310593_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

0 W a rFRQG Michael F. Easley
Governor
U? 7 William G. Ross Jr., Secretary
Department of Environment and Natural Resources
'C Alan W. Klimek, P.E- Director
Division of Water Quality
April 2, 2003
Mr. and Mrs. Major Murray
399 River Road 4 01f
Wallace, NC 28466 -�03
a,.
RE: Acknowledgmerit of Receipt of Payment
Case No. DD 96-030
Dear Mr. and Mrs. Murray:
This letter is to acknowledge receipt of your check No. 1917 in the amount of $200.00 on
March 31, 2003. If you have any questions, please call me at [phone], ext. 539.
cc: aliY%itigion Regio Sr00ffice
File # DD 96-030
Central Files
Sincerely,
Steve Lewis
Non -Discharge Compliance and Enforcement
�+
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled/ 10% post -consumer paper
httpl/h2o. enrstate.nc. us

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> 4a -
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
January 21, 2003
AV
3
MR MAJOR MURRAY
MAJOR MURRAY SWINE FARM
399 RIVER ROAD WALLACE NC NC 28466
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DD 96-030
Farm # 31-593
Duplin County
Dear Mr. Murray:
This letter is to acknowledge receipt of your check No. 1822 in the amount
of $200.00 received for Major Murray Swine Farm.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
Si.merely, t jiy�
p}v teve Lewis (�
Non -Discharge Compliance/Enforcement
SL.-sw
CC:OA ilmington.Re`gional_Office7
Enforcement File: DD 96-030
Central Files
NCDEPi1.R
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affimrative Action Employer
50 % recycled/ 1091 post -consumer paper
http://h2o. enr. state.nc. us

WArF
`OHO �JG Michael F. Easley
Governor
U ! William G. Ross Jr., Secretary
4 !JUL!2 Department of Environment and Natural Resources
cgs
f 'C 3 2ftl2 1 Alan W. Klimek, P.E. Director
U r Division of Water Quality
u JJU51:�
July 17, 2002
MR MAJOR MURRAY
MAJOR MURRAY SWINE FARM
399 RIVER ROAD
WALLACE NC 28466
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DD 96-030
Farm # 31-593
Duplin County
Dear Mr. Murray:
This letter is to acknowledge receipt of your check No. 1601 in the amount
of $200.00 received on July 3, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
Sincerely,
teve Lewis -
SL:sw ��f Non -Discharge Compliance/Enforcement
CC: Wilmington Regional Office
Enforcement File: DD 96-030
Central Files
Customer Service: - Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Af nmtiveAction Employer
50% recycled/ 10% post -consumer paper
httpJ/h2o. enr state.nc. us
O
VI
kCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

State of North State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
MR MAJOR MURRAY
MAJOR MURRAY SWINE FARM
399 RIVER ROAD
WALLACE NC 28466
Dear Mr. Murray:
April 3, 2002
ALT.W*VA
�j 0
D E N R
N.
APR 0 5 2002
UZZLU
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 96-030
Farm # 31-593
Duplin County
This letter is to acknowledge receipt of check # 1509 for $200.00 was received
on April 2, 2002.
Payment of these penalties in no way precludes further action by this Division
for future violations of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
,5083 ext. 539.
Sincerely,
//Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/twj
Cc: Wilmington Regional Office
Enforcement Files DD 96-030
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [phone]FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
January 8, 2002
MR MAJOR MURRAY
MAJOR MURRAY SWINE FARM
399 RIVER ROAD
WALLACE NC 28466
LIC.R?FA
AA 41 0
D E N R
JAIV 1 i
1 200Z
SUBJECT: Acknowledgment receipt letter
.Civil Penalty Assessment of Violation
Case DD 96-030
Farm # 31-593
Duplin County
Dear Mr. Murray:
This letter is to acknowledge receipt of your checks No. 1398 in the amount of $200.00
received on January 1, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
JP/tw
cc: Wilmington Regional Office
Enforcement File # DD 96-030
Central Files
Sincerely,
,A/Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
1617 Mail Service Center Raleigh NC 27699-1617
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resource
Division of Water Quality
i!s t
Michael F. Easley, Governor . U E N R
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
October 18, 2001
MR MAJOR MURRAY
MAJOR MURRAY SWINE FARM
399 RIVER ROAD
WALLACE NC 28466
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case DD 96-030
Farm # 31-593
Duplin County
Dear Mr. Murray:
This letter is to acknowledge receipt of your checks No. 11337 in the amount of S200.00
received on October 10, 2001.
Payment of these penalties in no way precludes further action by y this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
�V� Jeff Poupart, Supervisor
Non -'Discharge Comphance/Enforcement
JP/tw
cc: Wilmington Regional Office
Enforcement File # DD 96-030
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

r
State of North Carolina 2 (� MN•`.,
Department of Environme !3 •
and Natural Resources JUL 12 2001
Division of Water Quality
Michael F. Easlev, Governor CDENR
William G. Ross Jr., Secretary NORTH CAROL-INA DEPARTMENT OF
Kerr T. Stevens. Director ENVIRONMENT AND NATURAL RESOURCES
July 5, 2001-
Mr. Major Murray
Major Murray Swine Farm
399 River Road
Wallace, NC 28466
Subject: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case #: DD 96-030
Duplin County
Dear Mr. Murray:
This is to acknowledge receipt of your check No. 1002 in. the amount of $200.00 received
from you on July 3. 2001.
You have paid $2000.00 toward the subject assessment. Payment of these penalties in no
way precludes future action by this Division for future violations.
If you have any questions about this letter, please call Steve Lewis at [phone]. ext.
539.
cc: Wilmington Regional Office
Enforcement File DD 96-030
Central Files
Mailing Address:
1617 Mail Service Center
Raleigh. North Carolina 27699-1617
Sincerely,
Jeff Poupdrt, Supervisor
Non -Discharge Compliance/Enforcement
Telephone [phone]
Fax [phone]
State Courier #52-01 -01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10 ro post -consumer paper
hrrp: //h20. enr.state.nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

State of North Carolina
Department of Environment, r10AY
RCjV�
Health and Natural Resource4Division of Water Quality 200,
r
Michael F. Easley, Governor
William G Ross Jr., Secretary
Kerr T. Stevens, Director
MR MAJOR MURRAY
MAJOR MURRAY SWINE FARM
399 RIVER ROAD
WALLACE NC 28466
April 30, 2001
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 96-030
Duplin County
Dear Mr. Murray: -1
This letter is to acknowledge receipt of your check No. 1002 in the amount of $200.00,
received on April 30, 2001.
You have paid $1,800.00 toward the subject assessment. Payment of these penalties in
no way precludes further action by this Division for future violations of the State's
environmental Iaws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
Jeff Poupart, Supervisor
Non -Discharge CompIiance/Enforcement
JP/tw
cc: Wilmington Regional Office
Enforcement File: DD 96-030
Central Files .
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
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State of North Carolina --
Department of Environment, 1
Health and Natural Resources JAN 0 5 �001
Division of Water Quality I---� Nr.
L--- .
James B. Hunt, Jr., Governor DJ E N R
Bill Holman, Secretary
Kerr T. Stevens, Director
January 4, 2001
MR MAJOR MURRAY
MAJOR MURRAY SWINE FARM
399 RIVER ROAD
WALLACE NC 28466
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DD 96-030
Duplin County
Dear Mr. Murray:
This letter is to acknowledge receipt of your check No. 0908 in the amount of S200.00
received on January 4, 2001.
You have paid S1,600A0 toward the subject assessment. Payment of these penalties in
no way precludes further action by this Division for future violations of the State's
environmental laws -
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/tw
cc: Wilmington Regional Office
Enforcement Files DD 96-030
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Major Murray
399 River Road
Wallace, NC 28466
Dear Mr. Murray:
kyWA
1 • •
NCDENR
NORTH CARoumA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 16, 1999
RE: Payment Schedule for Civil Penalty,
Case #: DD 96-030
Farm #: 31-593
Duplin County
You have requested a schedule for making payment toward the $4.456,35 civil penalty
assessed by the Director of the Division of Water Quality on September 8, 1997. The Department
is agreeable to entering into an agreement with you through which regular payments will be made
beginning April 1, 1999 and continuing through October 1, 2002. You agree that beginning
October 1, 1999 and continuing to July 1, 202, to pay three hundred dollars each month and by
October 1, 2002 to pay the remaining balance two hundred fifty six dollars and thirty five
cents($256.35). You should make the payments by checks made payable to the Department of
Environment and Natural Resources and mail them so they are received by the due date listed on
the attached schedule.
Failure to make the monthly payments in accord with this schedule of payment will cause
the entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in the superior court.
Your maijigg �nvrlope should be addressed as follows:
Attn: Shannon L PY .
Department of Environment and Natural Resources
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]

