310842_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quay

Q�OF W ATFRQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 r Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL # 7001 1140 0002 1289 6196
RETURN RECEIPT REQUESTED
December 3, 2002
Mr. David Sutton
David Sutton Farm
833 Seth Turner Rd.
Albertson, NC 28508
Subject: Notice of Recommendation for Enforcement
and Request for Records
David Sutton Farm
Facility Number: 31-842
Duplin County
Dear Mr. Sutton:
Be advised that this office is recommending assessment of civil penalties to the Director
of the Division of Water, Quality for the violations -described' in the Notice of Violation sent on
October 29, 2002. These Violations may result in civil penalties of up to $10,000 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). If, you have an explanation in defense of the violations that you wish to present,
please submit your written response within 15 business days of your receipt of this notice. Your
response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Quality may pursue additional actions in
this matter including injunctive relief and permit revocation. I have attached the Notice of
Violation sent on October 29, 2002.
Also, the Division requests a copy of the current waste utilization plan, 2002 irrigation
records (IRR-1/IRR-2 forms), 2002 weekly freeboard records, and 2002 waste analyses. These
documents should be submitted within 15 business days of your receipt of this notice. These
documents can be delivered in person or via mail to the Division of Water Quality, Wilmington
Regional Office, at the address at the bottom of this notice. If mailed, please send to the
attention of Mr. Chester Cobb.
You may wish to contact your Service Company, 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.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748
AMA
NTDENR

David Sutton
December 3, 2002
Page 2of2
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Chester Cobb at [phone], ext. 226.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Kraig Westerbeek, Murphy — Brown, LLC
Kenneth Best, Duplin County Health Department
Billy Houston, Duplin County Soil and Water Conservation
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-842
Enclosure: 10/29/02 Notice of Violation, 3 pages, to addressee only.
S:IWQSIAnimal\Duplin12002131-842 Sutton RFE.wpd

O�C� W ArF9pG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL # 7002 1000 0005 6491 9835
RETURN RECEIPT REQUESTED
October 29, 2002
Mr. David Sutton
David Sutton Farm
833 Seth Turner Rd.
Albertson, NC 28508
Subject: Notice of Violation
David Sutton Farm
Facility Number: 31-842
Duplin County
Dear Mr. Sutton:
This Notice of Violation is issued on this date to Mr. William David Sutton, owner of the
David Sutton Farm covered under Certificate of Coverage AWS310842. This Certificate of
Coverage, as issued by the State of North Carolina, authorizes the operation of the subject
animal waste collection, treatment, storage and land application system in accordance with
Swine Waste General Permit AWG100000.
On October 11, 2002, Mr. Chester Cobb from the Wilmington Regional Office of the
Division of Water Quality performed a routine compliance inspection of your facility. During this
inspection, Mr. Cobb noted several conditions that were in violation of Swine Waste General
Permit AWG100000.
The following violations were found:
1. It was noticed that the receiving crops differ from those listed in the Certified Animal
Waste Manaaement Plan (CAWMP). Hybrid bermudagrass (hay) was listed as the
receiving crop for one of the fields. No hybrid bermudagrass field was found at the
facility. Also, it is not clear which part of Field 5 should be in bermudagrass and which
should be in row crops (corn, wheat, and soybeans). On May 2, 2001, a letter was
mailed to you requiring a Wettable Acre Determination (WAD) to be done. This was also
noted on the compliance inspection of this facility by Mr. Dean Hunkele on May 10,
2001.
This is in violation of Condition II Operation and Maintenance Requirements, Part 2 of
the General Permit that states, "A vegetative cover shall be maintained on all land
application fields and buffers in accordance with the CAWMP." The CAWMP needs to
clearly identify the land application fields, the acres that can be irrigated, and the
receiving crops. In order for this requirement to be met, a WAD is needed and the
appropriate receiving crop needs to be planted. I have included the letter that was sent
on May 2, 2001 describing what is required for the WAD.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748
A

David Sutton
October 29, 2002
Page 2 of 3
2. It was noted that the plant available nitrogen (PAN) rate of 270 Iblac listed for hybrid
bermudagrass hay was used as the beginning PAN rate for the 2002 waste applications
to soybeans. While soybean was included in the narrative of the waste utilization plan,
no PAN amount or application window was listed. The application amount (hydraulic
and PAN) and window for the crops must be specified in the waste utilization plan.
This is in violation of Condition I Performance Standards, Part 2 of the General Permit
that in part states, "The CAWMP must be consistent with all applicable statutes, rules,
and standards in effect at the time of siting, design and certification of the facility."
3. It was noted that the Certificate of Coverage (COC) and a copy of the General Permit
could not be found with the records.
This is in violation of Condition I Performance Standards, Part 4 of the General Permit
that states, "A copy of this General Permit, COC, certification forms, lessee and
landowner agreements, and the CAWMP shall be readily available at the farm (stored at
places such as the farm residence, office, outbuildings, etc.) where animal waste
management activities are being conducted for the life of this permit."
4. It was noted that there were no weekly freeboard records being kept at the farm.
This is in violation of Condition III Monitoring and Reporting Requirements, Part 2 of the
General Permit that in part states, "Waste lagoon and storage pond levels shall be
recorded weekly on forms supplied or approved by the DWQ."
5. It was noted that no waste samples had been taken since December 15, 2000.
Therefore, there are no waste analyses to cover waste applications in 2001 and 2002.
This is in violation of Condition III Monitoring and Reporting Requirements, Part 4 of the
General Permit that states, "An analysis of the animal waste shall be conducted as close
as practical and at least within 60 days (before or after) of the date of application."
6. It was noted that the facility does not have a designated certified operator in charge.
This is in violation of Condition V General Conditions, Part 2 of the General Permit that
states, "The Permittee shall designate a certified animal waste management system
operator to be in charge (OIC) of the animal waste management system."

David Sutton
October 29, 2002
Page 3 of 3
Response requirements are listed as follows:
(1) A detailed Plan of Action must be submitted to the Wilmington Regional Office, -Division
of Water Quality. The Plan of Action must include:
a. The individual violations. .
b. A description of the proposed actions to be taken to bring violations back into
compliance and to prevent their recurrence.
c. The dates when the proposed actions will be accomplished.
(2) The written Plan of Action must be received by this office within 15 working days of the
receipt of this notice.
(3) Upon approval of the proposed Plan of Action, you will then be required to notify this
office when the corrective actions are completed.
Be advised that the Division of Water Quality may take further action in these matters
including assessment of civil penalties, injunctive relief, and permit revocation.
You may wish to contact your Service Company, 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.
If you have any questions concerning this matter; please do not hesitate to contact Mr.
Chester Cobb at [phone], ext. 226.
Sincerely,
C L . UiV
Rick Shiver
Water Quality Regional Supervisor
cc: Kraig Westerbeek, Murphy — Brown, LLC
Kenneth Best, Duplin County Health Department
Billy Houston, Duplin County Soil and Water Conservation
Patrick Fussell, DSWC-WiRO .
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-842
S:IWQSIAnimallDuplin12002131-842 Sutton NOV.wpd

O�OF WArF1 ¢y Michael F. Easley, Governor
y William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL # 7002 1000 0005 6491 9835
RETURN RECEIPT REQUESTED
October 29, 2002
Mr. David Sutton
David Sutton Farm
833 Seth Turner Rd.
Albertson, NC 28508
Subject: Notice of Violation
David Sutton Farm
Facility Number: 31-842
Duplin County
Dear Mr. Sutton:
This Notice of Violation is issued on this date to Mr. William David Sutton, owner of the
David Sutton Farm covered under Certificate of Coverage AWS310842. This Certificate of
Coverage, as issued by the State of North Carolina, authorizes the operation of the subject
animal waste collection, treatment, storage and land application system in accordance with
Swine Waste General Permit AWG100000. '
On October. 1 t •2002, Mr. -Chester Cobb from the Wilmington Regional Office of •the
Division of Water Quality performed a routine compliance inspection of your facility. During this
inspection, Mr. Cobb noted several conditions that were in violation of Swine Waste General
Permit AWG100000.
The following violations were found:
1. It was noticed that the receiving crops differ from those listed in the Certified Animal
Waste Management Plan (CAWMP). Hybrid bermudagrass (hay) was listed as the
receiving crop for one of the fields. No hybrid bermudagrass field was found at the
facility. Also, it is not clear which part of Field 5 should be in bermudagrass and which
should be in row crops (corn, wheat, and soybeans). On May 2, 2001, a letter was
mailed to you requiring a Wettable Acre Determination (WAD) to be done. This was also
noted on the compliance inspection of this facility by Mr. Dean Hunkele on May 10,
2001.
This is in violation of Condition II Operation and Maintenance Requirements, Part 2 of
the General Permit that - states, "A vegetative cover shall be maintained on 'all land
application fields and buffers in accordance with the CAWMP." The CAWMP needs to
clearly identify the' land application fields, the acres that can be irrigated, and the
receiving 'crops. In order for this requirement to be met, a WAD is needed and the
appropriate receiving crop needs to be planted. I have included the letter that was sent
on May 2, 2001 describing what is required for the WAD.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service I AM
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] N —ENR

David Sutton
October 29, 2002
Page 2 of 3
2. It was noted that the plant available nitrogen (PAN) rate of 270 Ib/ac listed for hybrid
bermudagrass hay was used as the beginning PAN rate for the 2002 waste applications
to soybeans. While soybean was included in the narrative of the waste utilization plan,
no PAN amount or application window was listed. The application amount (hydraulic
and PAN) and window for the crops must be specified in the waste utilization plan.
This is in violation of Condition I Performance Standards, Part 2 of the General Permit
that in part states, "The CAWMP must be consistent with all applicable statutes, rules,
and standards in effect at the time of siting, design and certification of the facility."
3. It was noted that the Certificate of Coverage (COC) and a copy of 4he General Permit
could not be found with the records.
This is in violation of Condition I Performance Standards, Part 4 of the General Permit
that states, "A copy of this General Permit, COC, certification forms, lessee and
landowner agreements, and the CAWMP shall be readily available at the farm (stored at
places such as the farm residence, office, outbuildings, etc.) where animal waste
management activities are being conducted for the life of this permit."
4. It was noted that there were no weekly freeboard records being kept at the farm.
This is in violation of Condition III Monitoring and Reporting Requirements, Part 2 of the
General Permit that in part states, "Waste lagoon and storage pond levels shall be
recorded weekly on forms supplied or approved by the DWO."
5. It was noted that no waste samples had been taken since December 15, 2000.
Therefore, there are no waste analyses to cover waste applications in 2001 and 2002.
This is in violation of Condition III Monitoring and Reporting Requirements, Part 4 of the
General Permit that states, "An analysis of the animal waste shall be conducted as close
as practical and at least within 60 days (before or after) of the date of application."
6. It was noted that the facility does not have a designated certified operator in charge.
This is in violation of Condition V General Conditions, Part 2 of the General Permit that
states, "The Permittee shall designate a certified animal waste management system
operator to be in charge (OIC) of the animal waste management system."

