310086_ENFORCEMENT_20171231

NORTH CAROLINA
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Department of Environmental Out

�0F W ArF9Q Michael F. Easley, Governor
`Q G William G. Ross Jr., Secretary
c North Carolina Department of Environment and Natural Resources
17—
Alan W. Klimek, P.E. Director
Division of Water Quality
May 3, 2005
Mrs. Dale Atkinson
1587 S NC Hwy 50
Magnolia, NC 28453
RE: Acknowledgment of Receipt of Payment
Case No. DV 04-001
Farm # 31-86
Duplin County
Dear Mrs. Atkinson:
R�ijt r�Tl��
MAY 0 5 2005
t3X:
This letter is to acknowledge receipt of your check No. 1180 in the amount of $5,764.58 on
May 3, 2005. This payment satisfies in full the civil assessment in the amount of $5,764.58
levied against Dale Atkinson and the case has been closed. If you have any questions, please call
me at [phone].
Sincerely,
Keith Larick
Animal Feeding Operations Unit
cc: Chester Cobb, Wilmington Regional Office
File # DV 04-001
Central Files
tk1
Carolina
Carolina
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: htty://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10°A Post Consumer Paper
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

�F W A rE9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
FNorth Carolina Department of Environment and Natural Resources
Q -C Alan W. Klimek, P.E. Director
Division of Water Quality
January 13, 2005
Mrs. Dale Atkinson
Attn: Aaron Sheffield
1587 S NC 50
Magnolia, NC 28453
RE: Payment Schedule for Civil Penalty
Case DV 04-001
Farm # 31-86
Duplin County
Dear Mr. Sheffield:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7002 2410 0003 2535
As we discussed on January 11, 2004, the Environmental Management Commission (EMC)
considered your request for remission of the civil penalty and granted partial remission of the
penalty on December 9, 2004. You have requested a schedule for making partial payments
toward the reduced civil penalty of $5,764.58. DWQ is agreeable to a 24-month payment
schedule beginning on March 1, 2005 and continuing to February 1, 2007. There are 23
payments of Two Hundred Forty Dollars and Nineteen Cents ($240.19) beginning on March 1,
2005 and one final payment of Two Hundred Forty Dollars and Twenty -One Cents ($240.21).
Please sign the attached payment schedule and send it back with your first payment. Make a
copy of the payment schedule for your records. Please make the payments by check payable to
the Department of Environment and Natural Resources and mail them so they are received by the
1 st of each month.
Failure to make the monthly payments in accordance with this schedule will cause the
entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in Superior Court.
No�rthCarolina
Naturally,
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

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Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If you have any questions, please call Keith Larick [phone] or Steve Lewis at (919)
715-6629.
Sincerely,
Alan W. Klimek, P.E.
Director, Division of Water Quality
cc: Charles Stehman, Regional Supervisor w/o attachment
Chester Cobb w/o attachment
File 31-86 w/ attachment
RF.,CF;T�TFD
JAN 1 g Z005
BY:

_rl
ROY COOPER
ATTORNEY GENERNL
Mrs. Dale Atkinson
Dale Atkinson Farm 1-6
1587 South NC 50
Magnolia, North Carolina 28453
State of worth Carolina
Department of Justice
goo I Mail Service Center
RALEIGH, NORTH CAROLINA
27699-9W
December 20, 2004
P-.-IECE1VF,D
DEC 2 2 2004
BY:
REPLY TO: Francis W. C'rwlcy
EnvironmeEttal Division
[phone]
[phone]
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Assessment of Civil: Penalties Against, Dale Atkinson Farm 1-6,
DV 2004 - 0001
Dear Mrs. Atkinson:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision document.
Accordingly, your company must submit payment of the civil penalty assessment and
investigative costs to the Department of Environment and Natural Resources within 30 days of receipt of
this final agency decision by mailing a bank -or certified check. The check should be made payable to the
Department of Environment and Natural Resources and the mailing envelope addressed as follows:
Mr. Bob Sledge
Water Quality Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If your company fails to pay the penalty within 30 days of receipt of the final decision document;
the Department will seek to collect the amount due through a civil action commenced in Superior Court.
FWC/dk
Enclosure
cc: Rick Shiver
Lois Thomas
Very truly yours,
atW C1.a L .
ancis W. Crawley
Special Deputy Attorney General
Commission Counsel

0
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF: }
}
Assessment of Civil Penalties )
Against )
MRS. DALE ATKINSON }
DALE ATKINSON FARM 1-6 }
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
DV 2004-0001
FINAL DECISION
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §14313-282.1,
on 9 December 2004 upon recommendation of the Director of the Division of Water Quality for
entry of a final decision on the assessment of civil penalties against Mrs. Dale Atkinson in the
amount of $6,764.58 ($6,000.00 plus $764.58 investigative costs). Mrs. Dale Atkinson.'s
request for remission for oral presentation was denied by the chairman; therefore, the request for
remission was presented to the Committee on Civil Penalty Remissions based on her written
submissions and those of the Division of Water Quality.
Having considered the record and the factors set forth in N.C.G.S. §143B-282.1(b) and
(c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's
Findings and Decision and Assessment of Civil Penalties as stipulated by Mrs. Dale Atkinson,
that the Findings of Fact support the Conclusions of Law (that Mrs. Atkinson made an outlet to
the waters of the State without a permit, in violation of N.C.G.S. §143-215.1, and failed to
maintain the waterways located in the application field in violation of NPDES permit number
NCA200000), but that the Director incorrectly determined that Mrs. Atkinson failed to notify
DENR of the discharge and, therefore, incorrectly applied the criteria set forth in N.C.G.S. §

143B-282.1 in determining the amount of the civil penalties.
Upon duly made motion and vote, the Committee finds that the civil penalty assessment
should be reduced by $1,000.00 and upheld in the amount of $5,764.58 ($5,000.00 plus $764.58
investigative costs).
THEREFORE, IT IS ORDERED:
That the assessment of civil penalties and costs in the amount of $5,764.58 against
Mrs. Dale Atkinson is AFFIRMED.
2. That this Final Decision and Order be served upon Mrs. Dale Atkinson, and upon
receipt hereof the amount of $5,764.58 be paid to the Department of Environment and Natural
Resources within thirty days.
This the / day of December, 2004.
Da id H. reau, Chairman
Environmental Management Commission