If you agree with the terms of the schedule of payments, you should indicate your
acceptance by signing the attached civil penalty assessment payment schedule in the space
provided and returning the signed copy with the first payment.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
cc: Enforcement File DD 96-030
Wilmington Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]

CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
Major Murray Swine Farm
DD 96-030
Farm #: 31-593
On September 8, 1997, the Director, Division of Water Quality (DWQ), assessed a civil penalty
assessment in the amount of $4,456,35, including $456.35 in investigative costs, against the Major Murray
for discharging animal waste into the waters of the State. After the Director considered Mr. Murrays
remission request, the Division received a request from Major Murray for a payment schedule.
In order to resolve this matter, DWQ and Major Murray agree to enter into a payment schedule to
settle the above -described civil penalty for the violations contained in the assessment document. Major
Murray agrees to pay the civil assessment of $4,456.35 as per the terms below as full settlement of Case
No. DD 96-030 and understands that any default in payment or failure to submit payment by the day of the
month in which payment is due will result in the immediate referral of this case to the Attorney General's
Office for collection through the courts. Major Murray also acknowledges that DWQ reserves the right to
take enforcement action against the Major Murray for future violations within its authority should they
occur.
PAYMENT AMOUNT
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 256.35
$4,456.35
DATE DUE
04/01 /99
07/01/99
10/01/99
01/01 /2000
04/01/2000
07/01/2000
10/01/2000
01/01/2001
04/01/2001
07/01/2001
10/01 /2001
01/01/2002
04/01/2002
07/01/2002
10/01/2002
DATE PAID
Payments should be by check payable to "NL C Dept. of ENR" and should be submitted to the attention of
Mr. Shannon Langley at the address below:
Department of Environment and Natural Resources
Division of Water Quality
P.O. Box 29535
Raleigh.. North Carolina 27626-0535
Major Murray
A. Preston Howard, Jr. P. E.
Director, Division of Water Quality
Date
Date

State of North Carolina
Department of Enviro FECEIVED
and Natural Resources •
Division of Water Quality JAN 0 7 1998
BY:
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
A. Preston Howard, Jr., P.E., Director NORTH{ CAROLINA DEPARTMENT OF
January 4, 1961VIRONMENT AND NEURAL RESOURCES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Major Murray
Major Murray Swine Farm
399 River Road
Wallace, NC 28466
Subject: Request for Remission of
Civil Penalty Assessment
Major Murray Swine Farm
Farm #: 31-593
DD 96-030
Dear Mr. Murray:
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and have not found grounds to modify the assessment of
$4,456.35. However, I am agreeable to allowing you to pay this penalty over a period of several
years. To explore this option further, please contact Mr. Shannon Langley at [phone] ext.
581 within 30 days of your receipt of this letter.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the committee and Division Staff will argue for full
payment of the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter. Your request will be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
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Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sincerely,
/�/ �01 0 - /- ai
A. Preston Howard, Jr., P.E.
cc: DWQ Wilmington Regional -Office. Supervisor
Enforcement File DD 98-004
Central Files

State of North CarolinaLT. WY
Department of Environmen RECEIVED • •
Health and Natural Resources
Division of Water Quality OCT 10 1997
James B. Hunt, Jr., Governor BY: E H N F1
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 8, 1997
Attn.: Major Murray
Major Murray Swine Farm
399 River Road
Wallace, NC 28466
Subject: Remission Request of
Civil Penalty Assessment
Major Murray Swine Farm
Duplin County
DD 96-030
Dear Mr. Murray:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
Dennis R. Ramsey, Assis t C
Non -Discharge Branch
cc: —Wigton-RegionalyOffice w/afta
File DD 96-030
Shannon Langley w/3 attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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CARROLUS FOODS, INC.
P. O. Drawer 856
WARSAW, NORTH CAROLINA 28398
September 26, 1997 jj �f
v444
OCT o 6 1997
Mr. Steve W. Tedder jj''++
Water Quality Section Chief/DWQ �.1 � ,i Ll►ty Cry QUALITY
P O Box 29535 � y i . SECTIQ jv
Raleigh, NC 27626-0535
Re: Assessment of Civil Penalty
Major Murray Farm NIA {aL1A e �scn
DWQ Farm #31-593O�AiS�h��
DWQ Farm ##DD 96-030
Dear Mr. Tedder:
I am writing to request remission of the civil penalty assessed against me in the attached letter from DEHNR
dated September 10, 1997. I make this request pursuant to paragraph 2.(G) and 2.(C) of the attached letter.
I believe the amount of the fine is unreasonable for two reasons:
1. The violation was abated as soon as I became aware of the discharge. I was not at the farm when the
discharge began but became aware of the problem when I returned to the farm after lunch at my home. The
discharge was stopped that same afternoon (July 19, 1996). I hired a backhoe operator to immediately
contain the waste stream leaving the barn, dig a small hole where we collected the spilled wastewater, and
rented a pump to pump the wastewater back into the lagoon. All of these actions were taken on the
afternoon of July 19'b. The break in the bush pipe was capped and sealed so that no further discharge would
occur, this also was done on July 19t'.
As soon as I could locate contractors I made permanent changes to the piping system so as to prevent any
reoccurrence of the discharge incident. I replaced the broken pipes and built a permanent clean out point so
that in the future any obstruction in my flush Iine cannot result in a reoccurrence of this accident. The cost of
repairs and improvements were approximately $650.00. All of these repairs were completed by August 9,
1996 and I have had no further problems with my discharge lines.
2. The discharge that occurred at my farm on July 19, 1996 was an accident caused by an obstruction in my
discharge pipe. This was not a case of chronic discharge or negligence on my part. As stated above I have
spent the money necessary to insure that such an incident cannot reoccur in the same fashion as the one on
July 19, 1996.
For what it's worth, I am retired and my only income is approximately $600.00 in pension and the income from
my two 620 head finishing barns. I don't have $4,400.00 to pay this penalty with. I trust that you will give
serious and careful consideration to my request.
Sincerely,
r
Major Murray
Attachments
MM/cs

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
r COMMISSION
COUNTY OF _ � z e,� t � �
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. } STIPULATION OF FACTS
FiiE NO. � � . ` 6 - D3 D
Having been assessed civil penalties totalling L4 3 S for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, r�,c � � 10, ..l q q � . 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 &AI &A dory-e i 93J.
-.67: M-1
�.
ADDRESS
TELEPHONE
q l o- *�'V5 k 113

State of North Carolina
Department of Environment, •
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor H
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
September 10, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Major. -Murray
Major,Murray Farm
399 River Road
Wallace, North Carolina 28466
SUBJECT: Assessment of Civil
Penalties for VioIation(s) of 15A
NCAC 2H .0217
Duplin County
Farm #: 31-593
File No. DD 96-030
Dear Mr. Murray:
This letter transmits notice of a civil penalty assessed against Major Murray in the amount
of $4,456.35 including $456.35 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 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, Health, 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 -
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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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 wmngfullyapplied 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 W_ Tedder
Water Quality Section ChiefIDWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
KO
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 Genial Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thiM clays, 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. Shannon Langley at [phone],
extension 581.
Sincerely,
Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Wilmington Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments
0

