310816_ENFORCEMENT_20171231

NUH I H LAHULINA
Department of Environmental Qual
II

A11,71filaffir or OIFII Pffifitriff
Oale IIoG- DY 200-7MOOO- I
APR 2 6 2007 C
WILMINGTON RE610NAL OFFICE
Rocklith Farm # I and
Oryptal Davis.
'Rose Hill. RO 28458
Duplin County
Permit no. f1Cn23181 6

INCIDENT SYNOPSIS -- CASE NO; DV-2007-0001
ENFORCEMENT ACTION 1 CIVIL PENALTIES
FARM NAME: Rockfish Farms #1 and 2 PERMIT NO: NCA231816
VIOLATOR NAME: Crystal Davis FACILITY NO: 31-0816
COUNTY: Duplin OFFICE: WIRO
CASE BACKGROUND
September 6, 2006 — Discharge Notice
On September 6, 2006, the WIRO received notice from Premium Standard Farms that animal
wastes were being discharged from Rockfish Farms into a field ditch that drains to Taylors Creek
(Class C Sw waters).
September 7, 2006 - Inspection
WIRO inspected the Rockfish Farm and found:
N Lagoon #1 freeboard level was at 8 inches (photos 1 & 2)
1► Lagoon #2 freeboard level was at 13 inches (photos 6 & 7)
N A pump discharge pipe was in the ditch (photos 3 to 5)
N No animal wastes were in the ditch
N Premium Standard was removing pigs
PHOTO COMMENTS
PHOTO NO,
COMMEMT .
1 & 2 .
Eightinches measured from top of cap
2
Waste level reached bottom of cap as per Usher?? Note no
stains or bath tub ring on inlet pipes and freeboard marker
3 & 5
1 Li uid in ditch is rainwater not ink animal wastes
The Farm Manager, Justin Usher, stated that the waste level in Lagoon #1 was high and he was
afraid that the lagoon would overflow and breech the dam. He tried to get assistance from
Premium Standard, but got no response. He tried to pump to Lagoon #2, but the pipe was too
short. Consequently, Justin Usher pumped an estimated 540,000 gallons of wastes from Lagoon
#1 to the field ditch. On September 5, Justin -Usher had reported to the WIRO, freeboards of 14
inches in Lagoon #1 and 15 inches in #2.
No samples were taken because there was no waste in the ditch,
Pumping wastes to the ditch was intentional, the Farm Manager (Justin Usher) did not deny it,
and the decision was the Farm Manager's, not the farm's owner (Crystal Davis). See attached
note (undated) from Justin Usher.
October 13, 2006 - NOV
A NOV was issued.October 13, 2006 citing two violations:
1 • Waste was pumped into a field ditch that discharged into Taylors Creek.
2. The Farm Manager, Justin Usher, certification as an animal wastewater operator is not
current.
dgl 02/9/2007

_October 23, 2006 - Response to NOV
Crystal Davis' response to the NOV was:
/► Justin Usher was hired in 2001 and supposedly had an up to date OIC certification. A
copy of his certification (dated December 1996) was attached.
►► Justin Usher's ditch pumping was without her knowledge or approval.
►► Justin Usher was fired and replaced by a Farm Manager recommended by Premium
Standard.
N She has invested money to remedy environmental issues-
2004 — Contracted Triple S Farms to reduce lagoon levels via aerway sprayer.
2005 — Spent $88,000 on a center pivotal irrigation system.
Currently - $21,000 to clean ditches and improve drainage.
- Purchased an aerway sprayer for $12,000.
- $28,000 for water cups to reduce water usage in the houses.
- Repaired lagoon influent pipelines.
M $33,000 has been lost in hog production as a result of removing all the hogs.
N A Public Notice was published in the newspaper; copy attached.
►► A sample of the Lagoon #1 effluent was obtained and data attached.
N She is a first grade school teacher with a "school teacher's income".
PREVIOUS VIOLATIOINS AND PENALTIES
There are five NODs and NOVs, and one penalty. The penalty, in 2004, was for a discharge.
The violations were:
L July 1997 -- NOD for lagoon erosion and unapproved spray field crops.
2. October 1998 — NOD for N2 over application and unapproved spray field crops.
3. September 2003 — NOV and Recommendation for Enforcement for a discharge, waste
ponding, and improper OIC inspection.
4. March 2004 -- $6,978.67 civil penalty (DV-04-002) for the September 2003 violations.
Discharge = $4,000
Application Runoff = $1,000
Failure to Inspect Site for Runoff = $1,000
Enforcement Costs = $978.67
Remission = $2,000
Case closed 7/15/2004,@ $4,978.67.
5. 'April 2006 — NOV for failure to submit Annual Certification Form.
SUGGESTED CIVIL PENALTIES
The suggested civil penalties:
$_10,000.00* for making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1.
$ 1,,000.00 for violating Condition No. V.2 of the NPDES Permit by failing to secure a
valid certified animal waste operator.
$ 11,000.00 Total Civil Penalty
$ 353.46 Enforcement costs
$. 11,3 53.46 Total Civil Penalty
*Major penalty $ for intentional and high volume (540,000 gallons) discharge.
dgl 02/9/2007

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Figure 1. Rockfish Farms #1 and #2, Facility #31,-816,
is located -west of Rose Hill on SR 1101 in
Duplin County, INC. Map created from 1988
USGS Rose Hill Quadrangle.

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PHOTO 1. Lagoon 1 at Rockfish Farms. Waste level around eight (8) inches
on September 7, 2006.
,r.
PHOTO 2. Lagoon 1 at Rockfish farms. Mr. Usher said that the waste level
within the lagoon reached the bottom of the PVC cap.

PHOTO 3. Pipe from hydrant where waste was pumped into field ditch from
Lagoon 1.

PHOTO 4. The field ditch drained into Taylors Creek.

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On September 6, 2006, Rockfish Farms of Rose Hill,'North
Carolina had a wastewater. spill. This was due to storm rainfall
of 12", rain two days later of 4", and next day of 1 '/2", for a
total of 17 1/2" on site.
Lagoon # .1 had a total of 2" before running over at this -time and it
was still raining. I called Premium Standard Farms and talked to
Jeremy Hill. I explained the problem, but got no response to
.problem from anyone. I tried to pump water in the other lagoon,
but pipe was too short and if Lkept it there, it would have washed
the dike- out of lagoon # 2. I did not know what else to do, I
panicked and put the hose in the ditch. The service lady came to
farm, heard the pump -running and called her boss. He came to
farm and shut off the pump. It had run about 3 hours at low r.p.m.
The next day I called DWQ at 7:00 am and left a message. Chester
Cobb returned my call at 8:00 am. I explained to him what had
.happened and he came out to the farm.
SEP 15 2006

On September 6, 2006, Rockfish Farms of Rose Hill,'North
Carolina had a wastewater spill. This was due to storm rainfall
of 12", rain two days later of 4", and next day of ' 1 '/2", for a
total of 17 1/2" on site.
Lagoon # . 1 had a total of 2" before running over atthis-time and it
was still raining. -1 called Premium Standard Farms and talked to
Jeremy Hill. I explained the problem , ,but got no response to
problem from anyone. I tried to pump water in the other lagoon,
but pipe was too short and if I,kept it there, it would have washed
the dike out of lagoon # 2. I did not know what else to do, I
panicked and put the hose in the ditch. The service -lady came to
farm, heard the pump running and called her boss. He came to
farm and shut off the pump. It had run about 3 hours at low r.p.m.
The next day I called DWQ at 7:00 am and left a message. Chester
Cobb returned my call at 8:00 am. I explained to him what had
happened and he came out to the farm.
SEP 15 2006

Michael F. Easley, Governor
0
William G. Ross Jr., Secretary
CO r North Carolina Department of Environment and Natural Resources
0 `C Alan W. Klimek, P.E. Director
Division of Water Quality
October 13, 2006
CERTIFIED MAIL_ # 7004 2890 0002 3418 0848
RETURN RECEIPT REQUESTED
Ms. Crystal Davis
Rockfish Farm #1 and 2
P.O. Box 757
Rose Hill, NC 28458-
Subject: Notice of Violation and Recommendation for
Enforcement
Case No, NOV-2006-DV-0059
Rockfish Farm #1 and 2
Facility Number: 31-816
Duplin County
Dear Ms. Davis:
This is to notify you of violations to North Carolina General Statute 143-215.1 and to Swine
Waste Management System General NPDES Permit NCA200000 issued on April 9, 2003 under
Certificate of Coverage NCA231816.
On September 7, 2006, staff from the Wilmington Regional Office of the Division of Water
Quality inspected the farm due to notification of waste discharge from the integrator and the
operator, Mr,- Juston'Usher. The staff observed piping -from a hydrant that led to a field ditch.
that drained into Taylors Creek. Taylors Creek is classified as class C Swamp waters of the
State within the Cape Fear River. Based on the size of the lagoon and drop in level, it was
estimated than about .542,500 gallons of waste was discharged into Taylors Creek. The
following violations are noted from the discharge:
1. Waste Discharged into Waters of the State
Waste was pumped into a field ditch. that discharged into Taylors Creek.
This is in violation of North Carolina General Statute 143-215.1 that states that no
person shall make an outlet into the waters of the State' without- having .obtained and
abided by the appropriate permit. This is also a violation Condition I.' 1 of NPDES
Permit NCA200000 that states ' in part that "Waste shall not reach surface waters or
wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or
through ditches not otherwise classified as state waters."
No hCarolina
Naturally
North Carolina Division of Watcr Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX (9t0) 350.2004 1.877.623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Ms. Davis
Page 2 of 3
October 13, 2006 .
2. - No Operator in Charge (OIC)
Upon further review at the office, it was found that Mr. Usher is not currently certified as
an animal wastewater operator, Grade AWA.
This is in -violation of Condition No. V. 2 of the NPDES Permit that states, "The
Permittee shall designate a certified animal waste management system operator with a
valid certification to be in charge of the animal waste management system. The waste
management system shall be operated by the OIC or a person under the OIC's
supervision."
In response to these violations, this office must receive the following information, within
fifteen (15) working days of the receipt of this notice:
a, A written explanation of the violations and a description of the actions to be taken to
prevent the recurrence of these violations.
b. A copy of the press release and public notice concerning the discharge.
c.• A copy of. the waste analysis that was done for the following parameters: fecal
coliform bacteria: five-day biochemical oxygen demand (BOD5); total suspended
solids (TSS); total phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TKN
as nitrogen; and nitrate.
You may wish to contact your County Soil & Water Conservation District Office, County
Extension office, a qualified technical specialist, and/or a professional engineer for any
assistance they may be able to provide.
Be advised that this Office is considering recommending assessment of civil penalties to
the Director of the Division of Water "Quality for the above noted violations. Failure to
respond may result in more violations. These violations may result in civil penalties of
up to $25,000 per violation in accordance with North Carolina General Statute 143-
215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in
,accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be
forwarded to the Director along with the enforcement package for his consideration.
Also, be advised that the Division of Water Quality may take further action in this matter
including injunctive relief and permit revocation.

Ms, Davis
Page 3 of 3
October 13, 2006
If you have any questions concerning this matter, please do not hesitate to call.Mr. Chester
Cobb at 910-796-7327.
Yovery truly
//
Charles F. Stehman, Ph.D., P.G.
Environmental Regional Supervisor If
cc: Billy Houston, Duplin, County Soil and Water Conservation District
Jeremy Hill, Premium Standard Farms of North Carolina, Inc.
Kenneth Best, Duplin County Health Department
John College, DSWC-WIRO
DWQ Non -Discharge Compliance/Enforcement Unit
APS Central Files
DWQ Wilmington Animal Files 31-816
S:IWQSIANIMALSIDUPLINl2006131-816 NOVRFE

Rockfish Farm #I and 2
P. 0. Box 757
Rose Hill, N.C. 28458-
October 23, 2006
9002 p S
Charles F. Stehman, Ph.D., P.G.
Environmental Regional Supervisor II
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, N.C. 28405
Re: Case No. Nov-2006-DV-0059
Facility Number 31-816
Duplin County
Dear Mr. Stehman,
On September 6, 2006 at 9:30 p.m., Mr. Juston Usher (the manager and certified waste
operator of Rockfish Farms) called to inform me that he had been confronted by Premium Standard
staff with his actions of allegedly pumping waste water into the field ditch on my farm. I had no
prior knowledge of Mr. Usher's actions.
I am a single woman without hands-on farm experience. I am a first grade teacher at Warsaw
Elementary School. I inherited this farm from my family and retained Mr. Usher hi 2001 to oversee
and manage it. I was in constant contact with Mr. Usher concerning all major decisions. Mr. Ushers
salary allowed him to hire his own employees and make day to day decisions that were in the farm's
best interest. Mr. Usher presented a certification and assured me that his certification was up to date
and in compliance with all'legal and permit conditions. As a result of the incident on September 6 h, I
immediately discharged Mr. Usher.
In the winter of 2004,1 was informed that lagoons were in the red and needed immediate
attention. I then contacted Mr. Johnny Smith (Tripe S Farms) to quickly reduce the lagoon levels
using an aerway. This was extremely expensive,, In November 2005,1 purchased a center pivot at a
cost of approximately $80,000.00, fully intending that its use would insure safe waste water levels in
the lagoons prevent any run off and give me peace of mind. The actions I have taken in the past and
those described in the next paragraphs should prove that I have never resorted to or believed in
illegal actions to solve problems. Having limited knowledge, I trusted Mr. Usher would (legally)
keep the lagoons at the appropriate levels. I.have always been willing to bear the expense to insure
that the farm ran smoothly.