-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mrs. Dale Atkinson
Dale Atkinson Farm 1-6
1587 S. NC 50
Magnolia, N.C. 28453
Rick Shiver
Regional Supervisor
Wilmington Regional Office
Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, N.C. 28405
This the _?_f day of December, 2004.
CERTIFIED MAIL
RETURN RECEIPT
COURIER MAIL
ROY COOPER
Attorney General
3�-� Ctc W .
Francis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600

,
O�o� W Ar�RQG
77 C
June,Z1, 2004
Mrs. Dale Atkinson
Dale Atkinson Farm 1-6
1587 S NC 50
Magnolia, NC 29453
RE: Request for Remission of Civil Penalty
CDa1e Atkinson F 1-6
Permit No. NCA231086
CKjup n County,
File No. DV 04-001
Dear Mrs. Atkinson:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coieen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT_ REQUESTED
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of $6,764.58.
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Keith Larick
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
WNW
,NCOENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affin-native Action Employer
50% recycled / 10 o post -consumer paper
httpy1h2o. enr. state. nc_ us

Mrs. Atkinson
Page 2
If you or your representative would like to s eak before the Committeeyou must complete
and return the attached form within thirty (30) days of receipt of this letter. Send the completed
form to:
Mr. Keith Larick
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Keith Larick at [phone] ext. 571 or Steve Lewis at [phone] ext. 539.
Sincerely,
0'�r� aj
Alan W. Klimek, P.E.
AWK/kdI
cc: Rick Shiver, Wilmington Regional Supervisor
Chester Cobb, Wilmington Regional Office
File No. DV 04-001
Central Files

IV
RECEIVED
W A T Michael F. Easley, Governor
�pF F,9Q JUN 2 2 2004 William G. Ross Jr., Secretary
O G� B.Y. Department of Environment and Natural Resources
r Alan W. Klimek. P.E. Director
Division of Water Quality
Y Coleen H. Sullins, Deputy Director
Division of Water Quality
June 21, 2004
Mrs. Dale Atkinson
Dale Atkinson Farm 1-6
1587 S NC 50
Magnolia, NC 28453
RE: Request for Remission of Civil Penalty
Dale Atkinson Farm 1-6
Permit No. NCA231086
Duplin County
File No. DV 04-001
Dear Mrs. Atkinson:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of $6,764.58.
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR)_ Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Keith Larick
DWQ —
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
Customer Service: Mailing Address: Telephone [phone]
1-B77-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10 a post -consumer paper
h t rpJ/h2 o. e n r. state. n c. us
NCOENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mrs. Atkinson
Page 2
If you or your representative would like to speak before_ the Committee, you must complete
and return the attached form within thirty_ (30) days of receipt of this letter_ Send the completed
form to:
Mr. Keith Larick
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Keith Larick at [phone] ext. 571 or Steve Lewis at [phone] ext. 539.
Sincerely,
at4laj
Alan W. Klimek, P.E.
AWK/kdl
cc: Rick Shiver, Wilmington Regional Supervisor
Chester Cobb, Wilmington Regional Office
File No. DV 04-001
Central Files

0� WA Lk;? — 1 V y Michael F. Easley, Governor
Q �f William G. Ross Jr.. Secretary
0 UN G� rY 2 g �0�� partment of Environment and Natural Resources
Alan W. Klimek, P.E. Director
�Y. Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 21, 2004
Mrs. Dale Atkinson
Dale Atkinson Farm 1-6
1587 S NC 50
Magnolia, NC 28453
RE: Request for Remission of Civil Penalty
Dale Atkinson Farm 1-6
Permit No. NCA231086
Duplin County
File No. DV 04-001
Dear Mrs. Atkinson:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of $6,764.58,
There are two options available to you. You may choose to pay the penalty or you may let
the Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check pavable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of. -
Mr. Keith Larick
DWQ —
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Atfirmahve Action Employer
50% recycled / 10 o post -consumer paper
httpY1h2o. enr. state.nc. us
NCDCNR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mrs. Atkinson
Page 2
If you or your representative would like to speak before the Committee, you must complete
and return the attached form within 30) days of receipt of_this _letter- Send the completed
form to:
Mr_ Keith Larick
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Keith Larick at [phone] ext. 571 or Steve Lewis at [phone] ext. 539.
Sincerely,
OL-f�
Alan W. Klimek, P.E.
AWK/kdI
cc: Rick Shiver, Wilmington Regional Supervisor
Chester Cobb, Wilmington Regional Office
File No. DV 04-001
Central Files

RECEIVED
MAR 3.1 ?004
Y: - -
STATE OF NORTH CAROLINA
COUNTY OF Duplin
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Dale Atkinson
L S vl t i e'- e-1—
��l��d
c1 e h
ENVIRONMENTAL MANAGEMENT
COMNIISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO, DV 04-001
Having been assessed civil penalties totaling $6,754.58 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated February 4,
2004 , 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 _ �I day of , 2
ADDRESS
•
TELEPHONE

v
STIFICATION FOR REMISSION RE UEST
DWQ Case Number: DV 04-001 County: Duplin
Assessed Party: Dale Atkinson
Permit No. (if applicable): NCA231086 Amount Assessed: $6,764.58
Please use this form when requesting remission of this civil penalty. You must also complete the
"Re nest For Remission Waiver of Rijeht to an Administrative Hearing, and Sy ulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G_S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C_G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e_, explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
✓ (e) payment of the civil penaltyprevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:
ja a,2� I&CIc-I