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DUPLIN
File No. DD 96-030
IN THE MATTER OF )
MAJOR MURRAY )
FINDINGS AND DECISION
FOR A VIOLATION OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard; Jr., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Major Murray operates a swine operation located along NCSR 1940, in D.uplin
County, North Carolina
B . Major Murray was deemed permitted on February 1, 1993, in accordance with 15A
NCAC 2H .0217 (c).
C. On July 19, 1996, DWQ staff observed a discharge of wastewater from Major Murray
Farm's wastewater collection system entering an unnamed tributary and flowing into
Rockfish Creek which are considered Class "C-Swamp" Waters of the State andare
within the Cape Fear River Basin.
D. Major Murray had no valid permit for the above described activity.
E. The costs to the State of the enforcement procedures in this matter totaled $456.35.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Major Murray is a "person" within the meaning of G.S.143-215.6A and G.S. 143-
212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributary to Rockfish Creek constitutes waters of the State within the
meaning of G.S. 143-215.1(a)(1) and G.S. 143-212(6)..
D. The above -cited discharge is a violation of the nondischarge permit.
E. Major Murray may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand

dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Major Murray
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h), 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, Major Murray,is hereby assessed a.civil penalty of:
for discharging waste to the waters of the State in violation of
15A NCAC 211.0217.
$ �O7llI - dy TOTAL CIVIL PENALTY, which is �/a percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
$may 3 3- TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S .143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(D ) A. Preston Howard, Jr., P.E., Director
Division of Water Quality

OPERATIONS BRANCH - WO Fax:[phone]
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B- Hunt, Jr., Governor
Wayne yZcDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Sep 4 '98 10:42 P•01/02
4
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i
WATER QUALITY SEC17011
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PHONE: [phone], extersio❑ 581
FAX NT• UMBER: [phone]
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OPFRRT IONS BRF NCH - WO Fait ' 919-715 6048 Sep 4 ' 98 10: 43 P. 02/02
DIVISION OF WASTE MANAGEMENT
UST SECTION
August 31, 1998
To: Shmmon Langley � �x ; ER ��p,� n SEC1144
Division of water Quality -�
From: roe Hudson
Subject. keview of Major Murray's financial Information
Ability to Fay a $4,456.35 Civil Penalty
Duplin County
Based on the Iudipay Computer Model's review of Major Murray"s faMcial
information, it appears that he does not have the financial means to -pay a
54,456.35 civil penalty at this time_ This conclusifllt.wafireached by the model's
ability to pay scenarios as follows:
ABILITY TO PAY SCENARIO 1: CASH FLOW
The model is viable to,calclte a contribution 6orn'das.4 flow because Mr.
Murray's current IMN expenses exceed his ►score.; Mr Mwra ! cannot And a.
civil penalty using Ca5�1 flow, 4' `
ABILITY TO PAY SCENARIO 2: LOANS FROM CO."PIS GENAEItS
x The model is unable to calculate i contribution ring additional debt capacity
because Mr. Murray's current debt capacity al�rcady�cxcccds 36°Ja of l�Is ldcome.
Mt. Murray cannot fund a civil pca4ty by assuming additi final deft.`
I trust that the above information is suffeieAt l'ar yob tg proceed with N�
Murray's remission request,
If you have any questions, please contact ine at [phone].

I
State of North Carolina
Department of Environmen7JUL:O
IV-
and Natural Resources
Division of Water Quality 2 998gJames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
.July 1, 1998
CERTIFIED MAIL
RETURN RECEIPT_ REQUESTED
Major Murray
399 River Road
Wallace, North Carolina 28466
SUBJECT: Request for Financial
Information
File No. DD 96-030
Farm #: 31-593
Duplin County
Dear Mr. Murray:
On June 2, 1998, the Division of Water Quality (DWQ) received financial
information from you with regard tc payment of the civil penalty assessed in the subject
case. Thank you for your prompt submission of this information. A review of that
information has been conducted by DWQ staff using a computer model. The model
concluded that your finances were complex and required more information to be
obtained before a decision could he reached.
Please fill out the enclosed Financial Data Request Form completely and return
it to Mr. Shannon Langley at the letterhead address within thirty (30) days from your
receipt of this letter. If you should have any questions about the financial information
requested, please contact Mr. Langley at [phone] ext. 581.
Sincerely,
Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
ATTACHMENT
cc: Rick Shiver - Regional Water Quality Supervisor
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

INDIVIDUAL ABILITY TO PAY CLAIM
Financial Data Request Form
This form requests information regarding your financial status. The data will be used to evaluate your ability to pay for
environmental clean-up or penalties. If there is not enough space for your answers, please use additional sheets of paper.
Note'that we may request further documentation of any of your responses. We welcome any other information you wish
to provide supporting your case, particularly if you feel your situation is not adequately described through the
information requested here.
Certification
Under penalties of perjury, I declare that this statement of assets, liabilities, and other information is true, correct, and
complete to the best of my knowledge and belief. I further understand that I will be subject to prosecution by the
Environmental Protection Agency to the fullest extent possible under the law should I provide any information that is not
true, correct, and complete to the best of my knowledge.
Signature Date

1. MEMBERS OF HOUSEHOLD (List the head of the household and all persons living with you)
Relationship to Head Currently
Age Name of Household Employed?
2. EMPLOYMENT (List all jobs held by persons in household)
3. INCOME (List all income earned by persons in household. If members of the household other than the
applicant and spouse earn income, please itemize on separate page.
Gross (Pre -Tax)
Period of Payment (check one)
!9ource I
Applicant I Spouse I Weekly [Monthly Quarterly? Yearly j
Vages/Salaries
Sales Commissions
Investment Income (interest,
dividends, capital gains, etc.)
t
-Net Business Income
Rental Income
i Retirement Income
;(Pension, Social Security, etc.)
t
:Child Support
,Alimony
,Odier income
(please itemize)
2

PART 11. CURRENT LIVING EXPENSES
Please list personal living expenses which were typical during the last year and indicate if any of these values are likely
to change significantly in the current year. Please do not include business expenses- If you are the owner of an operating
business, please attach any available financial statements.
Period of Payment (check one)
Expense I Amount
Weekly. -'I Monthly
Quarterly I
Yearly
A. Living Expenses
Ll—.Rent
1 2. Home maintenance
3. Auto fuel maint./other transp.
4. Utilities
a. Fuel (gii,-o-if,-w-ood,propane)
b. Electric
c. Water sewer
i d.. Telephone
5.Food
G. Clothing, personal care
7. Medical costs
B. Insurance
1. HousehoFd insurance
2. Life insurance
3. Automobile insurance
4. Medical insurance
C. Debt Payments
1. Mortgage payments
2. Car payments
3. Credit card payments
4. Educational loan payments
5. Other (itemize on separate page if necessary)
i D. Taxes
1. Property taxes
2. FRe -ral income taxes F
3. State income taxes
4. FICA
Other Expenses
1. Childcare
2. Current Schoo 1-tuition/expenses
3. Legal or professional services
4. Other (itemize on separate page if necessary)

PART III. NET WORTH
Please provide the following information to the best of your ability. Data should be as current as possible. Estimates are
acceptable. Please note such items with an "E."
If you are the sole proprietor of a business, please list business assets and liabilities, in addition to personal assets and
liabilities. Please mark these entries with a "B" to identify them as business assets and liabilities.
1. BANK ACCOUNTS (Checking, NOW, Savings, Money Market, CDs, etc.)
2. ENVESTMENTS (Stocks, Bonds, Mutual Funds, Options, Futures, Real Estate
Investment Trusts (REM, etc.)
3. RETIREMENT FUNDS AND ACCOUNTS (IRA, 401(k), Keough, vested interest in
company retirement fund, etc.)
t