David Sutton
October 29, 2002
Page 3 of 3
Response requirements are listed as follows:
(1) A detailed Plan of Action must be submitted to the Wilmington Regional Office, Division
of Water Quality. The Plan of Action must include:
a. The individual violations.
b. A description of the proposed actions to be taken to bring violations back into
compliance and to prevent their recurrence.
c. The dates when the proposed actions will be accomplished.
(2) The written Plan of Action must be received by this office within 15 working days of the
receipt of this notice.
(3) Upon approval of the proposed Plan of Action, you will then be required to notify this
office when the corrective actions are completed.
Be advised that the Division of Water Quality may take further action in these matters
including assessment of civil penalties, injunctive relief, and permit revocation.
You may wish to contact your Service Company, 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.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Chester Cobb at [phone], ext. 226.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Kraig Westerbeek, Murphy — Brown, LLC
Kenneth Best, Duplin County Health Department
Billy Houston, Duplin County Soil and Water Conservation
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-842
S:IWQS1AnimaINDuplin12002131-842 Sutton NOV.wpd

State of North Carolina
Department of Environment
and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
CERTTFiED MAIL
RETURN RECEIPT REQUESTED
William David Sutton
David Sutton Farm
833 Seth Turner Rd
Albertson NC 28508
Dear William David Sutton:
ffl1?W'A
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 2, 2001
i
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
David Sutton Farm
Facility Number 31-842
Duplin County
A Ietter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by John Hunt on 9/13199 was made to review the actual number of acres at your facility
that receive animal waste during land application. The evaluation of your facility has yielded one of the
following two results as indicated by the box marked with an ' X'.
Category l:
❑ The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing John Hunt the necessary information
to potentially exempt your facility from undergoing a complete wettable acre determination.
Please submit this information to John Hunt, at 127 Cardinal Drive Extension, Wilmington,
NC 28405-3845, within in 90 days of the receipt of this letter. If you have any questions
please contact John Hunt at [phone]. If within 90 days you are unable to provide
John Hunt with the information you are automatically required to complete a Wettable
Acre Determination as described by Category 2 below, within 180 days of receipt of
this letter.
1617 Mail Service Center, Raleigh, North CaroIina 27699-1617 Telephone [phone] Fax [phone]

Notification for Wettable Acre Determination
Animal Waste Management System
Paae 2
Category 2:
Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources .Conservation
Service, and the Division of Soil and Water Conservation have"received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQ within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief. -
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination,Certification.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at [phone] ext. 571.
Sincerely,
Kerr T. Stevens
cc: Wilmington Regional Office
Duplin County Soil and Water Conservation District
Facility File
C nrrn11'c Fnnrlc- Tnr

T
0 Division of Water Quality
O Division of Soil and Water Conservation
0 Other Agency
(Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
(Reason for Visit O Routine O Complaint O Follow up O Emergency Notification Q Other ❑ Denied Access
Facility Number 31 842 Date of Visit: 14/11/2002 Time: 1115
O Not O erational O Below Threshold
® Permitted 0 Certified E] Conditionally Certified 0 Registered Date Last Operated or Above Threshold- - -- -- -- -- -- -.
Farm Name: Daxid.Su�t4�i k�r ............................................................... County: DJAPIu.................................... S'.4' RO......
Owner Name: 'iUiamA�Yid;�ut1Q0. Phone No: Z52.5 .83453.(MAQr291-1894(Pki rl
Mailing Address: $3 . �lih. >�rra>i�............................................................................ AlbuloR.A.C....................................................... 7.85.0.8 ..............
FacilityContact: ........................................................... Title: .... ........................................... Phone No:......................................
Onsite Representative: dtrlWi�fJ_3�AJ[ufg�lX--------------------------------- Integrator:Carrel'.5.E4DdXJ1Lr,---------------------..
Certified Operator:. .................................................
Location of Farm:
Operator Certification Number:..........
East of Red Hill. On East side of SR 1501 approx. 1 mile South of SR 1519.
IV
ri,
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 04 i 33 u Longitude 77 • 54 i 20
Design Current
Swine Canacity PODuletion
® Wean to Feeder
1760
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
[:]Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population' Cattle Capacity Population
❑ Layer ❑ Dairy
❑ Non -Layer ❑ Non -Dairy
❑ Other
Total Design Capacity 1,760
Total SSLW 52,800
Number of Lagoons 1 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds 1 Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes 0 No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes 0 No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: --•--•-- •--•--•--•--•--• ..--•--•--•--•--•--•--•--•- -----•-
Freeboard (inches): 46
05103101 Continued

r�
Facility Number: 31 —842
Date of Inspection 10/11/2002
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type Soybeans Small Grain (Wheat, Barley,
❑ Yes N No
N Yes ❑ No
❑ Yes N No
❑ Yes N No
❑ Yes ® No
❑ Yes ® No
❑ Yes N No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ® Yes []No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes []No
b) Does the facility need a wettable acre determination? N Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss reviewlinspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
N Yes []No
❑ Yes ❑ No
N Yes ❑ No
❑ Yes N No
IN Yes ❑ No
❑ Yes IR No
N Yes ❑ No
❑ Yes N No
N Yes ❑ No
® Yes ❑ No
❑ Yes N No
113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments (refer to}qu'e`sPotui}an##) `Explain any YES answers and/or any recommendations or any otli`er'co"mments
' ffiE'A 3i €fh8 sF
Use drawings of facilif lbetter�,explain srtuahons. (use additional pages as necessary): ❑Field Copy ❑Final Notes
�€'d�:&aP
NOTE: Inspection was also partly a complaint inspection. I (Chester Cobb) had received a call
AL
concerning odor from burying of pigs. No odor noticed and no improper burial of pigs noticed. Owner has
a dead box with the dead pigs being picked up and delivered to a rendering plant.
6) There appears to be something buried to the north side of the lagoon. This needs to be identified.
Reviewer/Inspector Name ;Chester Cobb ti Gale Stenberg
Reviewer/Inspector Signature: Date:
05103101 Continued

J I ,
Facility Number: 31-842
Date of Inspection 1 /11/2002
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, mussing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ®No
❑ Yes ®No
❑ Yes ®No
❑ Yes ® No
❑ Yes ❑ No
13) Bermuda (hay) listed in waste management plan. No bermuda in sprayfields. Narrative lists
soybeans and wheat in waste plan but gives no PAN rate.
4) Farm needs a wettable acre design. Fields and pulls are not clearly labeled.
5) It appears that the soybeans have been disked in. Also, it does not appear that any small grains
ave been planted. Small grains need to be planted soon especially since waste was applied on
/26/02 and 9/27/02.
6) Owner has agreement with brother to do the pumping.
7) No Certificate of Coverage or General Permit with records.
9) No freeboard readings kept with records.
No waste samples have been taken to cover 2001 and 2002 waste applications. The last waste
nalysis with the records was dated 12115/00.
Using the PAN rate of 270 ib/ac listed for bermuda in waste plan as the PAN rate for soybeans. Onl
ne application for two pulls was recorded for soybeans.
Need to pull a 2002 soil sample.
1) Farm does not have a certified operator listed. Left operator designation form to be filled out and
sailed in.
) Representative was present for first part of inspection, but had to leave later. I did discuss with
)resentative about some of the issues at the farm.
) A followup visit needed. Will contact owner about setting another visit later.
NOTE: I left my business card. Call me if you have any questions.
Inspection time: 1115 - 1445
ravel: 140 mins.
05103101

oFAr�ROG Michael F. Easley
Governor
rWilliam G. Ross Jr., Secretary
Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 1, 2004
Mr. David Sutton
833 Seth Turner Road
Albertson, NC 28508
SUBJECT: Final Notice
Request for Payment of Civil Penalty
Farm # 31-842
File No. PC 03-002
Duplin County
Dear Mr. Sutton:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Your immediate attention to this matter is required. On April 4, 2003, the Division of Water
Quality (DWQ) assessed a civil penalty against you in the amount of $1,709.86, including
$209.86 in investigative costs, for violations of your animal waste management permit- DWQ
has the certified mail green card that shows that you received the civil penalty assessment on
April 10, 2003.
In that letter, you were notified that you had three options available to you within thirty (30)
days according to North Carolina General Statute 143-215.6A. You could pay the penalty, you
could request remission of the penalty, or you could file a contested case petition with the Office
of Administrative Hearings. As of June 1, 2004, you have not done any of those three things.
Therefore, by state law, the full amount of the penalty is immediately due and payable.
This letter serves as final notice that DWQ will -refer your case to the North Carolina
Attorney General's Office unless payment is received within 10 days of your receipt of this
notice. If necessary, the Attornev General's Office will file a case against you in the
Superior Court of Duplin County to collect the Penalty.
lVC E R
Customer Service: Mailing Address: Telephone [phone] Location:
1-i377-623-6748 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 /Affirmadve Action Employer
50% recycled / 10 o post -consumer paper
h t tp ✓/h2o. en r. s to te. nc. us

Please send the payment within ten calendar days to:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you would like a receipt that your payment was received, please send it via certified mail.
If you have any questions, please contact Steve Lewis at [phone] ext. 539 or Linda
Fitzpatrick at [phone] ext. 526.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
cc_ Rick Shiver, Wilmington Regional Office
she's er Cobb? WIRO
File # PC 03-002
Central Files

O�OF W AxfiROG711L
Michael F. Easley
Governor
William G. Ross Jr_, Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 1, 2004
Mr. David Sutton
833 Seth Turner Road
Albertson, NC 28508
SUBJECT: Final Notice
Request for Payment of Civil Penalty
Farm # 31-842
File No. PC 03-002
Duplin County
Dear Mr. Sutton:
CERTIFLED MAII.
RETURN RECEIPT REQUESTED
Your immediate attention to this matter is required. On April 4, 2003, the Division of Water
Quality (DWQ) assessed a civil penalty against you in the amount of $1,709.86, including
$209.86 in investiIP
gative costs, for violations of your animal waste management permit. DWQ
has the certified mail green card that shows that you received the civil penalty assessment on
April 10, 2003.
In that letter, you were notified that you had three options available to you within thirty (30)
days according to North Carolina General Statute 143-215.6A. You could pay the penalty, you
could request remission of the penalty, or you could file a contested case petition with the Office
of Administrative Hearings. As of June 1, 2004, you have not done any of those three things.
Therefore, by state law, the full amount of the penalty is immediately due and payable.
This letter serves as final notice that DWQ willzefer your case to the North Carolina
Attorney General's Office unless payment is received within 10 days of your receipt of this
notice. If necessarv, the Attornev General's Office will file a case against you in the
Superior Court of Duplin County to collect the penalty.
IPWI
NCDENR
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 OpportunityI Affirmative Action Employer
50% recycled / f 0% post -consumer paper
http✓/h2o.enrstate.nc. us

':1
Please send the payment within ten calendar days to:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you would like a receipt that your payment was received, please send it via certified mail.
If you have any questions, please contact Steve Lewis at [phone] ext. 539 or Linda
Fitzpatrick at [phone] ext_ 526.
Sincerely,
eJeey'O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
cc: dick -Shiver, Wilmington Regional Office
u,:------------ _
Chester Cobb, WIRO
File # PC 03-002
Central Files