Dear Sir,
This letter will serve as a written request for remission of the fine issued to the
Dale Atkinson farm. Also find attached the required waiver of rights form.
In requesting remission of the fine, I am basing this request on factor number
five. This states that payment of the penalty will prevent payment of necessary work to
correct problems that lead to the discharge and susequent violations_
I have secured a cost share contract through Soil and Water to rework grass
waterways. Also included in this contract is to fence off waterways and install
crosswalks which will prevent cattle from disturbing grass waterways. Total cost of the -
work wil be around $17,925. The cost share contract will pay 75% or $13,444. This will
leave around $4,481 for me to pay. Also there will be the cost of resprigging the areas
disturbed by the grading work. This wii be approximatly $600 for a total of $5,081.
1 also ask that you consider the cost incurred in the past year in upgrading
irrigation system and equipment These purchases included installation of underground
pipeing at a cost of $16,424_ Also purchased was another irrigation reel at a cost of
S15,200. Finally we also purchased an aerway system and a flowmeter at a cost of
S8,350. This was a total of $39,974 spent if upgradeing our ability to handle the waste
produced on the farm, preparing us more fully to handle extreme weather events as seen
last year.
These purchases, along with the balance on the cost share contract, will
constitute a total of approximately $45,055. These purchases, along with the work
planned, should greatly reduce the risk of future discharges. I request that you consider
the items covered above for my request for remission of the fine. The money spent was
all bank financed and that to be spent will most likely be the same_ Payment of this fine
would make it very difficult to accomplish the project outlined in paragraph 3.
Finally, I again request that in all future correspondance I be properly addressed
as Mrs_ Dale Atkinson. Thank you for this small consideration.
Si cerel
Mrs_ Dale Atkinson
March 26, 2004

MAR a 8 2004
March 1, 2004
CERTIFIED MAIL
RETURN RECEIPT RES UESTED
Mr. Dale Atkinson
Dale Atkinson Farm 1-6
1587 S NC 50
Magnolia, NC 28453
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
Coleen H. Sullins. Deputy Director
. Division of Water Quality
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-2I5.1
Dale Atkinson Farm 1-6
Dupin County
File No. DV 04-001
Permit No. NCA231086
Dear Mr. Atkinson:
This letter transmits notice of a civil penalty assessed Dale Atkinson in the amount of $6,764.58
including $764.58 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:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and
Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
PIease submit payment to the attention of:
Keith Larick
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
OR
1N'DENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury 5t.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 1001. post -consumer paper
http://h2o.enrstate.nc. us

Mr. Atkinson
Page 2
3/1/2004
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by -a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response
will provide details regarding the case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil
Penalty Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received

Mr. Atkinson
Page 3
3/1/2004
in the Office of Administrative Hearings during normal office hours_ The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
AND
Keith Larick
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Keith Larick at [phone], extension 571.
Sincerely,
Jeffrey O. Poupart
Supervisor
Non -Discharge Compliance/Enforcement Unit
ATTACHMENTS
cc Rick;Shiver; WImington Regional Office w/ attachments
Gale Stenber ,, Wilmington Regional Office w/ attachments
File DV 04-001, w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF Duylin
IN THE MATTER OF ASSESSMENT
OF CIVIL. PENALTIES AGAINST
Dale Atkinson
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 04-001
Having been assessed civil penalties totaling $6,754.58 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated February 4,
2004 , 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 , 20_,
SIGNATURE
00)a]G»l.Y►�
TELEPHONE

JUSTIFICATION FOR RENHSSION REQUEST
DWQ Case Number: DV 04-001 County: Duplin
Assessed Party: Dale Atkinson
Permit No. (if applicable): NCA231086 Amount Assessed: $6,764.58
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and _Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully_apylied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF )
DALE ATKINSON }
FOR MAKING AN OUTLET TO THE )
WATERS OF THE STATE OF )
NORTH CAROLINA WITHOUT A PERMIT)
AND PERMIT CONDITION VIOLATIONS )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO_ DV 04-001
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, Jeffery O. Poupart,
Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Dale Atkinson owns and operates the Dale Atkinson Farm 1-6, a swine animal
operation located southeast of Kenansville on the east side of Hwy 50 approximately
0.7 miles south of SR 1737 in Duplin County.
B. Dale Atkinson was issued Certificate of Coverage NCA231086 under Swine Waste
Management System General NPDES Permit NCA200000 on April 9, 2003 for the
operation of an animal waste collection, treatment, storage, and application system.
This permit does not allow the discharge of waste to waters of the State.
C. Condition I. 1. of NPDES Permit NCA200000 states in part "The waste collection,
treatment, storage and application system operated under this permit shall be
effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants to surface waters or wetlands."
D. On November 17, 2003 a complaint regarding animal waste in Persimmon Branch
was received by DWQ staff. On November 18, 2003, DWQ staff conducted an
inspection of Dale Atkinson Farm 1-6 and observed ponded waste running off of the
Dale Atkinson Farm 1-6 spray field. The waste was observed flowing off one of the
field waterways and discharging into Persimmon Branch. Persimmon Branch is
classified as Class C Sw waters of the State within the Cape Fear River Basin.

E_ Dale Atkinson had no valid permit for the above -described activity-
F. Condition II. 1 of NPDES Permit NCA200000 states, "The collection, treatment, and
storage facilities, and the land application equipment and fields shall be properly
operated and maintained at all times."
G. An inspection of the field waterways revealed that the owner had failed to maintain
proper vegetative cover that caused the waterway to erode. Because the waterway
was not properly maintained, waste drained directly off of the field and flowed into
Persimmon Branch.
H. Condition No. M. 11. f: of NPDES Permit NCA200000 requires that the Permittee
shall report by telephone to the appropriate Regional Office as soon as possible, but
in no case more than 24 hours following first knowledge of the occurrence of
overapplying animal waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where runoff enters surface waters.
I. The Division was not notified as required regarding the discovery of the discharge.
J. The cost to the State of the enforcement procedures in this matter totaled $764.58.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Dale Atkinson, is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. Persimmon Branch constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constitutes making an outlet into waters of the State for
purposes of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1.
D. Dale Atkinson 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 twenty-five
thousand dollars ($25,000.00) 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.
E_ Dale Atkinson violated Condition II. 1 of NPDES Permit NCA200000 by failing to
maintain the water ways located in the application field.