Because of Mr. Usher's citation, my farm was completely evacuated'of hogs within one
week. I estimate that.the loss of hog production .for approximately 46 days of total down time cost
about $33,000.00. The next week Mr. Kenny Barnhill became manager and certified waste operator
for Rockfish Farris. He was recommended by Mr. John Sargent, for Premium Standard Farms. Mr.
BamEll assures me that as the onsite representative, he will assume full responsibility (including
any fines imposed) should a citation ever be imposed. I am confident that the lagoons will be
pumped down during the dryer, summer months to prepare for any storms and the winter season.
Since the incident, I have consulted with Mr. Billy Houston from Duplin County Soil and
Water for advice concerning the spray fields. W. John Kilpatrick has cleaned out all the ditches
and installed tile to further drain the land at a total cost of $2 1 ,000.00. I purchased an aerway
sprayer for approximately $12,000.00. I have ordered cup waters at a cost of $28,000.00 for all the
houses to decrease water usage. Some water lines are being repaired to insure good flow from the
houses to the lagoons. Two holding ponds were drained to prevent any possible problems. Coastal
bermuda and fescue will be planted on the other fields malting more land available to spray on. '
I have enclosed a copy of the waste analysis report and the press release. In reference to the
second violation, I have enclosed a copy of Mr. Justin Usher's wastewater operator's certificate.
Mr. Usher panicked on September 6 and made a mistake when he pumped waste in the ditch.
However, he carried out this action .entirely without my knowledge or approval and he no longer .
works on my farm. When considering this case, I would ask that you make note of who committed
the act on September 6`' and the remedial actions I have already taken due to this incident.
Moreover, please note that I am primarily a public school teacher with a teacher's income. I
have retained my interest in the farm in deference to my family's longstanding ties to the land.
Nevertheless; I stand by my responsibility to be a good steward and owner of the land.
Please feel free to contact me if you need other information or if I can add further details
which would assist you in your consideration of this matter.
Sincerely,
CryDavis

Vorrell JR).dc U Lindsay Ivey Best (SG) 6-1. 6-1
-H) 6-1, 6-1
60- 12 pounds -over. 1,000 square
heavier clay soils offim already
Doubles
-.feet) are available. Putting out 2
contain adequate ainounts of po -
0 .6-'-4 iohnsonjptaye� ISCI def. Pow--
or 3 pounds ofmatcriii aver-1,1300
tassium, grasses grown an thee
..
ell/pmqhnir (W-RM 11-2
-.
square feet Is nithcrdifficult to I
heavier soil may not benefit.
./Ekiyiiee (W-RH) def.
do'ev&ly, so tli -Vs one reason to
Another kood reasoin.ta use
use, 0-0-
e '22. lt'� also easy to
the O-G-22 is that, Ln-addleum to THE GRADE ORANALYS[S j
of a
Womberg/Best JSC) deK Evans/
put out a lot more than you need'
the pota -it also contains
potassium, mcontainsfertilizer is ilesfgnathd by ih;en
"T jw-][" 8�5
with thb othek products.
magnesium_ MakniEsfim is Often nunibeiis which are always
'deficient
%
Klibihtion
Kyou 're'&[�0fik hybrid Ber-_
apply
in the sand soils along IhAad In the same ord e A, d-
i
t!eatheid"Iji�iPfiiihnrMur-
-muda grasses, we a light-
_shdtpfnIU*niit5ejp"bei�Usc"_
the coast iv-Souilicaiatern North
Carolina. ditionaf nutrre-nts�may be listed
ray (WA _M &L Myra Eshuli/4es-
.
a prodfict-)Elie 5-5-15 (16 pounds
Mans inerciiindi,
sers:usually, elsbwherb.but are not typically'.
�-O! P*ai�(Scj 8-0,-.
;Per 1,000 s4We'feet) or 6 - 6- 18 -
don't stock these straight potas- corfilds-red partof the.0 rade.
NOUCE
EIIBLIC
Rockfish Farms of Rose Hffl' had a wastewater
'
spspilldve�. to execs rainfiftfrom_ Trocat .'
P1
-St6im Ertiesto, on S4tejhber 6,2066. There wag*
an -esthhafed.54'22 phone cif un�reateci rater that
entered intoThylor's Creek which runs IntoRockfish'
Creek. The Division of Water Quality came out to
review the situation ih.d the matter was taken cam
of by farm operator. For more iriftrnation, contact*
Rockfish Farins. at 910-2892627. r
ADY�gFISEM
Ill W. Quinn St., Reulavifle
Separate. sealed bids for renovations' to - the Phillip Lcff
Wmmial I-ibrary-lomled aI__807..B-. 1Bioad.Si_- Rculavjjle, NC
will be: received B�. theflfmlavilli Town Caw--m-issioners at the
office of ft Beelaville Tbwa Hall until 3:00 September 27.,
and then at said afficc-publ.i* npmr4 j-0 i--Pd
Caniplctc plans and spedfications for this -project can be
I
obtained at the Beulavjflt:Tbaa Hall. I I I W. Q-u'i inn St.. Benlaville.
NC.21351 8 during noniiii office -hours.,
Small minority and womens husinesses7 and labor surplus are"'
firms are encouraged to subibif bids.
The [own resdrm the unqu4ifi-cd right to reject any.aiid all
I
proposal.
I

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hereby certifies that
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pwmat to Nt& Caroma [ie mzI Stat L 143-215.74E as aYt . ' • ` _ -
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On September 6, 2006, Rockfish Farms of Rose Hill, North
Carolina had a wastewater spill. This was due to storm rainfall
of 12", rain two days later of 4", and next day of ' 1 I/z", for a
total of 17 1/z" on site.
Lagoon # 1 had a total of 2" before running over at this time and it
was still raining. -I called Premium Standard Farms and talked to
Jeremy Hill. I explained the problem, .but got no response to
problem from anyone. I tried to pump water in the other lagoon,
but pipe was, too short and if I kept it there, it would have washed
the dike out of lagoon # 2. 1 did not know what else to do, I
panicked and put the hose in the -ditch. The service lady came to
farm, heard the pump running and .called her boss. He came to
farm and shut off the pump. It had run about 3 hours at low r.p.m.
The next day I called DWQ at 7:00 am and left a message. Chester
Cobb returned my call at 8:00 am. I explained to him what had
happened and he came out to the farm.
SEP 15 2006

REGIONAL OFFICE CIVIL PENALTY PACKAGE
1. RO MEMO & PENALTY ASSESSMENT $ RECOMMENDATIONS
2. RO ENFORCEMENT CASE ASSESSMENT FACTORS
- 3. RO INSPECTION REPORT & FACILITY RESPONSE
4. PHOTOS & MAP
5. LABORATORY DATA

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
MEMORANDUM
TO: Todd Bennett, Environmental Engineer III O
Animal Feeding Operations Permitting and Compliance Unit
FROM: Chester Cobb, Environmental Specialist II
Wilmington Regional Office (/
THROUGH: Charles F. Stehman, Regional Environmental Supervisor 11
0,
Wilmington Regional Office �t
SUBJECT: Enforcement Report
Crystal Davis
Rockfish Farm #1 and 2
Facility Number: 31-816
Duplin County
DATE: January 16, 2007
Please find attached the subject enforcement report concerning the discharge at Rockfish
Farm in September 2006: On September 7, 2006, DWQ staff inspected the farm after having
received notification of discharge of animal waste into field ditch. DWQ staff observed the pipe
in the field ditch that the waste was pumped through. The ditch drains into Taylors Creek.
Also, the Facility was in violation of Condition No. V. 2 of NPDES Permit NCA200000 by not
having a valid certified animal waste management system operator.
A Notice of Violation and Recommendation for Enforcement (Case # NOV-2006-PC-0059) was
issued on October 13, 2006 for the discharge and the failure to have a certified operator.
It is recommended that appropriate civil penalties be assessed in accordance with G.S. 143-
215:6A(a)(2). It is also recommended that all of the enforcement costs incurred in the
investigation be recovered in the amount of $353.46 pursuant to G.S. 143-215.3(a)(9) and
G.S. 14313-282.1(b)(8).
If you have any questions, please contact me at 910-796-7327. RECEIVED 1 DIENR 1 DWQ
AQUIF;P-PR0TF(-,70N V .CTION
Attachments JAIL 18 2907
cc: Wilmington Regional Office (Entire Enforcement Package)
S:1WQSIANIMALSIDUPL1N12007131-816 Memo dVlirfl>da
North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext, Phone [phone] Customer Service
Internet: wwwmewateraualitv.orc Wilmington, NC 28405 Fax [phone]
An Equal OpportunitylAfflrmative Action Employer — 50% Recycledf10% Post Consumer Paper

Violator:
Farm Name:
Contact Person:
Address:
Facility #:
Receiving Stream:
Classification:
Regional Office:
Inspectors:
DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Ms. Crystal Davis
Rockfish Farm #1 and 2
Ms. Crystal Davis
P.O. Box 757
Rose Hill, NC 28458
31-816
Taylors Creek
Taylors Creek is Class C Sw Waters of the State
Wilmington
Chester Cobb and Jim Bushardt
Report Prepared By: Chester Cobb
Case Narrative:
Late in the evening on September, 6, 2006 Mr. Chester Cobb from the Wilmington Regional
Office received a call from Mr. Jeremy Hill -with Premium Standard Farms of waste being
pumped into a ditch at Rockfish Farm. A service .person with the company heard the pump
running.but did not see any application occurring. Company.representatives found waste being
pumped into a field ditch and shut the pump off. The following morning Mr. Cobb received a
call from the farm manager, Mr. Juston'Usher about the discharge.
On September 7, 2006, Mr. Cobb along with Mr. Jim Bushardt inspected the -farm. Upon
arriving at the farm, the freeboard level at Lagoon #1 was observed to be eight (8) inches (photos
1 - 2) and the level at Lagoon #2 at thirteen (13) 'inches (photos 6 — 7). The lagoon structures
were stable and the dike walls had well -established grass coverage. The pipe was still in the
ditch where the animal waste had been pumped (photos 3 — 5). No animal waste was observed in
the field ditch upon arrival. The field ditch drains into Taylors Creek. Mr. Usher said that the
waste level in Lagoon #1 was at the bottom of the pvc cap on the lagoon marker and that he was
afraid that the lagoon might overflow, breeching the dam. He said that he tried to get up with
Premium Standard Farms about the high level but received no response. The only call the
Wiimington.Regional Office received from Mr. Usher concerning the freeboard levels at
Rockfish Farm was on September 5, 2006. At that time, Mr. Usher reported freeboard levels of
fourteen (14) and fifteen (15) inches. Premium Standard -had started removing the pigs when we
arrived.

Farm and/or Company Compliance History:_ Include a copy of CAFO Designation letters,
previous NOV's, NOD's previous civil assessments, etc.
July 24, 1997 Notice of Deficiency issued for erosion on inner wall and for crops .
grown in sprayfields not listed in CAWMP.
October 12, 1998 Notice of Deficiency issued for over application of nitrogen to
field 3A and for crops planted' in sprayfields not listed in WUP.
September 10, 2003 Notice of Violation and Recommendation for Enforcement
issued for discharge to Waters of the State, waste ponding and
runoff, and improper inspection by OIC.
March 22,1004 Civil Penalty assessed for $6,978.67concerning case number. DV-
04-002. Case closed on July 15, 2004 after paying $4,978.67.
April 27, 2006 Notice of Violation issued for failure to submit Annual
Certification Form by March 1, 2006.
Amount of Waste Discharge (if applicable). If amount cannot be estimated, what is the rate
of flow reaching surface water.
The discharge was estimated to be 542,500 gallons based on the freeboard drop in Lagoon 91.
Mr. Usher said the lagoon was around 2 inches and the lagoon was around 8 inches the following
day.
Sample Results {If applicable) with locations of samples taken noted in relation to the
dischar a oint:
No samples were taken because by the time we arrived, there was no evidence of waste in the
ditch.
Violator's degree of cooperation(including efforts to prevent or restore recalcitrance:
The farm manager did not deny that he had pumped waste in the ditch.
Fish kill observed? YIN If yes, include report from WRC:
No fish kill observed at time of inspection.
_Mitigating Circumstances:
The decision to pump waste in the ditch was the farm manager's decision and not the owner's.
Recommendation:
The Wilmington Regional Office is recommending assessment of civil penalties to the Director
of the Division of Water Quality pursuant to'G.S. 143-215.6A.
Include a copy of the previously completed Animal Operations Inspection Form, pictures and
site sketch of waste flow if waste is discharged to surface waters. Also include violator's
response to Notice of Recommendation for Enforcement, If citing certified plan or permit
condition violations, include copies ofpermit or plan.

Assessment Factors required to be considered by G.S. 143B-282.1(b):
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
Unknown.
2. The duration and gravity of the violation:
The pump probably ran for several hours pumping animal waste into the ditch prior to the
discharge being discovered by a service person from Premium Standard Farms.
3. The effect on ground or surface water quantity or quality or on air quality:
Unknown.
4. The cost of rectifying the damage;
Unknown.
5. The amount of money saved by noncompliance:
Unknown.
6. Whether the violation was committed willfully or intentionally;
The writer believes that the farm manager committed the violation willfully. Mr. Usher made
the decision to pump the animal waste into the ditch.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
Notice of Defici_ency was issued on July 24, •1997 for erosion on inner wall and for crops
grown in sprayfields not listed in CAWMP.
Notice of Deficiency was issued on October 12, 1998 for over application.of nitrogen to field
3A and for crops planted in sprayfields not listed in WUP.
Notice of Violation and Recommendation for Enforcement was issued on September 10,
2003 discharge to Waters of the State, waste ponding and runoff, and improper inspection by
OIC.
Civil Penalty assessed for $6,978.67conceming case number DV-04-002.
Notice of Violation was issued on April 27, 2006 for failure to submit Annual Certification
Form by March 1, 2006.

8. The cost to the State of the enforcement procedures:
The State's enforcement costs
totaled $353.46, as follows:
Staff, Cobb,
10 hours @ $22.70/hour
$227.00
Pictures
7 @ $0.33 each
$ 2.31
Samples
0 Fecal @ $20.00/sainple
$ 0.00
Samples
0 Nutrients @ $115.00/sample
$ 0.00
Mileage
105 miles @ $0.23/mile
$ 24.15
Administrative Costs
$100.00
Total
$ 353.46

CD'i'v1!sZoin of Water Quality
1F4Cility Number � �j n of Soil and Water Conservation
Q Other Agency
Type of Visit Compliance Inspection O Operation Review O Structure Evaluation O Technical Assistance
Reason for Visit O Routine O Complaint O Follow up O Referral oEmergency O Other ❑ Denied'Access
Date of Visit: Arrival'l ime:lepartore'Time: CUuntV: ��+e✓ZL Region:
Farm Name:"� ��, f� G "' Owner Email:
Owner Name: Phone:
Mailing Address:
Physical Address:
Facility Contact: Title: Phone No:
Onsite Representative. "2� Ilntegrator
Certified Operator: Operator Certification Number:
Back-up Operator: .,,, �_ _ Back-up Certification Number:
Location of Farm: Latitude: =o Longitude: ❑°
:`.Design'. Current; Design Current Design Current .
Swine,.. y Capacity Population,; , Wet Poultrp .Capacity Poptlation _ ';Cattle' ;,Capacity Population.
❑ Wean to Finish : ❑Laver
❑Wean to Feeder ❑ Non -Layer
[] Feeder to Finish
y] Farrow to Wean Dry Poultry
❑ Farrow to Feeder
❑ Farrow to Finish ❑ La ers
❑ Gilts ❑ Non -Lavers
Poults
Other
Discharges &Stream Impacts
1. Is any discharge observed from any part of the operation"
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other
a. Was the conveyance man-made?
❑ Dairy Cow
❑
Dairy Calf
❑
Dairy Heifer
❑
Dry Cow
❑
Non Dairy
❑
Beef Stocker
❑
Beef Feeder
❑
Beef Brood Cow
Number-of.Structures:
b. Did the discharge reach waters of the State? (lf yes, notify DWQ)
c. What is the estimated,volu►ne that reached waters of the State (gallons)?
d, Does discharge bypass the waste management system? (I f yes, notify DWQ)
2. is there evidence of a past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
other than from a discharge?
Page I of 3
❑ Yes ]Yo ❑ NA ❑ NL
❑ Yes
❑ No
❑ NA
❑ NC
❑ Yes
❑ No
❑ NA
❑ NE
❑ NA
❑ N1
❑ Yes
❑ No
Xyes
❑ No
❑ NA
❑ NE
❑ Yes,VNo
❑ NA
❑ NL
12128104 Co►itinued

