310576_ENFORCEMENT_20171231

NOHTH CAHOLINA
Department of Environmental Qual

Water Resources
ENVIRONMENTAL QUALITY
March 9, 2016
CERTIFIED MAIL - #70151520 0000 7838 2319
RETURN RECEIPT REQUESTED
Harry Parker
Parker's Porkers
497 Sandlin Rd
Beulaville, NC28518-6740
Dear Harry Parker:
PAT MCCRORY
Goventor
DONALD R. VAN DER VAART
Secreiary
S. JAY ZIMMERMAN
Director
RECEIVEMCDENOWR
MAR 14 2016
Water Quality Regional
Operations Section
Wilmington Regional Office
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 31-0576
Duplin County
Enforcement File No. PC-2016-0020
This letter transmits notice of a civil penalty assessed against Harry Parker in the amount of $180.00, and
$116.00 in investigative costs, for a total of $296.00. This penalty amount is in addition to the overdue
annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount
of $540.00. Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1'636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
State of North Carolina I Environmental Quality I Water Resources
Water Quality Regional Operations section
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 807 6464

r
Assessment of civil penalty
Harry Parker
Enforcement 4 PC-2016-0020
Page 2 of 4
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper;procedurcJor'icontestmg 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 adrriim'st'rati4,hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit ,it ,to, the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing.. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

Assessment of civil penalty
Harry Parker
Enforcement # PC-2016-0020
Page 3 of 4
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered fled when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details 'of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as'evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Payment of Overdue Fees
In addition to the civil penalty amount stated above, you are still responsible for paying the overdue
administering and compliance fees owed to the DWR regardless of which option you chose from
above. According to our records, you owe the following overdue administering and compliance fees to
date:
Invoice Number
Due Date
Outstanding Fee $}
2013PR008494
10/11/2013
180
2014PR007769
10/5/2014
180
2015PR008491
10/9/2015
180
Please remit payment made payable to the North Carolina Department of Environmental Quality in the
amount of $540.00. Please mail this payment in a separate check to:
Division of Water Resources
Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617

Assessment of civil penalty
Harry Parker
Enforcement # PC-2016-0020
Page 4 of 4
Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this
letter will result additional civil penalties for continuing violations._ Each day of a continuing violation may
be considered a separate violation subject to a $25,000.00 per violation per day penalty.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
i
in i ard, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: James Gregson, Wilmington WQROS Regional Supervisor w/ attachments
File # PC-2016-0020 w/ attachments
WQROS Central Files w/ attachments
Duplin County Health Department

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
HARRY PARKER
FOR VIOLATIONS OF ANIMAL
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
AND 15A NCAC 2T .0105(e)(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC-2016-0020
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources. (DWR), I, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
FINDINGS OF FACT:
A. Harry Parker owns and operates Parker's Porkers, a swine animal feeding operation in Duplin
County.
B. Harry Parker was issued Certificate of Coverage AWS310576 under General Permit
AWG100000 for Parker's Porkers on October 1, 2009, effective upon issuance, with an
expiration date of September 30, 2014. Harry Parker did not renew the permit during 2014
State General Permit renewal-
C. 15A NCAC 2T A 105(e)(2) states in part that "An annual fee for administering and compliance
monitoring shall be charged in each year of the term of every renewable permit according to
the schedule in G.S. 143-215.3D(a). Annual fees must be paid for any facility operating on an
expired permit that has not been rescinded or revoked by the Division. Permittees shall be
billed annually by the Division."
W
E.
The following table provides a history of unpaid invoices sent by DWR Budget Office to
Harry Parker for the annual administering and compliance fees of said Permit:
Invoice Number
Due Date
Outstanding Fee $)
2013PR008494
10/11/2013
180
2014PR007769
10/5/2014
180
2015PR008491
10/9/2015
180
On April 15, 2015, a Notice of Violation (NOV)/ Notice of Intent to Enforce (NOT) was issued
to Harry Parker, citing 15A NCAC 2T .0105(e)(2) for failure to pay the annual administering
and compliance fee within thirty days of being billed by DWR.

F. The NOV/NOI was sent. by certified mail, return receipt requested and received on May 7,
2015.
G. As of the date of this civil penalty enforcement, the above -referenced invoices have not been
paid.
H. The cost to the State of the enforcement procedures in this matter totaled $116.00
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Harry Parker is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. Harry Parker violated 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering
and compliance fee within thirty days of being billed by the Division
C. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.0 _G.S.
143-215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by N.C.G.S. 143215.1.
D. N.C.G.S. 143 215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs
of any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management.
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S.
143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
E. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources, has the authority to assess civil perialties
in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
in. DECISION:
Accordingly, Harry Parker is hereby assessed a civil penalty of:
$ r $0"u
at►
$116.00
$ a96.00
For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual
administering and compliance fee for 2013 & 2014.
TOTAL CIVIL PENALTY which is
authorized by N.C.G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
_ percent of the maximum penalty

Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 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.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above." Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Harry Parker, in
accordance with N.C.G.S. 143-215.6(A)(d).
3 �? //-
(Date) Jon
Wa
Div
l
1, Chief
zality Regional Operations Section
of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Harry Parker
County: Duplin
Case Number: PC-2016-0020
Permit Number: AWS310576
l)
2)
3)
4)
5)
ASSESSMENT FACTORS
The degree and extent of harm to the natural resources of the State, to the public health; or to
private property resulting from the violation;
None.
The duration and gravity of the violation;
To date, the permittees has failed to pay the following overdue annual administering and
compliance fees:
Invoice Number
Due Date
Outstanding Fee ($
2013PR008494
1011112013
180
2014PR007769
101512014
180
2015PR008491
101912015
180
The effect on ground or surface water quantity or quality or on air quality;
Unknown.
The cost of rectifying the damage;
The total overdue annual administering and compliance fees are $540.00.
tox e�e.4 �r^
The amount of money saved by noncompliance;
By not paying the annual administering and compliance fees, the permittees saved a total of $540.00.
6) Whether the violation was committed willfully or intentionally;
The circumstances that resulted in the failure to pay the annual administering and compliance fees during
their original billing cycle are negligible. However, the permittees were issued a Notice of Violations
(NOV) for failure to pay the overdue fees. Therefore, failure to pay the overdue fees after receipt of the
NOV is both willful and intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Nov 2014 —NOD'—forfailure to applyfor State General Permit renewal
April 2015 — NO V — for failure to pay annual fee for 2013& 2014,
8) The cost to the State of the enforcement procedures,
$116.00
l
3A. fib
Date Jon aard
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
HARRY PARKER
PERMIT NO. AWS310576
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2016-0020
Having been assessed civil penalties totaling $296.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, March 9, 2016, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after thirty (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
2016

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2016-0020 County: D_ unlin
Assessed Party: Harry Parker
Permit No.: AWS310576 Amount assessed: 296.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation 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 determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(fl] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty. assessment factors in NCGS 143B-282.1(b) were
wrongfully pplied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessgr r
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.

A
VA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Harry Parker
Parker's Porkers
497 Sandlin Rd
Beulaville, NC28518-6740
Dear Permittee,
April 15, 2015
Donald R. van der Vaart
RECEIVEMCDENII/M Secretary
APR 17 2015
Water Qua Iity Regional
Operations Section
Wilmington Regional Office
Subject: Notice of Violation/Notice of Intent to Enforce
Parker's Porkers
Permit Number: AWS310576
Duplin County
You are hereby notified that, having been permitted to have an animal waste management system
permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be
in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T
.0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by
the Division of Water Resources (Division). The Division sent you a Notice, of Deficiency by a letter
dated January 27, 2015. As of this date, our records indicate that the above -referenced permit issued to
your facility has overdue fees.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee ($
2013PROO8494
10/11/2013
180
2014PR007769
10/5/2014
180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within
thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not
more than $25,000 per day per vioiauuo against any `-persua" wlio violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it
is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: hapAyww.nmater.org
An Equal Opportunity 1 Affirmative Action Employer — Made in pars by recycled paper

Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirements. If you have any questions concerning this Notice, please contact the Animal Feeding
Operations Branch staff at [phone].
Sincerely,
0'W'0--3.WA
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Wilmington Regional, Office, Water Quality Regional Operations Section
WQROS Central File (Permit No. AWS310576)

Pat McCrory
Governor
A
����
NCDEINR
North Carolina Department of Environment and Natural Resources
November 17, 2014
CERTIFIED MAIL 7010 0780 0001 7057 4719
RETURN RECEIPT REQUESTED
Harry Parker
Parker's Porkers
2533 S NC 41
Chinquapin, NC 28521
Dear Harry Parker:
John E. Skvarla, Ill
Secretary
Nov I $ 20%
Re: Notice of Deficiency- NOD-2014-OP-0013
Failure to Apply for Renewal of Expiring State General Permit
Permit #: AWS310576
Duplin County
Your facility was approved for operation under one of the Animal Waste Operation State Non -Discharge
General Permits, which expired on September 30, 2014.
The State Non -Discharge General Permit, Condition V.9 states:
`If the Permittee wishes to continue an activity regulated by this General Permit after the
expiration date of this General Permit, the Permittee must apply for and obtain a new COC.
Renewal applications must be filed at least 180 days prior to the expiration of the General
Permit.'
In order to assure your continued coverage under the State Non -Discharge General Permits, the Division
of Water Resources (DWR) sent you a reminder to submit an application for permit coverage to the
Division in a letter written on March 3, 2014. However, our records indicate that the Division has not
received an application form from your facility. The form was due April 1, 2014. To avoid possible
enforcement action for a violation of your permit, please submit your application within thirty (30) days
of receipt of this letter to the following address:
NCDENR—DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: [phone]
Enclosed you will find a "Request for Certificate of Coverage Facility Currently Covered by an Expiring
State Non -Discharge General Permit." The application form must be completed, signed and returned to
DWR with one (1) copy of your most recent Waste Utilization Plan along with the field maps.
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: 91M07.64641Internet: htio:llwww.ncdenr.govl
An Equal Opportunity, AYim:ative Action Employer - Made in part by recycled paper

I - If your facility was never built, please indicate so on the application and request to be removed
from the permitted list_
2. If your facility is depopulated and you are waiting to close the lagoon, please send a separate
letter requesting a "zero animals" permit until such time as the lagoons are properly closed
according to the NRCS standards and the permit is rescinded.
Failure to request renewal of your coverage under a general permit within the time period specified may
result in a civil penalty. Operation of your facility without coverage under a valid general permit would
constitute a violation of NCGS I43-215.1 and could result in assessments of civil penalties of up to
$25,000 per day -
If you have any questions about the State Non -Discharge General Permits, the enclosed application, or
any related matter please feel free to contact the Animal Feeding Operations Program staff at 919-807-
6464.
Sincerely,
Debra Watts
Animal Feeding Operations and
Ground Water Protection Branch
Water Quality Regional Operations Section -
Division of Water Resources, NCDENR
Enclosures
cc (w/o enclosures): Wilmington Regional Office, Water Quality Regional Operations Section
Duplin County Soil and Water Conservation District
WQROS Unit Central Files - AWS310576