F. Dale Atkinson violated Condition No_ III. 11. f. of NPDES Permit NCA200000 by
failing to report by telephone to the appropriate Regional Office as soon as possible,
but in no case more than 24 hours following first knowledge of the occurrence of
runoff entering surface waters.
G. Dale Atkinson 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 twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
H. The State's enforcement costs in this matter may be assessed against Dale Atkinson,
pursuant to G.S. 143-2153(a)(9) and G.S. 143B-282.1(b)(8).
1. 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:
Accordingly, Dale Atkinson is hereby assessed a civil penalty of:
�l 0'D0
$_ _I,��D
1,C;G0
$ S 764.58
(' 7-6 q. S
for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1
for violating Condition No. II 1. of NPDES Permit
NCA200000 by failing to maintain the waterways located in
the application field.
for violating of Condition No. III. 11. f. of NPDES Permit
NCA200000 by failing to notify the State of the discharge.
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. 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.
(Date) Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen N. Sullins, Deputy Director
Division of Water Quality
MEMORANDUM
TO: Steve Lewis, Environmental Specialist III
Non -Discharge Compliance/Enforcement Unit
FROM: Gate Stenberg, Environmental Specialist II
Wilmington Regional Office [
THROUGH: Rick Shiver, Water Quality Regional Supervisor D1144—
Wilmington Regional Office
SUBJECT: Transmittal of Enforcement Report
Dale Atkinson Farm 1-6
Facility Number: 31-86
Duplin County
DATE: December 11, 2003
Attached please find the subject enforcement report that concludes that Mr. Dale Atkinson:
• Violated Condition HA of NPDES Permit NCA200000 by applying animal waste such that
ponding and runoff occurred;
• Violated North Carolina General Statute 143-215.1 by discharging animal waste into the waters
of the State without a permit;
• Violated Condition II. 1 of NPDES Permit NCA200000 by failing to maintain the water ways
located in the application field;
• Violated Condition III 11 a of NPDES Permit NCA200000 by failing to notify the State of the
discharge that occurred as required.
On November 17, 2003, Rick Dove flew over the farm and saw wastewater running off of the fields
and then forwarded the region pictures of this event. On November 18,2003, at 3:15 p.m., a ground
inspection was then performed by State inspectors from the Wilmington Regional Office.
During the inspection it was found that waste had ponded, flowed down the field water way and then
ran off of the application field. Waste leaving the field then discharged directly into Persimmon
Branch. Photographs submitted by the complainant also show waste being applied directly over the
field water way. The discharge volume is estimated at about 3,100 gallons.
106ENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-6748

Memorandum to Steve Lewis
Dale Atkinson Farm 1-6 Enforcement Report
December 11, 2003
Page 2
An inspection of the field water ways revealed that the owner had failed to maintain proper
vegetative cover that caused the water ways to erode. Because the water way was not properly
maintained, waste then drained directly off of the field and flowed into Persimmon Branch.
When asked, the owner reported that they became aware of the discharge on November 17, 2003
when the complainant repeatedly flew over their farm. The owner knew of the discharge and failed
to notify the State as required.
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 $479.58 pursuant to North Carolina General
Statute 143-215.3(a)(9) and N.C.G.S. 143B-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:1WQSIANlMALSIduplin12003131-86 Dale Atkinson Farm 1-6

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator: Dale Atkinson
Contact Person: Dale Atkinson
Address: 1587 S NC 50
Facility #: 31-86
Receiving Stream: Persimmon Branch
Classification: Persimmon Branch is Class C Sw Waters of the State
Regional Office: Wilmington
Inspector: Gale Stenberg
Report Prepared By: Gale Stenberg
Case Narrative:
On November 17, 2003, Rick Dove flew over the farm and saw wastewater running off of the fields
and then forwarded the region pictures of this event. On November 18,2003, at 3:15 p.m. a ground
inspection was then performed by State inspectors from the Wilmington Regional Office.
During the inspection it was found that waste had ponded, flowed down the field water way and then
ran off of the application field. Waste leaving the field then discharged directly into Persimmon
Branch. Photographs submitted by the complainant also show waste being applied directly over the
field water way. The discharge volume is estimated at about 3,100 gallons.
An inspection of the field water ways revealed that the owner had failed to maintain proper
vegetative cover that caused the water ways to erode. Because the water way was not properly
maintained, waste then drained directly off of the field and flowed into Persimmon Branch.
When asked, the owner reported that they became aware of the discharge on November 17, 2003
when the complainant repeatedly flew over their farm. The owner knew of the discharge and failed
to notify the State as required.
Farm and/or Company Compliance History: Include a copy of CAFO Designation letters,
previous NOV's, NOD's previous civil assessments,_ etc.
A Notice of Deficiency dated October 27, 1997, was issued for erosion, large cuts and animal holes
needing to be filled in. A piping and PAN problem was also listed.
A Notice of Deficiency dated June 1, 1998, was issued for insufficient freeboard and erosion
problems on the dike wall.

A Notice of Violation dated October I0, 2001, was issued for failure to record an irrigation event.
Amount of Waste Discharge (if applicable). If amount cannot be estimated, what is the rate
of flow reaching surface water.
The discharge volume is estimated at 3,100 gallons. This discharge amount is based on the amount
of waste pumped and the amount of waste observed that had discharged into Persimmon Branch.
Sample Results f applicable with locations of samples taken noted in relation to the
discharge point:
The results are as follows:
Date Sampled is July 30, 2003.
1-Field Edge
Lab ID# 15604 14,414 Fecal Coliform, coloniesA00 mL
2-Up Stream
Lab ID# 15605 < 10 Fecal Coliform, colonies/I00 mL
3-Down Stream
Lab ID# 15606 11,570 Fecal Coliform, colonies/100 mL
These sample results help to show the impact that this discharge had on Persimmon Branch. (See
photo's and Map #2)
Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance:
Mr. Atkinson did not notify the State of the discharge. On November 17, 2003, he shut down the
system but did nothing to clean up or minimize the amount of waste that was discharging into
Persimmon Branch.
The owner also failed to maintain the water ways located in the application field. A proper
vegetative cover was not maintained that caused the water way to erode. Because the water way was
not properly maintained, waste then drained directly off of the field and flowed into Persimmon
Branch.
On October 27, 1997, a Notice of Deficiency was issued for erosion problems.
The March 8, 2002, inspection report lists that Cost -Share money had been available to the farm
owner for water way repair. Mr. Atkinson had three years to use this money but failed to use it and
his time limit ran out (Angie Quinn, Duplin Soil and Water Cost -Share Tech).
Fish kill observed? YIN If yes, include report from WRC:
No fish kill was observed.

