240022_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

State of North Carolina T A
Department of Environment- 0
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary NORTH CAROUNA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RE-sOunces
November 22, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
COASTAL FARMS, L.L.C.
COASTAL FARMS #1
P-O. BOX 339
WHTTEVILLE, NC 28472
SUBJECT: Assessment of Civil Penalties
for Violation of Conditions of
the General Permit
Farm #24-22
Columbus County
File No. PC 00-037
Dear Coastal Farms, L.L.C.:
This letter transmits notice of a civil penalty assessed against Coastal Farms, L.L.C. in the
amount of $3,136.38 including $136.38 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver farm).
Payment of the penalty will not foreclose further enforcement action for
any continuing, or new violation(s).
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 /Af firmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o. enr.state. nc. its

Please submit payment to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2_ Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation; V
(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. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
r�
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 hearina. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thilly 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. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527_
Sincerely,
Kerr T. Stevens
ATTACHIMNTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

4
STATE OF NORTH CAROLINA
COUNTY OF COLUM 3US
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVEL PENALTTIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. AWS240022 ) STIPULATION OF FACTS
FILE NO: PC 00-037
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, COASTAL FARMS, L.L_C , 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
20
SIGNATURE
ADDRESS
P.O. BOX 339
WHITEVILLE. NC 28472
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF COLUMBUS
File No. PC 00-037
IN THE MATTER OF )
COASTAL FARMS, L.L.0 )
}
FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF
PERMIT VIOLATIONS ) 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. Coastal Farms, L.L.C. is a corporation organized and existing under the laws of
the State of North Carolina.
B. Coastal Farms, L.L.C. owns and operates the Coastal Farms #1, a swine operation
in Columbus County.
C. Coastal Farms, L.L.C. was issued Certificate of Coverage AWS240022 under
General Permit AWGIOOOOO for Coastal Farms #1 on June 26, 1998, effective
June 26, 1998, with an expiration date of April 30, 2003.
D. Condition No. V. 3. of the "General Conditions" of the General Permit states in
part that "The maximum waste level in lagoons/storage ponds shall not exceed
that specified in the Certified Animal Waste Management Plan (CAWMP). At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the 25-year, 24-hour storm event
plus an additional one (17 foot of structural freeboard."
E. Condition No. III. 6_ e_ of the "Monitoring and Reporting Requirements" of the
General Permit requires that the permittee shall report by telephone to the
appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.

F. DWQ staff from the Wilmington Regional Office inspected Coastal Farms #1 on
January 26, 2000 and observed that the waste level of the lagoon was seven (7)
inches which exceeded the level specified in the CAWMP.
G. The Wilmington Regional Office had not received notification from Coastal
Farms #1 that the waste level exceeded the level specified in the CAWMP.
H. The costs to the State of the enforcement procedures in this natter totaled
$136.38.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A_ Coastal Farms, L.L.C. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Coastal Farms, L.L.C. violated Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level specified in the
CAWMP.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
III. 6. e. of the General Permit.
E. Coastal Farms. L.L.C. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars (S25,000.00) per violation may be assessed against a person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S_ 143-215.1.
F. The State's enforcement- costs in this matter may be assessed against Coastal
Farms, L.L.C_ 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 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:
M. DECISION:
Coastal Farms, L.L.C. is hereby assessed a civil penalty of:
$ 2, Sao . o o for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
for violating Condition No. III. 6. e. of the General Permit by
failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of failure to
maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition No. V. 3
$ 3 Do o . O O TOTAL CIVIL PENALTY, which is 15" percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 136.38 Enforcement costs
s 3 3 e- 3 %_ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I 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.
_ 1, 22-00_ )L� ,
(Date) Kerr T. Stevens, Director
Division of Water Quality