Facility Number: ;( —0.� Bate of inspection
Waste Collection & Treatment
4, is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
XYes
❑ No ❑ NA ❑ NE
a. If yes, is waste level into the structural fre6board?
r
[ Yes
❑ No ❑ NA ❑ NF,
Structure I Structurf►e12 Structure 3 Structure 4
I
Structure
5 Structure 6
Identifier: i&—,
Spillway?:�'�
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
gNo ❑ NA ❑ NE
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not. properly addressed and/or managed
Yes
_f
!~/J No ❑ NA El NE
through a waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental
threat, notify DWQ
7. Do any of the structures need maintenance or improvement? .
Yes
❑ No ❑ NA ❑ NE.'
8. Do any of the stuctures lack adequate markers as required by the permit?
❑ Yes
No ❑ NA ❑ NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
/
9. Does any part of the waste management system other than the waste structures require
❑ yes
No ❑ NA ❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
❑ No ❑ NA �NE
maintenance/improvement?
11. Is there evidence of incorrect application'? If yes, check the appropriate box below.
❑ Yes
❑ No ❑ NA Z NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ .Heavy Metals (Cu,
Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs ' []Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area
12. Crop types)
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
15. Does the receiving crop and/or land- application site need improvement?
❑ Yes
❑ Yes
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ Yes
17. Does the facility lack adequate acreage for land application? ❑ Yes
18. Is there a lack of properly operating waste application equipment?
Cl Yes
❑ No
❑ NA ZNE
❑ No
❑ NA gfNE
❑ No
❑ NA)Z NE
❑ No
❑ NA NE
❑ No
❑ NA 9NE
Comments (refer to!question-#):.Explain any YES answers and/or itny.recotninendatloits or.'any other'6rn nients
Use drawings of facil ty,tn better explain,situntlaus..(gse additional pages asnedcssary):
WA 7-624
g�c�
Reviewer/inspector Namc/l?' Phone:
Reviewer/Inspector Signature: a J Date: t7rG
Pacre 2 of 12/2 /04 Continued

Facility Number- —t (! Date of luspection
Required Records & Documents
19. Did the facility W1 to have Certificate of' Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes [:]No ❑ NA NE
the appropriate box.
❑ WllP ❑ Checklists - El Design ❑Maps ❑ Other
21. Does record keeping need improvement? if yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification
❑ :Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monihly and 1" Rain Inspections ❑ Weather Code
22, Did the facility fail to install and maintain a rain gauge?
23, if selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
24. Did the facility fail to calibrate waste application equipment'as required by the permit?
25. Did the facility fail to conduct a sludge survey as required by the permit'?
26. Did the facility fail to have an actively certified operator in charge?
27, Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
Other Issues
28, Were any additional problems noted which cause non-compliance of the permit or CAWMP?
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report the mortality rates that were higher than normal?
30. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately
31. Did the facility fail to notify the regional office of emergency situations as required by
General Permit'? (ie/ discharge, freeboard problems, over application)
32. Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ NA �NE
❑ NA CRINE
le—
❑ NA ZONE
❑ NA ONE
if
❑NA NE.
❑ NA ;ZNE
❑ Yes
❑ No
❑ NA
NE
❑ Yes
❑ No
❑ NA
NE
❑ Yes
❑ No
❑ NA
ONE
❑ Yes �2`No ❑ NA ❑ NE
❑ Yes /Ff'No ❑ NA ❑ NE
33. Does facility require a follow-up visit by same agency?
❑ Yes ZNo
❑ NA
❑ NE
A ddiiionah,Comments:and/or Di avvutga: r;: i :' '
_
t `
r , Cr.17W041^<2 IV P alv [,//v ' v (� .
i
"Y4�i-n
C 4�5
17
Page 3 of 3 �,-CJ��,v9 �`%G%/d.(° �i��.o'� w � l�i�.�Gf �.,�1''lj��� 12128104

N
0 1,700 3,400 6,800 Feet
W E
S
Figure 1. Rockfish
Farms #1 and
#2,
Facility #31-816,
is located
west of Rose
Hill
on SR 1101 in
Duplin County, NC. Map created from 1988
USGS Rose Hill Quadrangle,

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•1
PHOTO 6. Pipe from hydrant where waste was pumped into field
r, � t'r ��'lc..frvFr,' �j'"r �r.t.i�,Yq- Yh-7 ir� 'G�,r• '� �I� \rr1'r I"��i li:?'^ r_.rr+` L ' r ..._ ,
ditch
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Wb06
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ltIr.
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1 ,KI
i l^2,,iF'A`?Y'4tt"N:dlSLl+/:lrtYr:Ys�✓s
PHOTO 7. The waste level in Lagoon 2 was around thirteen (13) inches.

CENTRAL OFFICE PENALTY ASSESSMENT PACKAGE
le DWQ ASSESSMENT OF CIVIL PENALTIES LETTER
2. DWQF&D
3. WAIVER OF RIGHT TO HEARING FORM
4. JUSTIFICATION FOR REMISSION REQUEST FORM
S. DWQ (8) ASSESSMENT FACTORS
6. PENALTY ASSESSMENT E-MAILS

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
February 28, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7006 2150 0003 5466 2122
Ms Crystal Davis
Rockfish Farms #1 and 2
P.O. Box 757
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N,C. General Statute(s) 143-215.1
Farm # 31-816
Duplin County
File No. DV-2007-0001
Permit No. NCA231816
Dear Ms Davis:
This letter transmits notice of a civil penalty assessed against Crystal Davis in the amount of $11,353.46
which includes $353.46 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 and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new'enforeement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the -order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
N�w Caro ina
raturalr�
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: httn://h2o.enr.state.oc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 500/. Recycled/l0% Post Consumer Paper

Crystal Davis
Page 2
February 28, 2007
2. Submit a written request for remission including it 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 Iegal 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 Quality 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 -2 82. 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 Quality will review your evidence and inform
you of his 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 Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative Bearing 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. 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

Crystal Davis
Page 3 '
February 28, 2007
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 original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received -in the Office of Administrative Hearings
within five (5) business days following the faxed_ transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition:
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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. 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 Dennis G. Lund at [phone]
Sincerely...
eodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Regional Supervisor w/ attachments
Chester Cobb, WIRO w/ attachments
File # DV-2007-0001 ' w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
FILE NO. DV 2007-0001
IN THE MATTER OF )
CRYSTAL.DAVIS }
FOR VIOLATIONS OF SWINE WASTE ) FINDINGS AND DECISION
NPDES PERMIT NCA200000 ) AND ASSESSMENT OF
PURSUANT TO NORTH CAROLINA } CIVIL PENALTIES
GENERAL STATUE 143-215.1 )
Acting pursuant to delegation provided by the Secretary of the Department *of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water (DWQ),
make the following:
I. FINDINGS OF FACT:
A. Crystal Davis owns and operates the Rockfish Farms #1 and .2, a swine animal
operation located west of Rose Hill, NC along SR1101 in Duplin County.
B. Crystal Davis was issued Certificate of Coverage NCA231816 under Swine Waste
Management System General NPDES Permit NCA200000 issued pursuant to
North Carolina General Statute 143-215.1 on April 9, 2003, effective on April 9,
2003, with an expiration date of July 1, 2007 for the operation of a swine waste
collection, treatment, storage and application system.
C. On September 7, 2006, DWQ staff inspected the farm after having received
notification of the discharge of animal wastes into a field ditch. DWQ staff
observed the pipe in the field ditch that the waste was pumped through. The ditch
drains into Taylors Creek. Taylors Creek is classified as Class C Sw waters of the
State within the Cape Fear River Basin.
D. Crystal Davis had no valid permit for the above -described activity.
E. Condition No. V. 2 of NPDES Permit NCA200000 states ' The Permittee shall
designate a, certified animal waste management system operator with a valid
certification to be in charge of the animal waste management system. The waste
management system shall be operated by .the 'OIC or a person under the OIC's
supervision."

F. After September 7, 2006, it was learned that there was no valid certified animal
waste management system operator for the facility,
G. The cost to the State of the enforcement procedures in this matter totaled $353,46
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Crystal Davis 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. Taylors 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 into 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. - Crystal..Davis may be assessed. civil penalties 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) 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. 1.43-215.1.
F. Crystal Davis violated Condition No. V. 2 of NPDES Permit NCA200000 by
failing to secure a valid certified animal waste management system operator for
the facility.
G. Crystal Davis may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) .
which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against a person who fails to act in
accordance with the terms, conditions, or requirements of a permit required by
G.S. 143-215.1.
H. The State's enforcement costs in this matter .may be assessed against Crystal
Davis pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)($).
I. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 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, Crystal Davis is hereby assessed a civil penalty of:
-for making an outlet. to the waters of the State without a
permit as required by G.S. 143-215.1.
$ p O for violating Condition No. V. 2 of NPDES Permit
NCA200000 by failing to secure a valid certified' animal
waste management system operator for the facility.
$ $353.46
TOTAL CIVIL PENALTY
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 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.
/;2, x/v ;2
(Date)
Theodore L. Bush,Tr., Chief
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CRYSTAL DAVIS
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.' DV-2007-0001
Having been assessed civil penalties totaling' $11,353.46 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated February28, 2007 , 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..
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 Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of _ _ .2007
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2007-0001 County: Duplin
Assessed Party: Crystal Davis
Permit No. (if applicable): NCA231816" Amount Assessed: $11,353.46
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 evaluating
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. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only 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 N.C.G.S. 143B-282,1 b
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resultin 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 enalties for any previous violations,
(e) payment of the civil prevent remaining necessary
_pena t will revent payment or the
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary

■ Complete items 1, 2, and 3. Also complete
A Signature
item 4 If Restricted Delivery is desired.
❑Agent
X
0 Print your name and address on the reverse
m AddresseeI.
so that we can return the card to you.
R Rece by (Pr erne)
C. Date of Delivery
■ Attach this card to the back of the malipiece,
cm, d?
or on the front if space permits.
1. Article Addressed to:
D. I delivery address different from item 17 ❑ Yes i
If YES, enter delivery address below: i] No
i
CRYSTAL DAVIS
'z.
FARMS #1 AND 2.
ROCKFISH
l
PO BOX 757
ROSE HILL NC 28458 s,
3' service
Certifieeddmail © Express Mail
Regletered ❑ Return Receipt for Merehandiea
❑ Insured Mall ❑ C.O.D.
??,,��
4. Restricted Defivery? Atft Fee) ❑ Yes
2, Article Number
7006 2150
0003 5466 2122
_(ftnsmrftmsemcelabel)
PS Form 3811, February 2004 Domestic Return Receipt 102685-0z-HF18Ac

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: Crystal Davis
County: Duplin ' Case Number: DV-2007-0001
Permit Number: NCA231816
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;
4-et,?
__? s I
2) The duration and gravity of the violation; J
7t
3) T''hII a effect on ground or surface water quantity or quality or on air quality;
LL
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally; j
T.w� �0�, vw I �� L�,s� USA--" t� 015 i "_dI c ry ` �
w as �..... f—�•1�.,.� Q yl-e.Ie_,Z>,r, a . 7 .-�...d'c.� 4 . -F,/o C_')
1'1 ' OvY'y Ira" r+ c�.✓`,ty� i'�2, n..' 1' i 4. t
to_YN
7) The prior record of the violator in complying or failing to COE ply with programs ove
which the Environmental Management Commission has regulatory authority; and
�,J � � 4 ;,
C``y^ Pre? v '� w � s �' '. Gz S oT rroT
8) The cost to the State of the ... enforcement procedures.
p�, /
$353.46 S -
2Z2,11-2. .
Dad

[Fwd: ROCKFISH FARM 1 & 2]
Subject: [Fwd: ROCKFISH FARM 1 & 2]
From: Dennis Lund <[e-mail]>
Date: Tue, 30 Jan 2007 12:21:47 -0500
To: chester Cobb <[e-mail]>
X-Mozilla-Status: 0001
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Thoughts on penalties for this case?? (1) Intentional discharge of 540,000 gallons
and (2) Invalid operator.
-------- Original Message --------
From: - Fri Jan 26 13:50:32 2007
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Message -ID: <[e-mail]>
Date: Fri, 26 Jan 2007 13:50:32 -0500
From: Dennis Lund <[e-mail]>
User -Agent: Thunderbird 1.5.0.9 (Windows/20061207)
MIME -Version: 1.0
To: chester cobb <chester.cobb@ncmail-net>
Subject: ROCKFISH FARM 1 & 2
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Please email a copy of the F & D for Rockfish.
1 of 1 4/24/2007 8:41 AM

Re: [Fwd: ROCKFISH FARM 1 & 2]
Subject: Re: [Fwd: ROCKFISH FARM 1 & 2]
From: Chester Cobb <[e-mail]>
Date: Tue, 30 Jan 2007 13:20:56 -0500
To: Dennis Lund <[e-mail]>
CC: CHARLES STEHMAN <[e-mail]>
Return -Path: <[e-mail]>
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Here'is the F & D for the discharge at Rockfish.
This is somewhat of a difficult case to know how much to assess given the
following:
1) the guy, Juston Usher, who was managing the farm for Ms. Davis is the one who
made the decision to pump the waste in the ditch. Ms Davie has not really been
involved with the farm.
2) I was not able to get any physical evidence that he pumped waste in the
ditch. All I have is the pictures of the pipe in the ditch and a phone call from
Jeremy Hill that waste was being pumped in the ditch.
3) No documentation of any environmental impacts.
Given that this Facility was fined $6,978.67 in 2003 for a discharge, I would say
that this fine would need to be more. I would say $1,000 for the permit violation
and at least double the amount for the discharge.
Chester
Dennis Lund wrote:
Thoughts on penalties for this case?? (1) Intentional discharge of 540,000
gallons and (2) Invalid operator.
-------- Original Message --------
From: - Fri Jan 26 13:50:32 2007
X-Mozilla-Status: 0001
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Message -ID: <[e-mail]>,
Date: Fri, 26 Jan 2007 13:50:32 -0500
From: Dennis Lund <[e-mail]>
User -Agent: Thunderbird 1.5.0.9 (windows/20061207)
MIME -Version: 1.0
To: cheater Cobb <chester. cobb@ncmail. net>
Subject: ROCKFISH FARM 1 & 2
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1 of 2 4/24/2007 8:37 AM

Re: [Fwd: ROCKFISH FARM 1 & 2]
Please email a copy of the F & D for Rockfish.
Chester Cobb <chester.cobb(a7ncmail.net>
Environmental Specialist
Aquifer Protection
i
Division of Water Quality
Content -Type: apptication/msword
31-816 dv.doc
Content -Encoding: base64
2 of 2 4/24/2007 8:37 AM