Mitigating Circumstances:
No mitigating circumstances.
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.
Assessment Factors required to be considered- by G.S. 14313-282.1(b):
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
The animal waste discharge caused elevated levels of fecal coliform and nutrients in the
waters of the State. These pollutants can be detrimental to the use and ecology of the
receiving waters.
2. The duration and gravity of the violation:
The discharge event was first identified on November 17, 2003. During the inspection that
followed on November 18, 2003, waste was still running off of the application field down
the water way and then discharging into Persimmon Branch.
The failure to maintain the water ways has been an ongoing issue since October 27, 1997,
when a Notice of Deficiency was issued for erosion problems. Cost -Share money was then
made available to fix the problem in 1999. The farm had three years to use this money to
repair the water way and did not use it. Because the water ways were not properly
maintained, waste drained directly off of the field and flowed into Persimmon Branch.
3. The effect on ground or surface water quantity or quality or on air quality:
The effect on surface water quality is documented under the sample results that are shown
above. The effects on ground water are not documented or known. The effect on air quality
is unknown.
4. The cost of rectifying the damage:
The damage that was done by the animal waste that reached waters of the State cannot be
rectified and the cost is unknown.

5.
6.
U.
The amount of money saved by noncompliance:
The amount of money saved by noncompliance may be that amount of money that it would
cost to maintain the field water ways, the cost to ensure that staff are properly trained and the
cost to ensure that there is a sufficient amount of staff to perform sufficient monitoring of the
application activities to ensure that runoff and discharge of animal waste into the waters of
the State does not occur. This amount of money is unknown to me.
Whether the violation was committed willfully or intentionally:
Mr. Atkinson chose not to use the Cost -Share money that was made available to him to repair
the water ways. By not repairing the water ways, nothing was done to mitigate the impacts
of a discharge.
The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
A Notice of Deficiency dated October 27,1997, was issued for erosion, large cuts and animal
holes needing to be filled in. A piping and PAN problem was also listed.
A Notice of Deficiencydated June 1,1998, was issued for insufficient freeboard and erosion
problems on the dike wall.
A Notice of Violation dated October 10, 2001, was issued for failure to record an irrigation
event.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $764.58, as follows:
Staff,
14 hours @ $19.55/hour
$273,70
Samples
3 Fecal,@ $20.00/sample
$ 60.00
3 Nutrients @ $95.00/sample
$285.00
Mileage
148 miles @ $0.31/mile
$ 45.88
Administrative Costs
$100.00
Total
$764.58

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
DALE ATKINSON FARM I-6
(FACILITY 31 - 86)
FOR VIOLATION OF NORTH CAROLINA
GENERAL STATUTE 143-215.1 FOR
MAKING AN OUTLET INTO WATERS
OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FILE NO. DV
)
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, Jeffery O. Poupart, Supervisor of the
Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the
following:
I. FINDINGS OF FACT:
A. Mr. Dale Atkinson owns and operates the Dale Atkinson Farm 1-6, a swine animal operation
located southeast of Kenansville on the east side of Hwy 50 approximately 0.7 miles south
of SR 1737.
B. Mr. Dale Atkinson was issued Certificate of Coverage NCA231086 under Swine Waste
Management System General NPDES Permit NCA200000 issued pursuant to North Carolina
General Statute 143-215.1 on April 9, 2003 for the operation of an animal waste collection,
treatment, storage and application system.
C. Condition H. 4 of the NPDES Permit NCA200000 states that, " Land application rates shall
be in accordance with the CAWMP. In no case shall land application rates exceed the Plant
Available Nitrogen rate for the receiving crop or result in runoff during any given
application event."
D. On November 18, 2003, ponded waste was observed running off of the Dale Atkinson
Farm 1-6 spray field. The waste was observed flowing off one of the field water ways and
discharging into Persimmon Branch.
E. North Carolina General Statute 143-215.1 states that no person shall make an outlet into the
waters of the State without having obtained and abided by the appropriate permit.
F. Condition I. 1 of NPDES Permit NCA 200000 states in part, "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
into surface waters, wetlands, or ditches."

G. Waste observed flowing off of the spray field into one of the water ways then discharged
directly into Persimmon Branch. The discharge volume is estimated at about 3,100 gallons.
H. Condition 11. 1 ofNPDES Permit NCA200000 states, "The collection, treatment, and storage
facilities, and the land application equipment and fields shall be properly operated and
maintained at all times."
I. An inspection of the field water ways revealed that the owner had failed to maintain proper
vegetative cover that caused the water way to erode. Because the water way was not
properly maintained, waste then drained directly off of the field and flowed into Persimmon
Branch.
J. Condition III. 11. a of NPDES Permit NCA200000 requires the Regional Office to be
notified as soon as possible, not to exceed 24 hours following first knowledge of the
occurrence of any failure of any component of the animal waste collection, treatment,
storage and land application system resulting in a discharge to surface waters.
K. The Division was not notified as required regarding the discovery of the discharge.
L. Mr. Dale Atkinson had no valid permit for the above described activity.
M. The cost to the State of the enforcement procedures in this matter totaled $479.58.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Dale Atkinson, 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. Persimmon Creek is waters of the State within the meaning of G. S. 143 -215. 1 (a)(1) pursuant
to G.S. 143-212(6).
D. Mr. Dale Atkinson, violated Condition 11.4 of the NPDES Permit NCA200000 by applying
waste at rates that resulted in ponding and runoff.
E. Mr. Dale Atkinson, violated Condition 1.1 ofNPDES PermitNCA200000 by applying waste
that resulted in a discharge into waters of the Persimmon Branch.
F. The above -cited discharge constitutes making an outlet into waters of the State for purposes
of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1.
G. Mr. Dale Atkinson, violated Condition H. 1 of NPDES Permit NCA200000 by failing to
maintain the water ways located in the application field.

