820402_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

tanuary 20, 2002
SUBJECT: Response to NOV(Green Farm)
Facility No. 82-402
Sampson County
Dear Mr. Rawls:
In response to the Notice of Violation received for Green Farm (82402) on the issue
concerning irrigation being done during the month of December,'I would like to remind you that with
a rate of 50 lbs. it is legal to apply on small grain over -seed during the month of December. It is
evident that at the time the WUP was written there was a technical mistake made by Mr. Hank Gay.
He wrote the WUP for 50 lbs on over -seed and out to the side noted Oct -Nov; Feb. -Mar., and as I'm
sure you are aware those months pertain strictly for a 100 Ib rule. Murphy -Brown technical specialist
have been contacted concerning this issue and will remove Mr. Gay's note of Oct. -Nov.; Feb. -Mar.
Please find enclosed a copy of the WUP that clearly shows a 50 lb. rate for small grain. Again, I feel
that we have in no way violated our WUP and ask for this violation issue to be rescinded.
A change in technical assistance between 1117101 and 5/01101 is the reason for a lapse in
weekly freeboard recordings. As of May 2001 a new technical consultant is working with J&K
Farms to assist with the compliance of the General Permit Freeboard levels are checked daily and
recorded weekly.
Please contact me at [phone] if you have any questions.
Sincerely,
9h.. .1 C.4vol-C
y N✓„�,
James C. Moore

Producer: G*.V L i
Location: j� dO'1 kur.
Telephone: r7/6
Type Operation: rAaadW — kEa f
40
Number of Animals: i3oo
(Design Capacity)
The waste from your animal facility must be land applied at a specified rate to prevent
pollution of surface and/or groundwater. The plant nutrients in the animal waste should
be used to reduce the amour$ of commercial fertilizer required for the crops in the fields
where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting
nutrient. Waste should be analyzed before each application cycle. Annual soil tests are
strongly encouraged so that all plant nutrients can be balanced for realistic yields of the
crop to be grown.
Several factors are important in implementing your waste utilization plan in order to
maximize the fertilizer value of the waste and to ensure that it is applied in an
environmentally safe manner. Always apply waste based on the needs ofthe crop to be .
grown and the nutrient content of the waste. Do not apply more nitrogen than the crop
can utilize. Soil types are important as they have different infiltration rates, leaching
potentials, cation exchange capacities, and available water holding capacities.. Normally
waste shall not be applied to land eroding at greater than 5 tons per acre per year. With
special precautions, waste may be applied to land eroding at up to 10 tons per acre per
year. Do not apply waste on saturated soils, when it is raining, or when the surface is
frozen._ Either of these conditions may result in runoff to surface waters which is not
allowed under DEM regulations. Wind conditions should also be considered to avoid drift
and downwind odor problems. To maximize the value of nutrients for crop production
and to reduce the potential for pollution, the waste should be applied to a growing crop or
applied to bare ground not more than 30 days prior to planting. Injecting the waste or
disldng will conserve nutrients and reduce odor problems.
The estimated acres needed to apply the animal waste is based on typical nutrient content
for this type of facility. Acreage requirements should be based on the waste analysis
report from your waste management facility. Attached you will find information on
proper sampling techniques, preparation, and transfer of waste samples to the lab for
analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A
NCAC 280217 adopted by the Environmental Management Commission.

I
Amount of Waste Produced Per Yeartzallons, R3. toms, etc.
-�°w+s was •
animals X7.15wasteJanimallyear =9'!S qasi94 waste/year
Amount of Plant Available Nitrogen (PAN) Produced Per Year
/160- animals X!Ef_lbs. PAN/animal/year =-XZ6.0 lbs. PAN/year. (PAN from N. C. Tech. .
Guuide-Std. 633)
Applying the above amount of waste is a big job. You should plan time and have
appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown
and surface application:
Table 1: ACRES OWNED BY PRODUCER
Tract Field Sod. Crop Lbs. N Acres Lbs N Month of
# No_ Tvne Per Ac_ * Utdized Annlication
* This 1V is from animal waste only. If nutrients from other sources such as commercial
fertilizer are applied, they must be accounted for. N must be based on realistic yield
e�n-
NOTE. The applicator is cautioned that P and K maybe over applied while meeting the N
requirements. Beginning in 1996 the Coastal Zone Managenten: Act will require farmers in
some eastern counties of North Carolina to have a nutrient management plan that addresses
allnutrients. This plan only addresses Nitrogen.