4. LIFE INSURANCE POLICIES (Whole Life, Universal Life, etc.)
5a. VEHICLES USED FOR COMMUTING PURPOSES (Cars, Trucks, Motorcycles, etc.
Only list up to two vehicles used for commuting purposes.)
5b. OTHER VEHICLES (Cars, Trucks, Motorcycles, Recreational Vehicles,.Motor Homes, Boats, Airplanes, etc.)
6. VEHICLE LOANS (Cars, Trucks, Motorcycles, Recreation Vehicles, Motor Homes, Boats, Airplanes, etc.)
j I Start.End
Vehicle (Model and Year) Owed To l Balance Due 1 Date Date
� I
7a. REAL ESTATE — PRIMARY RESIDENCE (Home — List only one such residence)
5

7b. OTHER REAL ESTATE (Land, Buildings, Land with Buildings)
Location Description of Property i Estirrtated llarlcet Value
S. MORTGAGES AND REAL ESTATE LOANS
i Property Secured' Balance I Start End
Type of Loan Owed To ' Against I Due Date = Date
I � F
I
i
I �
9. PERSONAL PROPERTY (Household Goods and Furniture, Jewelry, Art, Antiques,
Collections, Precious Metals, etc. Only list items with a value greater than 5500.00)
Type of Property ; Estimated Market Value
E
I
i
E
10. FURNITURE AND HOUSEHOLD GOODS LOANS

11. OTHER ASSETS
Type of Asset jEstimated Market Value
12. CREDIT CARDS AND LINES OF CREDIT
13. OTHER DEBT (Amounts due to individuals, Fixed obligations, Taxes Owed, Overdue Alimony or Child
Support, etc.)
Type of Debt
Owed To Balance Due
tart
Date
En
Date
s�
kE1
7

PART IV. ADDITIONAL L iFORIMATION
Please respond to the following questions. For any question that you answer "yes," please provide additional information
on separate pages or at the bottom of this page.
QUESTION 1 YES NO i
1. Do you have any reason to believe that your financial situation will change during the next year? t
:2. Are you currently selling or purchasing any real estate?
,�. is anyone (or any entity) holding real or personal property on your behalf (e.a. a trust)? i
4. Are you a parry in any pending lawsuit? i I
5. Have any of your Selongings been repossessed in the last three years? j I
6. Are you a Trustee, Executor, or Administrator?
7. Are you a participant or beneficiary of an estate or profit sharing plan? i
8. Have you declared bankruptcy in the last seven years?
`9. Do you receive any type ofederal aid or public assistance?

� t
&J-4\,q,"SLW
State of North
MICHAEL F. EASLEY Department of
ATMRNEY GENERAL P. O. BOX 629
RALEIGH
27602.0629
March 25, 1998
MAR 27 1998
;olina
0: Francis W_ Crawley
rvironmental Division
19) 716-6600
19) 716-6767
Mr. Major Murray CERTIFIED MAIL
Major Murray Farm RETURN RECEIPT REQUESTED
399 River Road
Wallace, North Carolina 28466
RE: Assessment of Civil Penalties Against Major Murray
DD 96-030 Duplin County
Dear Mr. Murray:
You will find enclosed the Decision of the Remission Committee of the Environmental
Management Commission remanding your request for remission back to the Director for further
consideration.
�. Accordingly, you must submit any evidence and documentation in support of your request for
reduction of the penalty to the Director of the Division of Water Quality as soon as reasonably possible.
If the civil penalty is not settled or compormised upon the Directors review of your additional
tvti�i4- .
' submission, the case will come .again before the Committee on Remissions for final decision. Your
evidence and documentation should be mailed to the following address:
Robert Sledge
Water Quality Section
P. O. Box 29535
Raleigh, North Carolina 27626-0535
' FWC/so
Enclosure
cc: Robert Sledge
23657
Very truly yours,
Francis W. Crawley
Special Deputy Attorney General
Commission Counsel
I�
�J

STATE OF NORTH CAROLINA BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF DUPLIN DD 96-030
IN THE MATTER OF: )
Assessment of Civil Penalties ) ORDER M 1998
Against ;k AL rlA
MAJOR MURRAY T'
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on March 12, 1998, upon recommendation of the Director of the Division of Water Quality for
entry of a final decision on the assessment of civil penalties and investigation costs against -Major
Murray in the amount of $4;456.35.
Major Murray requested remission and submitted a signed Waiver of Right to an
Administrative Hearing and Stipulation of Facts as required by statute. In addition to the
Waiver of Right and Stipulation form, Major Murray submitted a written explanation of the
cause of "the waste discharge to Rockfish Creek and his efforts to make repairs and
improvements. Before the Committee on Civil Penalty Remissions, Major Murray sought relief
from the civil penalty based upon his financial status and alleged inability to pay any penalty due
to recent hospitalization and inability to work on his farm. Major Murray did not present
evidence or documentation to support his request for relief from the civil penalty to the Director
as required by the remission statute and Commission's Internal Operating Procedures.

2
Upon duly made motion and vote, the Committee on civil penalty Remissions found and
determined Major Murray should be given the opportunity to present evidence and
documentation in support of his request for relief to the Director of the Division of Water Quality
for consideration prior to coming before the Committee.
THEREFORE, IT IS ORDERED that the Request for Remission of Civil Penalties by
Major Murray is referred to the Director, Division of Water Quality for consideration of any
evidence and documentation Major Murray may present to support the request for remission of
civil penalties.
Upon the Director's consideration of evidence and documents submitted and his decision
on the request for remission, this matter, if not compromised or settled, shall be scheduled before
the Committee on Civil Penalty Remissions, with proper notice to Major Murray, for final
agency decision.
This the Zf yfay of March, 1998.
David . Moreau, Cliairman
Environmental Management Commission

3
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing ORDER on the
parties listed below by the methods indicated:
Major Murray
Major Murray Farm
399 River Road
Wallace, North Carolina 28466
Rick Shiver
Regional Supervisor
Wilmington Regional Office
Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
This the ? day of March, 1998
23527
CERTIFIED MAIL
RETURN RECEIPT
U.S. MAIL
MICHAEL F. EASLEY
Attorney General
ul. W,
Francis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
R.O. Box 629
Raleigh, North Carolina 27602-0629
[phone]

AGENDA ITEM: d ' Request for Remission of Civil Penaltv by
Major Murray (DD 96-03.0�
Duylin County
EXPLANATION: On September 8, 1997, the Director, Division of
Water Quality assessed a civil penalty of $4,456.35
($4,000.00 civil penalty and $456.35 investigative
costs) against Maior Murrav for violations of 15A
NCAC 2H .0217 and discharging waste to waters of
the State. The civil penalty assessment represents
40 percent of the maximum allowed by G.S. 143-
215.6A.
On September 29, 1997, Major Murrav requested
remission and waived Maior Murrays' right to an
administrative hearing and stipulated that the facts
were as alleged in the assessment document.
RECOMMENDATION: The Division of Water Quality opposes any
remission or mitigation of the penalty.
-� The recommendation is made for the following
reason:
1. The Director considered information
submitted in support of Major Murrays'
request for remission of civil penalties in
accordance with G.S. 143-215.6A(f) and his
delegation under G.S. 143-215.6A(h) and
did not find grounds to modify the
assessment.
/� 3