&j,FA&
_NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Harry Parker
Parker's Porkers
497 Sandlin Rd
Beulaville, NC28518-6740
Dear Permittee,
January 27, 2015
Donald R. van der Vaart
Secretary
GEV
FEB 12 2015
BY: i w 1
Subject: Notice of Deficiency
Parker's Porkers
Permit Number: AWS310576
Duplin County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of
Water Resources (Division).
The foll wing invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2013PR008494
10/11/2013
180
2014PR007769
10/5/2014
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may
issue a civil penalty assessment of not .more that twenty-five thousand ($25,000) dollars against any
"person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit
under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as
requested within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-cor'rtd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone.[phone] Internet httpi/lwww.ncwater.org
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper

If you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at [phone].
Sincerely,
D,Q-64X 3L4*
eraDe ra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Wilmington Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS310576)

VA TF9p
Michael F. Easley, Governor
�QF
G
William G. Ross Jr., Secretary
_Q
CO
North Carolina Department of Environment and Natural Resources
p
Alan W. Klimek, P.E. Director
Division of Water Quality
May 2, 2005
Harry Parker MAY 0 ¢ 2005
2533 South NC 41
Chinquapin, NC 28521
RE: Acknowledgment of Receipt of Payment
Case No. PC 05-002
Parker's Porkers
Duplin County
Dear Mr. Parker:
This letter is to acknowledge receipt of your check No. 1349 in the amount of $2,130.37 on
May 2, 2005. This payment satisfies -in full the civil assessment in the amount of $2,130.37
levied against Harry Parker 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 4 PC 05-002
APS Central Files
1\la" Carolina
Kati' !ruff
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: hp://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer — 500%Recycled/10% Post Consumer Paper
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

\ �p
NNa r�9
F�I I
r
� Y
March 24, 2005
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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED ; RECEV�D
RECEIPT # 7002 2410 0003 0272 8521 MAR 2 9 Z��S
Mr. Harry Parker
2533 South NC 41
Chinquapin, NC 28521
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Parker's Porkers
Duplin County
File No. PC 05-002
Permit No. AWS310576
Dear Mr. Parker:
This letter transmits notice of a civil penalty assessed against Harry Parker in the amount of
$2,130.37, including $1,130.37 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 waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Keith Larick
Water Quality Section
1636 Mail Service Center, Raleigh,
North Carolina 27699-1636
OR
? mobi Carolina
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604
An Equal OpportunitylAiSrmative Action Employer — 50% Recydedl10% Post Consumer Paper
Phone [phone]
Fax [phone]
Fax [phone]
Customer Service
1-877-623-6748

Harry Parker
Page 2
3/24/05
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of 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
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received

Harry Parker
Page 3
3/24/05
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
IiuO
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Keith Larick at [phone].
Sinc ,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Charles Stehman,; Wilmington Regional Office w/ attachments
Chester Cobb, Wilmington Regional Office w/ attachments
File PC 05-002, w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC 05-002 County: Duplin
Assessed Party: Harry Parker
Permit No. (if applicable): AWS310576 Amount Assessed: $2,130.37
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of 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 wrongfullypplied to the detriment of thepetitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuin environmental dama a 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 penally will prevent ppMent 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 ASSESSMENT
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
Harr Parker } STIPULATION OF FACTS
FILE NO. PC 05-002
Having been assessed civil penalties totaling $2 130.37 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated March 24,
2005 , 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
COUNTY OF DUPLIN
IN THE MATTER OF
HARRY PARKER
FOR VIOLATIONS OF CONDITIONS
OF NON -DISCHARGE
GENERAL PERMIT AWG100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. PC 05-002
I
} FINDINGS AND DECISION
} AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush,
Jr., Chief of the Aquifer Protection Section of the Division of Water (DWQ), make the
following:
I. FINDINGS OF FACT:
A. Harry Parker owns and operates the Parker's Porkers Farm, a swine animal
operation located east of Chinquapin, NC along SR 1817 in Duplin County.
B. Harry Parker was issued Certificate of Coverage AWS310576 under Swine Waste
General Permit AWG100000 for the Parker's Porkers Farm on May 1, 2003,
effective on May 1, 2003, with an expiration date of October 1, 2004. This permit
does not allow the discharge of waste to waters of the State.
C. Condition No. I. 1. of the General Permit 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 to surface waters, wetlands, or ditches."
D. On August 19, 2004, DWQ staff flew over Parker's Porkers Farm and observed
waste ponding and running off a spray field.
E. On August 20, 2004, DWQ staff inspected Parker's Porkers Farm and observed
waste discharging into a drainage way. Waste was also evident in a ditch down
slope of the spray field.

II.
F. The cost to the State of the enforcement procedures in this matter totaled
$1,130.37
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Hang Parker is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. Harry Parker 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) 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.
C. Harry Parker violated Condition No. I. 1. of the General Permit by discharging
waste into a drainage way and ditch.
D. The State's enforcement costs in this matter may be assessed against Harry Parker
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
E. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Harry Parker is hereby assessed a civil penalty of:
$ ,y o o _ O U for violating Condition No. I. 1. of the General Permit by
discharging waste into a drainage way and ditch.
$ / O o Q 0 TOTAL CIVIL PENALTY
$ 1,130.37 Enforcement costs
$ R , i3 o, -S7 TOTAL AMOUNT DUE

As required by G.S. 143 -21 5.6A(c), in determining the amount of the penalty I have considered
the factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

