310585_ENFORCEMENT_20171231

NUH I H LAHULINA
Department of Environmental Quai

F/
State of North Carolina
Department of Environme MAY
and Natural Resources
-Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
May 23, 2001
MR GEORGE W NEWKIRK
NEWKIRK FARMS INC
199 GOLD POND ROAD
MAGNOLIA NC 28453
14MIL
D E ...N R
SUBJECT: Acknowledgment Receipt Letter
Case # PC 01-012
Duplin County
Dear Mr. Newkirk:
This letter is to acknowledge receipt of your check No. 2539 in the amount of
1,138.28, received from the Newkirk Farms, Inc. on May 22, 2001.
This payment satisfies in full the civil assessment in the amount of $1,138.28
levied against Newkirk Farms, Inc. and this enforcement case has been closed. Payment
of these penalties in no way precludes further action by this Division for future violations.
cc:
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
�isr✓ �.�r1p
Jeff Poupart, Supervisor
Non -Discharge Compliance & Enforcement
Wilmington Regional Office
Enforcement/Compliance Files PC 01-012
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
5 WA
Department of Environment
and Natural Resources IvF'f
Division of Water Quality
Michael F. Easley, Governor AiNCDENR
m IL
William G. Ross Jr., Secretary BY:
Kerr T. Stevens, Director NORTH CARouNA DEPARTMENT OF
EwRoNMENT AND NNSuRAL RESOURCES
April 26, 2001
Mr. George W. Newkirk CERTIFIED MAIL
_Newkirk Farms, Inc. RETURN RECEIPT REOUESTTED
199 Gold Pond Road
Magnolia, NC 28453
SUBJECT: Assessment of Civil Penalties for
Violation of Conditions of General
Permit No. AWG100000
Farm # 31-585
Duplin County
File No. PC 01-012
Dear Mr. Newkirk:
This letter transmits notice of a civil penalty assessed against Newkirk Farms, Inc. in the
amount of $1,138.28 which includes $138.28 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
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).
Mailing Address: Telephone [phone]
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% post -consumer paper
http.Mo. enr. state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

1: -' Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative.
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B -282. 1 (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirt days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc:' .Shive��Wilmington Regional Supervisor w/ attachments
Stoney Mathis, WIRO w/ attachments
File # PC 01-012 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. AWG 100000 ) STIPULATION OF FACTS
FILE NO. PC 01-012
Having been assessed civil penalties totaling $1,138.28 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated, April 25, 2001 , the undersigned, desiring to seek remission of the
civil penalties, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document.
This the day of , 2001.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAR01INA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
File No. PC 01-012
IN THE MATTER OF )
GEORGE W. NEWKIRK AND )
NEWKIRK FARMS, INC.
}
} FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF
OF ANIMAL WASTE PERMIT } CIVIL PENALTIES
AWG 100000 }
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Newkirk Farms, Inc. is a corporation organized and existing under the laws of the
State of North Carolina. George W. Newkirk is the president and registered agent
for Newkirk Farms, Inc.
B. George W. Newkirk and/or Newkirk Farms, Inc. own and operate Newkirk Farms,
Inc., a swine operation located in Duplin County.
C. George W. Newkirk was issued Certificate of Coverage AWS310585 under
General Permit AWG100000 for Newkirk Farms, Inc, on January 11, 1999,
effective January 11, 1999, with an expiration date of April 30, 2003.
D. The Certificate of Coverage (COC) specifies an animal capacity of no greater than
650 farrow to feeder.
E. Condition No. I. 3. of the issued permit states "The facility may not be expanded
above the capacity shown in the COC until a new COC reflecting the expansion
has been issued."
F. According to stocking records supplied by Newkirk Farms, Inc., the animal
population of the farm was 1,158 animals on January 31, 1999; 1,152 animals on
February 28, 1999; and 1,150 animals on March 31, 1999. -