Re: [Fwd: ROCKFISH FARM I & 2]
Subject: Re, [Fwd: ROCKFISH FARM 1 & 2]
From: Dennis Lund <[e-mail]>
Date: Tue, 30 Jan 2007 13:37:18 -0500
To: Chester Cobb <Chester. Cobb @ncmail.net>
X-Mozilla-Status: 0001
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I understand what you are saying. You are thinking $12,000 for the discharge or
$2,000?? Normal discharge fines are $4,000 to $5,000. The last major discharge I
had was"$10,000 for discharging 400,000 gallons at Hendrix Livestock.
Chester Cobb wrote:
Here is the F & D for the discharge at Rockfish.
This is somewhat of a difficult case to know how much to assess given the
following:
1) the guy, Juston Usher, who was managing the farm for Ms. Davis is the one
who made the decision to pump the waste in the ditch. Ms Davis has not really
been involved with the farm.
2) I was not able to get any physical evidence that he pumped waste in the
ditch. All I have is the pictures of the pipe in the ditch and a phone call
from Jeremy Hill that waste was being pumped in the ditch.
3) No documentation of any environmental impacts.
Given that this Facility was fined $6,978.67 in 2003 for a discharge, I would
say that this fine would need to be more. I would say $1,000 for the permit
violation and at least double the amount for the discharge.
Chester
Dennis Lund wrote:
IThoughts on penalties for this case?? (1) Intentional discharge of 540,000
gallons and (2) Invalid operator.
-------- Original Message --------
From: - Fri Jan 26 13:50:32 2007
X-Mozilla-Status: 0001
X-Mozilla-Status2: 00800000
Message -ID: <[e-mail]>
Date: Fri, 26 Jan 2007 13:50:32 -0500
From: Dennis Lund <dennis. lund@ncmail. net>
User -Agent: Thunderbird 1.5.0.9 (Windows/20061207)
MIME -Version: 1.0
To: cheater Cobb <[e-mail]>
Subject: ROCKFISH FARM 1 & 2
Content -Type: text/plain; charset=ISO-8859-1; format=flowed
Content -Transfer -Encoding: 7bit,r
Please email a copy of the F & D for Rockfish.
1 of 2 4/24/2007 8:41 AM

Rockfish Farm 1 & 2
n
Subject: Rockfish Farm 1 & 2
From: Chester Cobb <[e-mail]>
Date: Wed, 31 Jan 2007 09:27:03 -0500
To: Dennis Lund <[e-mail]>
CC: CHARLES STEHMAN <[e-mail]>
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The File No. DV-04-002 Me. Davis was fined $4,000 for the discharge and $2,000 for
two permit condition violations. For this case, I would say around-$8,000 to
$10,000 for the discharge and $1,000 for the permit condition violation.
Chester
Chester Cobb <chester.cobb cAncmail.net>
Environmental Specialist
� 3
1 Aquifer Protection
Division of Water Quality
1 of 1 2/8/2007 9:13 AM

Re: Rockfish Farm 1 & 2
Subject: Re: Rockfish Farm 1 & 2
From: Dennis Lund <[e-mail]>
Date: Wed, 31 Jan 2007 09:57:03 -0500
To: Chester Cobb <[e-mail]>
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Probably go with the $10,000 to be consistent with other high volume and
intentional/questionable discharges.
Chester Cobb wrote:
The File No. DV-04-002 Ms. Davis was fined $4,000 for the discharge and $2,000
for two permit condition violations. For this case, I would say around $8,000
to $10,000 for the discharge and $1,000 for the permit condition violation.
Cheater
1 of 1 4/24/2007 8:41 AM

ADMINISTRATIVE HEARING PETITION
COVER LETTER
PETITION

RICHARD L. B(1RROW5
FREDRIC C. HALL
BUKKOW5 8 HALL
ATTORNEY5 AT LAW
317 NORTH NORWOOD STREET
P.O. BOX 816
WALLACE. NC 28466
March 22, 2007
Office of Administrative Hearings
ATTN: CLERK
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Re: Crystal Davis vs. NCDENR
Dear Sir/Madam:
TELEPHONE [phone]
FACSIMILE [phone]
CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, ARTICLE
NO, 7006 0810 0005 9240 1287
RECEIVED I DENR i 0VV0
AC,UjFPR'PRnTFI ; T f ON RK-1 [ON
MAR 2 6 2007
In connection with the above, please find enclosed the Petition for Administrative Hearing,
and two copies, which I would appreciate your filing and returning the filed copy to me in the
enclosed envelope.
By a copy of this letter, I am forwarding copies of the Petition to all interested parties.
Thanking you for your assistance, I am
Very truly yours,
Richard L. Burrows
RLB : raj
cc:'Ms. Mary Penny Thompson (Certified Mail, Article No. 70060810000592401294)
Mr. Dennis G. Lund (Certified Mail, Article No. 70060810000592401300)
Ms. Crystal Davis
Enclosures

STATE OF NORTH CAROLINA
NORTH CAROLINA
COUNTY OF DUPLIN ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO: 07 EHR
IN THE MATTER OF ]
CRYSTAL DAVIS ]
]
FOR MAKING AN OUTLET TO THE ] RECEiV1r0 i DE;'i'R i GIANQ
WATERS OF THE STATE OF NORTH 1 AQUIPF-P-P ,'ITF-,-,Tiors,V-(,TON
CAROLINA WITHOUT A PERMIT - ]4j'; 2007,
PETITION FOR ADMINISTRATIVE
HEARING PURSUANT TO N.C.G.S. 150B-23
Now comes Crystal Davis,(hereafter "Petitioner"), by and through her counsel, Richard L.
Burrows, of the firm of Burrows & Hall, and respectfully petitions the Court for an Administrative
Hearing pursuant to the provisions of N.C.G.S. § 150B-23, and shows as follows:
1. That at all times pertinent to the matters in controversy, your Petitioner was the owner of
RockfishFarms #1 and 2, a swine operation located west of Rose Hill, NC along SR 1101 in Duplin
County, North Carolina.
2. On the date in question in DENR File No. DV 2007-0001, Petitioner was lawfully
operating her swine facility in compliance with the applicable statutory rules and regulations.
Petitioner is informed and believes that the pipe in the field Glitch was the criminal act of the swine
facility's former manager. The actions of the swine facility's former manager were outside the
scope of his authority and completely unknown to and against all directions of the Petitioner.
Petitioner immediately replaced the manager as a result of his illegal activities.
1

V
3. The Petitioner was unaware that the former manager of her swine facility had let his
certified animal waste management system operator certification lapse. Petitioner had instructed the
manager to keep all his certifications current.
4, Petitioner is further informed and believes that the Findings and Decision and Assessment
of Civil Penalties is legally erroneous, arbitrary, capricious, and is not supported by competent
evidence or facts, and the conclusions drawn therefrom are therefore legally improper.
5. The Director's Conclusions of Law are insufficient as a matter of law to support a penalty
assessment.
6. The assessed civil penalties, totaling $11,000.00 for "making an outlet to the waters of
the state", and for "violating Condition No. V. 2 ofNPDES Permit NCA200000 by failing to secure
a valid certified animal waste management system operator.for the facility" are not supported by
competent evidence, and incorrectly applied the statutory rules mandated by the legislature of the
State of North Carolina. Petitioner is informed and believes that the Director did not properly
considerthe factors required by N.C.G.S, § 143-215.6A(c) and § 143B-282, but arrived at the penalty
assessments by use of a predetermined formula applicable to a broad class of events, rather than a
reasoned decision based upon statutorily mandated factors for each individual case. That this
process neither procedurally nor substantively considers or implements the requirements of § 143B-
282(b) with respect to this or other similar occurrences.
7. There is no evidence of either any actual or reasonable costs associated with any
investigation, inspection or monitoringthat resulted in the investigation of the alleged violation, or
of any actual or reasonable costs associated with the enforcement of the state regulations in this case
that would either justify or support the Director's conclusion and assessment of costs'in the amount
of $353.46 in this case.
2

-DJ -P , e-tti e • 7Gl--es e
certified animal waste management system operator certification lapse. Petitioner had instructed the
manager to keep all his certifications current.
4. Petitioner is further informed and believes that the Findings and Decision and Assessment
of Civil Penalties is legally erroneous, arbitrary, capricious, and. is not supported by competent
evidence or facts, and the conclusions drawn therefrom are therefore legally improper.
5, The Director's Conclusions of Law are insufficient as a matter of law to support a penalty
assessment.
6. The assessed civil penalties, totaling $11,000.00 for "making an outlet to the waters of
the state", and for "violating Condition No. V. 2 of NPDES Permit NCA200000 by failing to secure
a valid certified animal waste management system operator for the facility" are not supported by
competent evidence, and incorrectly applied the statutory rules mandated by the legislature of the
State of North Carolina. Petitioner is informed and believes that the Director did not properly
consider the factors required by N. C. G. S. § 143-215.6A(c) and § 143B-282, but arrived at the penalty
assessments by use of a predetermined formula applicable to a broad class of events, rather than a
reasoned decision based upon statutorily mandated factors for each individual case, That this
process neither procedurally nor substantively considers or implements the requirements of §143B-
282(b) with respect to this or other similar occurrences.
7. There is no evidence of either any actual or reasonable costs associated with any
investigation, inspection ormonitoring that resulted in the investigation of the alleged violation, or
of any actual or reasonable costs associatedwith the enforcement of the state regulations in this. case
that would either justify or support the Director's conclusion and assessment of costs in the amount
of $353,46 in this case.
2

WHEREFORE, your petitioner, having disputed the findings and conclusions of law, as well
as the penalties and costs assessed by the Director in this case, respectfully requests an
Administrative Hearing, as provided by law. .
Dated: March _Q Z , 2007
BURROWS' I. ALL
BY.
Richard L. Burrows
State Bar # 637
P. 0. Box 816
Wallace, N. C. 28466
[phone]
Attorney for Petitioner
9

CERTIFICATE OF SERVICE
I, Richard L. Burrows, of P.O. Box 816, Wallace, North Carolina, 28466, do hereby certify:
That I am at all times hereinafter mentioned, more than eighteen (18) years of age.
That on the date hereafter set out, I filed and served copies of the foregoing Petition for
Administrative Hearing on the following, by mailing copies by Certified Mail, Return Receipt
Requested, postage prepaid, addressed as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, North Carolina 27699-160.1
and
Mr Dennis G.'Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
I hereby certify under penalty of perjury that the foregoing is true and correct.
Dated: March .z� , 2007
Richard L. Burrows
0

RICHARD L. BUKROWS
FREDRIC C. HALL
Bupmows 8 HALL
ATTORNEY5 AT LAW
317 NORTH NORWOOD STREET
P.O. BOX 816
WALLACE. NC 28466
March 27, 2007
Office of Administrative Hearings
ATTN: CLERK
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Re: Crystal Davis V. NCDENR
Dear Sir/Madam:
TELEPHONE [phone]
FACSIMILE [phone]
CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, ARTICLE
NO. 7006 0810 0005 9240 1652
RECEIVED I OENR I DVVQ
AQ01FgR-Qr,nTR'T1nN SECTION
MAR 2 G 2007
In connection with the above, please find enclosed the Amended Petition for Administrative
Hearing, and two copies, which I would appreciate your filing and returning a filed copy to me in
the enclosed envelope. The original Petition that was sent in for filing had two Page 2s, and we are
filing the Amended Petition to alleviate any confusion.
parties.
By a copy of this letter, I am forwarding copies of the Amended Petition to all interested
Thanking you for your assistance, I am
Very trul yours, .
Richard L. Burrows
RLB:raj
cc: Mary Penny Thompson (Certified Mail, Article No. 7006 0810 0005 9240 1669)
Dennis G. Lund (Certified Mail, Article No. 7006 0810 0005 9240 1676)
Crystal Davis
Enclosures

STATE OF NORTH CAROLINA
NORTH CAROLINA
COUNTY OF DUPLIN ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO: 07 EHR
IN THE MATTER OF
CRYSTAL DAVIS
FOR MAKING AN OUTLET TO THE ]
WATERS OF THE STATE OF NORTH, ]
CAROLINA WITHOUT A PERMIT ]
AMENDED PETITION FOR ADMINISTRATIVE
HEARING PURSUANT TO N,C.G.S. 150B-23
RECEIVED 10ENR 10WQ
AQUIFFR-PRnTF0T10N,qFCT10N
MAR 2 � 20071
Now comes Crystal Davis, (hereafter "Petitioner"), by and through her counsel, Richard L.
Burrows, of the firm of Burrows & Hall, and respectfully petitions the Court for an Administrative
Hearing pursuant to the provisions of N.C.G.S. §150B-23, and shows as follows:
1. That at all times pertinent to the matters in controversy, your Petitioner was the owner of
Rockfish Farms #1 and 2, a swine operation located west of Rose Hill, NC along SR 1101 in Duplin
County, North Carolina.
2. On the date in question in DENR File No. DV 2007-0001, Petitioner was lawfully
operating her swine facility in compliance with the applicable statutory rules and regulations.
Petitioner is informed and believes that the pipe in the field ditch was the criminal act of the swine
facility's former manager. The actions of the swine facility's former manager were outside the
scope of his authority and completely unknown to and against all directions of the Petitioner.
Petitioner immediately replaced the manager as a result of his illegal activities. .
1

3. The Petitioner was unaware that the former manager of her swine facility had let his
certified animal waste management system operator certification lapse. Petitioner had instructed the
manager to keep all his certifications current.
4. Petitioner is further informed and believes that the Findings and Decision and Assessment
of Civil Penalties is legally erroneous, arbitrary, capricious, and is not supported by competent
evidence or -facts, and the conclusions drawn therefrom are therefore legally improper.
5. The Director's Conclusions of Law are insufficient as a matter of law to support a penalty
assessment.
6. The assessed civil penalties, totaling $11,000.00 for "making an outlet to the waters of
the state", and for "violating Condition No. V. 2 of NPDES Permit NCA200000 by failing to secure
a valid • certified animal waste management system operator for the facility" are not supported by
competent evidence, and incorrectly applied the statutory rules mandated by the legislature of the
State of North Carolina. Petitioner is informed and believes that the Director did not properly
considerthe factors required by N. C.G: S, § 143-215.6A(c) and § 143B-282, but arrived at the penalty
assessments by use of a predetermined formula applicable to a broad class of events, rather than a
reasoned decision based upon statutorily mandated factors for each individual case. That this
process neither procedurally nor substantively considers or implements the requirements of § 143B-
282(b) with respect to this or other similar occurrences.
7. There is no evidence of either any actual or reasonable costs associated with any
investigation, inspection or monitoringthat resulted in the investigation of the alleged violation, or
of any actual or reasonable costs associated with the enforcement of the state regulations in this case
that would either justify or support the Director's conclusion and assessment of costs in the amount
of $353.46 in this case.
2