O40F W A rFRQG
7
wa)
511::�
4 ,C
MEMORANDUM
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
TO: Steve Lewis, Environmental Specialist III
Animal Feeding Operations Permitting and Compliance Unit
FROM: Chester Cobb, Environmental Specialist II ��
Wilmington Regional Office
THROUGH: Charles F. Stehman, Regional Environmental Supervisor I
Wilmington Regional Office Q��
SUBJECT: Enforcement Report
Harry Parker
Parker's Porkers
Facility Number: 31-576
Duplin County
DATE: February 9, 2005
Attached please find the subject enforcement report which concludes that Harry Parker
violated Condition No. 1. 1. of the General Permit by discharging waste into a drainage
way and ditch.
On August 19, 2004, staff from the Wilmington Regional Office of the Division of Water
Quality flew over Parker's Porkers Farm and observed where waste was being applied
and ponding on the sprayfield. On August 20, 2004, Mr. Chester Cobb performed an
inspection of the farm and found waste discharging into a drainage way. Evidence of
waste was also in a ditch.
It is recommended that appropriate civil penalties be assessed in accordance with G.S.
143-215.6A(a)(2). It is also recommended that all of the enforcement costs incurred in
the investigation be recovered in the amount of $1,130.37 pursuant to G.S. 143-
215.3(a)(9) and G.S. 143B-282.1(b)(8).
If you have any questions, please contact me at 910-395-3900.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
S:IWQSIANIMALSIDUPLIN12005131-576131-576 Memo
N067 thCarolina
Aatura!!y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX [phone]
An Equal OpportuniiylAffirmative Action Employer— 50°% Recydedl10% Post Consumer Paper

STATE OF NORTH CAROLINA
C�Z��i1���• � 1' f►I
IN THE MATTER OF
HARRY PARKER
FOR VIOLATIONS OF CONDITIONS
OF NON -DISCHARGE
GENERAL PERMIT AWG100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
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, Theodore L. Bush, Jr., Chief of
the Aquifer Protection Section of the Division of Water (DWQ), make the following.
I. FINDINGS OF FACT:
A. Harry Parker owns and operates the Parker's Porkers Farm, a swine animal operation
located east of Chinquapin, NC along SR 1817 in Duplin County.
B. Harry Parker was issued Certificate of Coverage AWS310576 under Swine Waste
General Permit AWG100000 for the Parker's Porkers Farm on May 1, 2003, effective on
May 1, 2003, with an expiration date of October 1, 2004. This permit does not allow the
discharge of waste to waters of the State.
C. Condition No. I. 1. of the General Permit 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
to surface waters, wetlands, or ditches."
D. On August 19, 2004, DWQ staff flew over Parker's Porkers Farm and observed waste
ponding and possibly running off a sprayfield.
E. On August 20, 2004, DWQ staff inspected Parker's Porkers Farm and observed waste
discharging into a drainage way. Waste was also evident in a ditch down slope of the
sprayfield.
F. The cost to the State of the enforcement procedures in this matter totaled $1,130.3 7

Based upon the above Findings of Fact, I make the following:
a
H. CONCLUSIONS OF LAW:
A. Harry Parker is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. Harry Parker 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) 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.
C. Harry Parker violated Condition No. 1. 1. of the General Permit by discharging waste into
a drainage way and ditch.
D. The State's enforcement costs in this matter may be assessed against Harry Parker
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282. 1 (b)(8).
E. The ,Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
in. DECISION:
Accordingly, Hang Parker is hereby assessed a civil penalty of:
for violating Condition No. I. 1. of the General Permit by discharging
waste into a drainage way and ditch.
$ TOTAL CIVIL PENALTY
$ 1,130.37 Enforcement costs
$ TOTAL AMOUNT DUE

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

Violator:
Farm Name:
Contact Person:
Address:
Facility #:
Receiving Stream:
Classification:
Regional Office:
Inspector:
DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Mr. Harry Parker
Parker's Porkers
Mr. Harry Parker
2533 South NC 41
Chinquapin, NC 28521
31-5 76
NA
NA
Wilmington
Chester Cobb
Report Prepared By: Chester Cobb
Case Narrative:
On August 19, 2004, staff from the Wilmington Regional Office of the Division of Water Quality
flew over Parker's Porkers Farm and observed where waste was being applied and ponding on
the sprayfield (see Photos 1, 2, 3, and 4)_ On August 20, 2004, Mr. Chester Cobb performed an
inspection of the farm and found waste leaking from a section of above ground pipe laid between
the two sprayfields for the farm. Waste was observed leaking at the joints of the sectional
aluminum pipe (see Photos 5, 6, 7, 8, and 9). The pipe was used so waste could be applied to the
northern most sprayfield (see Figure 1). Some of the waste that was leaking from the pipe
drained into a drainage way (see Photos 9 and 12). Waste was also observed ponding in several
areas in the northern sprayfield (see Photos 13 and 14). While at the time of the inspection no
waste was observed flowing off the field (see Photo 15), it appeared that waste was present in a
ditch down slope of the field (see Photo 17). Sample results confirmed that waste had discharged
into the ditch.
On October 11, 2004, staff from the Wilmington Regional Office of the Division of Water
Quality walked the drainage way until they reached the beginning of an unnamed tributary to
Cypress Creek. No continuous water flow was observed from the drainage way to the unnamed
tributary.
Farm and/or Company Compliance Histo : Include a copy of CAFO Designation letters
previous NOV's, NOD's previous civil assessments, etc.
March 25, 1998 Notice of Deficiency issued for erosion of the lagoon's clay liner.
Large cuts observed around the inlet pipes on the inner dike wall.
Amount of Waste Discharge (if applicable). If amount cannot be estimated, what is the rate_
of flow reaching surface water.
The discharge was estimated to be less than 100 gallons for the leaks in the pipe. The amount of
waste that left the sprayfield cannot be estimated.