Sid#., of North Carolina
' Department of Environment, 174
Health and Natural Resources
Division of Water Quality
Jaynes B. Hunt, Jr., Governor ED FE
FIx
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director'
September 10, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Major -Murray
Major Murray Farm
399 River Road
Wallace, North Carolina 28466
SUBJECT: Assessment of Civil
Penalties for Violation(s) of 15A
NCAC 2H .0217
Duplin County
Farm #: 31-593
File No. DD 96-030
Dear Mr. Murray:
This letter transmits notice of a civil penalty assessed against Major Murray in the amount
of $4,456.35 including $456.35 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 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 thirtv 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, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new'violatian{s}.
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleiah, North Carolina 27626-0535
OR
�G� r
P.O. Box 29535, Raleigh, North Carolina 27636-0- 5 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 5017a recvcled/10% post -consumer paper

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 W. Tedder
Water Quality Section Chief./DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
•o
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 Qriginal petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611
/c S

,
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. Shannon Langley at [phone],
extension 581.
Sincerely,
lqrA. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Wilminb on Regional Supervisor.w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer Wattachments
/D6

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, . 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 _ _ I9_
SIGNATURE
ADDRESS.
TELEPHONE
/P

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
MAJOR MURRAY
FOR A VIOLATION OF PERMIT
15A NCAC 211.0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-030
)
FINDINGS AND DECISION
AND ASSESSMENT OF
... CIVIL PENALTIES ..
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Major Murray operates a swine operation located along NCSR 1940, in Duplin
County, North Carolina
B . Major Murray was deemed permitted on February 1, 1993, in accordance with 15A
NCAC 2H .0217 (c).
C. On July 19, 1996, DWQ staff observed a discharge of wastewater from Major Murray
CP
Farm's wastewater collection system entering an unnamed tributary and flowing into
Rockfish Creek which are considered Class "C-Swamp" Waters of the State and are
within the Cape Fear River Basin.
D. Major Murray had no valid permit for the above described activity.
E. The costs to the State of the enforcement procedures in this matter totaled $456.35.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Major Murray is a "person" within the meaning of G.S.143-215.6A and G.S. 143-
212(4).
- B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 aud'G.S. 143-215.1.
C . The unnamed tributary to Rockfish Creek constitutes waters of the State within the
meaning of G.S. 143-215.1(a)(1) and G.S. 143-212(6)..
D. The above -cited discharge is a violation of the nondischarge permit.
E. Major Murray may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
f6 F

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 8, 1997
Attn.: Major Murray
Major Murray Swine Farm
399 River Road
Wallace, NC 28466
Subject: Remission Request of
Civil Penalty Assessment
Major Murray Swine Farm
Duplin County
DD 96-030
Dear Mr. Murray:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decisioa is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext 581.
Sincerely,
Dennis R. Ramsey, Assis t C
Non -Discharge Branch
cc: Wilmington Regional Office w/attachments
ADD 96-030 --
Shannon Langley w/3 attachments
(07
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10T. post -consumer paper

September 26, 1997
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P O Box 29535.
Raleigh, NC 27626-0535
Re: Assessment of Civil Penalty
Major Murray Farm
DWQ Farm #31-593
DWQ Farm ##DD 96-030
Dear Mr. Tedder:
;;Y-4a�
qU�,
1
CARROLL'S FOODS, INC.
P. O. Drawer 856
WARSAW, NORTH CAROLINA 28398
OCS 19911
W Pvia�� Usch 98 Btan�h
OCT 0 6 1997
1rvy I erl QUALITY
SEGTlOt4
I am writing to request remission of the civil penalty assessed against me in the attached letter from DEIM
dated September 10, 1997. I make this request pursuant to paragraph 2.(G) and 2.(C) of the attached letter.
I believe the amount of the fine is unreasonable for two reasons:
The violation was abated as soon as I became aware of the discharge. I was not at the farm when the
discharge began but became aware of the problem when I returned to the farm after lunch at my home. The
discharge was stopped that same afternoon (July 19, 1996). 1 hired a backhoe operator to immediately
contain the waste stream leaving the barn, dig a small hole where we collected the spilled wastewater, and
rented a pump to pump the wastewater back into the lagoon. All of these actions were taken on the
afternoon of July 19`s. The break in the flush pipe was capped and sealed so that no further discharge would
occur, this also was done on July 19`s.
As soon as I could locate contractors I made permanent changes to the piping system so as to prevent any
reoccurrence of the discharge incident. I replaced the broken pipes and built a permanent clean out point so
that in the future any obstruction in my flush line cannot result in a reoccurrence of this accident. The cost of
repairs and improvements were approximately $650.00. All of these repairs were completed by August 9,
I996 and I have had no further problems with my discharge lines.
2. The discharge that occurred at my farm on July 19, 1996 was an accident caused by an obstruction in my
discharge pipe. This was not a case of chronic discharge or negligence on my part. As stated above I have
spent the money necessary to insure that such an incident cannot reoccur in the same fashion as the one on
July 19, 1996.
For what it's worth, I am retired and my only income is approximately $600.00 in pension and the income from
my two 620 head finishing barns. I don't have $4,400.00 to pay this penalty with. I trust that you will give
serious and careful consideration to my request.
Sincerely,
Major Murray
Attachments
MM/cs /�L7

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COUNTY OF�tj:Atk"1jCOMMISSION
IN THE MATTER OF ASSESSMENT ') WAIVER OF RIGHT TO AN
OF CIVIL, PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. } STIPULATION OF FACTS
FILE NO. -D 1j 9 k - O t)
Having been assessed civil penalties totalling • 3 , for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, S 10, the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative }gearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the �S E 4w�- , c�� - - , 193J.
T'Sl[-G--N- AtAff
0�'_
1 - � �' f ! T a.
TELEPHONE
Cll fl- 193 -

State of North Carolina
Department of Environment,
&r441i
Fi2
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor p E H N F=?L
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
September 10, 1997
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Mr. Major. Murray
Major Murray Farm
399 River Road
Wallace, North Carolina 28466
SUBJECT: Assessment of Civil
Penalties for Violation(s) of 15A
NCAC ZH .0217
Duplin County
Farm #:31-593
File No. DD 96-030
Dear Mr. Murray:
This letter transmits notice of a civil penalty assessed against Major Murray in the amount
of $4,456.35 including $456.35 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 pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, 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:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
1/ 2-
P.D. Box 2953=, Raleigh, North Carolina 27626-0535 Telephone 9I9-733-5083 Fax [phone]
An Equal Opportunity Affirmative Action Fmpioyer 50% recycled/10% post -consumer paper

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 W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
M
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 Ariginal petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611
//

Failure to exercise one of the options above within thim 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 Cnneral'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. Shannon Langley at [phone],
extension 581.
Sincerely,
/qrA- Preston Howard, Jr_, P.E.
ATTACHMENTS
cc: Wilmington Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments
/i�

STATE OF NORTH CAROLINA NORTH CAROLINA
COUNTY OF DUPLIN ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-030
IN THE MATTER OF
MAJOR MURRAY j
}
FOR A VIOLATION OF PERMIT } FINDINGS AND DECISION
15A NCAC 2H .0217 ) AND ASSESSMENT OF
} CAM PENALTIES
Actin; pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., Director of the Division of Water Quality (DWQ), make the following:
1. FINDINGS OF FACT:
A. Major Murray operates a swine operation located along NCSR 1940, in Duplin
County, North Carolina
B . Major Murray was deemed permitted on February 1, 1993, in accordance with 15A
NCAC 2H .0217 (c).
C. On July 19, 1996, DWQ staff observed a discharge of wastewater from Major Murray
Farm's wastewater collection system entering an unnamed tributary and flowing into
Rockfish Creek which are considered Class "C-Swamp" Waters of the State and are
within the Cape Fear River Basin.
D. Major Murray had no valid permit for the above described activity.
E. The costs to the State of the enforcement procedures in this matter totaled $456.35.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Major Murray is a "person" within the meaning of G_S.143-215.6A and G.S. 143-
212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1_
C. The unnamed tributary to Roclfish Creek constitutes waters of the State within the
meaning of G.S. 143-215.1(a)(1) and G.S. 143-212(6)..
D. The above -cited discharge is a violation of the nondischarge permit.
E. Major Murray may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand

dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Major Murray
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h), 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, Major Murray is hereby assessed a civil penalty of:
$_ !�?Ara-y• d`0 , for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217.
TOTAL CIVIL PENALTY, which is � percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ ��� • 3 Enforcement costs
$ ZS. - ,3 r TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.i(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
C
(D e) A. Preston Howard, Jr., P.E., Director
Division of Water Quality

r S Late of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
January 7, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Major Murray
Major Murray Swine Farm
399 River Road
Wallace, NC 28466
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-2I5.6A(f)
Major Murray Swine Farm
Duphn County
Facility #: 31-593
DD 96-030
Dear Mr. Murray:
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not
found grounds to modify the assessment of $4,456.35
Should you choose to pay the penalty, you may tender payment to me at the letterhead
address within 30 days of your receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. The
committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for fu3l payment
of the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter_ Your request will be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
P.O. Sox 29535, Raleiah, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] Fax [phone]
50°10 recycled/10%a post -consumer paper
/�7

Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel iiee to contact Shannon ianJiey at (717) i33-5v$3, a �eu5iou 581.
Sincerely,
A Preston Howard,
cc: DWQ Regional Office
Enforcement file

° State of North Carolina
Department of Environment
and Natural ResourcegRECEI ED:MAR 4 ik
•
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary N
A. Preston Howard, Jr., P.E., Director
February 27, 1998
CERTIFIED MAIL
RETURN RECEIPT REQLMSTED
Mr. Major Murray
Major Murray Farm
399 River Road
Wallace, NC 28466
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N. C. G. S. 143-215.6A(f)
File Number DD 96-030
Facility #: 31-593
Duplin County
Dear Mr. Murray:
Your request for remission has been placed on the agenda for the March 12, 1998,
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Ground Floor
Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North
Carolina (see enclosed map). You should arrive no later than 11:00 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongly 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 the 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.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining necessary remedial actions.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Page 2
February 27, 1998
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please call Shannon Langley,of our staff, at [phone], ext.581.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: 93WQ:R6&naL"Offtc ej
Enforcement File
Central Files

.s
.s
r
State of North Carolina
Department of Environment,
Health and Natural Resource
Division of Water Quality I
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E.,
CERTIFIED MAIL
RETURN RECEIPT RE!UESTED
Attn: Major Murray
Major Murray Swine Farm
399 River Road
Wallace, NC 28466
Dear Mr. Murray:
MAI
ECEIVE ,�` •
JAN 0 9 1998
EHNR
January 7, 1998
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Major Murray Swine Farm
Duplin County
Facility #: 31-593
DD 96-030
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not
found grounds to modify the assessment of $4,456.35
Should you choose to pay the penalty, you may tender payment to me at the letterhead
address within 30 days of your receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. The
committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for frill payment
of the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter. Your request will be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper

... Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sincerely,
10 A. LPrestonHoward,
cc: -DWQ Regional Office
Enforcement file

State of North CarolinaUnpCEIVED ` .
Department of Environm
Y —hnd Natural Resources APR 3 0 1998
Division of Water Quality
BY:
James B. Hunt, Jr., Governor CDENR
Jonathan B. Hawes, Secretary NORTH CAROUNA DEPARTMENT OF
A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NATURAL RESOURCES
April 22, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Major Murray
399 River Road
Wallace, North Carolina 28466
SUBJECT: Request for Financial
Information
File No. DD 96-030
Farm #: 31-593
Duplin County
Dear Mr. Murray:
During the recent EMC Civil Penalty Remission Committee meeting, the
Committee remanded your remission requests back to the Director of the Division of
Water Quality for further consideration.
In reviewing your request, the Division of Water Quality requests that you
supply written financial information to substantiate your claim of inability to pay. It is
requested that the following information be submitted:
(a) Complete copies of state and federal personal income tax returns prepared
for the last three (3) tax years (including returns for all States in which an
income tax return was filed);
(b) Complete copy of the North Carolina Intangible Personal Property Tax
Return for the most recent year;
(c) complete copies of all real and personal property tax records (including
records filed in all counties within North Carolina and other States);
(d) Complete both pages of the attached financial statement; and
(e) itemization of insurance expenditures listed in Schedule C of the tax returns
required in item (a) above_ The itemization of insurance expenditures shall
include, for each policy: a brief description of the type of coverage; name,
F.O. Box 29535, Raleigh, North Carolina 27626-0536 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

address and phone number of the insurance company or agent; and the policy
identification number.
(f) Receipts for any work done to upgrade and improve your waste
management system since the discharge was observed at your farm on July 19,
1996.
This information will be used to evaluate your claim of insufficient financial
reserves and your inability to pay the civil penalty assessed against you. If the property
concerning this remission request is owned by a corporation or something other than by
you personally, you need to contact our office so that we may send you the appropriate
forms.
Please submit the requested information within thirty (30) days from your
receipt of this letter. If you should have any questions about the financial information
requested, please contact Mr. Shannon Langley at [phone] ext. 581.
Sincerel
Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
ATTACHMENT
cc: Rick Shiver - Regional Water Quality Supervisor
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina _------
Department of Environment;- Ld
Health and. Natural Resources S,p 1 2 1997
Division of Water Quality iI
James B. Hunt, Jr Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
September 10, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Major.Murray
Major Murray Farm
399 River Road
Wallace, North Carolina 28466
Dear Mr. Murray:
LT, 4
�EHNR
SUBJECT: Assessment of Civil
Penalties for Violation(s) of 15A
NCAC 2H .0217 -
Duplin County
Farm #: 31-593
File No. DD 96-030
This letter transmits notice of a civil penalty assessed against Major Murray in the amount
of $4,456.35 including $456.35 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 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, Health, 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:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality'
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10*-7c post -consumer paper

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 W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
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 priginal petition with the:
Office of Administrative Hearings -
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within Lhia 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 Ievied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
q,-A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Wilymigton-Regional_Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , 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 , 19____...
SIGNATURE
U9 \ _ . v
TELEPHONE

STATE OF NORTH CAROLINA
1616181�W M`dri B 11
IN THE MATTER OF
MAJOR MURRAY
FOR A VIOLATION OF PERMIT
15A NCAC 2H .0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-030
}
}
}
} FINDINGS AND DECISION
} AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston .
Howard, Jr., Director of the Division of Water Quality (DWQ), make the following:
I . FINDINGS OF FACT:
A. Major Murray operates a swine operation located along NCSR 1940, in Duplin
County, North Carolina
B. Major Murray was deemed permitted on February 1, 1993, in accordance. with 15A
NCAC 2H .0217 (c).
C. On July 19, 1996, DWQ staff observed a discharge of wastewater from Major Murray
Farm's wastewater collection system entering an unnamed tributary and flowing into
Rockfish Creek which are considered Class "C-Swamp" Waters of the State and are
within the Cape Fear River Basin.
D. Major Murray had no valid permit for the above described activity.
E. The costs to the State of the enforcement procedures in this matter totaled $456.35.
Based upon the above Findings of Fact, I make the following:
-II.. CONCLUSIONS OF LAW:
A. ` Major Murray is a "person"within the meaning of G.S.143-215.6A and G.S. 143- 1
212(4).
B . A permit for this animal waste management system is required in accordance with 15A
. . NCAC 2H .0217 and G.S.-143-215.1.
C. The unnamed tributary to Rockfish Creek constitutes waters of the State within the
meaning of G.S. 143-215.1(a)(1) and G.S. 143-212(6)..
D. The above -cited discharge is a violation of the nondischarge permit.
E. Major Murray may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand

dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Major Murray
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h), 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, Major Murray is hereby assessed a civil penalty of: ,
$ for discharging waste to the waters of the State in violation of
15A NCAC 211.0217.
$ �O?!L • *W TOTAL CIVIL PENALTY, which is qa percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ �,Sry • 3 Enforcement costs
$ �y,3Z • 3 X' TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the -public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
C
(D ) A. Preston Howard, Jr., P.E., Director
Division of Water Quality