WHEREFORE, your petitioner, having disputed the findings and conclusions of law, as well
as the penalties and costs assessed by the Director in this case, respectfully requests an
Administrative Hearing, as provided by law.
Dated: March ;2- 7, 2007
B l!
Richard L. Burrows
State Bar # 637
P. O. Box 816
Wallace, N. C. 28466
[phone] .
Attorney for Petitioner
3

CERTIFICATE OF SERVICE
I, Richard L. Burrows, ofP,O, Box 816, Wallace, North Carolina, 28466, do hereby certify:
That I am at all times hereinafter mentioned, more than eighteen (18) years of age.
That on the date hereafter set out, I filed and served copies of the foregoing Amended Petition
for Administrative Hearing on the following, by mailing copies by Certified Mail, Return Receipt
Requested, postage prepaid, addressed as follows:
rwkrWLptt
Office of Administrative Hearings
6714 Mail Service Center .
Raleigh, North Carolina 27699-6714
and
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, North. Carolina 27699-1601
and
Mr Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
I hereby certify under penalty of perjury that the foregoing is true and correct.
Dated: March , 2007
ichard L. Burrows
n

MISCELLANEOUS
CURRENT PERMITICOC
PRIOR VIOLATIONS/PENALTIES

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
April 9, 2003
Crystal Davis
Rockfish Farms #1 and 2
PO Box 757
Rose Hill NC 28458
Subject: Certificate of Coverage No, NCA231816
Rockfish Farms #1 and 2
,.Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
- Dear Crystal Davis:
On March 14, 2003, the North Carolina Division of Water Quality (Division) issued an NPDES General
Permit for swine facilities. The General Pen -nit was issued to enable swine facilities in North Carolina to
obtain coverage under a single permit that addresses both State and Federal requirements.
In accordance with your application received on December 30, 2002, we are hereby' forwarding to you
this Certificate of Coverage (COC) issued to Crystal Davis, authorizing the operation of the subject
animal waste collection, treatment, storage and land application system in accordance with NPDES
General Permit NCA200000. The issuance of this COC supercedes and terminates your COC Number
AWS310816 to operate under State Non -Discharge Permit AWG100000.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Rockfish Farms #1 and 2, located in DuplinCounty, with an animal capacity of
no greater than an annual average of 9792 Feeder to Finish swine and the application to land as specified
in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or
Farrow to Feeder operation, there may`also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until July 1, 2007. Pursuant to this COC; you are
authorized and required to operate the system in. conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An. adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater `than the certified design capacity or increase in number
of animals authorized by this COC (as provided above)'will require a modification to the CAWMP and
.this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please - carefully read this, COC and the enclosed General Permit. Since this is a new joint. State and
Federal general permit it contains many new requirements in addition to most of the conditions contained
in the current State general permit. Enclosed for your convenience is a package containing the new and
revised. forms used for record keeping and reporting. Please 1pay careful attention to the record kee in
and. monitoring -conditions in this permit. The Devices to Automatically Stop Irrigation Events Form
must be returned to the _Division of Water Quality no later than 120_days _following receipt- of the
Certificate of Coverage. ' The,Animal Facility Annual Certification Form must be completed and returned
to the Division of Water Quality by no later than March 1st of each near.
Nc5m
Non -Discharge Permitting Unit Intemet httpJlh2o.enr.state.nc.uslndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50% recycledl10% post -consumer paper

If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is .
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse,the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no: new water supply
wells shall be constructed within the compliance boundary. Per MRCS standards.a 100 foot separation
shall be maintained between water supply wells and any lagoon or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C, the Clean Water Act and 40 CFR 122.41 including civil penalties, criminal
penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal 'must be filed at least 180't}ays prior to expiration.
This COC is not automatically transferable. -A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
Ifany parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual NPDES Permit by contacting the staff member listed below for information on
this process. Unless such a request is made within 30 days,'this COC shall be final and binding.
This facility is located in a county covered by our Wilmington Regional Office. The Regional Office
Water Quality Staff may be reached at [phone]. If you need additional -information concerning
this COC or the General Permit, pleasecontactMichelle Barnett at [phone] ext. 544.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit NCA200000, Record Keeping and Reporting Package)
cc: (Certificate of Coverage only for all cc's)
Duplin County Health Department
Wilmington Regional.Office; Water Quality Section
Duplin County Soil and Water Conservation District
'Permit File NCA231816
Permit File AWS310816
NDPU Files...

March 22, 2004
Crystal Davis
Rockfish Farms #1 & #2
P.O. Box 757
Rose Hill, NC .28458
SUBJECT: Assessment of Civil Penalties
, for Violation of Permit Conditions
Permit # NCA200000
Duplin County
File No. DV-04-002
Dear Ms. Davis:
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAUL'
RETURN RECEIPT REQUESTED
This letter transmits notice of.a civil penalty assessed against Rockfish Farms #1 & #2 and/or
Crystal Davis in the amount of $6978.67 which includes $978.67 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 and the Director of the Division of Water
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 three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment. .
Please send payment to the attention of:
Mr. Daryl Merritt
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
M M
Customer Service
1-877.623-6748

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 Quality 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. I (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 the Division of Water Quality will review
your evidence and inform you of his 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 Quality also
requests that you complete and submit.the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Non -Discharge Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617

REM
Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
KO
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. 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 original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission: The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
AND
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Non -Discharge Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center,
Raleigh, NC 27699-1617
Please indicate the case number (as found on page one of this letter) on the petition.

Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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. 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 Mr. Daryl Merritt at [phone], extension 581.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
JOP/ddm
attachments
cc: Wilmington Regional Office
vg z5nf=dfn nt1Exj
Central Files

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
ROCKFISH FARMS #1 AND #2
AND/OR CRYSTAL DAVIS
FOR MAKING AN OUTLET TO THE
'WATERS OF THE STATE OF
NORTH CAROLINA WITHOUT
A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV-04-002
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 1, Jeffrey O. Poupart,
Supervisor of the Non -Discharge Compliance and. Enforcement Unit of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Crystal Davis owns and operates the Rockfish .Farms #1 and 2, a swine animal
operation located west of Rose Hill, NC along SR1101 in Duplin County.
B. Crystal Davis .was issued Certificate of Coverage NCA231816 under Swine Waste
Management System General NPDES Permit NCA200000 issued pursuant to North
Carolina General Statute 143-215.1 on April 9, 2003, effective on April 9, 2003, with
an expiration date of July 1, 2007 for the operation of a swine waste collection,
treatment, storage and application system.
C. Condition 11. 4 of NPDES Permit NCA200000 states in part that "In no case shall
land application rates result in excessive ponding or any runoff during any given
application event."
D. Condition 11. 15 of NPDES Permit NCA200000 states in part that "the Operator in
Charge (01C) or a designated back-up OIC... shall inspect, the land application site as
often as necessary to insure that the animal waste is land applied in accordance with
the CAWMP."

rN
E. On August 13, 2003, staff from the Wilmington Regional Office of the Division of
Water Quality flew over Rockfish Farms #1 and 2. The staff observed animal waste
running off two separate land application sites and flowing into Taylors Creek.
Division staff also performed an inspection of the farm and observed animal waste
running off the land application sites and flowing into Taylors Creek. Taylors Creek
is classified as class C Swamp waters of the State within the Cape Fear River Basin.
F. Crystal Davis had no valid permit for the above -described activity.
G. The cost to the State of the enforcement procedures in this matter totaled $978.67
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Crystal Davis 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. Taylors 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 constitute making an outlet into 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. Crystal Davis violated Condition IL 4 of NPDES Permit NCA200000 by applying
animal waste at a rate such that runoff occurred. .
F. Crystal Davis violated Condition H. 15 of NPDES Permit NCA200000 by the OIC
failing to inspect land application site for runoff of animal waste..
G. Crystal Davis may be assessed civil penalties 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) 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.
H. Crystal Davis may be assessed civil penalties 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) per violation may be assessed against a person who fails to act in
accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.1.
I. The State's enforcement costs in this matter may be' assessed against Crystal Davis
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
J. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of
Water Quality, pursuant to delegation provided by the Secretary of the Department of

Environment and Natural Resources and the Director of the Division of Water
Quality, 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:
Accordin ly, Crystal Davis is hereby assessed a civil penalty of:
for of one violation for making an outlet to the waters
of the State without a permit as required by G.S. 143-215.1.
$ ��Q for / of one violation of Condition No. II. 4 of NPDES
Permit NCA200000 by applying animal waste at a rate such
that runoff occurred.
$ for —L of one violation of Condition H. 15 of NPDES
Permit NCA200000 by the OIC failing to inspect land
application site for runoff of animal waste.
$ �7: 67 Enforcement costs
$_-Z. 6-7 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 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.
(Date) effrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

m
Coll1111C1ll5

r
O�O W ATF�QG
r
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 22, 2004
MRS CRYSTAL JOHNSON. DAVIS
ROCKFISH FARMS INC
PO BOX 757
ROSE HILL NC 28458
SUBJECT: Acknowledgment Receipt Letter
Civil Penalty Assessment of Violation
Rockfish Farms Inc.
File # DV 04-002
Duplin County
Dear Mrs. Davis:
This letter is to acknowledge receipt of your check # 3709 in the amount of $4,978.67,
was received on July 13, 2004 for Rockfish Farms Inc.
This payment satisfies in full the civil assessment in.the amount of $4,978.67 levied
against Rockfish Farms Inc., and this enforcement case has been closed. Payment of these
penalties in no way precludes further action by this Division for future violations.
If you have any questions please call Daryl Merritt at [phone] ext. 581.
Sincerely,
,.gyp
L
Daryl Merritt
Non -Discharge Compliance & Enforcement
DM: sw
cc: Wilmington Regional Office
Enforcement/Compliance Files # DV 04-002
Central Files
NMENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 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
ht1p://h2o. enr. sta ta. nc. us

Cash Receipt Journal
Violation Type Check # Case # Date of Check Payor Account Center Amount County General Statute
Civil Penalties 3709 DV 04-002 7/15/2004 Crystal Davis 435500026 1630-6301 $4,000.00 Duplin 143-215.6A(a),(b),&(c) -
Investigated Costs 3709 DV 04-002 7/15/2004 Crystal Davis 435400 1630-6301 $978.67 Duplin 143-21 5-6A(a),(b),&(c)
' Total for checks dated: 7/15/2004 $4,978.67
Prepared
Division Cashier:
Grand Total: P4,978.67

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek P.E., Director
Division of Water Quality
Aquifer Protection Section
Location: 2728 Capital Blvd.
Raleigh, NC 27604
Mailing Address: 1636 Mail Service Center
Raleigh, N.C. 27699-1636
FAX: [phone]
(9 l 9 ) 715-6048
FAX TO:
FAX NUMBER:( 7/0 ) �.J,; 0-
FROM: DENAM G. LUND
PHONE: [phone]-G185
NO. OF PAGES INCLUDING THIS
SHEET:
FYr Gy��i �,s
r
It you receive this fax by mistake call: Aquifer Protection.Section @ 919-733-3221
TO 3E)Vd -WnIl 83iVM/M'83a0N 8690-9TL-6T6 TL:80 100Z/OE/EO

KICHA0.➢ L-
E1110LOWS
PKSDKIC C. }TALL
BuRRows a HALL
ArTQKNEYS AT LAW
317 NORTH! NORVVOOD STREET
P.O. SOX ale
WALLACE, NC 28466
March 27, 2007
Off= of Administrative Hearings
ATTN: CLERK
6714 Mail Servico Centef
Raleigh, North Carolina 27699-6714
Re. Crystal Davis v. NCDENR
Dear Sir/Madam-
TELEPHONE (910) 2ES-3600
FAC31MILE (DID] 2155.7766
CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, ARTICLE
NO.7006 0810 QQW240 1652
RECEN£DlOEMRiDWO
.. }l��RR�c�r'tRq�t SECTION
1�iAR 2 9 Z007
In connection with, the above, please find enclosed the Amended Petition for Administrative
Hearing, and two copies, which I would appreciate your filing and returning a filed copy to me in
the enclosed cAvelope_ The original Petition that was sent in for filing had two Page 2s, and we are
filing the Am=ded Petition to allcviato any confasion.
By a copy of this letter, I am forwarding, copies of the Amended Petition to all interested
parties.
Thanking you for your assistance, I am
:W;!�
Richard L. Burrows
RLB:raj
cc: Mary Penny Thompson (Certified Mail, Article No. 7006 0810 0005 9240 1,669)
Dennis G. Lund (Certified Mail, Article No. 7006 0810 0005 9240 1676)
Crystal•Davis .
Enclosures
Z0 3SVd -!'o 63iVM/dM83WN 8898-ST4-616 TZ:80 L00Z/OE/E0

STATE OF NORTH CAROLINA,
NORTH CAROLINA
COUNTY OF DUPLIN ENVIRONMENTAL MANAGEMENT cobs ISSION
FIL,I.? NO: 07 FM
IN THE MATTER OF ]
CRYSTAL DAWS ]
FOR MAKING AN OUTLET TO THE ]
WATERS OF THE STATE OF NORTH �
CAROLINA WITHOUT A PERMIT ] RECEIVED r DENR I DWO
ANII�DED 1'BT�T�QN:�QR M�IiS��
BF.A JNf1PURSUANT TO N.C.G. 15�-23
Now comes Crystal Dav*(hereaftcr "Petitionex-"), by and through her counsel, Richard L.
Burrows, of the firm of Burrows & Hall, and respectfully petitions the Court for an Administrative
Hearing pursuant to the provisions of N.C.G.S. §1 50B-23, and shows as follows:
1. That at all times pertinent to the matters in controversy, your Petitioner was the owner of
RocffishFarms #1 and 2, a swine operation, located west of Rose Hill, NC along SR l 101 in Duplin
County, North Carolina.
2. On the date in question in DENR Rile No. DV 2007-0001, Petitioner was lawfully
operating her swine facility in complian a with the applicable statutory rules and regulations.
Petitioner is informed and believes that the pipe in the field ditch was the criminal act of the swine
facility's former manager. The actions of the swine facility's former manager were outside the
scope of his authority and completely unknown to and against all directions of the Petitioner,
Petitioner immediately replaced the manager as a result of his illegal activities.
E0 33'dd ivna 831VM/8N?3C0N 8896-GU-6M TZ:80 L00ZME/E0