Sample Results f applicable) with locations of samples taken noted in relation to the
discharge_ point:
The approximate location of all water samples is shown in Figure 2. Sample UP #5 was taken at
the northern edge of the southern sprayfreld before the water drained down to the drainage way
(see Photos 10 and 11). Sample DS #2 was taken as waste leaked from the pipe and entered the
drainage way (see Photos 8 and 9). Sample DS #1 was taken approximately 70 feet downstream
of sample location DS #2 (see Photo 12). Sample DS #3 was taken downstream of all possible
waste entry points (see Photo 19). Sample DP #4 was taken from a ditch that was bside a path
connecting the two sprayfields (see Photos 16 and 17). Sample FP1 was taken from an area
where waste was ponding in the field (see Photo 13, and 14).
Sample Results: August 20, 2004
Sample Point UP #5 DS #1 DS #2 DS #3 DP 44 FPI
Fecal Coliform 72 42,000 72,727 10,000 54,000 75,455
(colonies/100m1)
NO2-N + NO3-N 0.14 0.53 0.44 0.48 0.20 0.28
(mg/L)
NH3-N 0.4 14.4 19.9 6.2 30 42.8
._ (TEL) _
TKN 1.4 42 42 12.6 51.3 104
Total P 0.34 6.66 11.7 3.18 13.1 25.8
(mg/L)
Violators degree of cooperation (including efforts to iwevent or restore) recalcitrance:
Mr. Harry Parker, the farm owner, did pump the waste / water out of the ponded areas in the field
and the ditch beside the path (see owner's response to the NOVRFE and the pictures he sent with
the response). Mr. Parker also had the irrigation pipe buried between the two sprayfields on
August 26, 2004 (see owner's response). A receipt for the costs incurred was also sent with Mr.
Parker's response.
Fish kill observed? Y/N If yes, include report from WRC:
No fish kill observed at time of inspection.
Mitigating Circumstances:
No known mitigating circumstances known at time of inspection.

Recommendation:
The Wilmington Regional Office is recommending assessment of civil penalties to the Director
of the Division of Water Quality pursuant to G.S. 143-215.6A.
Include a copy of the previously completed Animal Operations Inspection Form, pictures and
site sketch of waste flow if waste is discharged to surface waters. Also include violator's
response to Notice of Recommendation for Enforcement. If citing certified plan or permit
'condition violations, include copies ofpermit orplan.
Assessment Factors required to be considered by 143B-282.1(b):
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
Based on elevated levels of fecal coliforms and nutrients (see Sample Results), waste
discharged into a drainage way. Waste was not documented as to entering Waters of the
State. Also, neither public health problems nor damage to private property were documented.
2. The duration and gravity of the violation:
The duration and gravity of the discharge is not known. Base on the water samples, waste
made it to a drainage way.
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 section. The
effects on ground water and air quality were not measured and are therefore unknown.
4. The cost of rectifying the damage:
The cost of rectifying the damage is unknown. The owner did pump waste and water out of
the ditch and the holes in the field. The owner also buried the irrigation line.
5. The amount of money saved by noncompliance:
Some of the money saved would have been the cost of burying the irrigation line. The owner
has buried the pipe.
6. Whether the violation was committed willfully or intentionally:
The writer does not believe that 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:
Notice of Deficiency was issued on March 25, 1998 for erosion of the lagoon's clay liner.

8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $1,130.37, as follows:
Staff, Cobb, 10 hours @ S18.31/hour $183.10
Pictures 19 @ $0.33 each $ 6.27
Samples 6 Fecal @ $20.00/sample $ 120.00
Samples 6 Nutrients @ $115.00/sample $ 690.00
Mileage 100 miles @ $0.31/mile $ 31.00
Administrative Costs $100.00
Total $1130.37

0.5 0.25 0 0.5 1 Miles
W
PLI
S
E
Figure 1. Parker's Porkers Farm is located east of Chinquapin, NC
in Duplin County. Farm located off of SR 1817. Map
created from 1988 USGS Lyman Quadrangle.

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PHOTO 1. Parker's Porkers Farm, Facility # 31-576, located in center of picture.
Picture taken on August 19, 2004.
PHOTO 2. -Waste being applied on the northern most sprayfield at Parker's Porkers
Farm on August 19, 2004. Waste was observed ponding at field edge.

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PHOTO 9. Water and waste from the alleyway connecting to the drainage way
running between the two sprayfields. Location of sample IDS #2.
ti wry;
1'
PHOTO 10. Location of upstream sample UP #5. Sample taken above the alleyway
as water flowed toward the drainage way.

