 4
Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this
letter will result additional civil penalties for continuing violations. Each day of a continuing violation may
be considered a separate violation subject to a $25,000.00 per violation per day penalty.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at (919)- 807-6340.
Sincerely,
Jon Risgaard, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Belinda Henson, Fayetteville WQROS Regional Supervisor w/ attachments
File # PC -2016-0017 wl attachments
WQROS Central Files w/ attachments
Sampson County Health Department
RECEIVED
DEQ/DWR
MAR 15 2016
WQROS
FAYETTEVILLE REGIONAL OFFICE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
KEN SPELL
FOR VIOLATIONS OF ANIMAL
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWGI00000
AND 15A NCAC 2T.0 105(e)(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC -2016-0017
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources (DWR), 1, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Ken Spell owns and operates Piney Green Farm, a swine animal feeding operation in Sampson
County.
B. Ken Spell was issued Certificate of Coverage AWS820370 under General Permit
AWG100000 for Piney Green Farm on October 1, 2014, effective upon issuance, with an
expiration date of September 30, 2019.
C. 15A NCAC 2T.01 05(e)(2) states in part that "An annual fee for administering and compliance
monitoring shall be charged in each year of the term of every renewable permit according to
the schedule in G.S. I43 -215.31)(a). Annual fees must be paid for any facility operating on an
expired permit that has not been rescinded or revoked by the Division. Permittees shall be
billed annually by the Division."
D. The following table provides a history of unpaid invoices sent by DWR Budget Office to Ken
Spell for the annual administering and compliance fees of said Permit:
Invoice Number
Due Date
Outstandi2E Fee ($)
2014PR000681
2/7/2014
180
2015PR000139
2/8/2015
180
2016PR000437
2/11/2016
180
E. On April 15, 2015, a Notice of Violation (NOV)/ Notice of Intent to Enforce (NOI) was issued
to Ken Spell, citing 15A NCAC 2T .0105(e)(2) for failure to pay the annual administering and
compliance fee within thirty days of being billed by DWR.
F. The NOV/NOI was sent by certified mail, return receipt requested and received on April 22,
2015.

G. As of the date of this civil penalty enforcement, the above -referenced invoices have not been
paid.
H. The cost to the State of the enforcement procedures in this matter totaled $116.00
Based upon the above Findings of Fact, I make the following:
I1. CONCLUSIONS OF LAW:
A. Ken Spell is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. Ken Spell violated 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering and
compliance fee within thirty days of being billed by the Division
C. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S.
143-215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by N.C.G.S. 143-215.1.
D. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B -282.1(b)(8) provides that the reasonable costs
of any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of. any permit issued pursuant to N.C.G.S.
143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
E. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water 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, Ken Spell is hereby assessed a civil penalty of:
$ l Boo"
$116.00
$ _2-1 (, 00
For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual
administering and compliance fee for 2014 & 2015.
TOTAL CIVIL PENALTY which is
authorized by N.C.G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
percent of the maximum penalty
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B -282.1(b),
which are:

(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage',
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Ken Spell, in
accordance with N.C.G.S. 143-215.6(A)(d).
r
3h MI6
(Date) JonR't�d, Chief
Wa y Regional Operations Section
Division of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Ken S ell
County: Sampson
Case Number: PC -2016-0017
Permit Number: AWS820370
ASSESSMENT FACTORS
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;
None.
2) The duration and gravity of the violation;
To date, the permittees has failed to pay the following overdue annual administering and
compliance fees_
3)
4)
5)
Invoice Number
Due Date
Outstanding Fee ($)
2014PR000681
21711014
180
2015PR000139
21812015
180
2016PR000437
211112016
180
The effect on ground or surface water quantity or quality or on air quality;
Unknown.
The cost of rectifying the damage;
The total overdue annual administering and compliance fees are $540.00.
The amount of money saved by noncompliance;
By not paying the annual administering and compliance fees. the permittees saved a total of $540.00.
6) Whether the violation was committed willfully or intentionally;
The circumstances that resulted in the failure to pay the annual administering and compliance fees during
their original billing cycle are negligible. However, the permittees were issued a Notice of Violations
(NOT) for failure to pay the overdue fees. Therefore, failure to pay the overdue fees after receipt of the
NOV is both willful and intentional.
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
June 2010 — NOV. jar failure to pay annual fee for 2009
June 2011 — NOV for, failure to pay annual fee for 2011
April 2015 NOV for failure to pay annual fee for 2014 & 2015
8) The cost to the State of the enforcement procedures.
$116.00
3A L19
Date
rev 1.0 - 8.31.09