in
H. Mr. Dale Atkinson, violated Condition III. 11. a of NPDES Permit NCA200000 by failing
to notify the State of the discharge as required.
I. Mr. Dale Atkinson,.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 twenty five thousand
dollars ($25,000.00) 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.
The State's enforcement costs in this matter may be assessed against Mr. Dale Atkinson,
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I (b)(8).
K. Pursuant to N.C. Gen. Stat. 143-215.6A, the Secretary of the Department of Environment
and Natural Resources has the authority to issue civil penalties in this matter. The Secretary
has delegated this authority to the Director of DWQ Pursuant to N.C. Gen. Stat. 143B-10.
Based upon the above Findings of Fact and Conclusions of Law, I make the following.
DECISION:
Accordingly, Mr. Dale Atkinson, is hereby assessed a civil penalty of.
$
for of one violation of Condition H.4 of NPDES Permit
NCA200000 by applying animal waste such that ponding and
runoff occurred.
$
for of one violation of G.S. 143-215.1 for discharging animal
waste into the waters of the State without a permit.
$
for _ o f o ne v iolation o f C ondition I I I o f N PDES Permit
NCA200000 for failing to maintain the waterways located in the
application field.
$
for of one violation of Condition III. 11. a of NPDES Permit
NCA200000 for failing to notify the State of the discharge.
$
TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 764.58
Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors
listed in G.S. 143B-282.1(b), which are-..
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

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6602 Windmill Way - Wilmington, North Carolina 28405
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[phone] (Lab) - [phone] (Fax)
[e-mail]
ANALYTICAL & CONSULTING
CHEMISTS NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Gail Stenberg
Date Sampled: 11/18/03
Sampled By: Gale Stenberg
WASTEWATER:
1jmr,
I Date of Report: November 25, 2003
ILL,
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Purchase Order #:
'�'----- --------� Report Number: 3-6723
REPORT OF ANALYSIS
Report To: Gale Stenberg
PARAMETER
Sample ID
1- Field Edge
2 — UP Stream
3 — Down Stream
Lab ID
# 15604
# 15605
915606
Nitrate + Nitrite Nitrogen, NO3+NO2-N mg/L
5.31
0.22
0.1.0
Ammonia, NE13-N mg/L
176
1.0
92.4
Total Phosphorus, P mg/L
3.88
0.23
9.92
Total Kjeldahl Nitrogen, TKN mg/L
216
5.6
165
Fecal Coliform, colonies/100 mL
14,414
< 10
11,570
Comments:
Reviewed b

Collected BY: C� ( 0 �`' 17?/ v
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ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
NCDENR: D/t
W'Q Cerrdflleeaate N94. DLS Cerdflcate 437729
A
W -WAI CTen ^Cnil CT = Cl..ilCra nd-ha.r.
6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
Fax: (9 t 0) 392-4424
Email:Eche aal.com
Report-Na: 3—
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Comments: 31- X K

Mwd: second case from 11-17-031
1411 1��a�o's hkem y
Subject: [Fwd: second case from 11-17-031 Ave
Date: Tue, 18 Nov 2003 10:12:39 -0500
From: Rick Shiver <[e-mail]>
To: [e-mail], [e-mail]
Hi, guys,
Same deal. This one may be more substantive. Rick
Subject: second case from 11-17-03
Date: Tue, 18 Nov 2003 09:23:26 -0500
From: "RDOVE" <[e-mail]>
To: <[e-mail]>, <[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>, <[e-mail]>,
<[e-mail]>, <[e-mail]>, <[e-mail]>,
<robin.w. smith@ncmai l.net>
Paul/Rick et al:
This next case appeared to very egregious. Based upon our observations from
the air there was a massive discharge of hog waste to public trust waters
taking place. There was a caretaker on location. After he saw our plane
circling, he rushed to the sprayers to turn them off. Before he was able to
do so, we did document the event very well in photos and video.
We observed one of the sprayers spraying heavily into .a ditch or stream
(couldn't tell which it was). That conveyance discharged directly into a
large wetland area that appeared connected to public trust waters. The flow
of this hog waste is clearly pictured. I have not had a chance to review the
video but it should be extremely good.
This facility did not appear well suited for hog waste disposal. A review of
the streams, ditching, authorized, spraying areas and waste manage plan
should be conducted as soon as possible. Who was the Technical Expert who
authorized the waste management plan for this facility? Based upon what I
saw today, I do not see how this facility can adequately function. T would
note that what pictured did not occur under extremely wet weather
conditions. In most places we flew yesterday, conditions were favorable for
spraying.
Please advise me as to the owner/integrator of this facility. Also please
give me its address and the results of your investigation.
I am not sure which Regional Office has responsibility for this facility.
Please sort that out and let me know where to send the pics and video.
Rick Dove
Waterkeeper Alliance
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1 of 3 l 1/18/2003 4:16 PM

rF,�k,d: second case from 11-17-03]
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Rick Shiver <_R.ick.Shiverr ncmail.ner>
s
2 o f 3 11/18/2003 4:16 PM

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Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL # 7001 1140 0002 1285 2987
RETURN RECEIPT REQUESTED
Mr. Dale Atkinson
Dale Atkinson Farm 1 - 6
1587SNC50
Magnolia, NC 28453
Dear Mr. Atkinson:
December 4, 2003
Subject: Notice of Violation and
Recommendation for Enforcement
Dale Atkinson Farm 1 - 6
Facility Number: 31- 86
Magnolia, NC
Duplin County
This Notice of Violation is issued on this date to Mr. Dale Atkinson, owner/operator of the Dale
Atkinson Farm 1 - 6 covered under Certificate of Coverage NCA231086. This Certificate of Coverage was
issued by the State of North Carolina under Swine Waste Management System General NPDES Permit
NCA200000.
An inspection was performed on November 18, 2003, of the Dale Atkinson Farm 1 - 6 in response
to a complaint. During this inspection, staff from the Wilmington Regional Office of the Division of Water
Quality observed and documented several violations.
These violations are listed as follows:
1. Ponded Waste and Runoff
On November 18, 2003, during a ground inspection, it was found that waste was ponded and
running off of the Dale Atkinson Farm 1 - 6 spray field.
This is in violation of Condition 11. 4 of the NPDES Permit NCA200000 that states, "Land application
rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the
Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application
event".
2. Discharging into Waters of the State
During the ground inspection, it was found that waste had run off the spray field and then
discharged directly into Persimmon Creek. The discharge volume is estimated at 3,185 gallons.
I*A
NCDEN8
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-6748