IV
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WArFi4QG
O�OF
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 Y
Alan W. Klimek, P.E. Director
Division of Water Quality
October 18, 2004
CERTIFIED MAIL # 7002 1000 0005 2390 0935
RETURN RECEIPT REQUESTED
Mr. Harry Parker
Parker's Porkers
2533 South NC 41
Chinquapin, NC 28521
Subject: Notice of Violation and Recommendation for
Enforcement
Parker's Porkers
Facility Number: 31-576
Duplin County
Dear Mr. Parker:
This is to notify you of violations to Swine Waste Operation General Permit AWG100000 issued
on April 28, 2003 under Certificate of Coverage AWS310576.
On August 20, 2004, Mr. Chester Cobb from the Wilmington Regional Office of the Division of
Water Quality inspected the farm because of observations made during a DWQ flyover on
Thursday, August 19. From the airplane, DWQ staff noticed waste pondirig and possible
runoff. During the inspection on August 20, 2004, Mr. Cobb noted several violations.
From the inspection, the following violations were documented:
1) Discharge of animal waste
On August 20, 2004, Mr. Cobb observed where animal waste had discharged into a
drainageway. Also, water samples taken confirmed that waste had run off from
sprayfield and entered a ditch bordering a path connected the two sprayfields for the
farm. The drainage way was walked by DWQ staff on October 11, 2004 and traced to
an unnamed tributary to Cypress Creek. The staff did not notice any indication that
waste had entered the unnamed tributary. The discharge to ditch and drainageway was
estimated to be less than 1,000 gallons.
This is in violation of Condition No. I. 1. of the General Permit 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 to surface waters, wetlands, or ditches."
No hC-arolina
atirr'71 Y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX [phone]
An Equal Opportun4/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Parker
Page 2 of 3
October 18, 2004
2) Waste ponding and runoff
Animal waste ponding was observed in holes along the outside edge of the sprayfield
during the inspection on August 20, 2004. Also based on the water sample taken from
the ditch, it appears that waste had run off the sprayfield into the ditch.
This is in violation of Condition No. II. 4. of the General Permit 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."
3) Waste management system needing improvement
The discharge observed on August 20, 2004 was due in part to leaking joints from the
above ground supply line between the two sprayfields.
This is in violation of Condition No. I. 1. of the General Permit 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 to surface waters, wetlands, or ditches."
In response to these violations, this office must receive the following information within
fifteen (15) working days of the receipt of this notice:
a. A written explanation of the violations.
b. A written description of the actions taken or to be taken to bring the violations back
into compliance and to prevent their recurrence.
You may wish to contact your County Soil & Water Conservation District Office, County
Extension office, a qualified technical specialist, and/or a professional engineer for any
assistance they may be able to provide.

Mr. Parker
Page 3 of 3
October 18, 2004
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 per violation in accordance with
North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for
reasonable costs of the investigation in accordance with North Carolina General Statute
143-215.3(a)(9). Your response will be forwarded to the Director along with the
enforcement package for his consideration. Be advised that the Division of Water
Quality may take further action in this matter including injunctive relief and permit
revocation.
If you have any questions concerning this matter, please do not hesitate to call Mr. Chester
Cobb at 910-395-3900 ext. 226 or Mr. Steve Lewis at 919-715-6629.
Sinc 17j'y.
��Zl—
Charles F. Stehman, Ph.D., P.G.
Environmental Regional Supervisor I
cc: Billy Houston, Duplin County Soil and Water Conservation District.
John College, DSWC-WiRO
Keith Larick, APS Central Files
DWQ Wilmington Animal Files 31-576
S:IWQSIANIMALS1DUPLIN12004131-576 NOVRFE

ANALYTICAL & CONSULTING
CHEMISTS
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Chester Cobb
Date Sampled: 08/20/04
Sampled By: Chester Cobb
WASTFWATFR=
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, NC 28405
[phone] (Lab) + [phone] (Fax)
710 Bowsertown Road • Manteo, NC 27954
[phone]
NCDE,NR: D4WQ CERTIFICATE #94. DLS CERTIFICATE #37729
Date of Report: September 3, 2004
Purchase Order #:
Report Number: 4-5502
' �� ? Tyi-
REPORT OF ANALYSIS SEP 0 9 2004 i
I
BY:— -
Report To: Chester Cobb
PARAMETER
Sample ID
DS
DS
DS
DP
Up
FPl
#1
##2
#3.
#4
##5
Date
Analyzed
Lab ID
# 11729
# 11730
# 11731,
# 11732
# 11733
# 11734
Nitrate + Nitrite Nitrogen,
0.53
0.44
0.48
0.20
0.14
0.28
08/24/04
NO3+NO2-N mg/L
Ammonia, NH3-N mg/L
14.4
19.9
6.2
30
0A
42.8
08/25/04
Total Phosphorus, P mg/L
6.66
11.7
3.18
13.1
0-34
25.8
08/27/04
Total Kjeldahl Nitrogen, TKN mg/L
42
42
12.6
51.3
1.4
104
08/25/04
Fecal Coliform, colonies/100 mL
42,000
72,727
10,000
54,000
72
75,455
08/20/04
Comments:
Revieweq

4M
Analytical & Consulting Chemists
1V(f_DF)\1 e- 7DIA
ENVIRONMENTAL CHEMISTS, INC
NCDENR: DWQ Certificate 494, DIA Certificate 437729
Samnlle_Collection and Chain of Custody
6602 Windmill Way
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
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PRESERVATION
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Accepted: V
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ected: Resample Requested:
�P'Cxc.tse- Date: CY -0
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Time: - 30

Division of Water Quality -
O vi tan of Soiland Wattrr Conservati6u `
.:o Other Agency
IType of visit f Compliance Inspection O Operation Review O Lagoon Evaluation I
Reason for Visit O Routine O Complaint Q Follow up O Emergency Notification f9f Other ❑ Denied Access
FacilityNumber Dale of visit:
'Permitted © Ce ed ❑ Condi ' nally Certified (] Registered
Farm dame: FL,�/_L 5 ��!?t�_Z-4,K-s—
Owner Name:
rune:
10 Not Operational O Below Threshold
Date Last Opera or Above Threshold:
County: ,(L� lV
Phone No:
_Mailing Address:
Facility contact: Title: Phone No:
Onsite Representatives /`f/c_ Integrator 1___
Certified Operator.,-,., Operator Certification Number -
Location of Farm:
wine ❑ Poultry ❑ Cattle 0 Horse Latitude �• �� ��s Longitude �• �� �«
'Design Current Design Current Design Current
Swine -CapackvPo tioa . _ V161bltty _ cjtv`: Po tion: `Cattle .-'Capacity.Po lion
Waean to Feeder ❑Layer Dairy
eeder to Finish ❑ Non -Layer ❑ Non -Dairy
arrow to wean p
Farrow to Feeder Other -
Farrow to Finish TotaX D 3Ci
Gilts .. Design . p. - ty:.
:.:
Boars ..:;..,` .'Total SSLW
Nthnber oiLagooasHold=- Ponds Mid Trans
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? Oyes ❑ No
Discharge originated an ❑ Lagoon ❑ Spray Feld Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes �To
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 ZNo
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 D Yes XNo
Structure 3 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier. --
Freeboard (inches):
77/77m2