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC -2016-0017 County: Sampson
Assessed Party: Ken Spell
Permit No.: AWS820370 Amount assessed: $296.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 1438-282.I(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document),
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i. e., explain the steps that you took to correct the violation and prevent
future occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for anrevious violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
KEN SPELL
PERMIT NO. AWS820370
DEPARTMENT OF ENVIRONMENTAL QUALITY
} WAIVER OF RIGHT TO AN
} ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
FILE NO. PC -2016-0017
Having been assessed civil penalties totaling $296.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, March 9, 2016, the undersigned,
desiring to seek remission of the civil penalty, 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.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after thirty (30) days from the receipt of the notice of assessment.
This the day of , 2016
Signature
ADDRESS
TELEPHONE

Al"
�&A��
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ken Spetl
Piney Green Farm
484 Horse Pasture Rd
Salemburg, NC28385-9297
Dear Pernvttee,
Donald R. van der Vaart
Secretary
April 15, 2015 RECEIVED
APR f 7 2015
DENR-FAYETTEWLLE REGIONAL OFFICE
Subject: Notice of Violation/Notice of Intent to Enforce
Piney Green Farm
Permit Number: AWS820370
Sampson County
You are hereby notified that, having been permitted to have an animal waste management system
permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be
in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T
.0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by
the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a Ietter
dated January 27, 2015. As of this date, our records indicate that the above -referenced permit issued to
your facility has overdue fees.
The following invoices are
Invoice Number Due Date Outstandin Fee (S)
2014PR0O0681 2/7/2014 180
20I5PR0O0139 2/8/2015 180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within
thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not
more than $25,000 per day per violation abainst any "person'` who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it
is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attu: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: http://www.ncwater.org
An Equal opportunity 1 Affirmative Action Employer - Made in part by recycled paper

Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirements. If you have any questions concerning this Notice, please contact the Animal Feeding
Operations Branch staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No. AWS820370)

RECENEDIDENRIDWR
Water Quft Reglortal
9 XF WA
FEB 12 zW
1= ars sewon
NCDENR �°RegbnalOffice
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 27, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ken Spell
Piney Green Farm
484 Horse Pasture Rd
Salemburg, NC28385-9297
Subject: Notice of Deficiency
Pinev Green Farm
Permit Number: AWS820370
Sampson County
Dear Permittee,
Donald R. van der Vaart
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of
Water Resources (Division).
The followint~ invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2014PR000681
2/7/2014
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may
issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any
"person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as
requested within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] L Internet: http:/lwww,ncwater.org
An Fqual Oppodunity 4 A(fitma5ve Action Employer -- Made in part by recycled paper

If you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820370)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Govemor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Spell, Ken
Piney Green Farm
484 Horse Pasture Rd
Salemburg, NC 283859297
Dear Permittee,
Coleen H. Sullins Dee Freeman
Director RECEIVED Secretary
June 14, 2011
JUN 1 6 2011
DENR-FAYETTEMLLE REGIONAL OFFICE
Subject: Notice of Violation
Piney Green Farm
Permit Number AWS820370
Sampson County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
utstanding Fee ($)
2011PR000729
1/14/2011
2/13/2011
180
Please be reminded that the table above covers only the most recent invoice sent to you. Please
also include payments for prior invoires for which the anuual fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699.1617
Phone: [phone]
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Blvd,, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwatemualq.org
An Equal Opporlttnity 4 Affirmahve Action Employer
-contd. -
NorthCarolina
Admrally

if you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS820370)

