710015_ENFORCEMENT_20171231

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NOHTH CAHOLINA
Department of Environmental Qual

it,
State of North Carolina
Department of Environ
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
July 30, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Allen Raynor
539 River Road
Wallace, NC 28466
RE: Request for Payment of Civil Penalty
Marks Farm and Otis Cavenaugh Farm
File Nos. DD 00-007 and PC 00-073
Duplin and Pender Counties
Dear Mr. Raynor:
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A&ICT/ aj
NCDENR
NORTH CAROLINA DEPARTMENT or
ENVIRONMENT AND NATURAL RESOURCES
Your immediate attention to this matter is required. On November 22, 2000, the Director
of the Division of Water Quality (DWQ) assessed a civil penalty against you in the amount of
$8,122.88, including S 1,122.88 in investigative costs, for discharging waste from the Marks Farm,
Also on November 22, 2000, you were assessed a civil penalty of S647.94, including $147.94 in
investigative costs for high freeboard in the lagoons at the Otis Cavenaugh Farm.
According to our records, we have not received payment for either penalty. If our records
are incorrect, please contact Steve Lewis at [phone] ext. 539 or Linda Fitzpatrick at (919)
733-5083 ext. 526 immediately. If you have not made payment, please send a check payable to
NCDENR to:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
,mailing Address: Telephone [phone] Location:
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% past -consumer paper
hnp: //h2o. enr. sta te. n c. us

Send your payment via certified mail if you need a receipt. Unless payment is received
within 10 days of your receipt of this notice, this letter serves as final notice that DWQ will refer
your case to the North Carolina Attorney General's Office. If necessary, the Attorney General's
Office will file a case against you in Superior Court to collect the penalty.
If you have any questions, please contact Steve Lewis at [phone] ext. 539 or Linda
Fitzpatrick at [phone] ext. 526.
Sincerely,
Dennis R. Ramsey, P.E., Assistant Chief
Non -Discharge Branch
cc: Rick Shiver, Wilmington Regional Supervisor
Sto- ne N atl i's, WIRO
File DD 00-007
File PC 00-073
Central Files

0
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Allen Raynor
Otis Cavenaugh Farm
539 River Road
Wallace NC 28466
Dear Mr. Raynor:
r � ,
. D E N R-
November 22, 2000
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Otis Cavenaugh Farm
Pender County
File No. PC 00-073
This letter transmits notice of a civil penalty assessed against Allen Raynor in the amount of $647.94,
including $147.94 in enforcement costs. . r
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me by delegation.pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be
the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made'directly to the order of the Department of Environment and Natural
Resources (do not include waiverform). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Ms. Linda Forehand
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
OR
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equai Opportunity Affirmative Action Employer r. 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. I (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.
PIease submit this information to the attention of:
Linda Forehand
DENR
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must.be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter I50B of the North Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn
Registered Agent
Dept. of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

i
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 Linda Forehand at [phone], extension 526. -
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional -Supervisor w/ attachments—
Compliance/Enforcement File w/ attachments ,
Central Files w/ attachments
Public Information Office w/ attachments

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STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF
ALLEN RAYNOR
FOR VIOLATION OF
15A NCAC 2H .0217 AND
N.C.G.S 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 00-073
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Allen Raynor owns and operates Otis Cavenaugh Farm, a swine operation located
along State Road 1501 in Pender County.
B. Otis Cavenaugh Farm was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217. This deemed
permitted status does not allow discharges of waste to waters of the State.
C. Deemed permitted facilities are required to have a Certified Animal Waste
Management Plan (CAWMP) under 15A NCAC 2H .0217. The CAWMP for Otis
Cavenaugh Farm states that in no instance should the volume of the waste stored
in the lagoon be within the 25-year, 24-hour storm storage and one foot of
freeboard except in the event of the 25-year, 24-hour storm.
G. Based on the 25-year, 24-hour storm event- of Otis Cavenaugh Farm which is
seven point five (7.5) inches and twelve (12) inches of required structural
freeboard, the waste level in the lagoon for Otis Cavenaugh Farm shall not exceed
nineteen point five (19.5) inches.
H. DWQ staff from the Wilmington Regional Office. inspected Otis Cavenaugh Farm
on February 17, 2000 and observed that the waste level of two lagoons was
fourteen (14) inches each which exceeded the level specified in the CAWMP.
I. The cost to the State of the enforcement procedures in this matter totaled $147.94.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Allen Raynor 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 .021'7 and G.S. 143-215.1.
C. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP is a violation of the 15A NCAC 2H .0217 nondischarge
deemed permit and G.S. 143-215.1.
D. Allen Raynor may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person for
failing to act in accordance with the terms, conditions or requirement of a permit
required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Allen Raynor
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact_ and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Allen Raynor is hereby assessed a civil penalty of:
$ sem, Oo for failing to maintain the liquid level in two lagoons at the
level specified in the CAWMP as required by 15A NCAC
2H .0217.
$ _ _So o , 00 TOTAL CIVIL PENALTY, which. is �5 -percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 147.94 Enforcement costs
$ G TOTAL AMOUNT DUE

E
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S. 14313-282.1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground'or surface water quantity or quality or on air quality; _
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
2Z—oa
(Date) Kerr T. Stevens, Director
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMMISSION
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
ADDRESS
TELEPHONE