DF W A r,!�,QG
r
April4, 2003
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
CERTIFIED MAIL. oRETURN RECEIPT RE UESTEDMr. David SuttonDavid Sutton FarmC4Ptp
�4�_`
833 Seth Turner Rd. _
Albertson NC 28508
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
David Sutton Farm
Duplin County
File No. PC 03-002
Permit No. AWS310842
Dear Mr. Sutton:
This letter transmits notice of a civil penalty assessed against David Sutton in the amount of
$1,709.86, including $209.86 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken
under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and
Natural Resources (do not include w•aiverform). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Steve Lewis
Water Quality,Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617 y
OR
NCDENiR
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 452-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/10% post-consumerpaper
httpJ/h2o. enr.state.nc. us

2. Submit a written request for remission or mitigation including a detailed justification for such
request:
A request for remission or mitigation is limited to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver (form attached) of your
right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute.
You must execute and return to this office the attached waiver and stipulation form and a detailed
statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator -promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Steve Lewis
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter I50B of the North Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
67I4 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr. Dan Oakley
Registered Agent
Dept. of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a
postmark) indicating wheri we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations which occur after the review period of this
assessment.
If you have any questions, please contact Steve Lewis at [phone], extension 539.
Sincerely,
Kent Wiggins
Acting Supervisor
Non -Discharge Compliance/Enforcement
ATTACHMENTS
cc.Lkegianal-Supervisor-w/-attachments
Compliance/Enfor me`nt file w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF Du lin
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADWNISTRATIVE HEARING AND
William David Sutton ) STIPULATION OF FACTS
FILE NO_ PC 03-002
Having been assessed civil .penalties totaling S1,709.86 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated April 4,
2003 , 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
ADDRESS
TELEPHONE
SIGNATURE
20_

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
File No. PC 03-002
IN THE MATTER OF )
WILLIAM DAVID SUTTON }
FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF
OF THE NON -DISCHARGE _ - - ) CIVIL, PENALTIES
GENERAL PERMIT AWG 100000 }
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, J. Kent
Wiggins, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of
Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. William David Sutton owns and operates the David Sutton Farm, a -swine
operation located along SR 1501 in Duplin County.
B. William David Sutton was issued Certificate of Coverage AWS310842 under
General Permit AWG100000 for the David Sutton Farm on February 5, 2002,
effective February 5, 2002, with an expiration date of April 30, 2003.
C. Condition No. V. 2. of the issued permit states "The Perrnittee shall designate a
certified animal waste management system operator to be in charge (OIC) of the
animal waste management system. The animal waste management system shall
be operated by the OIC or a person under the OIC's supervision."
D. Condition No. III. 2. of the issued permit states in part "Waste lagoon and storage
ponds levels shall be recorded weekly on forms supplied or approved by the
E. Condition No. IIl. 4. of the issued permit states in part "An analysis of the animal
waste shall be conducted as close to the time of application as practical and at
least within 60 days (before or after) of the date of application."

F. DWQ staff inspected the David Sutton Farm on October 11, 2002. Staff found
that the faun did not have a designated OIC and that records for weekly waste
lagoon levels were not readily available for inspection. Also, staff found that no
waste analysis had been conducted within 60 days of waste applications occurring
on February 7, February 8, and May 27, 2002. At time of inspection, the most
recent waste analysis was dated December 15, 2000.
G. The costs to the State of the enforcement procedures in this matter totaled
$209.86.
Based upon the above Findings of Fact, I make the following:
II_ CONCLUSIONS OF LAW.
A_ William David Sutton 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. William David Sutton failed to designate a certified animal waste management
system operator to be in charge of the farm's animal waste management system as
required by Condition No. V. 2. of General Permit AWG100000.
D. William David Sutton failed to have records of weekly waste lagoon levels as
required by Condition No. M. 2. of General Permit AWG100000.
E. William David Sutton failed to obtain a waste analysis within 60 days of waste
applications occurring on February 7, February 8, and May 27, 2002 as required
by Condition No. III. 4. of General Permit AWG 100000.
I
F. WiIliam David Sutton 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 ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against William
David Sutton pursuant to G_S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
H. 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:
III. DECISION:
William David Sutton is hereby assessed a civil penalty of:
$_� d for violating Condition No. V. 2. of Permit No.
AWG 100000 by -failing to designate a certified animal
waste management system operator to be in charge of the
farm's animal waste management system
for violating Condition No_ III. 2. of Permit No.
- AWG 100000 by failing to record weekly freeboard levels
$ 209.86
for violating Condition No. III. 4. of Permit No.
AWG 100000 by failing to conduct waste analysis within 60
days of waste application
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on 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.
y
( ate) ent Wiggins, Acting isor
'on -Discharge Compliance and Enforcement Unit
Division of Water Quality

O�OF WATFRpG Michael F. Easley, Governor
y v William G. Ross Jr., Secretary
COW
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
MEMORANDUM
TO: Steve Lewis, Environmental Specialist II
Non -Discharge Compliance/Enforeemcnt Unit
FROM: Chester Cobb, Environmental Specialist II
Wilmington Regional Office
THROUGH: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
William David Sutton
David Sutton Farm
Facility Number: 31-842.
Duplin County
DATE: January 28, 2003
Attached please find the subject enforcement report which concludes that Mr. Sutton:
• Violated Condition V. 2. of the Swine Waste General Permit AWG10000 by failing to designate a
certified animal waste management system operator to be in charge (OIC).
• Violated Condition III.2. of the Swine Waste General Permit AWG 10000 by failing to have records
of waste lagoon levels on a weekly basis.
• Violated Condition III.4. of the Swine Waste General Permit AWG10000 by failing to conduct an
analysis of the animal waste within 60 days of application.
On October 11, 2002, Mr. Chester Cobb performed a routine compliance inspection of the David Sutton
Farm and noted the above violations of Swine Waste General Permit AWG100000. On October 29,
2002, a Notice of Violation was issued for the above violations. A Notice for Recommendation for
Enforcement was issued on December 3, 2002 due to owner not claiming the Notice of Violation.
It is recommended that appropriate civil penalties be assessed in accordance with North Carolina General
Statute 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 $209.86 pursuant to North Carolina General Statute 143-
215.3(a)(9) and N.C.G.S. 14313-282.1(b)(8).
If you have any questions, please contact me at 910-395-3900.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
S:IWQSIANIMALSIDUPLIN12002131-842enI131-842memo
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748
;rA
1NDEAIR

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
David Sutton Farm
833 Seth Turner Rd
Albertson NC 28508
Attn: David Sutton
Dear David Sutton:
� o
"""NCD�NK
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 5, 2002
Subject: Certificate of Coverage No. AWS310842
David Sutton Farm
Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
In accordance with your application received on August 20, 2001, we are forwarding this Certificate of
Coverage (COC) issued to William David Sutton, authorizing the operation of the subject animal waste
collection, treatment, storage and land application system in accordance with General Permit
AWG100000. This approval shall consist of the operation of this system including, but not limited to,
the management of animal waste from the David Sutton Farm, located in Duplin County, with an animal
capacity of no greater than 1760 Wean to Feeder and the application to land as specified in the Certified
Animal Waste Management PIan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003. 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, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
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 including civil penalties, criminal penalties, and injunctive relief.
The facility's CAWMP meets all requirements in place at the time of certification. However, it appears
that the irrigation system on site may not adequately cover all acreage listed in the Waste Utilization
Plan. The owner should begin to address this inconsistency as soon as possible.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request
shall be made within 30 days of notification by the Division.
1617 Mail Service Center, Raleigh, North Carolina 27699-16I7 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/] 0% post -consumer paper

Certificate of Coverage AWS310842
David Sutton Farm
Page 2
This COC is not automatically transferable. A name/ownership change application must be submitted to
the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual non -discharge permit by contacting the engineer listed below for information on
this process. Unless such a request is made within 30 days, this COC shall be final and binding.
The subject farm is located in the 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, please contact Sue Homewood at [phone] eat. 502.
Since ,
r
-j, <Gregory J. Thorpe, Ph.D.
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
Water Quality Central Files
NDPU Files

NORTH C.4ROLLN A
E?\171RO'\-.kMN-E-,k-L.NZkNAGEMEN\T COINL USSION
DEPA-RTMENT OF E:N171R0?N11Mh7A.�TD NATURAL RESOURCES
S'vNZIh'E WASTE OPER-knON GENERAL PERMIT
This _permit shall be effective from the date -of issuance until Abed 30, 2003. Holdtrs of
Certificates of Coverage (COC) under this p4tmit small comply with the following specified conditions
and limitations:
I_ PERFORMALNCE STANDARDS
1. The animal waste collection, treatment, storage and application system permitted under
this permit shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of pollutants to sunace waters, wetlands, or ditches. Application of
waste at agronomic rates to terraces and grassed waterways is acceptable in accordance
with Naawml Resources Conservation Service (NRCS) Standards. Facilitics which are in
compliance with their CAWMP and this permit, which. unintentionally discharge as a
result of a storm event greater than the 25-year, 24-bour storm, will not be considered to
be in violation of this permit
2. The CAWIv2 is bereby incorporated by referenc_ into this general permit_ New or
expanding farms are required to be certified prior to the stocking of animals. The
CAW 2 must be consist=t with all applicable statutes, rules and standards in effect at -
the time of siting, design and ceruvcation of the facility. Any violation of the CAWMP
shall be considered a violation of this general_permit and subject to enforcement actions.
A violation of the Gen t-nal Permit may result in the Permittee having to take immediate or
long term corrective action(s) as required by the envision of Water Quality. These
actions may include modifying the CAWN2, ceasing land application of waste, or
removing animals ffom the fa m-
3. The facility may not be expanded above the capacity shown in the COC until a new COC
reflecting the expansion has been issued.
4. A copy of this Gen .-al -Permit, CDC, certification forms, lessee and .landowner
agreements, and the CAW_MP shall. be readily ava+iable at the farm (stored at places such
as the farm residence, office, outbuildings, etc.) wh_rr animal waste manag_mnt
activities are being conducted for the life of this permit_ These documents shall be kept
in good condition and records shall be maintained in an orderly fashion.
r%. For all new and expanding oD-,ations, no collection or storage fariiities may be
constructed in a 10C year flood plain.

6. `x sting seine dry lots may remain in wetlands as long as the wetlands Lases arc not
rernovcd or degraded as a result of the s.+�ine. The swine howcvtr may not be confined
widlin 100 feet of an adjacent stream or a seasonally -flooded area. Tne swine also must
not cause a loss of more than 10% of the existing tree canopy. V�� nere trees do not exist,
the area must be managed to include crop rotation_
II. OPERATION AND KkLN'TENANCE RE IIIRENfEINTS
I_ The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated.
?. A vegetative cover shall be maintained on all land application fields and buffers in
accordance with the CAVJIVIP. No waste may be applied upon fields not included in the
CAVWMP.
3. Lime must be applied, as needed, to maintain- soil pH in the optimum range for crop
production,
4. Land application rates shall be in accordance with the CAWMP. In no case wall land
application razes exceed the Plant Available Nitrogen rate for the receiving crop or result
in runoff, during any given application. ;
5_ Application of animal waste onto land which is used to grow crops for •.direct human
consumption (e_g., ' strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the case'',
of fruit bearing trees, following breaking dormancy_ Application of animal wastes shall
not occur within 30 days of the harvesting of fiber and food crops for direct human
consumption that undergo further processing.
6. if manure or sludges are applied on conventionally tilled bare soil, the wastw shall be
incorporated into the soil'within ithin two (2) days after application • on the land. This
reaLiremcnt does not apply to no -till fields, pasture, or fields where crops are actively
growing.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and application system.
Washdown of stock trailers, owned by and used to transport animals to and from this
farm only, will be permissible as long as the system can accommodate the additional
volume. Only those detergents and disinfectants that are labeled by the manufacturer as
readily biodegradable may be utied.
8. Disposal of dead animals shall be done in a;cordance with the North Carolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's
_ r__zulations.