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly ayes Perdue
Govemor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Spell, Ken
Piney Green Farm
484 Horse Pasture Rd
Salemburg, NC 28385
Dear Permittee,
Division. of Water Quality
Coleen H. Sullins .�� Dee Freeman
Director c �1 �� Secretary
June 28. 2010
1--
�r w
Subject: Notice of Violation
Piney Green Farm
Permit Number AWS820370
Sampson County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstandinu Fee {$)
2009PR002389
3/17/2009 i i
4/16/2009
180.00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the annual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25.000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
1636 Mail Service Center, Raleich, North Caroiina 27699-16H
Location: 2728 Capital 3ivc., Raleigr:. North Carolina 27606
Pnone: 919-733.3221 1 FAY,: 915-715-05881 Customer Service- ?-877-623-6746
Inteme;: ww%v.ncwarerquality.cro
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NoithCarolina

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Fayetteville Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS820370)

HIGH FREFEBOAR'D NOTIFICATION
DATE/ t-lE / "27- Do ZZ-' P.
DWO Contact c frlt r,J
Nome of Person
Gr
o^rtocting DWC lJ�+w+�^ Vag.— _ Telephone No.S4 - g5VS �
FARM Name _ _ A -F -r?7^lt
CCU" L -
Faeb y No.
rr
FreeSz�!-d leve: of the Lagoon
Gcndfi;ar�s of the spray fields:
NAcRATiVE: (Include any instructions given to the former at the time of the call)
WWI
(A copy of each notification should be forwarded to the 'GAFO 80K in John Hostyi office
as soon as possible) .

.v
�
NORTH CAROLINA DEPARTMENT OF
r,r.��% ENVIRONMENT AND NATURAL RESOURCES
AW
NCDENR DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
HAND DELIVERED (FORM B)
JAMES S. HUNT JR.
GOVERNOR TO: 0 y V Y N.•
BILL HOLMAN
SECRETARY DWQ Representative
KERR T. STEVENS
DIRECTOR
DATE a -2 — CO TIME : o c)
For facilities that are identified with waste in their lagoon(s) below the level required to be
maintained for structural stability but not adequate to also retain the 25 yea, 24 hour rainfall even (typically
12 -19 inches):
The producer will be required to submit a plan of action within 48 hours to lower and maintain the
lagoon level to a point below that needed for both structural stability and the 25 year, 24 hour
rainfall event. The plan should be forwarded to the Fayetteville Regional Office:
Division of Water Quality
225 Green Street - Suite 714
Fayetteville, NC 28314
Phone: [phone] Fax: [phone]
2. DWQ can not and will not condone any discharge of waste from the facility to the surface waters
as part of the management plan.
3... DWQ can not and will not condone the land application of waste at levels above that specified by
the facility's CAWMP or in violation of any other part of the CAWMP.
The producer should consider pump and haul to another facility, that can adequately manage the
waste in accordance with its CAWMP, as part of their plan.
If the producer's plan can not adequately demonstrate the ability to reduce the lagoon level below
that required for both structural stability and the 25 year, 24 hour rainfall event within 30 days (or
before the lagoon level is projected to rise to a level above that required for structural stability if
less than 30 days) without the removal of animals from the facilities, then removal of animals must
be a component of this plan. The number of animals removed must be to a level at which the
producer can adequately demonstrate the ability to manage the lagoon level below the level
needed for both structural stability and the 25 year, 24 hour storm event.
11
NOTES: Lagoon Levels
FrIZ5r:
14,0
225 GREEN STREET, SUITE 716 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OProRTUNITY / AFFIRMATIVE ACTION E04FLOYCR - 50% RECYCL=4/1076 POST-CON9UMER PAPER