Is
11
M.
Table -2: ACRES WrM AGREEMENT OR LONGTERM LEASE
(Agreement with adjacent landowner must be attached)
(Requires[ only if operator does not own
adequate land [see Required Specification 21}
Trao* Field Soil Crop Lbs. N Acres Lbs. N Month of
* See footnote for Table 1.
Totals from above Tables
Acres Lbs. N
Utilized
Table 1
Table 2
Total
Amount of N
Surplus or Df
NOTE: The Waste Utilization Plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient rich and will
require precautionary measures to prevent over application of nutrients or other
elements
D .
-7
Produced
ficit
NOTE: The Waste Utilization Plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient rich and will
require precautionary measures to prevent over application of nutrients or other
elements

i
_ .. - .- ...: �._,.... r ............... _. ...mow..
See attached Map showing the fields to he used for the utilization of waste water.
Application of Waste by irrigation
Field Soil Type Crop Application Application
No. Rate Amount
a
A�
TM TABIE IS NOT NEmED IF wAsm Is NOT BsNcT AFFLM BY IRRIGATION, HOWEVER A 5uffiL4R TABIE wnL
BE IMMED FOR DRY I.1TI M OR SLURRY.
Your facility is designed for lfo days of temporary storage and the temporary storage
must be removed on the average of once every � ' MONTHS. In no instance should
the volume of waste being stored in your structure exceed Elevation
Call the local Natural Resources Conservation Service (formerly Soil Conservation
Service) or Soil and Water Conservation District office after you receive the waste
analysis report for assistance in determining the amount per acre to apply and the proper
application rate prior to, applying the waste.
Narrative of operation: Ryir. 4 f PA.-
h. '
I A VQ (s-.,

REQUIRED SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by rano dri$, manmade
conveyances, direct application, or direct discharge during operation or land
application. Any discharge of waste which reaches surface water is prohibited. Illegal
discharges are subject to the assessment of civil penalties of $10,000 per day by the
Division of Environmental Management for every day the discharge continues.
2. The Field Office must have documentation in the design folder that the producer either
owns or has long term access to adequate land on which to properly apply the waste.
If the producer does not own adequate land to properly dispose of waste, he shall
provide MRCS with a copy of a written agreement (sample enclosed) with a landowner
who is within a reasonable proximity, allowing him/her the use of the land for waste
application for the life expectancy of the production facility. It is the responsiibilky of
the owner of the facility to secure an update of the Waste Utilization Plan when there
is a change in the operation, increase in the number of animals, method of utilization,
or available land
3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic
crop yields based on soil type, available moisture, historical data, climate conditions,
and level of management, unless there are regulations that restrict the rate of
application for'other nutrients.
4. Animal waste may be applied to land that has a Resource Management System (RMS)
or an Alternative Conservation System (ACS). If an ACS is used the sod loss shall be
no greater than 10 tons per acre per year and appropriate filter strips will be used
where runoff leaves the field. These filter strips will be in addition to 'Buffers"
required by DEM. [See FOTG Standard 393 - Filter Strips and Standard 390
(Interim) - Riparian Forest Buffers.]
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when the wind is blowing.
6. When animal waste is to be applied on acres subject to flooding, it will be soil
incorporated on conventionally tilled cropland. When applied to conservation tilled
crops or grassland, the waste may be broadcast provided the application does not
occur during a•season prone to flooding. (See "Weather and Climate in North
Carolina" in the Technical Reference - Environment file for guidance.)

� W -A-4 MWE M7 L U -M A
REQUIRED SPECIFICATIONS
(continued)
7. liquid waste shall be applied at rates not to exceed the soil infiltration rate such that
runoff does not occur offsite or to surface waters and in a method which does not
cause drift from the site during application. No ponding should occur in order to
40
control conditions conducive to odor or flies and provide uniformity of application..
8. Animal waste shall not be applied to saturated sow during rainfall events, or when
the surface is frozen.
9. Animal waste "be applied on actively growing crops in such a manner that no
more than 20 to 25 percent of the leaf area is covered.
10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils
with -a high potential for leaching. Waste nutrient loading rates on these. soils should
be held to a minimum and a suitable winter cover crop planted to take up released
nutrients. Waste shall not be applied more than 30 days prior to planting of the crop
on bare soil.
11. Animal waste shall not be applied closer than 25 feet to surface water. This distance
may be reduced for waters that are not perennial provided adequate vegetative filter
strips are present. (See Standard 393 - Filter Strips)
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14. Waste shall be applied in a manner not to reach. other property and public right-of-
ways.
15. Animal waste shall not be discharged into surface waters, drainageways or wetlands by
a discharge or by over -spraying. Animal waste may be applied to prior converted
wetlands provided they have been approved as a land application site by a "technical
specialist". Animal waste should not be applied on grassed waterways that discharge
directly into water courses, and only then at agronomic rates provided the application
causes no runoff or drift from the site.