Number: r % — ^ !` Date of inspection r /�� /_r, r
Are there any irrtmediate t7zeas to the inter -its of z.±� of the sus: :�es observed? (ie/ bees, severe erosion: 1 j Yes ❑ \o
seepage. etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a Waste management or [I Yes ❑ ivo
closure plan?
(if any of questions 4.6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DV4Q)
7. Do any of the structures need maintenance/lmprovement? ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenancelimprovement? Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level El Yes ❑ No
elevation marlangs?
Waste ARPlication
10. Are there any buffers that need maintenance!improvement?
I I . Is there evidence of over application? If yes, check the appropriate box below.
f a Excessive EonQding ❑ PAN ❑ /y►draulic O
12. Crop We �E�.�
13. Do the receiving crops differ with those designated
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
15. Does the, receiving crop need improvement?
.16. Is there a lack of adequate waste application equipment?
Odor issues
17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atior below
liquid level of lagoon or storage pond with no agitation?
18. Are there any dead animals not disposed of properly within 24 hours?
19_ Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional
Air Quality representative immediately.
❑ Yes ❑ No
XYes ❑ No
❑ Yes ❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
'Jal"Yes
❑ No
❑ Yes
❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Comments (refer to que: on ) xFFcplam asy YYEI�S ccs $nd/or any or any. other cO' _M' ' ,••�tx, r
Use dralwsags of t�tcipto bttters�taab ems. (nse $ddosaai-pages as =3') !e pyNotes
T4• f�MM ..:i•K?) d Co
A.
OP
dr
�� ��-_ �,.� ��•rr �in per .� T ��°.�i9,2�'!� /a �t �`�
Reviewer «Y .. !—•:--"e *'r _. yam '^z •'z.. s- - €»} �-� T-2 --'--+i ,.,, --".ceZ- _ k rS3
actor lame
�L
ReviewerAkspector Signature: Date: 2fl
12112103 r'n�,�;aitind

tv Number: Date of Inspection c ZGcam!
e aired Records & Document,;
21. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
[3 No
22. 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
23. Does record keeping need improvement? If yes, check the appropriate box below.
❑ Yes
❑ No
❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling
24. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
[:]No
25. Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
26. FaiI to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
❑ No
27. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
No
28. Does facility require afollow-up visit by same agenty?
❑ Yes
❑ No
29. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
N: PDES Permitted Facilities
30. Is the facility covered tinder a NPDES Permit? (If no, skip questions 31-35)
❑ Yes
❑ No
31. If selected, did the facility fail to install and maintain rainb�reakers on irrigation equipment?
❑ Yes
❑ No
32. Did the facility fail to install and maintain a rain gauge?
❑ Yes
❑ No
33. Did the facility fail to conduct an annual sludge survey?
❑ Yes
❑ No
34. Did the facility fail to calibrate waste application equipment?
❑ Yes
- ❑ No
35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below.
❑ Yes
[:]No
❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After I" Rain
❑ 120 Minute Inspections ❑ Annual Certification Form
0 No violations or deficiencies were noted during this visit You will receive no further correspondence about this visit.
I G�• sjeL s �
j4& 4)G4)A /,,ee
CZD+� � o�Jsn i
12112103

i
v
ZA

IType of Visit 0 Compliance Inspection O Operation Review O Lagoon Evaluation I
Reason for Visit 0 Routine O Complaint Q Follow up Q Emergency Notification O Other
' Facility Number Date of Visit: /4i1 Time:
Not Operational O Bel
Pf Permitted 0 Certified 0 Conditioio,,nally Certified 13 Registered
Farm Name: L.�1'��� �» . - / n - A? - --
Owner Name•.
Mailing Address:
❑ Denied Access
Date -Last Operat or Above Threshold:
County C L, Old
Phone No:
Facility Contact: Title: ___ /1� PhoneNo:��__ .
Onsite Representative:Www_Integrator. L �.�- �_--� oe1_ ��✓f7
Certified Operator. __ _ . ' ._ Operator Certification Number:
Location of Farm:
X] Swine ❑ Poultry ❑ Cattle ❑.Ecorse Latitude Longitude
Numher of Lagoons �; _
Dis_char� & Stream IntpacL
I. Is any discharge observed from any part of the operation? El Yes . eNo
Discharge originated at: ❑ Lagoon ❑ Spray Feld ❑ 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 J2(No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier
Freeboard (inches):
12/12/03 Continued