Q. Lnitss az_Ounted for in ttmpora--y storage vojume, all uncontarninated rLI3o' i=oim the
st::ioundina Droperry and buildin-as shall be diverted from the animal waste la2oor.,s
and sto,aet ponds to prevent any unnecessary addition to the liquid volume is the
szl-uctures_ ..
10. A protective vcptative cover shall be established and maintained on all laaoon/storaoe
pond embankments (outside toe of emban'k-ment to maximum pumping elevation), berms,
pine runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow -on the lagoon/waste storage pond crnbanlanents. All trees shall
be removed in accordance with good en°ine-.,rin; practices. Lagoon/waste storage pond
areas shall be accessinle, and vegetation shall be kept mowed_
11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance
with a CAWNT. When removal of sludge from the lagoon is necessary, provisions must
be taken to prevent damage to lagoon dies and liners.
12. Lzaoons/storaae ponds shall be kept fine of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
11 T"n- facility must have one of the following items at all times (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for tht use of
the necessary equipment, (c) a contract with a third party applicator capable of providing
adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition U (4).
N10NTITOR_I-G 4NTD REPORTING REOLUEMEWS
1. An inspection of the waste collection, treatment, and storage strictures and runofr control
measures shall be conducted at a frequency to insure proper operation but at least
monthly and alter storm events. For example, lagoons, storage ponds, and other
structures should be inspected for evidence of erosion, leakage, damage by animals or
d schara_. Any major structural repairs (to lagoons or wastV storage ponds) must have
�Titten documentation from a technical specialist ecr'dl=ying proper aesign and
installation. However, if a piece of equipment is being repined with a piece o1
equipment of the identical specifications, no technical specialist approval is necessary
li-e. piping, reels, valves, pumps (if the GPM capacity is not being increased or
de,.�eased), etc.].
3

2_ 11F not already irstalled at this facility, a waste -level gauge to monitor waste levels si:all be
Lastalled within 60 days of issuance of the COC under this general permit. This gang -
shall have readily visible permanent rarhirgs indicating the maximum liquid level at the
tap of the temporary liquid storage volume, minirnum liquid level at the bottom of the
temporary liquid storage volume, top of the dam elevations. 'Whem storage ponds are
utilized, only a gauge indicating the maximum liquid level at the top of the temporary
liquid stake volume and top of dam elevations need be installed. Caution must be taken
not to damage the inter ty of the liner wben installing the gauge. Waste lagoon and
storage pond levels shall be r.. orded weekly on forms supplied or approved by the
DWQ. For level gauges already installed, the gauge shall have at a minimum: readily
visible permanent. markings indicating the maximum liquid level at the top of the
temporary liquid storage volume and minimum liquid level at the bottom of tht
temporary liquid stogie volume.
3. ' A representative Standard Soil Fzrtility Analysis, including pH, copper, and zinc, shall be
conducted annually on each application field receiving animal waste. The results of these
tests shall be maintained on file by the Permitme for a minimum of three years and shall
be made available to the DWQ upon request.
4. An analysis of the animal waste shall be conducted as close to the time of application as
practical and at least within 50 days (before or after) of the date of application. This
analysis shall include the following parameters:
Nitrogen Zinc
Phosphorous Copper
e
5. Records, including land application event(s) and removal of solids to an off -site
loca-dons) records, shall be maintained by the Ptamitt-e in chronological and legible
form for a minimum of three years. These records shall be maintained on forms provided
or approved by the DWQ and shall be readily available for inspection.
5. Regional Notification:`
the Pemdn= shall report by tY1-phDne to the appropriate Regional Ofuce 2s soon zS
possiole,'but in no case more than 24 hours following first lmowledae of the occurrtnce
of any of the following events: -
z Failure -of any component of the animal waste collection, treatment, storage and land
app;cation system resulting in a discharge to surface waters.'
b..ny failure of the animal waste treatment and disposal system that rendtrs the faci.iity
incapable of adequately r-cciving, treating or storing the animal waste and/or sludge.
c. A spiilI or discharge from a vehicle transporting animal waste or sludge to the land
an-o ication field which result in, a discaaree to suHace Raters or an event that hose,
a serious threat to studace wate ,_ -
d. Any deterioration o.-, leak in a lagoon/storage pond that posts an immediate threat to
the environment.
4

e. Failure Io rnaintaln storage capacity in a laboo:Llstorage Ereater than or tonal to
required in Condition V (3) of this General Pe=ir_ -
f.- Ovtra_op?ying at al waste either in excess of tht limits set out in the CAFE or
where -,unofr enttrs surface waters.
g. Any discharge that bypasses a lagoon/storaae pond resulting in a discharge to s=a e
wattns or that poses a serious iiaeat to the environment —
For
For any emergency which requires immediate reporting after normal business
hours, please contact the Division of Emergency Management at 1-$00-ESS-0368.
The Pttmin= shall ?—'so file a written report to the appropriatt DWQ Regional Office of
the ocou�nce within 5 caltndw days following fu-st knowledge of the occurztnct. This
report shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. The requirement to file a written report may not
be waived by the DWQ Regional Office.
IV'.. WSPECTICNS -
Any duly authorized oaicer, employee, or representative, of the DWQ may, upon
presentation of credentials and in accordance with reasonable and appropriate biosecuriry
measures, enter and inspect any property, premises or place on or related to the collection,
treatment, storage and land application system at any reasonable time for the purpose of
determining compliance with this perit; may inspect and obtain a copy of any records
that must be kept under the terms and conditions of this permit; and may obtain samples
of the animal waste, groundwat'r, soil, plant tissue, or surface water.
V. CENTRAL COhTITIONS t
1. The rssuanct of a COC under this permit shall not relieve the Pertninct of the
resaorsibhliry for damages to surface water or round raters resulting from the animal
operation.
2. The Perminct shall dtshaLatt a certified animal waste management system operator to be
in charge (OIC) of the animal waste management system. The animal waste management
syst= shall be operated by the OIC or a person under the OIC's supervision.
i ht maximums w=-- level in latroonslstoraat ponds shall not exceed that specified in the
CAWMP. At a minimum, maydmum waste level for lagoons/storage ponds roust not
exceed tht level that provides adequatt storage to contain the 25-year, 24- hour storm
event plus an additional I Toot of structu ial fretboard. In addition to tot above
rtcltairz!menfs, for new and expanding farms with Iagoon dtsians completed of -tr
September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons
without an outside dinaat are --
In the cast of iaL-oonsfstorage_ponds in series that are gravity ftd, the 25-ytar,-24-hour
storm �vtnt and/or the heavy rainfall factor storagt requirements for the system may be
design=d into the lowest lagoon/storaat pond In the system. However, ad--ouat_
freeboard must be [-signed Into each of the UDMI lagoons/storaQt ponds to allow
sufzicitnt storage to prevent the waste level from raising into the strucnzral freebozrd
while the storm water is draininz into the lowest lagoon'in the system-
5

Should the DWQ have good reason to bel.ievt that any activities conducted au;suarit to
this pe:--•�:.ii may cause or contribute any waste, directly or indire; tiv, to be intermixed
with the waters of the State, the DWQ may require any monitoring (including but not
limited to groundwater, surface water, animal waste, sludge, soil and plant tissue)
necessary to determine the source, quantity, quality, and effect of such waste upon the
waters of the State. Such monitoring, including its scope, frequency, duration and any
sampling, testing, and reporting systems, shall meet all applicable Environmental
Management Commission requirements. "Good Reason" may be based on the findings of
a related Federal, State, Commission or DEl\'R authorized study or report, or other
evidence showing that violations of Stag water quality standards or other applicable
environmental standard have occurred or may occur.
5_ Failure to abide by the conditions and limitations contained in this permit, the facility's
CA%IP and/or any CDC Issued under this permit may subject the Permittee to an
enforcement action by the DWQ in accordance with North Carolina General Statutes and
may include the requirement to obtain an individual non -discharge permit and/or the
modification of the animal waste management system
5. The issuance of a CDC under this permit does not excuse the Permittee from the
obligation to comply with all applicable statutes, rules, regulations, or ordinances (local,
state, and federal).
7. If animal production ceases, the Permittee shall close the lagoons/storage ponds in
accordance with Natural Resource Conservation Service (MRCS) laaoon/storatre pond
closure standards or develop and implement an animal waste management plan in
accordance with NRCS standards. Closure shall also include notifying the DWQ and
submittal of,the Animal Waste Storage Pond and Lagoon Closure Report Form to DWQ-
Water Quality Section- Non-Dischlarse Branch within 15 days of completion of closure-
8- The annual permit f= shall be paid by the Permittee within thing (30) days after being
billed by fr7ie Division. Failure to pay the fee accordingly constitutes grounds for
revocation of the COC ErantinL, coverage under this General Permit.
9. Failure of the Pcrminee to maintain, im null force and effect' lessee and landowner
agreements which are mouired in the CAVIMP, shall constitute --rounds for revocation of
the CDC tenting coverage under this General Pez_._it.
10. T his permit allows for the distribution of manure up to ! cubic yards per visit to
individuals for personal use.
9

4
1?- ine Groundwater Comnnuance Boundary Ior the disposal s3,stemn cor.SjTjme3 after
Decunoe: 31, 19E3, is cstabhshed at either (1) 250 feet from the waste st.TucrL.res znd
u o_-n the -,x•astc disposal area, or (2) 50 feet within the property boundary, whichever is
closest to th= waste suuctures and'the waste disposal area. If this facility was constructed
prior to December 31, 1983, the Compliance Boundary is established at 6th`r (1) 500
i_et from the waste disposal area, or (2) at the property boundary, whichever is closes to
the waste disposal area An exceedance of Groundwater Quality Standards at or beyond
the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the
Division in addition to the penalty provisions -applicable under the Norm Carolina
Gene. -al Statues.
ins General Pert issued the eiLxhteenth day of May,1998.
NORTH CAROL L►qA E-NTVIRO-NN=AL MANAGH—NENT COIulMISSION
1
A. Preston Howard, Jr., P. ,—uector
Division of Water Quality
By Authoriry of the -nvironmental Manatrcment Commission
Smdne Wzste General Permit Number AWG100000
7