3. The Petitioner was uAaware that the former manager of her swine facility had let his
certified animal waste management system operator certification'lapse. Petitioner had instructed the
manager to keep all his certifications current.
4. Petitioner is further informed and believes that the Findings and Decision and'Assessment
of Civil Penalties is legally erroncoes, arbitrary, capricious, and is not supported by competent
evidence or facts, and the conclusions drawn therefrom are therefore legally improper.
5. The Director's Conclusions of Law are insufficient as a matter of lew to support a penalty
assessment
6. The assessed civil penalties, totalitng $11,o0o,00 for "making au outlet to -the waters of
the state", and for "violating Condition No. V. 2 of NPDES Permit NCA200000 by failing to secure
a valid certified animal waste management system operator for the facility" arc not supported by
competent evidence, and incorrectly applied the statutory rules mandated by the legislature of the
State of North .Carolina. Petitioner is informed and believes that the Director did not properly
consider the factors required by N. C. G, S. § 143-215.6A(c) and § 143 B-282, but arrived at the penalty
assessments by use of a predetermined formula applicable to a broad class of events, rather than a
reasoned decision based upon statutorily mandated factors for each individual case. That this
process neither procedurally nor substantively considers or implements the requirements of § 14313-
282(b) with respect to this or other similar occurrences.
7. There is 'no evidence of either any actual 'or reasonable costs associated with any
investigation, inspection or monitoringthat resulted in the investigation of the alleged violation, or
of any actual or reasonable costs associated with the enforcement of the state regulations in this case
that would either justify or support the Director's conclusion and assessment of costs in the amount
of $353.46 in this case.
2
b0 3Ddd -ivntg 2:GIVMMNT IIDN BBSO-SIL-616 TZ:80 L00L/0E/EB

WHEREFORE, your petitioner, having disputed the findings and conclusions of law, as well
as the penalties and coats assessed by the Director in this case, respectfully requests an
Administrative Hearing, -as provided by law.
Dated: March 2007
BURRO
s IoO7
Richard L. Burrows
State Bar # 637
P. O. Box 816
Wallace, N. C. 28466
(910) 285-360U .
Attorney for Petitioner
3
S0 39Vd IVnb 831VM/8NB3C0N ease-STL-6T6 TZ:80- L00Z/0E/£0

I• to Y474 M. : �.
L
I, Richard L. Burrows, of P.Q. Box $16, Wallace, North Carolina, 29466, do hereby cati#y:
That I am at all times hereinafter mentioned, more than eighteen (18) years of age.
That on the date hereafter set out, I filed and served copies of the foregoing Amended Petition
for Administrative Hearing on the following, by mailing copies by Certified Mail, Return Receipt
Requested, postage prepaid; addressed as follows;
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699.6714
and
Ms, Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Canter
Raleigh, North Carolina 27699-1601
and
Mr Dennis G. Lund
DWQ-
1636 Mail Service Centc;
Raleigh, NC 21699.1636
Y hereby certify under penalty of perjury that the foregoing is true and correct.
Dated: Marcia 2 % 2007
MArMI.px
(. 4?�
chard L. Burrows
4
90 39Vd Ibpla 831VM/"3aON 8860-6TL-6T6 TZ:80 L00Z/0E/E0

o�oF wArFRQG
f .
o c
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7006 2150 0003 5466 2122
Ms Crystal Davis
Rockfish Farms #1 and 2
P.O. Box 757
Rose Hill, NC 28458
Michael F, Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 28, 2007
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 31-816
Duplin County
File No. DV-2007-0001
Permit No. NCA231816
Dear Ms Davis:
Alan W. Klimek, P.E. Director
Division of Water Quality
-t
This letter transmits notice of a civil penalty assessed against Crystal Davis in the amount of $11,353.46
which includes $353.46 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 and the Director of the Division of Water 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 three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of.
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: htt Wh2o.enr.state.na.us 2728 Capital Boulevard Raleigh, NC 27604
Nam` Carolina
tura!!y
Phone [phone] Customer Service
Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer -- 50% Recycled110% Post Consumer Paper

Crystal Davis
Page 2
February 28, 2007
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 Quality 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 14313-282.l(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 Quality will review your evidence and inform
you of his 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 Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 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. 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

Crystal Davis
Page 3
February 28, 2007
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 original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms: Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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. 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 Dennis G. Lund at [phone].
Sincerelv.
%heodo4reL. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Regional Supervisor w/ attachments
Chester Cobb, WIRO w/ attachments
File # DV-2007-0001 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
CRYSTAL DAVIS
FOR VIOLATIONS OF SWINE WASTE
NPDES PERMIT NCA200000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV 2007-0001
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water (DWQ),
make the following:
I. FINDINGS OF FACT:
A. Crystal Davis owns and operates the Rockfish Farms #1 and 2, a swine animal
operation located west of Rose Hill, NC along SR1101 in Duplin County.
B. Crystal Davis was issued Certificate of Coverage NCA231 S 16 under Swine Waste
Management System General NPDES Permit NCA200000 issued pursuant to
North Carolina General Statute 143-215.1 on April 9, 2003, effective on April 9,
2003, with an expiration date of July 1, 2007 for the operation of a swine waste
collection, treatment, storage and application system.
C. On September 7, 2006, DWQ staff inspected the farm after having received
notification of the discharge of animal wastes into a field ditch. DWQ staff
observed the pipe in the field ditch that the waste was pumped through. The ditch
drains into Taylors Creek. Taylors Creek is classified as Class C Sw waters of the
State within the Cape Fear River Basin.
D. Crystal Davis had no valid permit for the above -described activity.
E. Condition No. V. 2 of NPDES Permit NCA200000 states "The Permittee shall
designate a certified animal waste management system operator with a valid
certification to be in charge of the animal waste management system. The waste
management system shall be operated by the OIC or a person under the OIC's
supervision."

F. After September 7, 2006, it was learned that there was no valid certified animal
waste management system operator for the facility.
G. The cost to the State of the enforcement procedures in this matter totaled $353.46
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Crystal Davis 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. Taylors 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 into 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. Crystal Davis may be assessed civil penalties 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) 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.
F. Crystal Davis violated Condition No. V. 2 of NPDES Permit NCA200000 by
failing to secure a valid certified animal waste management system operator for
the facility.
G. Crystal Davis may be assessed- civil penalties 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) per violation may be assessed against a person who fails to act in
accordance with the terms, conditions, or requirements of a permit required by
G.S. 143-215.1.
H. The State's enforcement costs in this matter .may be assessed against Crystal
Davis pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
I. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.

MR
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
Accordingly, Crystal Davis is hereby assessed a civil penalty of -
A)
$ , fJ a 0 for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 190 v for violating Condition No. V. 2 of NPDES Permit
NCA200000 by failing to secure a valid certified animal
waste management system operator for the facility.
$ $353.46
TOTAL CIVIL PENALTY
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 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.
(Da e)
Theodore L. Bush, -Jr., Chief
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN.THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CRYSTAL DAVIS '
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2007-0001
Having been assessed civil penalties totaling $11,353.46 _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated February 28, 2007 , 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.
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 Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from -the receipt of the civil penalty assessment.
This the day of _ _ .2007
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2007-0001 County: Duplin
Assessed Party: Crystal Davis
Permit No. (if applicable): NCA231816 Amount Assessed: $11,353.46
Please use this form when requesting remission of this civil penalty. You must also complete the
"Reguest For Remission Waiver of Rijzht to an Administrative Hearing, and Stipulation o
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 evaluating
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. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only 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 N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly b_ated 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 any previous violations;
(e) pgMent of the civil penalty will 12revent payment for the remaining necessar
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION attach additional pages as necessary):

of W A rFk
'! �O� �G
0 'C
CERTIFIED MAIL
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 28, 2007
Alan W. Klimek, P.E. Director
Division of Water Quality
RETURN RECEIPT REQUESTED
RECEIPT # 7006 2150 0003 5466 2122 $-Ec � f
Ms Crystal Davis MAR 5 2007
Rockfish Farms #1 and 2
P.O. Box 757
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 31-816
Duplin County
File No. DV-2007-0001
Permit No. NCA231816
Dear Ms Davis:
This letter transmits notice of a civil penalty assessed against Crystal Davis in the amount of $11,353.46
which includes $353.46 in investigative costs. Attached is a copy of the assessment document explaining
this penalty. J
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water 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 three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
N�'p��`tnCarolina
Natma!!y
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Intemet:htti):/lh2o.enr,state.iic.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
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Crystal Davis
Page 2
February 28,2007
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 Quality 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 Quality will review your evidence and inform
you of his 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 Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
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. 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

Crystal Davis
Page 3 '
February 28, 2007
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 original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings..The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is;
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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. 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 Dennis G. Lund at [phone].
Sincerelv.
%codore L. Bush, �JrChief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Regional Supervisor w/ attachments
Chester Cobb, WIRO w/ attachments
File # DV-2007-0001 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
CRYSTAL DAVIS
FOR VIOLATIONS OF SWINE WASTE
NPDES PERMIT NCA200000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV 2007-0001
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water (DWQ),
make the following:
I. FINDINGS OF FACT:
A. Crystal Davis owns and operates the Rockfish Farms #1 and 2, a swine animal
operation located west of Rose Hill, NC along SR1101 in Duplin County.
B. Crystal Davis was issued Certificate of Coverage NCA231816 under Swine Waste
Management System General NPDES Permit NCA200000 issued pursuant to
North Carolina General Statute 143-215.1 on April 9, 2003, effective on April 9,
2003, with an expiration date of July 1, 2007 for the operation of a swine waste
collection, treatment, storage and application system.
C. On September 7, 2006, DWQ staff inspected the farm after having received
notification of the discharge of animal wastes into a field ditch. DWQ staff
observed the pipe in the field ditch that the waste was pumped through. The ditch
drains into Taylors Creek. Taylors Creek is classified as Class C Sw waters of the
State within the Cape Fear River Basin.
D. Crystal Davis had no valid permit for the above -described activity.
E. Condition No. V. 2 of NPDES Permit NCA200000 states "The Permittee shall
designate a certified animal waste management system operator with a valid
certif cation to be in charge of the animal waste management system. The waste
management system shall be operated by the OIC or a person under the OIC's
supervision."

F. After September 7, 2006, it was learned that there was no valid certified animal
waste management system operator for the facility.
G. The cost to the State of the enforcement procedures in this matter totaled $353.46
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Crystal Davis 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. Taylors 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 into 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. Crystal Davis may be assessed civil penalties 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) 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.L
F. Crystal Davis violated Condition No. V. 2 of NPDES Permit NCA200000 by
failing to secure a valid certified animal waste management system operator for
the facility.
G. Crystal Davis may be assessed civil penalties 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) per violation may be assessed against a person who fails to act in
accordance with the terms, conditions, or requirements of a permit required by
G.S. 143-215.1.
H. The State's enforcement costs in this matter .may be assessed against Crystal
Davis pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
I. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 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, Crystal Davis is hereby assessed a civil penalty of:
$ /Z), 9 a 6) for making an outlet to the .waters of the State without a
permit as required by G.S. 143-215.1.
$ U D for violating Condition No. V. 2 of NPDES Permit
NCA200000 by failing to secure a valid certified animal
waste management system operator for the facility.
$ $353.46
//352 41,
It
TOTAL CIVIL PENALTY
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; and
(8) The cost to the State of the enforcement procedures.
e�7-? X-2 �3-/v 7
(D- af e)
Theodore L. Bush,Tr., Chief
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CRYSTAL DAVIS
ENVIRONMENTAL MANAGEMENT
COMMISSION'
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF' FACTS
FILE NO. DV-2007-0001.
Having been assessed civil penalties totaling $11,35.3.46 _ _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated February 28, 2007 , 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.
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 Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of .2007 .
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2007-0001 County: Duplin
Assessed Party: Crystal Davis
Permit No. (if applicable): NCA231816 Amount Assessed: $11,353.46
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 evaluating
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. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only 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 N.C.G.S, 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are 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 far);
(d) the violator had not been assessed civil penalties for any previous 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 (.attach additional pages as necessary):

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
_ .- - -- , . -- ._ .,. .,.,. . -' - .. r_ - - - + -.. ... - - _...-_ -
MEMORANDUM
TO: Todd Bennett, Environmental Engineer III
Animal Feeding Operations Permitting and Compliance Unit
FROM: Chester Cobb, Environmental Specialist 11 %� �
Wilmington Regional Office (/
THROUGH: Charles F. Stehman, Regional Environmental Supervisor 11
Wilmington Regional Office
SUBJECT: Enforcement Report
Crystal Davis
Rockfish Farm #1 and 2
Facility Number: 31-816
Duplin County
DATE: January 16, 2007
Please find attached the subject enforcement report concerning the discharge at Rockfish
Farm in September 2006. On September 7, 2006, DWQ staff inspected the farm after having
received notification of discharge of animal waste into field ditch. DWQ staff observed the pipe
in the field ditch that the waste was pumped through. The ditch drains into Taylors Creek.
Also, the Facility was in violation of Condition No. V. 2 of NPDES Permit NCA200000 by not
having a valid certified animal waste management system operator.
A Notice of Violation and Recommendation for Enforcement (Case # NOV-2006-PC-0059) was
issued on.October 13, 2006 for the discharge and the failure to have a certified operator.
It is recommended that appropriate civil penalties be assessed in accordance with G.S. 143-
215.6A(a)(2). It is also recommended that all of the enforcement costs incurred in the
investigation be recovered in the amount of $353.46 pursuant to G.S. 143-215.3(a)(9) and
G.S. 143B-282.1(b)(8).
If you have any questions, please contact me at 910-796-7327.
Attachments
cc: Wilmington Regional Office (Entire Enforcement, Package)
None Caro ina
S:\WQSIANIMALSIDUPLIN12007131-816 Memo rtuaaro)�
North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive EXt, Phone [phone] Customer Service
Internet: www.newatergua]ity.org Wilmington, NC 28405 Fax [phone]
An Equal OppariunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Violator:
Farm Name:
Contact Person:
Address:
Facility #:
Receiving Stream:
Classification: .
Regional Office:
Inspectors:
Report Prepared By:
DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Ms. Crystal Davis
Rockfish Farm #1 and 2
Ms. Crystal Davis
P.O. Box 757
Rose Hill, NC 28458
31-816
Taylors Creek
Taylors Creek is Class C Sw Waters of the State
Wilmington
Chester Cobb and Jim Bushardt
Chester Cobb
Case Narrative:
Late in the evening on September 6, 2006 Mr. Chester Cobb from the Wilmington Regional
Office received a call from Mr. Jeremy, Hill with Premium Standard Farms of waste being
pumped into a ditch at Rockfish Farm. A service person with the company heard the pump
running but did not see any application occurring. Company representatives found waste being
pumped into a field ditch and shut the pump off. The following morning Mr. Cobb received a
call from the farm manager, Mr. Juston Usher about the discharge.
On September 7, 2006, Mr. Cobb along with Mr. Jim Bushardt inspected the farm. Upon
arriving at the farm, the freeboard level at Lagoon #1 was observed to be eight (8) inches (photos
1 - 2) and the level at Lagoon #2 at thirteen (13) inches (photos 6 — 7). The lagoon structures
were stable and the dike walls had well -established grass coverage. The pipe was still in the
ditch where the animal waste had been pumped (photos 3 — 5). No animal waste was observed in
the field ditch upon arrival. The field ditch drains into Taylors Creek. Mr. Usher said that the
waste level in Lagoon #1 was at the bottom of the pvc cap on the lagoon marker and that he was
afraid that the lagoon might overflow, breeching the dam. He said that he tried to get up with
Premium Standard Farms about the high level but received no response. The only call the
Wilmington Regional Office received from Mr. Usher concerning the freeboard levels at
Rockfish Farm was on September 5, 2006. At that time, Mr. Usher reported freeboard levels of
fourteen (14) and fifteen (15) inches. Premium Standard had started removing the pigs when we
arrived.