II.
G. The costs to the State of the enforcement procedures in this matter totaled
$138.28.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. George W. Newkirk and Newkirk Farms, Inc. are "persons" 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. George W. Newkirk and/or Newkirk Farms, Inc. above -cited expansion of the
animal capacity above the capacity in the COC violated condition No. I. 3. of
Animal Waste Permit No. AWG100000.
D. George W. Newkirk and/or Newkirk Farms, Inc. may be assessed civil penalties
pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more
than ten thousand dollars ($10,000.00) per violation may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against George W.
Newkirk and/or Newkirk Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S.
143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
George W. Newkirk and/or Newkirk Farms, Inc. are hereby assessed a civil penalty of:
$ for violating condition No. I. 3. of Permit No. AWGi00000
by expanding animal capacity above the capacity allowed by
the Certificate of Coverage
$1,Od a TOTAL CIVII. PENALTY, which is L o percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 138.28 Enforcement costs
$$\. 3 Q .2 9- _ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B -282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
-f -� -V` Ls�' !gs�i
• (Date) Kerr T. Stevens, Director
Division of Water Quality

/il
State of North Carolina Y"-�
Department of Environment APR 3 0 200
and Natural Resources LPy 1 4
Division of Water Quality
Michael F. Easley, Governor
Wiliiam G. Ross Jr., Secretary NCDENR
Kerr T. Stevens, Director - NoRrH CARouNA DEPARTMENT of
ENVIRONMENT AND NxtRAL RE5ouRCEs
Mr. George W. Newkirk
Newkirk Fars, Inc.
199 Gold Pond Road
Magnolia, NC 28453
Dear Mr. Newkirk:
April 26, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Violation of Conditions of General
Permit No. AWG 100000 -
Farm # 31-585
Duplin County
File No. PC 01-012
This letter transmits notice of a civil penalty assessed against Newkirk Farms, Inc. in the
amount of $1,138.28 which includes $138.28 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Marling Address: Telephone [phone]
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% post -consumer paper
hap. //h2o. enr.state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

t,) Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

I
It,
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Rick Shiver, Wilmington Regional Supervisor w/ attachments
f near Math s? WIRO w/ attachments
File # PC 01-012 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE.MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. AWG100000 ) STIPULATION OF FACTS
FILE NO. PC 01-012
Having been assessed civil penalties totaling 1 138.28 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated, _ April 25, 2001 , the undersigned, desiring to seek remission of the
civil penalties, does hereby waive the right to an administrative hearing in :lie above -stated
matter and does stipulate that the facts are as alleged in the assessment document.
This the day of , 2001.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
File No. PC 01-012
IN THE MATTER OF )
GEORGE W. NEWKIRK AND )
NEWKIRK FARMS, INC.
}
FINDINGS AND DECISION
FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF
OF ANIMAL WASTE PERMFr ) CIVIL PENALTIES
AWGI00000 }
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Newkirk Farms, Inc. is a corporation organized and existing under the laws of the
State of North Carolina. George W. Newkirk is the president and registered agent
for Newkirk Farms, Inc.
B. George W. Newkirk and/or Newkirk Farms, Inc. own and operate Newkirk Farms,
Inc., a swine operation located in Duplin County.
C. George W. Newkirk was issued Certificate of Coverage AWS310585 under
General Permit AWG100000 for Newkirk Farms, Inc. on January 11, 1999,
effective January 11, 1999, with an expiration date of April 30, 2003.
D. The Certificate of Coverage (COC) specifies an animal capacity of no greater than
650 farrow to feeder.
E. Condition No. I. 3. of the issued permit states "The facility may not be expanded
above the capacity shown in the COC until a new COC reflecting the expansion
has been issued."
F. According to stocking records supplied by Newkirk Farms, Inc., the animal
population of the farm was 1,158 animals on January 31, 1999; 1,152 animals on
February 28, 1999; and 1,150 animals on March 31, 1999. -

H.
G. The costs to the State of the enforcement procedures in this matter totaled
$138.28.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. George W. Newkirk and Newkirk Farms, Inc. are "persons" 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. George W. Newkirk and/or Newkirk Farms, Inc. above -cited expansion of the
animal capacity above the capacity in the COC violated condition No. I. 3. of
Animal Waste Permit No. AWG100000.
D. George W. Newkirk and/or Newkirk Farms, Inc. may be assessed civil penalties
pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more
than ten thousand dollars ($10,000.00) per violation may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against George W.
Newkirk and/or Newkirk Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S.
143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
10-:14) KK#M
George W. Newkirk and/or Newkirk Farms, Inc. are hereby assessed a civil penalty of:
$ t�Odo for violating condition No. I. 3. of Permit No. AWG100000
by expanding animal capacity above the capacity allowed by
the Certificate of Coverage
$ \10d a TOTAL CML PENALTY, which is 10 percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 138.28
Enforcement costs
TOTAL AMOUNT DUE

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