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
March 12, 1999
CERTIFIED MAIL # Z 418 221 005
RETURN RECEIPT REQUESTED
Mr. William David Sutton
David Sutton Farm
833 Seth Turner Road
Albertson, NC 28508
F4CDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Notice of Violation
David Sutton Farm
Farm Number: 31-842
Duplin County
Dear Mr. Sutton:
You are hereby notified that the David Sutton Farm, which has been deemed permitted to
have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H
.0217, has been found to be in violation of its 2H .0217 Permit for the following:
1. On December 4, 1997, Mr. Brian Wrenn from the Wilmington Office of the Division of
Water Quality, inspected your animal operation and the lagoon(s) serving this operation.
It was observed that the lagoon had insufficient freeboard of 5 inches. On May 28, 1998,
_ - Mr. John Hunt from the Wilmington Regional_ Office of the --Division of Soil and Water
visited your facility and observed inadequate freeboard in the lagoon of 12 inches.
NRCS Conservation Practice Standard, Code 359 and 15A NCAC 2H .0217 specify that
the freeboard in your waste lagoon must be maintained at the appropriate level.
2. Due to the insufficient freeboard found in your lagoon, a Request for Information was
issued to you on June 15, 1998. You were required to submit the requested information
within 30 days of the receipt of the request. Repeated attempts were made to contact you
regarding the information request. However, an adequate response was not received until
February 23, 1999, over seven months beyond the stated deadline.
127 North Cardinal Dr., Wilmington. North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

Mr. William David Sutton
March 12, 1999
Page 2
Upon review of the information provided, it was determined that there is approximately
260,000 gallons of animal waste -that cannot be accounted for. Calculations for this are
based on the lagoon levels between December 4, 1997 and May 28, 1998, lagoon design
information, waste application records, and rainfall data for Duplin County. This indicates
a failure to maintain adequate waste application records
NRCS Conservation Practice Standard, Code 633 requires the facility to keep accurate and
complete records of waste application events. These records should be maintained for three years.
In 15A NCAC 8F .0203, Duties and Requirements of an Operator in Charge, it is specified that
the certified operator in charge is responsible for proper documentation of the daily operation of
the animal waste management system.
1.3
The Division of Water Quality will proceed to revoke David Sutton Farm's deemed
permitted status unless the following conditions are completed:
1. Notify this office of the actions being taken to correct the noted violations.
2. Make any modifications needed to ensure, there will be no future violations.
To remain a deemed permitted facility, you must notify this office in writing within seven
(7) days of the receipt of this notice, what actions will be taken to comply with your waste
management plan. Failure to comply with the above conditions will cause the existing animal
waste management system serving your animal operation to be considered in operation without a
permit as required by North Carolina General Statute 143-215.1.
Please be advised that this assessment does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violations.
When the required corrective actions are complete, please notify this office in writing. If
you have any questions concerning this matter please do not hesitate to contact either Mr. Brian
Wrenn, of our Wilmington Office at (910)-395-3900 or Mr. Shannon Langley at [phone],
ext. 581,
Sincerely,
r
Rick Shiver
Water Quality Regional Supervisor

cc:
Harold Jones, County Soil and Water Conservation
Don Butler, Carroll's Foods, Inc.
DWQ Operations Branch File
Wilmington Files
S:1WQSIBRIANWIENF99131-842.N0V

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
0FMM'A
IT &4;
• a
1
NCDENR
ENVIRONMENT ANo NATURAL RESOURCES
Division of Water Quality
October 13, 1999
CERTIFIED MAIL 2 153 115 922
RETURN RECEIPT RE VESTED
Mr. David Sutton
833 Seth Turner Road
Albertson, North Carolina 28508
Subject: Notice of Violation
David Sutton Farm
Facility 131-842
Duplin County
Dear Mr. Sutton:
On September 7, 1999, Mr. John Hunt working for the Wilmington
Regional office conducted a compliance inspection of the subject
animal operation. This inspection is a part of the Division's
effort to determine compliance with the State's Animal Waste
Management Regulations.
As a result of the inspection, the following violation was
observed:
Operation 'and -MaifitehAh& -'Regiiireinefits:` W vegetative .cover
shall be maintained on all land application fields and buffers in
accordance with the Certified Animal Waste Management Plan (CAWMP)..
The fields had clearly not been managed for Coastal Bermuda hay or
other crop production as indicated in the plan.
In addition the following deficiencies were observed:
A condition of the Certified Animal Waste Management Plan
requires that the lagoon freeboard be maintained at a
minimum of twelve (12) inches emergency freeboard plus a storm
storage of seven and a half inches (7-1/2) for a total of 19-1/2
inches of freeboard. The freeboard the lagoon was observed just
below eighteen (18) inches at the time of the inspection.
127 Cardinal Dr. Ert-, Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Alr►rmative Action Employer 50% recycled/100/. post -consumer paper

Mr. David Sutton
Page Two
A protective vegetative cover shall be established and
maintained on all lagoon/storage pond embankments... Lagoon/taste
storage pond areas shall be accessible,. and vegetation shall be
kept mowed. During the inspection it was evident the lagoon had
not been mowed in quite some time.
A condition of the CAWMP requires that waste samples must, be
collected and analyzed within 60 days of waste application. For
the waste applied in June 1999 there was no corresponding waste
sample. At the time of the inspection there were no soil samples
as yet for 1999.
Please respond to this Notice within 10 days of receipt. You
should include in your response the actions that you will take to
address these violations and deficiencies. Please address this to
the Wilmington Regional Office at the address indicated.
Mr. Hunt is located in the Raleigh Regional Office and may be
contacted there if further assistance or information is needed.
The Division of Water Qualityappreciates your cooperation in this
matter. If you have any questions regarding this inspection please
call Mr. Hunt at (9 19) 571-4700.
Sincerely,
Rick Shiver,
Water Quality Regional Supervisor
cc: Howard Hobson Carroll's Foods, Inc.
Mr. Harold Jones, Duplin County Soil and Water District
DWQ Compliance Group
WiRO Files

State of North Carolina
Department of Environment
-T K;WA
MD.
and Natural Resources
4
Wilmington Regional Office'
0
James B. Hunt, Jr., Governor
NCDENR
Bill Holman, Secretary
Kerr T. Stevens, Director
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
July 6, 2000
CERTIFIED MAIL #�ZQQ0;�06q0,0023"4229
RETURN REdbPT REQUESTED
Mr_ William David Sutton
David Sutton Farm
833 Seth Turner Rd.
Albertson, NC 28508
Subject-- Notice of Deficiency
Davio Sutton Farm
Facility Number: 31-842
Dliplin Cn1irty
Dear Mr. Sutton:
On June 6, 2000, 1 inspected your animal operation and the animal waste management system
serving this operation. During this visit, it was observed that your most recent waste analysis was dated _µ
September 3, 1999.- This is a deficiency of your-21-1 .0217`permit and 66"FCertified Animal Waste
-.„.1T L7F-•r.-
Please submit a Plan of Action to the Wilmington Regional Office of the Division of Water Quality
which addresses the noted deficiency. The Plan of Action should include a list of any and all modifications
that have been and will be implemented to correct the deficiency. The proposed written Plan of Action must
be received by this office within 15 days of the receipt of this notice. Upon approval and implernentation
of the plan, you must notify this office when the corrective actions are complete. Contact your Service
Company, County Soil & Water district office, orcounty extension office forany assistance they may be able
to provide.
If the deficiency is not corrected, the Division of Water Quality may issue a Notice of Violation and
pursue additional actions including civil penalties, injunctive relief, and revocation of your deemed permitted
status.

Mr. William David Sutton
July 6, 2000
Page 2
If you have any questions concerning this matter please do not hesitate to contact Mr. Stonewall
Mathis or myself at [phone],
Sincerely,
Greer McVicker
Environmental Specialist
cc: Billy Houston, Duplin County Soil and Water Conservation
Star Maready, Duplin County Cooperative Extension
Howard Hobson, Carroll's Foods Inc.
DWQ Non -Discharge. Operations Branch File
DWQ_Wilmington,Animal.. Files ;3 -_842 r,.1
S:IWQS\ANIMALSIDUPLIN1200M31-842suttonnod

O�OF W A rF9co ; Michael F. Easley, Governor
1 William G_ Ross Jr., Secretary
Cl North Carolina Department of Environment and Ndtural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL # 7002 1000 0005 6491 9835
RETURN RECEIPT REQUESTED
October 29, 2002
Mr. David Sutton
David Sutton Farm
833 Seth Turner Rd.
Albertson, NC 28508
Subject_: Notice of Violation_
David Sutton Farm
Facility Number: 31-842
Duplin County
Dear Mr. Sutton:
This Notice of Violation is issued on this date to Mr. William David Sutton, owner of the
David Sutton Farm covered under Certificate of Coverage AWS310842. This Certificate of
Coverage, as issued by the State of North Carolina, authorizes the operation of the subject
animal waste collection, treatment, storage and land application system in accordance with
Swine Waste General Permit AWG100000.
On October 11, 2002, Mr. Chester Cobb from the Wilmington Regional Office of the
Division of Water Quality performed a routine compliance inspection of your facility. During this
inspection, Mr. Cobb noted several conditions that were in violation of Swine Waste General
Permit AWG100000-
The following violations were found:
It was noticed that the receiving crops differ from those listed in the Certified Animal
Waste Management Plan (CAWMP). Hybrid bermudagrass (hay) was listed as the
receiving crop for one of the fields. No hybrid bermudagrass field was found at the
facility. Also, it is not clear which part of Field 5 should be in bermudagrass and which
should be in row crops (corn, wheat, and soybeans). On May 2, 2001, a letter was
mailed to you requiring a Wettable Acre Determination (WAD) to be done. This was also
noted on the compliance inspection of this facility by Mr. Dean Hunkele on May 10,
2001.
This is in violation of Condition II Operation and Maintenance Requirements, Part 2 of
the General Permit that states, "A vegetative cover shall be maintained on all land
application fields and buffers in accordance with the CAWMP." The CAWMP needs to
clearly identify the land application fields, the acres that can be irrigated, and the
receiving crops. In order for this requirement to. be met, a WAD is needed and the
appropriate receiving crop needs to be planted. I have included the letter that was sent
on May 2, 2001 describing what is required for the WAD.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748

David Sutton
October 29, 2002
Page 2 of 3
2. It was noted that the plant available nitrogen (PAN) rate of 270 lblac listed for hybrid
bermudagrass hay was used as the beginning PAN rate for the 2002 waste applications
to soybeans. While soybean was included in the narrative of the waste utilization plan,
no PAN amount or application window was listed. The application amount (hydraulic
and PAN) and window for the crops must be specified in the waste utilization plan.
This is in violation of Condition I Performance Standards, Part 2 of the General Permit
that in part states, "The CAWMP must be consistent with all applicable statutes, rules,
and standards in effect at the time of siting, design and certification of the facility."
3. It was noted that the Certificate of Coverage (COC) and a copy of the General Permit
could not be found with the records.
This is in violation of Condition I Performance Standards, Part 4 of the General Permit
that states, "A copy of this General Permit, COC, certification forms, lessee and
landowner agreements, and the CAWMP shall be readily available at the farm (stored at
places such as the farm residence, office, outbuildings, etc.) where animal waste
management activities are being conducted for the life. of this permit."'
4. It was noted that there were no weekly freeboard records being kept at the farm.
This is in violation of Condition ill Monitoring and Reporting Requirements, Part 2 of the
General Permit that in part states, "Waste lagoon and storage pond levels shall be
recorded weekly on forms supplied or approved by the DWQ."
5. It was noted that no waste samples had been taken since December 15, 2000.
Therefore, there are no waste analyses to cover waste applications in 2001 and 2002.
This is in violation of Condition III Monitoring and Reporting Requirements, Part 4 of the
GeneraiI Permit that states, "An analysis of the animal waste shall be conducted as close
as practical and at least within 60 days (before or after) of the date of application."
6. It was noted that the facility does not have a designated certified operator in charge.
This is in violation of Condition V General Conditions, Part 2 of the General Permit that
states, "The Permittee shall designate a certified animal waste management system
operator to be in charge (OIC) of the animal waste management system."