Farm and/or Company Compliance History: Include a copy of CAFO Designation letters,,
previous NOV's, NOD's previous civil assessments, etc.
July 24, 1997 Notice of Deficiency issued for erosion on inner wall and for crops
grown in sprayfields not,listed in CAWMP..
October 12, 1998 Notice of Deficiency issued for over application of nitrogen to
field 3A and for crops planted in sprayfields not listed in WUP.
September 10, 2003 Notice of Violation and Recommendation for Enforcement
issued for discharge to Waters of the State, waste ponding and
runoff, and improper inspection by OIC.
March 22, 2004 Civil Penalty assessed for S6,978.67concerning case number DV-
04-002. Case closed on July 15, 2004 after paying $4,978.67.
April 27_, 2006 Notice of Violation issued for failure to submit Annual
Certification Form by March 1, 2006.
Amount of Waste Discharge (if apDlicable). If amount cannot be estimated. what is the rate
of flow reachinp, surface water.
The discharge was estimated to be 542,500 gallons based on the freeboard drop in Lagoon #1.
Mr. Usher said the lagoon was around 2 inches and the lagoon was around 8 inches the following
day.
Sample Results.(If applicable) with locations of samples taken noted in relation to the
discharp,e point:
No samples were taken because by the time we arrived, there was no evidence of waste in the
ditch.
Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance:
The farm manager did not deny that he had pumped waste in the ditch.
Fish kill observed? YIN If yes, include report from WRC:
No fish kill observed at time of inspection.
Mitigating Circumstances:
The decision to pump waste in the ditch was the farm manager's decision and not the owner's.
Recommendation:
The Wilmington Regional Office is recommending assessment of civil penalties to the Director
of the Division of Water Quality pursuant to G.S. 143-215.6A.
Include a copy of the previously completed Animal Operations Inspection Form, pictures and
site sketch of waste flow if waste is discharged to surface waters. Also include violator's
response to Notice of Recommendation for Enforcement. If citing certified plan or permit
condition violations, include copies of permit or plan.

Assessment Factors re uired to be considered by G.S. 143B-282.1 b :
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
Unknown.
2. The duration and gravity of the violation:
The pump probably ran for several hours pumping animal waste into the ditch prior to the
discharge being discovered by.a service person from Premium Standard Farms.
3. The effect on ground or surface water quantity or quality or on air quality:
Unknown.
4. The cost of rectifying the damage:
Unknown.
5. The amount of money saved by noncompliance:
Unknown.
6. Whether the violation was committed willfully or intentionally:
The writer believes that the farni manager committed the violation willfully. Mr. Usher made
the decision to pump the animal waste into the ditch.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
Notice of Deficiency was issued on July 24, 1997 for erosion on inner wall and for crops
grown in sprayfields not listed in CAWMP.
Notice of Deficiency was issued on October 12, 1998 for over application of nitrogen to field
3A and for crops planted in sprayfields not listed in WUP.
Notice of Violation and Recommendation for Enforcement was issued on September 10,
2003 discharge to Waters of the State, waste ponding and runoff, and improper inspection by
01C.
Civil Penalty assessed for $6,978.67concerning case number DV-04-002.
Notice of Violation was issued on April 27, 2006 for failure to submit -Annual Certification
Form by March 1, 2006.

8. The cost to the State of the enforcement procedures:
The State's enforcement costs
totaled $353.46, as follows:
Staff, Cobb,
10 hours @ $22.70/hour
$227.00
Pictures
7 @ $0.33 each
$ 2.31
Samples
0 Fecal @ $20.00/sample
$ 0.00
Samples
0 Nutrients @ $l 15.00/sample
$ 0.00
Mileage
105 miles @ $0.23/mile
$ 24.15
Administrative Costs
_
$100,00
Total
$ 353.46

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Figure 1. Rockfish Farms #1 and #2, Facility #31-816,
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USGS Rose Hill Quadrangle.

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�•1. � �«�„5.4".,+.her .• �r:S � � ;;rr .i � e� • �• t f:.kv a� � yu
F1YM,•r r�• '�. � >sr 4M + I *� � -.��• �}gµ41�M r�.:-...„'FS
fi r
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r 1 } 5
MAI
.40A oil
y6 ty""''s�
" >� 7 {
E-ss?:'_S•iYJ'Y`�7..'.tt..w
I

PHOTO 1. Lagoon 1 at Rockfish Farms. Waste level around eight (8) inches
on September 7, 2006.
PHOTO 2. Lagoon 1 at Rockfish farms. Mr. Usher said that the waste level
within the lagoon reached the bottom of the PVC cap.

�'.. _ '` t
e

r XA."k ,
f d
lI
� [i l �� 1' �. h i.
I
t a
I
� •y �
�Y � 1
rr�/1•

PHOTO 5. Pipe from hydrant where waste was pumped into field ditch from
Lagoon 1.
PHOTO 6. Lagoon 2 at Rockfish Farms.

sauoui (£ G) uaa�iu} punoie sane Z uoo6e� ui 1anal aIseM ayl '1 OlOHd

STATE OF NORTH,CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
CRYSTAL DAVIS
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV 2007-0001
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the'Division of Water (DWQ),
make the following:
FINDINGS OF FACT:
A. Crystal Davis owns and operates the Rockfish Farms #1 and 2, a swine animal
operation located west of Rose Hill, NC along SRI 101 in Duplin County.
B. Crystal Davis was issued Certificate of Coverage NCA231816 under Swine Waste
Management System General NPDES Permit NCA200000 issued pursuant to
North Carolina General Statute I43-215.1 on April 9, 2003, effective on April 9,
2003, with an expiration date of July 1, 2007 for the operation of a swine waste
collection, treatment, storage and application system.
C. On September 7, 2006, DWQ staff inspected the farm after having received
notification of discharge of animal waste into field ditch. DWQ staff observed the
pipe in the field ditch that the waste was pumped through. The ditch drains into
Taylors Creek. Taylors Creek is classified as Class C Sw waters of the State
within the Cape Fear River Basin.
D. Crystal Davis had no valid permit for the above -described activity,
E. Condition No. V. 2 of NPDES Permit NCA200000 states "The Permittee shall
designate a certified animal waste management system operator with a valid
certification to be in charge of the animal waste management system. The waste
management system shall be operated by the OIC or a person under the OIC's
supervision."

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
11I. DECISION:
Accordingly, Crystal Davis is hereby assessed a civil penalty of:
$ for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ for violating Condition No. V. 2 of NPDES Permit
NCA200000 by failing to secure a valid certified animal
waste management system operator for the facility.
TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ $353.46 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 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.
(Date) Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

@Uvision of Water C uajity
F'acilig, Number �'� L 0 Division of Soil and Water Conservation
Q Other Agency
Type of Visit ;4Cornpliance Inspection O Operation Review Q 5trucc:ure Evaluation () Technical Astiis ante �
Reason for Visit C) Routine C_,i Comrjiaint L) Follow up C) Referral 0EMergenc:y 0 Cri:lter ❑'Derded. Accer:s
ilatc ui' d'i:;it: �! Ari ir.il'I'irn�;: �1-� rl1..lclrar furl '1'ituc=:----—'ounty:
Farm Name:' ' � c" y�� f�. _ Owner Email;
-lam �4, r
Om,oer Name:
Flailing Afhdress:
Physical Address
Facility Contact:
OrAsite I{epresentativen�.----
Certified Operator:
Back-up Operator:
Location of Farm:
Design Current
Swine Capacity Population
Wean to Finish
I
_❑
❑
Wean to Feeder
❑
Feeder to Finish
❑
f^ill"r'o1V to Wean
❑
i-arrow to Feeder
❑
barrow to nli ish
❑
Gilts _
❑
Boars
Other
❑ 0dier
I hOIiC No:
(Operator Certification Nuntl)cr:
Rack -up Certification Namber:
Latitude: ❑" � �� L.ongihtdc: �° C� �� ��
Design Current Design Current
Wet Poultry Capacity Population Cattle Capacity Population
Dry Poultry
❑ [ atic:rs
--
❑ Non -Lavers
�
ElPul leis
—
❑ Tm—e s
[.,. rtll-key POURS
�W—
❑ Othet-
_
Discii,ti•gcs & Stream Imp i0s
1. Is any discharge observed from any part of the, upe.r3lioll'?
Discharge originated .tl: ❑ Structure ❑ Application field ❑ other
a. Wat the convcy:lncc man-ntacfc'?
❑ Dairti., Clow
❑ Dairy Calf
❑ Dair� Heifer
1--=
El Da Cow
❑ f3�:ci hcade�
❑ Beet, Brood
h. Did the discharge reach waters of the 5t;rfe; {tf'ycs, notifj• f)WQ)
C. Whilt is the. cstint IC-6 virlunir. That reached WiitcNs of'lltr• State (ga1110 s)'?
Number of Structures: i < I
d. Dens discharge bypaLs lh� w,jsie manage -meat System? (lf ycs, rto(if_y DWQ)
2. Is Ihcrr. evidence of a JM.Sl discharge from any hart of ilw opL;ration'?
3, Were there any adverse. impacLs or pol.ollhal advt,rsc impai.ls to the Watt•rs of•the Slate.
other than Clam :t tfischargc?
Page 1 of,?
es "Nf, ❑ v ❑ N F,
❑ Yes
❑ No
❑ NA
❑ 1VL
Ycs
❑No
DNA
ONE
0 N A
❑M."
a Yes
El No
X)f cs ❑ No ❑ NA ❑ Nl?
No ❑ NA ❑ NI
'21281f1.1 Currfirrrrr r!

.F's.rc:ilify—C�'.�ttlriwe.r.�.-...,'�_=_.w��;�q',.� . r 4' f��.•�_ _
.�' I}ait': va I tr•,;�ct:lsc�sl �—� �%: ,E'
• r i
1tVa5te C.crllcc+.inn & 'P'rrat�nclPl .
- - --- -
4. I:. storage' crspri6iy (gruE'.t nni phis Bonn �:tiTmge phs ll('mT r:31:1i'do Wss Umn ade-ynte'1
1 �ti
1� I ` a
ElNo
1
El NA
❑ wj
a. ifye:;, is vwoln Ir„ A Wo the strWornI fl1•0boll1-d'2
C._r� Yes
[ J No
❑ NIA
[I NI!,
>trurlure I `itrlic.f.wT 2 Struoin ; .;fr williv 4
i`
Structure
5
Strucnt rc 6
9
Defi11„11t'd 1'ruoboHrtl (ill):
----•�ti—___.—..._ .-.—. �--- ._._-__-......_.—_._...___ ...__.....___�..._.
0hscrved I'rrc:hc,ard (in l.TM��..�__�
......._---------
---•-
.._._�_.
5. Are. Were; any immediate thr€.:as to the intei Ay of any oC the Vnict ms ocuel'vc:d?
❑ Yes
An
❑ NA
❑ Nl;
(ieY large trees, severe orosio€t, seepage;, etc.)
/
k Arc there stmcitu:;s oli-tiitt: whch me not pre:,poQ zldcirmwd any %nzanap(I
❑ Yes
r'
o No
❑ NA
❑ NI
thrclup;h ti or e plan?
if any o:questions 06 were answered ye% and Ihl.:situaHon pows a immediato puhlie health qr environmental thi-caI, notify MVQ
7. Do any ordW structures nccd makittniance o1- improve-nierlt?
P Yes
❑ No
❑ NA
❑ Nh
S. Do wV of the ,tllCt.i:r(:.`i tack :3di:ge*W rna:•I of "rNulr& by Qu pi;113 W?
r 1 Yes
1 t
j'�'f No
EI N€A
LJ
NII.',
O.
t�
(Not applicablc to roofed pits, dry stacks and/or wo stacks)
rlLr
9. Does any part of We waste elan Bement system other t.h,%n the. waste Str1I(A1lre s rcduwe
❑ Yes
51 No
❑ NA
❑ NE
maintenance. or irnlir+wancnl7
Waste Application
10. Arc there any required buffers, seStmcks, or cltlnphanc.:e. alternatives Mai need
El Yes
❑ No
❑ NA
NE
rnaintc,rt;lncclilnprnvcrncnt'?
11. 1s there cyidence of ine:(tnsi application? If yes. check We app vpri:tte box Howe.
❑ Yes
U No
❑ NA
XNIF
❑ Excessive Ponding ❑ Hydraulic Overlond ❑ Frozen Ground ❑ Leavy Metals (Cu,
%n, etc.)
❑ PAN ❑ PAN % 1 V% ur I Cl lbs ❑ 'Coral Phosphoros ❑ Mum to Incorporate Manure/nudge
inlo
Bare Soil
❑ Ot.itsi(le ofAe:ecptablc C.:rtlp Ih'incWw rJ Evidence as \Vind Drift ❑Application f)utsidc at'Area
12. Cnip type(s)
It Soil typey)
14. Do the, vcc'civinr crops dirfr,r t:on1 thoseM• desil lt,llt:.el in the C'AWMP?
15. Does II)rcaa,iw?nF; carp MAR" land application site neod improvoll-10111?
❑ ),es
Ej Yes
ICt. Did the 1 aciliiy tail to SULire and/o: operate per the brigmikon design or `veunblc acre tiear,•rnrirlatiorl ? ❑ ye
i 7. lloLs the, #'acility lack :tdquate at:rcclge 1,61- land application? ❑ Yes
It Noon a bek cri ptopc riy operating wa.,.k, applteailon egWpnW? ❑ Yes
❑ No
❑ NA
PTNI
❑ No
❑ NJA
❑ No
❑ NAFZIr NE
❑ No
❑ NA
11 NE
❑ iVo
❑ NA
O NL,
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as /necessary):
�,'� C//-�''� .ti/j.f i�/i�C.`C'�%��''G'/rC . � ✓� ����I7-- C��%� ��f. �J 3f'.,I�/�.. / .�y'�"�f7R:'g�i�i��
M'
Reviewer /lilspector Name r Phone:
Reviewer/Inspector- Signature: f ?; ' Date: L riP
We 2 of 3 J1/2 /(Jd Conlinued