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STATE OF NORTH CAROLINA
COUNTY OF TENDER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
2000 CVS 212
STATE OF NORTH CAROLINA, ex rel.
MICHAEL F. EASLEY, Attorney General
and BILL HOLMAN, Secretary of the
North Caroling Department of Environment
and Natural Resources„
CONSENT .IUDGMENT
Plaintiff,
V.
ALLEN RAYNOR, d/b/a Ottis-Cavenaugh
Farm
Defendant
The State of North Carolina, upon the relation of its Attorney General, Michael F. Easley,
and the North Carolina Department of Environment and Natural Resources (DENR), Plaintiffs herein,
and Allen Raynor, dIb/a Ottis-Cavenaugh Farm, Defendant herein, agree to entry of this Consent
Judgment to resolve the matters in controversy between the parties as detailed in the Complaint filed
in this case.
Plaintiffs brought this action to compel Defendant to comply with North Carolina water
quality protection laws and rules by improving lagoon freeboard levels in two animal waste lagoons
located at Defendant's Ottis-Caveriaugh Farm, located off State Road 1501 in Pender County, North
Carolina with facility ID number 71-15. Following the filing of the injunction, the Defendant has
taken all steps requested to correct the violations noted in the inspections cited in the Complaint,
thereby achieving compliance with minimum required lagoon freeboard levels. Plaintiffs further
brought this action to compel Defendant to comply with North Carolina water quality protection laws

9
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and rules by documenting the ability of Ottis-Cavenaugh Farm to comply fully with all permit terms
and applicable water quality protection laws and rules in connection with land application of animal
wastes and other waste management practices, Subsequent to the filing of the Complaint, the
Defendant's Ottis-Cavenaugh Farm has been inspected and the parties now b0ieve.that the matters
raised in the Complaint can be addressed and resolved through this Consent Judgment such that
Defendant will comply fully with all permit terms and applicable laws, including Plaintiffs' water
quality protection laws and rules.
It appears to the Court that it has jurisdiction over the parties and over the subject matter.
NOW THEREFORE, before any trial or adjudication on the merits, and upon the consent of
the parties, it is hereby ORDERED, ADJUDGED AND DECREED that:
A. The Defendant shall continue to operate the Ottis-Cavenaugh Farm in compliance with
the terms of his permit, the requirements of the State's water quality laws and rules, and the
provisions of his Certified Animal Waste Management Plan.
B. If, at any time, the freeboard at any lagoon at Ottis-Cavenaugh Farm becomes less
than nineteen inches (19"), defendant shall submit, or cause to be submitted, a Plan of Action to the
Division of Water Quality's (DWQ) Wilmington Regional Office, within 48 hours of the occurrence.
The Plan of Action must demonstrate how the defendant will reduce the lagoon level to at least 19
inches of freeboard within ten days after such plan submission. If the I0-day deadline is not met,
DWQ may require remedial actions on site that are reasonably necessary to ensure compliance with
the General Permit, this Consent Judgement, and applicable Rules of the Environmental Management
Commission.
C. Nothing in this Consent Judgment restricts Plaintiffs right to take other enforcement
action against defendant or for any collection or assessment of civil penalties for past violations. .
2

Defendant does not waive any of his rights to contest or defend against any such future enforcement
actions for any collection or assessment of civil penalties for past or future violations.
D. The parties shall comply with all terms of this Consent Judgment.
E. The Court shall retain continuing jurisdiction in this case until all parties have complied
with all of the provisions of the Consent Judgment, at which time this case shall be dismissed without
leave to refile.
F. The contempt provisions of Article 2, Chapter 5A of the North Carolina General
Statutes shall be available to enforce this Consent Judgment.
G. ' This Consent Judgment may be signed out -of -court, out -of -term, out -of -county and
out -of -district.
Date: Date: z a
Allen Raynor Kerr T. Stevens, Director
Division of Water Quality, NCDENR
This the day of , 2001.
ep-4732`8
Superior Court Judge Presiding
3

�pF WAT�c9 p Michael F. Easley
�O Ci Governor
%1 William G. Ross Jr., Secretary
7 Department of Environment and Natural Resources
0 Alan W. K lmek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 25, 2004
MEMORANDUM 4 z0'
TO: Kathy Cooper.' a�
Special Deputy Attorney Ge ral
FROM: Alan W. Klimek, P.E. #/
SUBJECT: Request for Collection of Penalties
Please initiate collection proceedings for the cases listed below. Copies of the civil penalty assessments and
payment demand letters are attached. Mr. Raynor did not sign for the last certified letters that DWQ sent and the
documents were served by the Duplin County Sheriffs Office.
Violator
Allen Raynor — Marks Farm
Case Number
DID 00-007
Date Assessed
November 22, 2000
Date Received
December 2, 2000
(Mr. Raynor was assessed $8,122.88 in November 2000. The AGO filed a Complaint and Motion for Injunctive Relief
against Mr. Raynor for Marks Farm on March 8, 2000. Mr. Raynor has failed to respond to the civil penalty
assessment and two payment demand letters.)
Allen Raynor — Cavenaugh Farm PC 00-073 November 22, 2000 December 2, 2000
(Mr. Raynor was assessed $647.94 in November 2000. The AGO also filed a Complaint and Motion for injunctive
Relief against Mr. Raynor for the Cavenaugh Farm on March 8, 2000. Mr. Raynor has failed to respond to the civil
penalty assessment and two payment demand letters.)
Thank you for your assistance in this matter. Please contact Steve Lewis at 733-5083, ext. 539 if you need any
additional documentation or if you or your staff have any questions.
ATTACHMENTS
cc: 1 RT0K'Shiveri Wilmington Regional Office
File # DD 00-007
File # PC 00-073
Nroar
CDEN-..
Customer Service Division of Water Quallty 1617 Mail Service Center Raleigh, NC 27699.1617 [phone]
1 800 623-7748