-cy Number: 3 —5 Date of inspection
5. Are there any immediate threats to the integrity of any of the structures observed? re/ trees, severe erosion, ❑ Yes ZNo
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes JZNo
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? ❑ Yes 1,E'No
S. Does any part of the waste management system other than waste structures require maintenancefrmprovement? ❑ Yes XNo
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
❑ Yes
P�No
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
[ZNo
11. Is there evidence of over application? If yes, cheek the appropriate box below.
❑ Yes
0"No
❑ Excessive Pon ding ❑ PAN ❑ Hydraulic verload!❑ Frozen Groouun'd_
❑ Coppe and/or Zinc 1
�j�
12. Crop type �f
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
PrNo
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
R(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
IZNo
Odor Issues
17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below [] Yes WNo
liquid level of lagoon or storage pond with no agitation?
18. Are there any dead animals not disposed of properly within 24 hours?. ❑ Yes X
No
19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ElYes � No
roads, building structure, and/or public property)
24. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes ZNo
Air Quality representative immediately.
-«` ,x.y; H�"- °"-"�«^... -s _y _ "�?•':!i k%.:.C'•' `�.�"c,'Y."'.:C...rK:.k. _ _.� - :w-ne I ' 9C'
to gaesiron #) `rF�plara aay�YES answers andLar, nay r+eccimmendatious or any other ca�+•^ents. .
Coma:�ts {re%r. ,
iJsevngs of fae�Titp'!a better e?cglara stbaa�oas_iastaddihonaL gages as aectssary) Field Copy ❑Final Notes
-J-n}.SOE�zq� L'�1Djr.�JC?�O �.s fj� fz�u/Jo`rJ -dip % �� L'�� �-di`�,�,o ®i✓ .
Figftn� /o /-�.� �L��f✓N�}rn ,E� �rB�' .�79� Y � � �_�/���5 '��s
06 Nam u�vE GlJ�sr,�
�l,✓.��}i,-�,�/3 �z8 Lva��o ,�sr�� g�� /,s�-T G�_.ss .�.� / o� mac.,
4D,-912�0115�jj. 14� —ell �45o�
Reviewer/Inspector Name L
Reviewer/Inspector Signature:
Date: /fi/i/.
12112103 Continued

Vx6er• 31
—� Date of Inspection
g aired Records & Documents
21. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WLFP, checklists, design, maps, etc.)
23. Does record keeping need improvement? If yes, check the appropriate bo., below.
❑ Waste Application ❑ Fe --beard ❑ Wasz;. "nalysis ❑ Scil Sampling
24_ Is facility not in compliance with any applicable setback criteria in effect at the time of design?
25. Did the facility fail to have a actively certified operator in charge?
26, Fail to notify regional DWQ of emergency -situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
27_ Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
28. Does facility require a follow-up visit by same agency?
29. Were any additional problems noted which cause noncompliance of the Cerified AVVW.
NFDES Permitted Facilities
30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35)
31. If selected, did the facility fail to install and maintain rainbreakers on initiation equipment?
32. Did the facility fail to install and maintain a rain gauge?
33_ Did the facility fail to conduct an annual sludge survey?
34. Did the facilityfail to calibrate waste application equipment?
❑ Yes gNo
❑ Yes gNo
0 Yes 0 No
❑ Yes 2fNo
❑ Yes ONO
❑ Yes FfNo
❑ Yes d No
❑ Yes VINO
❑ Yes No
❑ Yes VNo
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No
❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After I" Rain
❑ 120 Minute inspections ❑ Annual Certification Form
© No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
ze
,ew
G ary �Zi�c � lv �p� G{%�7.� ,Qr�cz� �o�i►/T� �z� � Lc1,g�� �!�
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I2/I2103

vjA1'- t:ticnael F_ Easlev, Governor
,C� •4
O William G. Ross Jr_, Secretary
Nort:i Carolina Depanmeni o! Environment and Natural Resources
co
j r Alan W. Klimek, P. E., Director
Division of Water Quality
May 1, 2003
Harry Parker
Parker's Porkers
2533 South NC 41
Chinquapin NC 28521
Subject: Certificate of Coverage No. AWS310576
Parker's Porkers
Swine Waste Collection, Treatment,
Storage and Application System
DupIin County .
Dear Harry Parker.
On April 28, 2003, the North Carolina General Assembly ratified Senate Bill 733 which directs the
Division of Water Quality (Division) to extend the expiration date of the Swine Waste Operation General
Permit AWG100000. Therefore, the General Permit has been re -issued by the Division to extend the
expiration date to October 1, 2004. During the period of this extension the Division will be working with
all interested parties on the development of a new version of the Non -Discharge General Permit.
In accordance with your application received on January 30, 2003 and in accordance with the directive of
Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Harry
Parker, authorizing the operation of the subject animal waste collection, treatment, storage and land
application system in accordance with General Permit AWG100000. The issuance of this COC
.supercedes and terminates your previous COC Number AWS310576 which expired on April 30, 2003.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Parker's Porkers, located in Duplin: County, with an animal capacity of no
greater than an annual average of 1400 Farrow to Wean swine and the application to land as specified in
the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or
Farrow to Feeder operation. there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until October 1, 2004. Pursuant to this COC, you
are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed -
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
N�6 t IR
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Customer Service Center
An Equal opportunity Action Employer
Intemet httpJ/h2o.enr.state.nc.us/ndpu
Telephone [phone] Fax [phone]B
Telephone [phone]
5D% recycled/10% post -consumer paper

Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any
lagoon or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or Iimitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Wilmington Regional Office. The Regional Office
Water Quality Staff may be reached at [phone]. If you need additional information concerning
this COC or the General Permit, please contact Sue Homewood at [phone] ext. 502.
Sincerely,
(l
for Alan W. Klimek, P-E.
Enclosures (General Permit AWG100000)
cc: (Certificate of Coverage only for all cc's)
Wilmington Regional Office, Water Quality Section
DupIin County Health Department
Duplin County Soil and Water Conservation District
Permit File AWS3I0576
NDPU Files

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