David Sutton
October 29, 2002
Page 3 of 3
Response requirements are listed as follows:
(1) A detailed Plan of Action must be submitted to the Wilmington Regional Office, Division
of Water Quality_ The Plan of Action must include:
a. The individual violations.
b. A description of the proposed actions to be taken to bring violations back into
compliance and to prevent their recurrencb.
c. The dates when the proposed actions will be accomplished.
(2) The written Plan of Action must be received by this office within 15 working days of the
receipt of this notice.-
(3) Upon approval of the proposed Plan of Action, you will then be required to notify this
office when the corrective actions are completed.
Be advised that the Division of Water Quality may take further action in these matters
including assessment of civil penalties, injunctive relief, and permit revocation.
You may wish to contact your Service Company, 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.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Chester Cobb at [phone], ext. 226.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Kraig Westerbeek, Murphy — Brown, LLC
Kenneth Best, Duplin County Health Department
Billy Houston, Duplin County Soil and Water Conservation
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-842
S:IWQSIAnimal\Duplin12002131-842 Sutton NOV.wpd

State of North Carolina
Department of Environment
and Natural Resources
Michael F. Easley, Governor
NVilliarrl G. Ross Jr., Secretary
Kerr T. Stevens, Director
May 2. 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED .
William David Sutton
David Sutton Farm
833 Seth Turner Rd
Albertson NC 28-508
Subject:
Dear William David Sutton:
I T T *WA •
NCDENR
NORTH CAROLINA DEPARTMENT OF .
ENVIRONMENT AND NATURAL RESOURCES
Notification for Wettable Acre Determination
Animal Waste Management System
David Sutton Farm
Facility Number 31-842
Duplin County
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the imgated acres within the plans were calculated. Only
the acres that•are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by John Hunt on 9/13/99 was made to review the actual number of acres at your facility
that receive animal waste during land application. The evaluation of your facility has yielded one of the
following two results as indicated by the box marked with an "X".
Category 1:
❑ The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing John Hunt the necessary information
to potentially exempt your facility from undergoing a complete wettable acre determination.
Please submit this information to John Hunt, at 127 Cardinal Drive Extension, Wilmington,
NC 28405-3845, within in 90 days of the receipt of this letter. If you have any questions'
please contact John Hunt at [phone]. If within 90 days you are unable to provide
John Hunt with the information you are automatically required to complete a Wettable
Acre Determination as described by Category 2 below, within 180 days of receipt of
this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]

tiotification for Wettable Acre Determination
Animal Waste Management System
Pate 2
Category 2:
Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWO within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWO will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief_
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWO and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at [phone] ext. 571.
Sincerely,
Kerr T. Stevens
cc: Wilmington Regional Office
Duplin County Soil and Water Conservation District
Facility File

F wa rF .
C 9 pG Michael F. Easley, Governor
j William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL # 7001 1140 0002 1289 6196
RETURN RECEIPT REQUESTED
December 3, 2002
Mr. David Sutton
David Sutton Farm
833 Seth Turner Rd.
Albertson, NC 28508
Subject: Notice of Recommendation for Enforcement
and Request for Records
David Sutton Farm_
Facility Number: 31-842
Duplin County
Dear Mr. Sutton:
Be advised that this office is recommending assessment of civil penalties to the Director
of the Division of Water Quality for the violations described in the Notice -of Violation sent on
October 29, 2002. These violations may result in civil penalties of up to $10,000 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). If you have an explanation in defense of the violations that you wish to present,
please submit your written response within 15 business days of your receipt of this notice. Your
response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Quality may pursue additional actions in
this matter including injunctive relief and permit revocation. I have attached the Notice of
Violation sent on October 29, 2002.
Also, the Division requests a copy of the current waste utilization plan, 2002 irrigation
records (IRR-1/IRR-2 forms), 2002 weekly freeboard records, and 2002 waste analyses. These
documents should be submitted within 15 business days of your receipt of this notice. These
documents can be delivered in person or via mail to the Division of Water Quality, Wilmington
Regional Office, at the address at the bottom of this notice. If mailed, please send to the
attention of Mr. Chester Cobb.
You may wish to contact your Service Company, 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.
N. C. Division of Water Qualify 127 Cardinal Drive Extension [phone] Customer Service
u�A
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDEN.R

David Sutton
December 3, 2002
Page 2 of 2
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Chester Cobb at [phone], ext. 226.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Kraig Westerbeek, Murphy — Brown, LLC
Kenneth Best, Duplin County Health Department
Billy Houston, Duplin County Soil and Water Conservation
Patrick Fussell, DSWC-WiRO
__. DWQ.Non-Discharge.Compliance/En.forcement Unit._
DWQ Central Files
DWQ Wilmington Animal Files 31-842
Enclosure: 10/29/02 Notice of Violation, 3 pages, to addressee only.
S:1WQS1Animai\Duplin12002131-842 Sutton RFE.wpd

Mr. Sutton's response
to NOV issued on
March 12, 1999

cc:
Harold Jones, County Soil and Water Conservation
Don Butler. Carroll's Foods, Inc.
DWQ Operations Branch File
Wilmington Files
S:IWQSMIANWIENF99131-842.NOV

Mr. Sutton's response
to NOV issued on
October 13, 1999

-jvv JV.JI IVuv 4V 1,4o uu1 r ui
NEUSE REGIONAL LIBRAR - FAX TRANSA=AL COVER SHEET
no V. Qua= Sh ac
rowed.YC =OIL
'Fa: h i
FROM: -5046,�,
Su=cr:
Y•U1rMZZL OFt PAGa" INCLMING1MS PAGE: _ =

C-
ul%

io�
M3

14
a-
NCD24 Affonazak Division. .4300 Reedy Creek Road Ral6gh,
NC 276074465 [phone]
zz
Grower
Sums, David
833 Seth Turner Rd.
Albertsok NC 28508
Test
Report
= ��- oil-
9/13/99 SERVING N.C. crrums FOR OVER 50 TRW
Du in county
Agreflonl6l commem.
1
A 3, S
17 '1
Field lmlhj� trini
Regommendations
Lm,�
Smupk No. Last Crop
Mo Yr TIA
&* or Year
14M N
So (0
001 &mn Hay/PasM
1st Crop: Small Grains 0 80.100
0 30-40
0
1
2nd Crop:
Test Restdb
Soil CUM RM W/V cW an
Ac PH P-1
K-1 Ca% ft% Mx -I AW-Al (1) Mb-Al (2) ZO-1
Zm-A) TV V Na
AMN 1.8 1.41 8.2 90.0
OS 63 105
57 80.0 7.0 32
25 85
85 a 0.1
E

O
z
N
7
.:'II
Understanding the Soil
Test Report
til a � • �' � i-�1'. �°" '�e � a e?_� r '^t' � �'�T� � � .yts j - �� i i � � E � ? • a i-,i ,'�� sa
Soil pH and the amount of lime required for optimum yields are crucial puts of the soil test
report Low soil pH causes more yield losses than any other factor. Excessive soil acidity (low
pH) binders a cropls capacity to utike nutrients thus reducing efficiency of applied fertilizers.
The amount of lime recommended (Eons/acre) is based on the current pH, amount of acidity, soil
class, and desired pH of the designated crop. The optimum pH by soil class is as follows; 5.0 for
organic, 5.5 for rnineral-organic and &D for miners) soils.
T12c amount of phosphate and potash recommended decrewts as soil test level increases.
Most field crops with soil test indices of 50 or greater for phosphorus and potassium do not
require additional amounts of these nutrients. Certain crops, however, will require additional
amounts under these circumstances. Some growers apply phosphorus as a starter fertilizer, although
none is recammended by soil test The reconatnenduions given for Nitrogen, pltospha c and potash
are adequate for optisuum yields.
If indices for nuagan `e Ma), zinc (Zu) and copper (Cu) are above 25, oristing levels of
these micronutrients are adequate. Additional informarion' is provided in 'the "Notes" that
accompany your report.. Guidelines for evaluating sod test indices and crop response to applied
fertilizers are shown in the table below.
Sa Test Indent
Crop Response m Nutrient Applimflou
RaWRaftPboobffm
Awaswm
'W=gBMW
SAC
Looff
a l0
"Law
very J very Hid
Yay t4
Vay High
Year to
11-25
low
1t9h il'igb
lEgb
HO
M&
2& 0
lledilan
Medium • Medium
Naae
Tone
None
51-100
High
NOW Low -None
Mae
None
alone
1[l0+
Very
done Hone
tone
[None
Bone
• RIesponse daames as soil test Ma inczras i
[Al
were printed u a cost of $626.22 or $0.02 per wpg

Response to NOV
issued on. October 29,
2002

Murphy -Brown LLB
November 20, 2002
Rick Shiver
Water Quality Regional Supervisor
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405'
Mr. Shiver,
PO Drawer 856
2822 Hwy. 24 West
Warsaw, NC 28398
Tel: [phone]
Fax. [phone]"957
I am writing this letter on behalf of David Sutton, owner of Facility # 31-842 in
Duplin County in response to a NOV issued by your office to this farm on October 29,
2002. In the NOV, numerous deficiencies were noted with regards to the record keeping
activities on this farm. I am currently working with the grower to insure that these
deficiencies are addressed. Specifically, the following steps are being taken:
1. Mr. Sutton is in the process of receiving his OIC designation so that he can
personally manage the pumping activities on this farm. Previously he has
relied on a third party to irrigate.
2. I am in the process of preparing an irrigation design for this farm utilizing a
big -gun solid set system. This addition will allow Mr. Sutton to manage his
waste with his own equipment rather than relying on a third party.
3. When the irrigation design is complete, 1 will revise the CAWMP for this
facility to match the crops to be grown on the application fields. Mr. Sutton
will be sprigging bennuda on this land in the Spring of 2003 and has
identified a third party that will insure its management and removal.
4. Mr. Sutton will begin keeping weekly freeboard records as required by the
permit.
5. Mr. Sutton has taken a waste sample and sent it to the NCDA Lab. He will
continue this activity as required by the permit.
6. A copy of the COC/Permit will be included in the farm files.
As stated above, we will be working hard to address all of the deficiencies noted
in your letter.