Mr. Dale Atkinson
Page 2 of 3
December 4, 2003
This is a violation of North Carolina General Statute 143-215.1 that states that no person shall make
an outlet into the waters of the State without having obtained and abided by the appropriate permit.
This is also a violation of Condition I. 1 of NPDES Permit NCA 200000 that states in part, "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 into surface waters, wetlands, or ditches".
3. Operation and Maintenance
The ownerfailed to maintain the waterways located in the application field. A proper vegetive cover
was not maintained which caused the water ways to erode. Because the water ways were not
properly maintained, waste drained more easily straight off of the field down into Persimmon Creek.
This is in violation of Condition II 1 of the NPDES Permit NCA200000 that states in part that the
fields shall be maintained at all times.
4. Failure to Notify
During the ground inspection on November 18, 2003, the owner reported that they became aware
of the discharge on November 17, 2003 when the complainant repeatedly flew over their farm. The
owner knew of the discharge and failed to Notify the State as required.
This is in violation of Condition III 11 a of the NPDES Permit NCA200000 that states in part that the
State needs to be notified within 24 hours following the failure of any component of the land
application system resulting in a discharge to surface waters or wetlands.
Response requirements are listed as follows:
Awritten response must be submitted to the Wilmington Regional Office, Division of Water Quality
that includes:
a. An explanation of the violations.
b. A description of the actions taken to bring the violations back into compliance and to prevent
their recurrence.
2. The written response must be received by this office within 15 working days of the receipt of this
notice.

Mr. Dale Atkinson
Page 3of3
December 4, 2003
You may wish to contact your Service Company, County Soil & Water district office, county
extension office, a qualified technical specialist, andlor a professional engineer for any assistance they may
be able to provide.
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality for the above noted violations. These violations may result
in civil penalties of up to $25,000 perviolation in accordance with North Carolina General Statute 143-
215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with
North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded tothe Directoralong
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.
If you have any questions concerning this matter please do not hesitate to contact either Mr. Gale
Stenberg of our Wilmington Regional Office at [phone] or Mr. Steve Lewis of our Central Office at
[phone] ext. 539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Billy Houston, Duplin County Soil and Water Conservation
Kraig Westerbeek, Murphy -Brown LLC
Ken Best, Duplin County Health Department
Patrick Fussell, DSWC-WiRO
DWQ Non -Discharge Compliance/Enforcement Unit
DWQ Central Files
DWQ Wilmington Animal Files 31-86
S:IWQSIANIMALSIDUPLIN12003131-86 Dale Atkinson Farm 1 - 6 NOVRFE

For Immediate Release
11-19-03
NOTIFICATION OF WASTEWATER SPILL IN DUPLIN COUNTY
House Bill 1160, which the General Assembly enacted in July 1999, requires that
municipalities, animal operations, industries and others who operate waste handling
facilities issue news releases when a waste spill of 1,000 gallons or more reaches
surface waters.
In accordance with that regulation, the following news release has been prepared and
Issued to media in the affected county.
The Dale Atkinson Farm, a Duplin County hog farm, had a wastewater spill on November
17, 2003. The spill was reported to DWO on November 17, 2003 and was estimated to be
approximately 3100 gallons. The partially treated wastewater ran off into Persimmon
Branch.
For information, contact Dale Atkinson at 910-296-1854.

Type of Visit J.Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notttliic�ation Ja Other ❑ Denied Access
Facility Number
(late ol" Visit: ,--z,;�-�=� Time:
Not O erational 0 Below Threshold
El Permitted ❑ Cee�rtified (3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold:
Farm Name: dkle . V;4 se" � `f,r �- rI - Counts-
Owner Name: 04- ` � T Phone No:
Mailing Address:
Facility Contact:
Onsite Representative:
✓A
Integrator: a_t-'/a // tom-
Certified Operator: Operator Certification Number:
Location of Farm:
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' 0 OK Longitude 0' 0' Y
` ✓ ,Design;i Current �, - Design sCarrent, y .<r t c 5 Design�CtirrCnt
z,�Svrzne ,." .._='Ca"acit�l?o nlsdon:r;Poulti-1,-=�Ca acrriPo ulatioaCattie..,�,.Ca acm_.:;Po tilsoa;
P
Wean to Feeder
r
❑ La er ❑ Dai',Feeder to Finish ❑ Non Laver [] Non Datry Farrow l0 Wean
❑Farrow to Feeder ❑ Othert1
.�`
s El Farrow Farrow to FinisTotai �esigtl
.❑Gilts Capacity
hi
❑ Boars��'za '$`t��7o a1aSSLW:
fit' F*Number oiLagovns r Ijj` <y� ❑ Subsurface Drains Present ❑ La ooa Area ❑ Spray Field Area V,
,r ,,HoldtngiPands / Solid Traps U,' ❑ No Liquid Waste Management System mot -= -AW
""`.. , �..
Dischaes & Stream Impacts
1. Is any discharge observed from any part of the operation? W Yes ❑ No
Discharge originated at: ❑ Lagoon ®Svrav Field ❑ Other
a. If discharge is observed; was the conveyance man-made? El 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 No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spiilwav ❑ Yes ❑ No
Srro ture I Structure ? Structure 3 Structure 4 Structure 5 Structure 6
identifier: j
Freeboard (inches): 2•
05103101 Continued

Facility Number: j — Date of Inspection
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? El Yes El 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 ❑ No
8. 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 over application? Q Excessive Ponding ❑ PAN ❑ Hydraulic Overload ® Yes ❑ No
12. Crop type
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
T5. Does the receiving crop need improvement?
❑ Yes
❑ No
16. is there a lack of adequate 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?
❑ Yes
❑ No
fie/ discharge, freeboard problems, over application)
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.
=».� �a:i r-
Conimetrts (referta question #)Ecplatnany YI3S`ansv�r att�d/or-suyommendteutis or adv athmeats. rIT
Use drawrugsof fact7tty to iietter eiplaua sitnat�aoiss(nse addidona_l pages as aecessary)�µ�
��❑ Field Copy ❑Final Notes`
P� - �:
rw'.r�'�; •-..r1w.�'.:w+�: �/.T�7i..ay.-. n:R:_�� i �i.q ���,j�-���s��9y Y. c:i �...-+rsys���.'.H se:...p vs .aw:h
�'./�L-�q_;:<�.�
Y'7�%A7�� J�3A'�h %h �os/dr�S� '7 Loaz�:n71 `fain rail-7
jW
e7' Q" %� �o ,orG ,ram"� e,el .
An ��i'•� f
��/��J ,
Gr// s�e .� Ki ,7 OTC` V- `t1la�t'r� �-- ��:� �"e fD rIr174'{�c� �IfTL
Gi]%u'S/e /vo-✓ deal 2/Ji?1 �a 4,c nz = 73 IO2�.in J�/ gslJ
19"Fl;' 01 X = ri >
//w
/ Sj h ✓� Y� �� f o "� � C
Reviewer/Inspector Name �: ;;: v s� J _ M
.,; r:. .. , f> �r -' s.
y
Reviewer/Inspector Signature: Date:
05103101 Continued