0
REQUIRED SPECIFICATIONS
(continued)
16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system
17. Lagoons and other uncovered waste containment structures must maintain a maximum
operating level to provide adequate storage for a 25 -year, 24-hour storm event in
addition to the one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas
where considered appropriate. Lagoon areas should be kept mowed and accessible
Lagoon berms and structures should be inspected regularly for evidence of erosion,
leakage, or discharge.
19. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
20. Waste handling structures, piping, pins, reels, etc., should be inspected on a regular
.basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should
be kept on site.

Mad -&I-- M PERON --hAA
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm:
ter ..l
Owner/Manager Agreement
I (we) understand 'and will follow and implement the specification and the operation.and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above. I (we) know that any expansion to the existing design capacity o£the
waste treatment and storage system or construction of new facilities will require a new
certification to be submitted to the Division of Environment Management (DEM) before
the new animals are stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface wasters of the state from a storm event less
severe than the 25 -year, 24-hour storm. The approved plan will be filed on-site at the
farm office and at the office of the Iocal Soil and Water Conservation District and will be.
available for review by DEM upon request.
Name of Facility Owner-
(Please
wnerAll
(Please print)
Signature: Date:
Name of Manager(If different from owner):
Signature:
Date:
z - -s- { - 71
Name of Technical Specialist: (Please print) 4*4 !!�
r �
Affiliation.
Address (Agency): , a,
Signature: Date:
-2i -- 't. I f

A_�
NCDENR
North Carolina Department of Environment and NaturaT Resources
Michael F. Easley, Governor
Januar, 10. 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
J & K Farms
Mr. James C. Moore
PO Box 1
Harrells, NC 28444
SUBJECT: NOTICE OF VIOLATION
Green Farm
Facility No. 82-402
Permit No. AWS820402
Sampson County
Dear Mr. Moore:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting 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
Pen -nit.
On December 5, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality conducted
a routine compliance inspection of the above referenced farm in Sampson County. The inspection revealed that
irrigation had occurred outside of the application windows established in the WUP for the small grain overseed.
The WUP outlines the application windows for the small grain overseed as October -November and February -
March, pumping had occurred in December. It was also noted that lagoon freeboard level records were missing
for the dates between 1117101 and 511101. Weekly freeboard levels are a permit requirement.
TlT Division of Water Quality requests that the following item(s) be addressed:
1. Closely follo%N application .- indows established in the WUP.
2. Maintain weekly freeboard levels as required by the pen -lit.
Failure to comply with the above conditions may result in the facility losing its General Permit 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. 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. _
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PRION[ (910) 486-15.11 FAX [phone] WW%k%-ENR_S-rAT'E.NC.IJS"FNI2/
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Moore
1-10-02
Page 2
lfyou have an explanation for this violation that you wish to present, please respond to this office by
January 25, 2001. if you have any questions concerning this matter, please do not hesitate to contact Mr. Paul
Sherman, Environmental Engineer, or myself at [phone].
mps/PR
Cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Dawn Williamson -Murphy -Brown, LLC
Wilson Spencer -Sampson Co. NRCS
Central Files -Raleigh
St grey', n -
Paul E. Rawls
Regional Water Quality Supervisor

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
Mr. James Moore
.I and K Farms, Inc.
P. O. Box 1
Harrells, NC 28444
Dear Mr. Moore:
FRO
E EIA •.
OCT i
F�,tLz-r .� CDENR
REG. .
Ot)SH CA-RoumA p�a3rMexr of
ENVIRONMENT AND NATURAL PZSOURCES
October 4, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Remission Request Granted
High Freeboard Level
Farm #82-402
File No. PC 00-022
Under the authority delegated to me by the Secretary of the Department of Environment and
Natural Resources. I considered the factors related to the high freeboard level in your Iagoon that
occurred at your farm during February of this year. Because you reported the high: freeboard to the
Fayetteville Region Office, you promptly took action to reduce the freeboard level, and because a
survey showed the lagoon marker was incorrectly set, I have decided not to assess a civil penalty
in this case.
The Division of Water Quality appreciates your efforts to operate your farm in accordance
with state laws and regulations.
Sincerely,
Yr I - . -. - �--' 4' ". - �-
Kerr T. Stevens
cc: i ,500 awl, FRO Regional Supervisor
Bob Heath, FRO 4
File # PC 00-022
Central Files
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #32-01-01
An Equal Opporrunin_ � /Affi rmarive .3crion Enzplc dyer
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htrp://h 2o. ermstare.nc. its
Location:
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Raleigh, NC 27699-1617