{,s SWE o-
V
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes
Governor Water Quality Section Secretary
November 18, 1996
MEMORANDUM
TO: Bob Sledge, Environmental Supervisor
Water Quality - Compliance
FROM: Rick Shiver, Regional Supervisor lZ SS
Wilmington Regional Office
SUBJECT: Notice of Violation
Major Murray Farm
Facility Number: 31-593
399 River Road
Duplin County
Attached please find the subject notice of violation which was prepared by Mr. David Holsinger of
the Wilmington Regional Office. The report concludes that Mr. Major Murray has not met the criteria for
being "deemed permitted" set forth under 15A NCAC 2H .0217 - Waste not Discharged to Surface Waters.
It is recommended that Mr. Murray obtain and implement an approved animal waste management
plan within 60 days of this notice. In addition, Mr. Murray should be required to submit the completed
waste plan and certification form to the--DWQ - Water Quality Section Operations Branch.
It is also recommended that should Mr. Murray fail to implement all corrective actions the Division
consider further proceedings which may include the facility losing it's deemed permitted status and being
required to obtain an individual non discharge permit for the facility.
If you have any further questions, please contact me at 910-395-3900.
ATTACHMENTS
cc: Dennis Ramsey
Wilmington Regional Office
SAW QSIDAVEHIDUPLW\3I-593. MEM
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 'telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
NOVEMBER 12, 1996
CERTIFIED MAIL 4
RETURN RECEIPT_UQUESTED
Mr. Major Murray
Major Murray Farm
399 River Road
Wallace, NC 28466
Subject: Notice of Violation
Major Murray Farm
Facility Number: 31-593
Duplin County
Dear Mr. Murray:
�EHNR
You are hereby notified that Major Murray Farm, which has been deemed permitted to have a nondischarge
permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217, has been found to be in violation
of its 2H .0217 Permit.
On July 19, 1996, DEM staff observed a discharge of wastewater by the Major -Murray Farm to an unnamed
tributary of Rockfish Creek. The collection system was allowed to overflow into and through a utility right
of way and stormwater diversion to an unnamed tributary of Rockfish Creek. A sample taken of the waste
overflow showed that > 1,100, 000 colonies per 100 ml of fecal coliform bacteria was being discharged from
the stormwater diversion to the unnamed tributary of Rockfish Creek.
The Division of Environmental Management will proceed to revoke Major Murray Farm's permit unless the
following conditions are completed:
1. Immediately eliminate the discharge of wastewater and/or list actions to correct the noted
violation.
2. Make any modifications needed to ensure there will be no future discharges.
127 Cardinal Drive Extension, Wilmington, NC 28405-3845 _ Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Major Murray
Page 2
To remain a deemed permitted facility, all corrective actions must be.made within fourteen (14) days. Failure to
do so may result in the facility losing it's deemed permitted status, requiring a certified waste management plan
and certification form for the facility to be submitted prior to the December 31, 1997 deadline, and being
required to obtain an individual non discharge permit for the facility.
Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface
waters of the State without a permit. The Division of Environmental Management has the authority to levy a
civil penalty of not more than $10,000 per day per violation. In addition, this assessment does not prevent the
Division of Water Quality from taking enforcement actions for this violation or any past or future violations.
When the required corrective actions -are complete, please notify this office in writing at the address below. If
you have any questions concerning this matter, please contact either Mr. Ken Eagelson, Water Quality Regional
Supervisor or Mr. David Holsinger at our Wilmington Office at (910)-395-3900. 1
Sincerely,
'Ca_k , c tG_ 5(--1 ( V ur
Rick Shiver, P.G.
Regional Supervisor
attachments
cc: Ken Eagelson, Water Quality Regional Supervisor
Mike Sugg, County Soil and Water Conservation District
Tom Jones, Regional Coordinator, NC DSWC
Compliance/Enforcement File _
Wilmington Files
SAWQSIDAVE1IDUPL1N131-593B.N0V

r
Division of Water Quality
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (DD )
Violator: Major Murray
Address: 399 River Road
Wallace, North Carolina 28466
Regional Office: Wilmington
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:
The discharge of animal waste displayed levels of fecal
coliform bacteria of a1,100,000 colonies per 100 ml.
This represents a level 5,500 times greater than the
assigned stream standard.
2. The duration and gravity of the violation:
The waste overflow had been occurring over an
undetermined duration. However, the land area directly
adjacent to the collection system was completely
saturated with wastewater for some 100 feet into the
utility right of way. Ponded wastewater was observed
in several areas and observed draining through the
stormwater diversion into the unnamed tributary to
Rockfish Creek. Mr. Murray had no acceptable cover crop
on his spray fields at the time.
3. The effect on ground or surface water quantity or
quality or on air quality:
The effects to groundwater and air were not documented.
Water quality was impacted as determined by water
quality analysis.
4. The cost -of rectifying the damage:
Proper cleaning and repair of the collection system is
estimated at approximately $100.00
5. The amount of money saved by noncompliance:
The amount of money saved by noncompliance is not
known. However, installation and maintenance of proper
pipe clean -outs would require some expense. Land is
available for irrigation. An acceptable cover crop was
not observed at the time.

6. Whether the violation was committed willfully or
intentionally:
There is some evidence of a man made conveyance
allowing the discharge of waste. The collection system
pipe was simply cut open and allowed to overflow. Mr.
Hairr (Carroll's Foods)indicated that the pipe had been
cut open to facilitate in cleaning a blockage at an
earlier date. No reason was given for not having
repaired the cut before the documented discharge. Due
to the estimated length if time of the discharge and
the size of the land area saturated, the discharge is
considered willful. In addition, Mr. Murray did not
have an acceptable cover crop.
7. The prior record of the violator in complying or
failing to comply with programs over which the
Environmental Management Commission has regulatory
authority: Mr. Murray received a warning from DWQ
through Mr. Dexter Edwards of Carroll's Foods
concerning improper application'of waste and the
consequences of a discharge on June 5, 1996.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $456.35, as
follows:
Staff
Holsinger, 10.0 hrs. $217.80
Mileage (125 miles@ $0.25 per mile) $ 31.25
Photography (film & Development) $ 9.30
Laboratory costs 2 samples $ 98.00
Administrative costs $100.00
9. Type of violator and general nature of business (i.e.
Individual vs. large corporation): Individual
10. Violators degree of cooperation (including efforts to
prevent or restore) or recalcitrance: Mr. Hairr
(acting for Mr. Murray) was asked to cease the
discharge immediately and to properly repair the
collection system. Mr. Hairr was asked.and agreed to
pump the ponded waste back to the lagoon. Mr. Hairr
indicated that the pipe had been cut open to facilitate
in cleaning a blockage at an earlier date. No reason
was given for not having repaired the cut before the
documented discharge.

11. Mitigating Circumstances: None.
12. owner of property where the discharge occurred:
Major Murray
13. Pictures of discharge:
Included (attached)
S:\WQS\DAVEH\DUPLIN\31-593.CAF

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DUPLIN
IN THE MATTER OF ) File No. DD
MAJOR MURRAY FARM )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H. 0200 ) CIVIL PENALTIES
E
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, L A. Preston Howard, Jr.,
P.E., Director of the Division of Water Quality (DEM), make the following:
I. FINDINGS OF FACT:
A. Major Murray operates a swine animal operation located along NCSR 1940 in Duplin
County. .
B. Major Murray was deemed permitted on February 1, 1993, in accordance with 15A
NCAC 2H .0217(c).
C. On July 19, 1996, DEM staff observed a discharge of wastewater by Major Murray
Farm from the wastewater collection system to an unnamed tributary to Rockfish
Creek, which are Class "C-Swamp" Waters of the State within the Cape Fear River
Basin.
D. Major Murray had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totalled $456.35
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Major Murray is a "person" within the meaning of G.S. 143-215.6A pursuant to G. S.
143-212(4).