If there are any further do
?93 5330, or Mr. Sutton at; farm./
S
v"
Kral Westerbeek
Dir for of Environmental Compliance
c: David Sutton, Woody Stroud
ncerns, please feel free to call me at (910)

'T' ' -_.. x r"` "r :' �' a • v a a a) `i+r _ -..sr_' ` `. F 't ] " k ' "x s ;at` h � "" i .7
Q DKis:1oi of SOIL and Water Con ervati©n - -
i,.
Type of Visit •O Compliance Inspection Q Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 31 842 Date of Visit: 5 10-2001 Time: 945
Q Not Operational Q Below Threshold
0 Permitted ® Certified 0 Conditionally Certified [3 Registered Date Last Operated or Above Threshold_
. County: A.�uPliol--------•--.--•--....-----. -. 3jR0.--•--
Farm Name: Rayisi.Suttaa.Farax............................................................. -•--•-
Owner Name: WjUjaroA_nYid__._____-- �ut14t>--------------------------- Phone No: 4J2�G,g_3I29_UYls2tN_4LQ�44tfi7.�4_------
Mailing Address: N. .S.Uburiaerr.Rd........................................................................... Albert5o.u...N.0 ....................................................... MO.$ ..............
Facility Contact:........................................................... Title: ............................................... Phone No:
Onsite Representative: Q1 1lrGl ury d ob stoIntegrator:Carrfll'aEQpds.Inc.______________________.
Certified Operator:.....................•-----.........................------...................................................... Operator Certification Number:..........................---............
Location of Farm:
last of Red Hill- On East side of SR 1501 approx. 1 mile South of SR 1519. rv
® Swine []Poultry ❑ Cattle ❑ Horse Latitude 35 • 04 33 K Longitude 77 • 50 20 u
Design =Current _ .,, Design ' ,Current "Design Current
; :Po ulationCaacit uaoouitiCattle Ca acit ..Caaci Population
® Wean to Feeder 1760 ❑ Layer ❑ Dairy
❑ Feeder to Finish ❑Non -Layer ❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑ Other F] "
❑ Farrow to Finish Total Deli' n,C'
a ac;i~ 1,760
❑ Gilts g P �
❑ Boars Total. SSLW` 52,800
;= Number ofLagoons. 1 4 LL ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Y:+ Holding Ponds ,aSolid Traps. t:, ~° ' [] No Liquid Waste Management System
Disci` tarees & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of 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?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
❑ Yes ® No
❑ Yes ❑ No
❑ Yes [-]'No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes 0 No
Structure 6
Identifier. ------------ _.
Freeboard (inches): 34
05103101
Continued

Facility Number: 31-842 Date of inspection 5-10-2D01
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
❑ Yes
N No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
❑Yes
N No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
❑ Yes
N No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
N No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
® Yes
❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
N No
1 I . Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes
N No
12. Crop type Soybeans Wheat
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
® Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
® No
b) Does the facility need a wettable acre determination?
N Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement?
❑ Yes
N No
16. Is there a Iack of adequate waste application equipment?
N Yes
❑ No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
N No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
N No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
N No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
N No
21. Did the facility fail to have a actively certified operator in charge?
N Yes
❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
N No
23, Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
N No
.24. Does facility require a follow-up visit by same agency?
❑ Yes
N No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
N No
No violations or deficiencies were noted during this visit. You will receive no further correspondence about this,visit.
,� �s_a Y.; ... Wit.i..e` -�,-. y
Comments (refer to question4# Explain any YES answers anci/o"r any recommendations or any -other comments fi t :'
�- Y� . aY&. R x .%M.: k.-,
iJse drawings of facdity to better explain s�tuattons. (use addr ronal pages as necessary): El Field Copy El Final Notes
"�-n: ''i.1 ' `,�.nh .',-^d' ', r�"ti3_ hJ+ ::.+� •�'i-hn`'�a�#t''twY3iiie�Y .",," -.. " ' a ,. }z.61
General Permit application delivered today. Howard Hobson on -site to be aware of situation involving problems with getting
application submitted.
7. Recommend woody vegetation herbicide use on back side of lagoon to eliminate briars.
9. Marker will need to be extended to indicate top of dike at lowest point once permitted. Recommend marker with better
gauge markings be installed. Consult Carroll's or Duplin Soil & Water for assistance.
Cont. on Page 3
Reviewer/]ns ector Name
pDeaii-`Hunkele _
Reviewer/Inspector Signature: Date:
05103101 Continued

I facility Number: 31-842 Date of Inspection 5-Ill-2001
Odor issues
26. Does the discharge pipe from the confinement -building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
13. Current waste plan lists bermuda hay, etc. but oats in fields now. Need to get soybeans planted by mid -June for
summer pumping. Permanent plan needs to be developed for crops with irrigation.
4. Needs Wetted Acres done ASAP. Letter sent to Raleigh this month.
6. No irrigation equipment on -site or owned. Has signed contract with brother.
9. Will need new waste sample pulled once application begins again. Need to pull a soil sample from areas expected
be converted to bermuda. Apply needed lime by end of October to mid -November.
1. No OIC designated with Raleigh. Owner is not certified. Form left on -site with grower. Get new lease agreement
)r pumping from new OIC if brother is not to be listed.
Get updated aerial photos of farm & plan written for beans and winter grain from District ASAP.
05103101

y-
li�istnn of 5otl and[Water Ca
Oher Agencyi
c^
Type of Visit O Compliance Inspection Q Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 31 $42 Date of visit: 10/ll/2002 'rime: 1115
I — j Q Not O erational Q Below Threshold
® Permitted ® Certified 0 Conditionally Certified [r Registered Date Last Operated or Above Threshold: ----- -----
County: pups......-----•......--•- _. WIl3i......
Farm Name: Daxid.S�tttau.I~aru�...............-•--•--•--•-
.............................................
Owner Name: Y4'illiamDaVjd.-_-_-__._ �utIQA-----------.--------._.__-- Phone No: 25�_�b 34�3_[tI19A4_z9i��$2�(►�akile�
MailingAddress: .5�]th. 11u�r..lt�d........................................................................... ....................................................... 2.85.0 ..............
FacilityContact: ........................................................... Title: ............................................... Phone No: ......................................
Onsite Representative: .hnni�r_3�9xgPg y--------------------------------- integrator:r—arrAW1Eovalnc_---------------------•
Certified Operator:................................................................................................................ Operator Certification Number:.........................................
Location of Farm:
East of Red Hill. On East side of SR 1501 approx. 1 mile South of SR 1519.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 04 G 33 « Longitude 77 • 50 & 20 u
g - ign' Current Design ..' `Current
Dest n Current Des
:Swine x. a:
Ca acit 'Po u[ation - Poultry' - Ca aci Po'ulation` =' Cattle Ca aci "' Po ialation,'x
h< : ® Wean to Feeder 1760 Cl Layer ❑Dairy t
❑Feed
er to Finish I[] Non -Layer ID Non -Dairy wr
❑ Farrow to Wean
❑ Farrow to Feeder _- ❑ Other FF
t
❑Farrow to Finish Total Design Capacity 1,760
❑ Gilts
El Boars " Total SSLW 52,800
Lagoon
HaV, Nnt
umber of Sol d Tra s ? 1 �� � � �' ❑ No LSubsitruid Waste Manaface Drains gementSystemSyStemArea ❑Spray F�e�ld Area �,
oldmg Ponds /' g p q g
Discharites & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gaVmin?
d. Does discharge bypass a Iagoon system? (If yes, notify DWQ)
2. Is there evidence of 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?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Structure 6
Identifier:--.--•--•--....--•--•--•--............................ --•--•--•--•--•-
Freeboard (inches): 46
05103101
Continued

Facility Number: 31-842 Date of Inspection 10/ll12002 —%.
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ®Yes ❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes 19 No
S. Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
® No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
® No
Waste Application
10.
Are there any buffers that need maintenance/improvement?
❑ Yes
® No
11.
Is there evidence of aver application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes
® No
12.
Crop type Soybeans Small Grain (Wheat, Barley,
13.
Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
® Yes
❑ No
14.
a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
® Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15.
Does the receiving crop need improvement?
® Yes
❑ No
I6.
Is there a lack ofadequate waste application equipment?
❑ Yes
❑ No
Required
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
® Yes
❑ No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
® No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
® Yes
❑ No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
® No
21.
Did the facility fail to have a actively certified operator in charge?
® Yes
❑ No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems; over application)
❑ Yes
® No
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
® Yes
❑ No
24.
Does facility require a follow-up visit by same agency?
® Yes
❑ No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
® No
[] No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
4�. sYr �� 3i :.� .v1L. .. Y' .( .y .. '.
Commeuts (refer to quregtibii Explain apy YES;;answers and/or any recommendattons or'auy othei comments
Use drawmgs.of facility to better explain situations (use additional pages as necessary) u
z�n , ❑ Field Copy ❑ Final Notes
,
z
rF Sn.w,,.,.,�.
NOTE: Inspection was also partly a complaint inspection. I (Chester Cobb) had received a call
concerning odor from burying of pigs. No odor noticed and no improper burial of pigs noticed. Owner- has
a dead box with the dead pigs being picked up and delivered to a rendering plant.
6) There appears to be something buried to the north side of the lagoon. This needs to be identified.
,.'_ - t "Gale Stenberg.
Reviewer/Inspector Name -haiier Cobli w r`n
Reviewer/Inspector Signature: Date:
05103101 Continued

Fagility Number: 31-842 Date of Inspection 1D111/2DD2
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? .
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
Additional ,Comments, and/or -Drawings:' . �'.. c cx`; .' .'M '.,, ,FS¢' " e '..tea a •'.�'a ' =` c` , r .. ...,
13) Bermuda (hay) listed in waste management plan. No bermuda in sprayfields. Narrative lists
soybeans and wheat in waste plan but gives no PAN rate.
114) Farm needs a wettable acre design. Fields and pulls are not clearly labeled.
15) It appears that the soybeans have been disked in. Also, it does not appear that any small grains
have been planted. Small grains need to be planted soon especially since waste was applied on
9/26/02 and 9/27/02.
116) Owner has agreement with brother to do the pumping.
117) No Certificate of Coverage or General Permit with records.
19) No freeboard readings kept with records.
- No waste samples have been taken to cover 2001 and 2002 waste applications. The last waste
analysis with the records was dated 12/15/00.
Using the PAN rate of 270 Ib/ac listed for bermuda in waste plan as the PAN rate for soybeans. On
one application for two pulls was recorded for soybeans.
- Need to pull a 2002 soil sample.
1) Farm does not have a certified operator listed. Left operator designation form to be filled out and
sailed in.
) Representative was present for first part of inspection, but had to leave later. I did discuss with th
presentative about some of the issues at the farm.
) A followup visit needed. Will contact owner about setting another visit later.
DOTE: I left my business card. Call me if you have any questions.
nspection time: 1115 - 1445
rravel: 140 mins.
05103101