FucPity
I(of
...
Ntum.her: F Oak: �nspe�Aiou
��LiW
LIC(Luirct! LecordR -, &. Dockiments, - !
19.
DO I Fl(" Cacj 11"fy ial I to 111-1vo ik"o' of CoverntW& Pi.'r 11-11�
I -
0
M.)
❑ NA
"0.
Doc,; the. G'Tilify f-dl Lf., li"lvu all of"Olt-, CAMI'vIll j-c,,vIH\ avnjl,'iLJc;'! Ifyos, Oic.ck
Y s
q,,
NA
,the appopnimr box. .[.-j WJll 0 Che6:linIs E-1 0 laps I-
ry 01her
21.
Does ivcoi-d ku(.-plrig nc,(:d irriplovCniclif." ffycs. clwok litc appl-opl'i'lic box below.
D Y us
El -No
EJ NA
N 11�
El Waste Application El Weekly Freeboard El W%.,Ac. Analysis 0 Soil Analysis 0 Ww;it;Transievs.
0 Annual C'crtification
❑ RaiHif",ill 0 -3tockjnj2. [I Crop Yield 0 120 Inspections El Monthly and i " Rain
Insp( ,clions ❑
Wcai [ml-
Code.
22.
Did the fiicilli(y frail to install and IlWlinf,'lio R Min gauge?
El Yes
El No
EINA
jzN I-
23.
1 I'sclectcA, did (Tic f"ioilily fail to install rind 7MI11118.in rtiinbrealMs on irrl . gallon erillirmlenl?
El v us
EJ i�o
El NA
24.
[Did the facility fitil to calibrate waste application equipment as required by the permfl'f
El Yes,
El No
0 NA
eZNl-
JZNr�,
25.
Did the: facility to c(--)Il(lLt(,t asludgc survey a:,, vcquirctd by 1he permi('?
C3 Yes
ONo
El NA
�NE
26.
Did the I'acilfty fail to have an actively certified opemtdr in charge?
Yes
El No
0 NA
14 NE
27. Did the facility fail to secure a pf-impfiorl.IS loss assessment (PLAT) cei-tific"itiori? El Ycs El No EJ NA ;2rNE
Other Issues
28. El Yes 0 No El NA NF
'29. Did the facility fail 10 PI'O;)eTly dispose of dead animals within 24 hours and/in- docunimit.
Yes
E] No
El NA
NE
acid repeal the mortality rates: that were higher thall r1ornill?
310. At the taint of the: inspection did the facility pose, an odor or air quality concern?
0 Ycs
n No
El NA
NF
11"yes; contact a regional Air Quality representative immediately
3 1. Did the fii6ity fail to noljly the regional office of emergency situations as require(] by
❑ Yes
WN o
0 NA
El NE
General Permit? (ic/ discharge, fireeboard problems, over application)
.
32. Did RcvicwQr/lnspcctor I'ad to discuss revivw/inspecii on wilh an on -site r(-.presGntal]vU1
Yes
/ZNo
[INA
El N' I
33. Does facility require a follow-up visit by same agency?
El Yes
EZNo
El NA
0 NF-
Additional Comments and/or Drawings:
4
`7/7/o
/4
A I Ail 6
40,
/ c 675
.S
r V C)
;r7x
7 Celt
Page 3 p/ 3 12128104

On September 6, 2006, Rockfish Farms of Rose Hill, North
Carolina had a wastewater spill. This was due to storm rainfall
of 12", rain two days later of 4", and next day of 1 '/z", for a
total of 17 '/z" on site.
Lagoon # 1 had a total of 2" before running over at this time and it
was still raining. I called Premium Standard Farms and talked to
Jeremy Hill. I explained the problem , but got no response to
problem from anyone. I tried to pump water in the other lagoon,
but -pipe was too short and if I kept it there, it would have washed
the dike out of lagoon # 2. I did not know what else to do, I
panicked and put the hose in the ditch. The service lady came to
fann, heard the pump running and called her boss. He came to
farm and shut off the pump. It had run about 3 hours at low r.p.m.
The next day I called DWQ at 7:00 am and left a message. Chester
Cobb returned my call at 8:00 am. I explained to him what had
happened and he came out to the farm.
� Cjh �
Sl*A 15 2006

o.0 F wA rFyfy N1ichacl F. F;aslcy,Govemot
William G Ross Jr., 5eaetary
rNorth Camolina Departnl= of Fnvironmenl and Natural Resourccs
Alan W, Klimek, P.1- Difeitor
Division of NV31cr Quality
October 13, 2006
CERTIFIED MAIL # 7004 2890 0002 3418 0848
RETURN RECEIPT REQUESTED
Ms. Crystal Davis
Rockfish Farm #f1 and 2
P.O. Box 757
Rose Hill, NC 28458
Subject: Notice of Violation and Recommendation for
Enforcement
Case No. NOV-2006-DV-0059
Rockfish Farm #1 and 2
Facility Number: 31=816
Duplin County
Dear Ms. Davis:
This is to notify you of violations to North Carolina General Statute 143-215.1 and to Swine
Waste Management System General NPDES Permit NCA200000 issued on April 9, 2003 under
Certificate of Coverage NCA231816,
On September 7, 2006, staff from the Wilmington Regional Office of the Division of Water
Quality inspected the farm due to notification of waste discharge from the integrator and the
operator, Mr. Juston Usher. The staff observed piping from a hydrant that led to a field ditch
that drained into Taylors Creek. Taylors Creek is classified as class C Swamp waters of the
State within the Cape Fear River. Based on the size of the lagoon and drop in level, it was
estimated that about ,542,500 gallons of waste was discharged into Taylors Creek. The
following violations are noted from the discharge:
1. Waste Discharged into Waters of the State
Waste was pumped into a field ditch that discharged into Taylors Creek.
This is in violation of North Carolina -General Statute 143-215.1 that states that no
person shall make an outlet into the waters of the State without having obtained and
abided by the appropriate permit. This is also a violation Condition I. 1 of NPDES
Permit NCA200000 that slates in part that "Waste shall not reach surface waters or
wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or
through ditches not otherwise classified as state waters."
l\ont
grthCarolina
�Xalurallbl
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regmnal Officc Wilmington, NC 28405 FAX [phone] I-877-623-6748
An Equal OpporlunilylAflirmabve Action Employer- 50% Recycled110% Post Consumer Paper

Ms. Davis
Page 3 of 3 . .
October 13. 2006
If you have any questions concerning this matter, please do not hesitate to call Mr. Chester
Cobb at 910-796-7327.
Yours very truly,
Charles F. Stehman, Ph.D., P,G.
Environmental Regional Supervisor 11
cc: Billy Houston, Duplin.County Soil and Water Conservation District
Jeremy Hill, Premium Standard Farms of North Carolina, Inc.
Kenneth Best, Duplin County Health Department
John College, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
APS Central Files
DWQ Wilmington Animal Files 31-816
S:IWQSIANIMALSIDUPLIN12006131-816 NOVRFE

Rockfish Farm # 1 and 2
R 0, Box 757
Rose Hill,-N.C. 28458
r
October 23, 2006 900? '
30 i
s
Charles F. Stehman, Ph.D., P.G.
Environmental Regional Supervisor 11
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, N.C. 28405
Re: Case No. Nov-2006-DV-0059
Facility Number 31-816
`Duplin County
Dear Mr. Stelu-nan,
On September 6, 2006 at 9:30 p.m., Mr. Juston Usher (the manager and certified waste
operator of Rockfish Farms) called to inform me that he had been confronted by Premium Standard
staff with his actions of allegedly pumping waste water into the field ditch on my faun. I had no
prior knowledge of Mr. Usher's actions.
I am a single woman without hands-on farm experience. I am a first grade teacher at Warsaw
Elementary School. I inherited this farm from my family and retained Mr. Usher hi 2001 to oversee
and manage it. I was in constant contact with Mr. Usher concerning all major decisions. Mr. Usher's
salary allowed him to hire his own employees and make day to day decisions that were in the farm's
best interest. Mr. Usher presented a certification and assured me that his certification was up to date
and in compliance with all legal and permit conditions. As a result of the incident on September 6`h. I
immediately discharged Mr. Usher.
In the winter of 2004,1 was infon-ned that lagoons were in the red and needed immediate
attention. I then contacted Mr. Johnny Smith (Tripe S Farms) to quickly reduce the lagoon levels
using an aerway. This was extremely expensive. In November 2005,1 purchased a center pivot at a
cost of approximately $80,000.00, fully intending that its use would insure safe waste water levels in
the lagoons prevent any run off and give me peace of mind. The actions I have taken in the past and
those described in the next paragraphs should prove that I have never resorted to or believed in
illegal actions to solve problems. Having limited knowledge, I trusted Mr. Usher would (legally)
keep the lagoons at the appropriate levels. I have always been willing to bear the expense to insure
that the farm ran'smoothly.

Because of Mr. Usher's citation, my farm was completely evacuated of hogs within one
week. I estimate that the loss of hog production for approximately 46 days of total down time cost
about $33,000.00. The next week Mr. Kenny Barnhill became manager and certified waste operator
for Rockfish Farms. He was recommended by Mr. John Sargent, for Premium Standard Farms. Mr.
Barnhill assures me that as the onsite representative, he will assume full responsibility (including
any fines imposed) should a citation ever be imposed. I_ am confident that the lagoons will be
pumped down during the dryer, summer months to prepare for any storms and the winter season.
Since the incident, I have consulted with Mr. Billy Houston from Duplin County Soil and
Water for advice concerning the spray fields. Mr. John Kilpatrick has cleaned out all the ditches
and installed tile to further drain the land at a total cost of $2 1 ,000.00. I purchased an aerway
sprayer for approximately $12,000,00, I have ordered cup waters at a cost of $28,000.00 for al l the
houses to decrease water usage. Some water lines are being repaired to insure good flow from the
houses to the lagoons. Two holding ponds were drained to prevent any possible problems. Coastal
berrnuda and fescue will be planted on the other fields making more land available to spray on.
I have enclosed a copy of the waste analysis report and the press release. In reference to the
second violation, I have enclosed a copy of Mr. Justin Usher's wastewater operator's certificate.
Mr. Usher panicked on September 6 and made a mistake when Ile pumped waste in the ditch.
However, he carried out this action entirely without my knowledge or approval and he no longer
works on my fann. When considering this case, I would ask that you make note of who committed
the act on September 60' and the remedial actions I have already taken due to this incident.
Moreover, please note that I am primarily a public school teacher with a teacher's income. I
have retained my interest in the farm in deference to my family's longstanding ties to the land.
Nevertheless; I stand by my responsibility to be a good steward and owner of the land.
Please feel free to contact me if you need other information or if I can add further details
which would- assist you in your consideration of this matter.
Sincerely, [�
Crys Davis

t-
-4
CD
(9
. -- The-- :S-tate. of•:'North Carolin"a'.-...;..'Vt
Department of Enviroiffl'MeM Health and Natural Resources
hereby certifies that
Ch:irlie. Juston Usher Jr.
has met the rellpir� f& =ffimfioilli established by the Deputmilmt•..
punu= to North CardEn Cvmral Statute 143-215.74B as an
Animal Waste Management System Operator
-,-I jI
DMEMR
Division of Water Quality
3
203Docadber
'02-
DATE
CD 11171 ill l ,I
C4• T If T-T If 11 TT -1 If T-TT TIf TIF
WIR
we

Fax:[phone] Oct 25 2006 15:34 P-02
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VI tagton, NC -28401' .
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-H) 6-1, 6-1
iley (RI def. Beth Cottle
Ivey Best (SC) 6-1, 6-1
Doubles
Johnson/Player (SCj def. Pow-
dl/Huclnier (W-W 8-2
Cott)e/Boyettc (W-PH) def.
Irewis f Phipps (5C) 8-2
MoaabrrgJBest-(SCI def.- Evans/
1 i7eady.(W RH) 8-5.
E�hibtioss
Heather ' stgenJSiinone Mur-
ray (W W) def. Myra Estrada,/Jes-
sie Pittman (SCj &0
60.(2 pounds -over 1;000 square
..feet) are available. Putting out 2
or 3 pounds ofmatezial over' 1,000
square feet- is • ri then difficult to
do evenly, so th.aVs one reason to
use the 0-0122. It's also easy to
put out a lot more than you need
' with the Dther products.
U.you 're growing hybrid Ber-
muda grasscs, eve apply a light
-shot of nitrogen iii September,-.Usc
a product -like 5-5-15 (10 poiurds
per 1.000 s4ilare'feet) or 6-67-18
PUBLIC NOTICE
Rockfish Farms of Rose_ Hill had a wastewater
_ spill due.. to excessive_: rainfall'- from Tropical.
-Stomn Ernesto on September 6, 2006. There was
an. _eStiated 542 ailt)ns of uri seated iiwer that
:. entered into Taylor's Creek which runs into Rockfish
Creek. The Division of Water Quality came out to
review the situation and the matter was taken care
of by farm operator. For more information, contact
Rockfish farms at 910-289 2627.
heavier clay soils aftcn already
contain adequate amounts of po-
tassium, grasses grown on thee
heavier soil may not benefit.•.- '
Another good reason to use
the 0-0-22 is that, in -addition to
the 'potassium; it also contains
magnesium. Magnesiiim is often
deficient in the sandy soils along
the coast in'.Soutiaeastern North
Carolina.
Mass merchandisers: usually
don t stock these straight potas-
THE GRAD E O R ANALYSIS of a
fertilizer is designated by three
numbers which are always
listed in the same order.•Ad-
ditional nutrie'nts_maybe listed
elsewhere.but are not typically
corisldered part of the.Grade-
AiDV1 kIISEIIENTFOR BIDS
Town of Benlaville
III W. Quinn St., Beulaville
Separale . sealed bids for. renovations' to ' lire Phillip Leff
Memorial Library -located at 807 E. Bioad.Sl., Beulaville, NC
will be received ey the Beulavillti Town Commissioners at the
office of the Beulaville `Ibsen Ball. until 3 AQ p.m., September 27;
and then at said ofiice.nnhlicly nn,_.n(-d and ?�lgvvd. —
Complete plans and specifications for this .project can be
obtained at the Beulaville Town Hall, 1-11 W. Quinn St., Beulavi Ile,
NC 28518 during normal. office -hours.'
Small minority and %yomen's businesses' and labor surplus area
firms are encouraged to subihil•.bids.
The town reserves the unqualified r_ig.(St to reject any and all
proposals. g

4n September 6, 2006, Rockfish Farms of Rose Hill, North
Carolina had a wastewater spill. This was due to storm rainfall
of 12", rain two days later of 4", and next day of 1 1/z", for a
total of 17 1/2" on site.
Lagoon # 1 had a total of 2" before running over at this time and it
was still raining. I called Premium Standard Farms and talked to
Jeremy Hill. I explained the problem, but got no response to
problem from anyone. I tried to pump water in the other lagoon,
but pipe was too short and if I kept it there, it would have washed
the dike out of lagoon # 2. I did not know what else to do, I
panicked and put the hose in the ditch. The service lady came to
farm, heard the pump running and called her boss. He came to
farm and shut off the pump. It had run about 3 hours at low r.p.m.
The next day I called DWQ at 7:00 am and left a message. Chester
Cobb returned my call at 8:00 am. I explained to him what had
happened and he came out to the farm.
RE C.EIV�
.)
SEP 15 2006