Facility Number: 3% — Date of inspection Lz�'-t'
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below [:]Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake -not located near the liquid surface of the lagoon? ❑ Yes ❑ No
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.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
rl
14 = 3, l'3 5-��//4�.
'F"All A f crJJ'l A5 %JT/1ttP� �r7 ✓h7f�" iS jl9gcsf/ 'f ,
V �G Al,,,,e

of Visit O Compliance Inspection O Operation Review Q Lagoon Evaluation
Reason for Visit O Routine Q Complaint O. Follow up Q Emergency Notification Q Other ❑ Denied Access
Facility Number 31 g6 Date of Visit: 2/27/2002 Time: 13:40
O Not -Operational O Below Threshold
® Permitted ® Certified 0 Conditionally Certified © Registered Date Last Operated or Above Threshold: ................
Farm Name: >z;t<1e.A1l0uuiu.k qua.-6 ............................. County: AUplin................................................ WJR. Q.........
Owner Name: AI1k]IItSRtI...... Phone No: 9I.Q-26.:a.S4... J�....-.---- .......................................... .........--------....-----------.............
2q0—Z 3 �
MailingAddress:C �E
N[agtto.Ia.. N...........................
FacilityContact: .................................................I....................... Tits1,1e:............................................... ................. Phone No:...................................................
� ZqV jv2. Qe
Onsite Representative: )aul�l!<e. �1.G��X..S�t�ef geld ....................... ....................... Integrator: CArr.Q1 &.Ftads.jmC---..........................................
Certified Operator:.W.Aljjg..GrAy.................... SkElgld,.......................................... Operator Certification Number:19693............
Location of Farm:
Southeast of Kenansville. On East side of Hwy 50 approx. 0.7 mile South of SR 1737.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude Longitude 77 'F 54 , 34 64
-.. Design: Current Design ' `Current Design Current
Swine Capacity. =Po ulation ;. Poultry. ;Capacity . Population Cattle Capacity. Population
❑ Wean to Feeder
® Feeder to Finish
4760
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Number of Lagoons 1 ?: ® Subsurface Drains Present ❑Lagoon Area ® Spray Field Area
Holdrng Ponds /Solid Traps. - ❑ No Liquid Waste Management System
Discharees & 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 ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ................ I................. ........... .2...................
Freeboard (inches): 27 25
05103101 Continued

Ll~a t tct tc tl y Number: 31—Sb
Date of Inspection 2/27/2002
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 Iack of adequate waste application equipment?
Re j 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?
(iel 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 ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
© No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
`Comments (refer to'questton #) Ezplatn any YEB answers and/or any,recommendations or any other commentsT
Use drawtngs,of facility tt to beer-explatniituattons (use additional pages as necessary) `
❑Field Co Final Notes
m
This inspection was conducted as a followup to observe the cleanup of the old hay and cow manure from the waterways on the farm. It
appears that the hay and cow manure has been removed from the waterways.
and 11. Swine animal waste is ponded at the outlet of the waterway draining from the field and there are also puddles of the swine
waste in the waterway. It appears that swine waste discharged from the ponded area into a stream. Water quality samples and pictures
were taken.
wer/Inspector NameStonewall Mathwer/Inspector
E
Signature: Date:
05103101 Continued

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 O Other ❑ Denied Access
Date orvisit: 3/8/2002 Time:
Facility Number 31 86
O Not Operational O Below Threshold
® Permitted ® Certified © Conditionally Certified ❑ Registered Date Last Operated or Above Threshold: ...................
FarmName: ....................... ..................................................... County:MOW ................................................ WIRA.........
Owner Name: DAk........................ ----- AWUso .... Phone No: 91Q-z ...........................................................
MailingAddress: 15...7..S.XG.5Q........................................................................................ Kagnmfia..XC ....................................................... 26.4,53 .............
Facility Contact:..............................................................................Title• Phone No
Onsite Representative: Integrator: CAI-rjzl1.'.&.k oQtiS.lrtg...................
Certified Operator:.yy-A11je,.Grrjy..................... S.hefriRld.......................................... Operator Certification Number: 1q Q .............................
Location of Farm:
Southeast of Kenansville. On East side of Hwy 50 approx. 0.7 mile South of SR 1737.
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 54 06 Longitude 77 • ®34 K
Design Current Design -Current. Design Current
Swine :.
Ca acit Po ulation P oultry_ - Capacity: Population Cattle ".. Capacity: Population
❑ Wean to Feeder
® Feeder to Finish
4760
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
E Number of Lagoons 1 ®Subsurface Drains Present ❑ Lagoon Area ® Spray Field Area
' Holding.Pnnds '/ Solid;Traps, ❑ No Liquid Waste Management System
f
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 ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ 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):
051033101 — - Continued

Facility Number: 31-86 Date of Inspection 3/8/2002
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
[I 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 maintenancelimprovement?
❑ Yes
❑ No
8. 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 over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes
❑ No
12. Crop type
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
16. Is there a lack of adequate 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.
{re- asitmfq
Comrsients er� o YEdncm..3ec�Nm�ote�s',,�..§K
tUr xq• .t�n=suets
� ^t .].�
sw.!ofaclity to betterexplainsituatons R(us dditionai pages as necesary) �[]FieldCopy ❑Fin.a-
`-i�
Follow-up on Possible Cost -share money available for Waterway repair. Angie Quinn, (Duplin Soil and Water Cost -Share Tech.), said
+
at they had money sign up, but the time limit ran out and the money for Mr. Sheffield was sent back to Raleigh. Angie Quinn stated tha
this farm had three years to use the money for waterway repair, and they did not use it.
•r
wer/Ins ector Name _ x rev
p Pa#rick Fussell
ERevviewer/Inspector
Signature: Date:
05103101 Continued

Facility Number: 31-86 Date of Inspection 3/812DD2
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
2T Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
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.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
05103101