Type of Visit © Compliance Inspection O Operation Review 'O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 31 S42 Date of Visit: 12/t3/2002 'rime: t 105
Q Not Operational.. Q Below Threshold
® Permitted ® Certified [3 Conditionally Certified © Registered Date Last Operated or Above Threshold:
Farm Name: TMAd.50(nTarut............................................................... County: Muplin .................................... WIRD...--.
Owner Name: 'iUiamQ�YiduttvA---------------------------- Phone No: 25.Z65.3453-(UI914=29A1894.(MOUPl
Mailing Address: 833.S�ith.��trn��x.fist........................... .... Alboxtsom..NC....................................................... 2,85.0.8 ..............
Facility Contact:........................................................... Title: Phone No:
Onsite Representative: ��yid_SutlQjq}H9}YardQbsunIntegrator:�arr�l'�
Certified Operator: .................. Operator Certification Number:
Location of Farm:
East of Red Hill. On East side of SR 1501 approx.1 mile South of SR 1519. ,
R Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 04 L 33 u Longitude 77 • 50 ° 20 u
Design ,Current = Design ' Current , Design ,Current
3Swine - Ca acit .Po ulation Poultry oliulatiCttle -Ca act ,`=Pa ulation
R Wean to Feeder
1760
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
❑ Layer ❑ Dairy
❑ Non -Layer Non -Dairy i
❑ Other
Total Desegn:Capac>Ety.H 1,760
F
V,
Total SSLW; 52,800
Number of Lagoons, i : El Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
r
"Y ,,Holdmg Ponds / Soltd Tra� s • N q g y p ❑ o Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes R No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes R No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes R No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes R No
Structure 1 Structure 2 Structure 3 Structure 4 Structure S Structure 6
Identifier: -------------•--------•---- ------•-----------•-- ....................
Freeboard (inches):
05103101 Continued

Facility Number: 31-842
Date of Inspection 12/13/2002
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15, Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Re uired Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ❑ No
❑ Yes []No
❑ Yes N No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes N No
❑ Yes N No
❑ Yes ❑ No
No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
C✓ -`� K,- � -. , y.x .p. �=" -. ,. . 'S <p.,p �, \ :.. £ + -.... r+�%°'..i it -`: ¢#4';�'y � 3. i'! � -: ', d l yyv��.r�.. ��;g;'ne S`y{, ���i
omments (refer to'questton #) Ea�plam ahy�YESsanswers andlor any recommendations or any other commentst
Use drawings of facility to better explain sttuattons (use additional pages as necessary}
,'1 t r ❑Field COPY El Final Notes
NOTE:
- Follow up conducted to review issues note in NOV and Item 6 noted on compliance inspection
done on 10/11 /02.
- Owner has started to take weekly freeboard readings.
-- Owner has taken a waste sample. Waste analysis dated 11125/02. Soil test report dated 1212102
remortrd the need for 1 t o i
Reviewer/Inspector Name ;Ch to Cobb o • . ^ ."'.-'dale Stenberg
Reviewer/Inspector Signature: Date:
05103101 Continued

;Fscilitt Number: 3l —8T Date of Inspection l2/>13/2002
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
❑.Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
A diteonal oinmentsand/or Drawings_ = - " .a
- Owner has COC and General Permit with records.
-- Owner has OIC designation form filled out and ready to send in. Owner plans to take the
operators course and become the certified operator of the farm.
-- Owner is working with the Integrator concerning the waste plan, receiving crop, and irrigation
system.
-- Could not locate anything buried to the road side of the lagoon. Owner does not know of
anything buried to that side.
Phone # [phone] ext. 226 if you have any questions to come up.
05103101

IFP-
DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator: William David Sutton
Contact Person: William David Sutton
Address: 833 Seth Turner Rd., Albertson, NC 28508
Facility Name: David Sutton Farm
Facility #: 31-842
Receiving Stream and Classification: NA
Regional Office: Wilmington
Inspector / Report Prepared By: Chester Cobb
Registered Agent: NA
Address: NA
Case Narrative: On October 11, 2002, Mr. Chester Cobb performed a routine compliance
inspection of the David Sutton Farm and noted several conditions in violation of Swine Waste
General Permit AWG100000. A NOV was issued on October 29, 2002 for failure to designate a
certified animal waste management system operator, failure to have available a copy of the
Certificate of Coverage and General Permit with the records, failure to have records of waste
lagoon levels on a weekly basis, and failure to conduct a waste analysis within 60 days of waste
applications., The NOV was returned to the Wilmington Regional Office on November 18, 2002
after two attempts by the postal service to notify Mr. Sutton. Mr. Cobb called Murphy -Brown to
confirm that the letter was sent to the appropriate address. On November 21, 2002, a written
response from Mr. Kraig Westerbeek with Murphy -Brown LLC was received by the Wilmington
Regional Office concerning the NOV issued to Mr. David Sutton.
On December 3, 2002, Mr. Sutton was issued a Notice of Recommendation for Enforcement and
Request for Records. A follow up visit was conducted on December 13, 2002 to verify actions
taken to bring farm into compliance. Mr. Sutton had a copy of the Certificate of Coverage and
General Permit with the records and had started to record waste lagoon levels on a weekly basis.
Also, Mr. Sutton had a soil test report dated December 2, 2002 and a waste analysis dated
November 25, 2002. Mr. Sutton confirmed that the address listed for him wascorrect. Mr. Cobb
encouraged Mr. Sutton to pick up his mail and to send in the requested information. The Notice
of Recommendation for Enforcement and Request for Records was returned to the Wilmington
Regional Office as unclaimed. As of January 28, 2003, no certified animal waste management
system operator has been designated for this facility.
Farm and/or Company Compliance History: Include a copy of CAFO Designation letters,
previous NOV's, NOD's,_ previous civil assessments, etc.
On March 12, 1999, a NOV was issued for insufficient freeboard levels of 5 inches on December
4, 1997 and 12 inches on May 28, 1998. The NOV also stated a failure to maintain adequate
waste application records and failure to respond within the 30 days deadline to a Request for
Information.

On October 13, 1999, a NOV was issued for poor cover crop, insufficient freeboard, poor cover
on lagoon, and no waste sample to cover from June 1999 to September 7, 1999.
On July 6, 2000, a NOD was issued for no waste analysis within 60 days to cover waste
applications.
On May 31, 2002, a NOV was issued for nonpayment of permit fees.
Amount of Waste Discharge (if applicable). If amount cannot be estimated, what is the rate
of flow reaching surface water:
Not applicable.
Sample Results mapplicable)with locations of samples taken noted in relation to
discharge point: -
Not applicable.
Violator's degree of cooperation {including efforts to prevent or restore) recalcitrance_
Mr. Sutton has not claimed certified letters sent by the Wilmington Regional Office on several
occasions.
Fish kill observed? YIN If yes, include report from WRC:
Not applicable.
Mitigating Circumstances:
Mr. Sutton did not claim the Notice of Recommendation for Enforcement and Request for
Records and thus did not provide a written response to the Notice of Recommendation for
Enforcement.
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 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 the violation:
There are no documented effects to the named interests resulting from the violation.

4M
2. The duration and gravity of the violation:
Mr. Sutton was informed during a compliance inspection conducted on May 10, 2001 by
Mr. Dean Hunkele that the farm needed to have a designated certified animal waste
management system operator. Mr. Hunkele left a form with the owner so he could
designate an operator for the farm. Mr. Hunkele also noted that a waste sample and soil
sample needed to be pulled.
3. The effect on ground or surface water quantity or quality or on air quality:
There are no documented effects to the named interests resulting from the violation.
4. The cost of rectifying the damage:
Not applicable.
5. The amount of money saved by noncompliance:
Unknown.
6. Whether the violation was committed willfully or intentionally:
Please review the attachments to this report to aid in your decision.
7. The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority:
NOV issued on March 12, 1999 for insufficient freeboard levels, failure to maintain
adequate waste application records, and failure to respond 'within the 30 days deadline to
a Request for Information. NOV issued on October 13, 1999 for poor cover crop,
insufficient freeboard, poor cover on lagoon, and no waste sample to cover from June
1999 to September 7, 1999. NOD issued on July 6, 2000 for no waste analysis within 60
days to cover waste applications. NOV issued on May 31, 2002 for nonpayment of
permit fees
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $124.00, as follows:
Staff, Cobb, 6 hour @ $18.31 /hour $109.86
Administrative Costs $100.00
Total $209.86

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
WILLIAM DAVID SUTTON
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 143-215.1
FILE NO. -PC
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, J. Kent
Wiggins, Acting Supervisor of the Non -Discharge Unit of the Water Quality Section of the
DWQ, make the following:
I. FINDINGS OF FACT:
A. William David Sutton owns and operates the David Sutton Farm, a swine animal
operation along State Road 1501 in Duplin County.
B. William David . Sutton was issued Certificate of Coverage AWS310842 under
Swine Waste General Permit AWG10000 on February 5, 2002, effective on
February 5, 2002; with an expiration date of April 30, 2003.
C. Part V. General Conditions, Section 2 of the General Permit requires the
Permittee to "designate a certified animal waste management system operator to
be in charge (01C) of the animal waste management system. The animal waste
management system shall be operated by the OIC or a person under the OIC's
supervision."
D. Part III. Monitoring and Reporting Requirements, Section 2 of the General Permit
requires that waste lagoon and storage ponds levels are recorded weekly on forms
supplied or approved by the Division of Water Quality.
E. Part III. Monitoring and Reporting Requirements, Section 4 of the General Permit
states that "an analysis of the animal waste shall be conducted as close to the time
of application as practical and at least within 60 days (before or after) of the date
of application."

F. On October 11, 2002, Mr. Chester Cobb of the Wilmington Regional Office of the
Division of Water Quality inspected the David Sutton Farm. Mr. Cobb found that
the farm did not have a designated OIC. Mr. Cobb found that records for weekly
waste lagoon levels were not readily available for inspection. Also, Mr. Cobb
found that no waste analysis had , been conducted within 60 days of waste
applications occurring on February 7, February 8, and May 27, 2002. At time of
inspection, the latest waste analysis was dated December 15, 2000.
G. The cost to the State of the enforcement procedures in this matter totaled $209.86.
Based upon the above Findings of Fact, I make the following:
1I. CONCLUSIONS OF LAW:
A. William David Sutton is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. William David Sutton failed to designate a certified animal waste management
system operator to be in charge of the farm's animal waste management system as
required by Part V (2) of General Permit AWG10000.
C. William David Sutton failed to have records of weekly waste lagoon levels as
required by Part III (2) of General Permit AWG10000.
D. William David Sutton failed to obtain a waste analysis within 60 days of waste
applications occurring on February 7, February 8, and May 27, 2002 as required
by Part 111 (4) of General Permit AWG 10000.
E. William David Sutton may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1,
or who violates or fails to act in accordance with the terms, conditions, or
requirements of such permit.
F. The State's enforcement costs in this matter may be assessed against William
David Sutton pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.l(b)(8).
G. The Acting Supervisor of the Non -Discharge Unit of the Water Quality 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:
III. DECISION:
William David Sutton is hereby assessed a civil penalty of:
$ For of one violation of Swine Waste General Permit
AWG100000 Part V (2) for failure to designate a certified
animal waste management system operator to be in charge
of the farm's animal waste management system.
$ For of one violation of Swine Waste General Permit
AWG100000 Part III (2) for failure to record weekly
freeboard levels.
$ For of one violation of Swine Waste General Permit
AWG100000 Part III (4) for failure to conduct waste
analysis within 60 days of waste applications.
$ TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 209.86 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. 1436-282.1(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) I Kent Wiggins,
Acting Supervisor
Non -Discharge Unit
Water Quality Section
Division of Water Quality