B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217(a).
C. Rockfish Creek constitutes waters of the State within the meaning of G.S. 143-215.1
pursuant to G.S. 143-212(6).
D. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1),which is a violation of the nondischarge permit.
E. Major Murray may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), 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 any
classification, standard, limitation, or management practice established pursuant to
G.S. 143-215.1.OR 143-215.6A(a)(2) for failing to act in accordance with the
terms, conditions or requirement of a permit.
F. The State's enforcement costs in this matter may be assessed against Major Murray
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I snake the following:
III. DECISION:
Accordingly, Major Murray is hereby assessed a civil penalty of:
$ for discharging wastes to the waters of the State which is a
— violation of 15A NCAC 2H .0202 and NCGS 143.215.1(d).
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 456.35 Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the
factors Iisted 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) A. Preston Howard, Jr., P.E., Director
Division of Water Quality

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DIVISION OF ENvIRO CIE\ _AL 1L41NA GE1.1EIv_T
\TtiL�L FEEDLOT OPER-kTTONS S TE VISITATION RECORD
DATE: 7- I`I ?°95
Time. Z . / S p
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Physical _--'_vdress/Locadon:
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Type of Ooe.ation: Swine
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Number of Anim-zs on Si.e:
DE -'I Ce==cadon Number. ACE D-1'f Cricason NL,Tber: ACI\7E
LaLrlde' 3`� � 3' 3 „ Longir.:de: _ y S " Elevaon: Feet
Circle Yes o- No
Does he A__ L 'iai Waste Laffoon have su ficie:lt ueebo d of l Foot - 25 ye- 2^ hotLr sto ,n event
{zno-oxia_e:v 1 Foot - i inches) �or No _-'actual Freeboard: Z Ft. b �— Inches
Was a-i`' S_tjage o0se7Jed from t-ae lacoon(s)? Yes 0_ 'V;as a-lv erosion observed? eS'or N.7
Is land avai!a 1-. for surav?. -d or Rio L _he cover crop adecLa:e? Yes or No
Crop(s) be:' a udhzed:
Does the _ae;ii y met,,SCS mini=.Mm se -.back- cr_te_ia? 200 Fee: uon Dw-eilinas or IN
100 Feet frota N e'3s? Yes or No
Is the waste stockpiled wit_�1in I00 Feet ofUSGS Blue Line Sa-eani? Yes or
Is an t •,;�- aste land applied or spray il_;gated within '25 Fee. of a liSGS tiL.n Blue Line? Yes
Is aritn l >;;- aste discharged into waters of the state by Tan -Trade ditch, flushing system, or other
sitniiai man-made devices? or No U �_7es, Please Explain. Ove, 4/oLj ssw
_ Does the facility maintain adequate waste manaae=n- records (volumes of manure, land applied,
spray =gated on spe-cuic acreage with cover crow )?/L� Rsor No
AdditionComments:a-/ornc G�f/P._i SAS ��s
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cc: F:ic1'L:,. Asstssrnent Unit
S' St .-1-iiaciim,-nis 1f Netd-d.
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,i Environmental Chemists, Inc.
�J
MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS:
• E.O. Box 1037 [phone] (Office) 6602 Windmill Way
CONSULTING '" Wrightsville Reach, [phone] (Lab) Wilmington,
CHEMISTS North Caroli4-28480 [phone] (Fax) North Carolina 28405
REPORT OF ANAL YS IS
Customer: NCDEHNR-DEM
127 CARDINAL DRIVE EXT.
WILMINGTON,- NORTH CAROLINA 28405
Date Sampled: 7-19-96
Sampled By: DAVID HOLSIGNER
Report To: RICK SHIVER
STREAM
Date of Report:
P.O.#:
Report fir~:
7-31-9
3383A
MAJOR MURRAY-1A
IP4240A
MAJOR MURRAY-lB
#4240B
Fecal Coliform, colonies/100m1
-
}1,100,000
Total Kjeldahl Nitrogen, TKN,
m g /_L
356
-
NQ +NO +N, mg/L
1.56
-
Ammonia Nitrogen, mg/L
232
-
Total Phosphorus
27.8
-

>: , e >:. „ Environmental Chemists, Inc.
MAILING ADDMS: TELEPHONE: SHIPPING ADDRESS:
P.O. Box 1037 [phone] (Office) 6602 Windmill W2Y
CONSULTING Wrightsvil!;�Bcach, [phone] (Lab) 1 iirnington, .
CHEMISTS North Carols-=S480 [phone] (Tax) Ito; h Caroi;na 2$4105
CHAIN OF CUSTODY _'OR SAMPLE COLLECTION
�6? )'YU-,vy7 3 3�3
Repo t
Client: D.E.H.N.R. ., _-- -- _ - ' 33F3,M
Collected By (signature & print) : DAVID HULSINGER
Sample Type: Influent, Effluent, Well, (in' , Soil, Other
Collection: For composite Indicate Date & Time for Start & Finish
Location &
Identification
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Type
Collection
Date TFime
Bottle
ID
Lab
ID
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Received On Ice r Chilled to 4°C Yes ✓ No
Accepted Rejected By Comment
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Date —Iq Time
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N. C. DIVISION OF ENVIRONMENTAL MANAGEMENT
COMPLA T N-T/E:-EERGENCY REPORT FORM
`rTILMINGTON REGIONA-L OFFICE Date/Time : _ G-5 --1 to_ 3 : 3 p
Emergency: Complaint: County:
Report Received From:
Agency: /lJ} _ Phone No.
Complainant: 5i Y ► AX,-
Address: R tye-C WgllceCF Phone No_
Complaint or Incident: -D2L� k- C:t: , , ,►►�/!4 ( 1.c.14_s4e S p ru-�
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Time and Date Occurred: i2 /- 96 AV D CyP-P-E-A-ri-N , L) Qe.007 -C-5S 5 .
Location of Area Affected: rYi �_To2 W% f 22 4 Li H OCR rv-)2Wt .
Surface Waters Involved: /JCS Groundwater Involved: 1(%a
Other Agencies/Sections Notified: /UZ)
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Investigator: 0\ , 2 Date:_(?
EPA Region IV [phone] Pesticides 733-3556
Emergency Management 733-3867 Wildlife Resources 733-7291
Solid and Hazardous Waste 733-2178 Marine Fisheries 726--7021
Water Supply Branch 733 -2321 U.S. Coast Guard MSO 343-4881
127 Cardinal Drive Extension, WLLum ngton, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affir=Live Action Employer

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Correspondence History
Letter Date Type of Letter
03/31/97 Notice of Violation
Reason for Exemption 2H .0200 Certification
Additional Comments
No Operator Designated
Ot;C� Of Di3ficienc : No: irrugation:records kept since'k 9Y:to:&-97. frosion;sp!AY-need to
.......... Y:....... .......................
.............................................: be:gradedwid:reseeded; Caiastai:bBrmuda: Needs: impriovement.::....
Case Number Central Office Log In Date Penalty Assessed Penalty Amount Amount Paid Case Closed Date
DD 96 _ 030 11/21/96 09/08/97 $4,456.35
Site Visitation History
Visitation
Visitation
Date Agency
Type of Visit
Date Agency Type of Visit
02/04/98 Division of Water Quality -
other"
Visitation
Visitation
Date Agency
Type of Visit
Date Agency Type of Visit
09/08/97 Division of Soil and Water
Routine
08/28/95 DEM
M.I
:.y.