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
0WA
•
a
James B. Hunt, Jr., Governor RECE1�! E_
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director AUG 17 2000 ENVIRONMENT AND NfrcruRAL RESOURCES
]+,.',; LTTE ILLE August 15, 2000
EG. C3 1 r=;CE
JAMES MOORS CERTIFIED MAIL
J AND K FARMS, INC. RETURN RECEIPT REQUESTED
P. O. BOX 1
HARRELLS, NC 28444
RE: Remission Request
J And K Fauns, Inc.
Farm #: 82-402
Sampson County
File # PC 00-022
Dear Mr. Moore:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed at the next scheduled conference on
September 14, 2000, and you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 581.
Sincerely,
0_"�
oe Albiston
Non -Discharge Compliance & Enforcement
cc: Paul Rawls, FRO Regional Supervisor w/attachment
Bob Heath, FRO Regional Office w/attachment
Central Files w/attachment
File # PC 00-022 w/attachment
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirnuative Action Employer
t 50% recycled/ 10% post -consumer paper
�21/vo http;//h2o.ennstate.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

State of North Carolina
10—
Department of Environment •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
JAMES MOORS
J AND K FARMS, INC.
P. O. BOX 1
HARRELLS, NC 28444
Dear Mr. Moore:
.9NCDENRMVV 1 2000 NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
EAYETTEVILLE
F3EG. Gi r'r%JE August 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Remission Request
J And K Farms, Inc.
Farm #: 82-402
Sampson County
File # PC 00-022
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed at the next scheduled conference on
September 14, 2000, and you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 581.
Sincerely,
01��
oe Albiston
Non -Discharge Compliance & Enforcement
cc: Paul Rawls, FRO Regional Supervisor w/attachment
Bob Heath, FRO Regional Office w/attachment
Central Files w/attachment
File # PC 00-022 w/attachment
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Ralcigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled/ l0%a post -consumer paper
http://h2o,enr.state.nc.us
Location:
512 N. Salisbury St.
Ralcigh, NC 27699-1617

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
JAMES MOORE
J AND K FARMS, INC.
P. O. BOX 1
HARRELLS, NC 28444
Dear Mr. Moore:
1 � •
RECEIVE"
ORTH CAROLINA DEPARTMENT OF
AVG 3 0 �J000 ENVIRONMENT AND NoxrURAL RESOURCES
LVUV
F'AYETTEV1LLE August 28, 2000
REG, pr--FlCE
RE: Remission Request
J and K Farms, Inc.
Farm or Permit #: AWS820402
Sampson County
File # PC 00-022
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed at the next scheduled conference which has
been changed from September 14, 2000 to October 4, 2000 and you will be notified about the
Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 581.
Sincerely,
Je Albiston
Non -Discharge Compliance & Enforcement
cc: 'Paul Rawls,-FRO-Regional_Supervisor
Central Files
File # PC 00-022
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St_
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http: //h2o. en r. state. nc. us

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
MR. KENNY MOORE
J AND K FARMS, INC.
P. O. BOX 1
HARRELLS, NC 28444
Dear Mr. Moore:
LI -c0
.LE
REG. C)=i:;CE
SUBJECT:
A ITO
;10�
NCDENR
NORTH CAROuNA DEPARTMENT OF
ENVIRONMENT AND NAMRAL RESOURCE5
June 29, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
General Permit Violation
Farm #82-402
Sampson County
File No. PC 00-022
This letter transmits notice of a civil penalty assessed against the J and K Farms, Inc.'s
Green Farm in the amount of $635.36 including $135.36 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 [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
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Location_
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Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses.the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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
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. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ 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 00-022
IN THE MATTER OF )
J AND K FARMS, INC. )
FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL } AND ASSESSMENT OF
PERMIT VIOLATIONS ) 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. J & H Farms, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. J & H Farms, Inc. owns and operates the Green Farm, a swine operation in
Sampson County.
C. J & H Farms, Inc. was issued Certificate of Coverage AWS820402 under General
Permit AWG 100000 for Green Farm on July 13, 1998, effective July 13, 1998,
with an expiration date of April 30, 2000.
D. Condition No. V. 3. of the "General Conditions" of the General 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 sixteen (16) inches of structural freeboard."
E. The CAWMP for J & H Farms, Inc. requires that the waste level in the lagoon
does not exceed twenty-three (23) inches.
F. In accordance with the General Permit, J & H Farms, Inc. notified the Fayetteville
Regional Office on February 2, 2000 that the waste level of the lagoon was ten
(10) inches.

91
G. The costs to the State of the enforcement procedures in this matter totaled
$135.36.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. J & H 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. J & H 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. J & H 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 terns, 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 J & H Farms,
Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-2$2.I(b)($).
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:
J & H Farms, Inc. is hereby assessed a civil penalty of:
$ IS 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
$ 0 d TOTAL CIVIL PENALTY, which is Y percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 135.36 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. 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.
-- IL -as - oo �Sz�
(Date) Kerr T. Stevens, Director
Division of Water Quality