310101_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

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
Mr. Errol Quinn
218 J. B. Stroud Road
Magnolia, NC 28453
Dear Mr. Quinn:
f�l 1i
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NaWRAL RESOURCES
June 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State and Permit Violations
Farm # 31-101
DupIin County
File No. DV 00-017
This letter transmits notice of a civil penalty assessed against the Errol Quinn Farm in the
amount of $17,057.84 including $2,057.84 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of -the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include ivaiver farm).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new vioiation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirnative Action Employer
50% recycled / 10% post -consumer paper
h ttp: //h2o. enr. state. n c. its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

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

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
/T011
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 th_ irty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
T
Kerr T. Stevens
ATTACHMENTS
cc: Rick Shiver, WIRO Regional Supervisor w/ attachments
Brian Wrenn,.W. I R 0
File DV 00-017 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 ) ADNIINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
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, , 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
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
ERROL B. QUINN
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT AND FOR
VIOLATIONS OF CONDITIONS
OF GENERAL PERMIT
AWG 100000 -
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-017
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. Errol B. Quinn owns and operates the Errol Quinn Farm, a swine operation
located along SR 1922 in Duplin County.
B. Errol Quinn was reissued Certificate of Coverage AWS310101 under General
Permit AWGI00000 on and effective June 26, 1998, with an expiration date of
April 30, 2003. This permit does not allow the discharge of waste to waters of the
State.
C. On June 11, 1999, DWQ staff observed that a discharge of wastewater from the
Errol Quinn Farm had occurred due to a flex hose coming unclamped from piping
associated with the animal waste management system. Staff observed that the
wastewater discharge had entered an unnamed tributary of Elder Creek, which are
Class C Swamp waters of the State within the Northeast Cape Fear River Basin.
D. Errol B. Quinn had no valid permit for the above -described activity.
E. Condition No. III. 6. a. of the General Permit states in part 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 the
failure of any component of the animal waste collection, treatment, storage and
land application system resulting in a discharge to surface waters.

F. Errol B. Quinn failed to notify DWQ of the discharge of wastewater within the
required 24 hours after discovery.
G. The water quality standard for dissolved oxygen within Class C Swamp waters is
not less than 5.0 mg/l for average daily values and not less than a minimum
instantaneous value of 4.0 mg/l per 15A NCAC 2B.0211(3)(b).
H. On June 11 and June 12, 1999, DWQ measured instantaneous dissolved oxygen
values in Elder Creek where SR 1922 crosses the creek. The tests were conducted
each day at the same location using a calibrated instrument. The results are shown
in the following table.
Date Dissolved Oxygen
(m/d/y) (mom)
6/ 11/99 0.10
6/ 12/99 0.48
I. The water quality standard for fecal coliform bacteria within Class C Swamp
waters shall not exceed a geometric mean of 200 colonies per 100 ml
(200/100m1), based upon five consecutive samples examined during a 30 day
period, nor exceed 400/100ml in more than 20% of the samples examined during
a such period as set forth in 15A NCAC 2B.0211(3)(e).
J. From June 11, 1999 to June 18, 1999, DWQ collected surface water samples from
Elder Creek where SR 1922 crosses the creek. The samples were collected each
day at the same location and in compliance with standard sampling protocol and
chain of custody requirements. The results are shown in the following table along
with the calculated geometric mean values (in total colonies/100m1 units).
Date Fecal Coliform
(m/d/y) (colonies/100m1 units)
6/ 11 /99
22,000
6/ 12/99
200
6/ 13/99
5,050
6/ 14/99
4,700
6/15/99
- 60,000
6/16/99
5,600
6/17/99
2,800
6/ 18/99
2,000
Geometric Mean for samples (6/11/99 through 6/18/99) = 4,589 colonies/100 ml.
Seven of eight samples (87.5%) exceeded the 400 colonies/100 ml level.

K. The cost to the State of the enforcement procedures in this matter totaled
$2,057.84.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Errol B. Quinn is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S.143-212(4).
B. An unnamed tributary to Elder Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constitutes making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. The above -cited failure to notify DWQ of a discharge within 24 hours of first
knowledge constitutes a violation of Condition No. 111. 6. a. of the General Permit.
E. Errol B. Quinn violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(b) on June
11 and June 12, 1999 when the water quality standard for dissolved oxygen
applicable to Elder Creek was exceeded.
F. ErroI B. Quinn violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(e) during the
period from June 1 I through June 18, 1999 when more than 20% of the samples
examined during the period exceeded 400 fecal coliform colonies/100m1.
G. Errol B_ Quinn 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 who
is required but fails to secure a permit required by G.S. 143-215.1 or who violates
or fails to act in accordance with the terms, conditions, or requirements of such
permit or any other permit or certification required by G.S. 143-215.1.
H. Errol B. Quinn 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 twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-214.1, 143-214.2, or 143-215.1.
I. The State's enforcement costs in this matter may be assessed against Errol B. Quinn
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).

J. 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:
DECISION:
Accordingly, Errol B. Quinn is hereby assessed a civil penalty of.
$ S 54 • cso for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ , . .non, 06 _ for violating Condition No. M. 6. a. of the General Permit
by failing to notify DWQ of a discharge within 24 hours of
first knowledge
$ S . '�a O o . o for 'Z- of two violations of G.S. 143-215.1(a)(6) and
15A NCAC 2B.0211(3)(b) by exceeding the water quality
standard for dissolved oxygen on June 11 and June 12,
1999.
$ . -1 5n�o�_ for violating G.S. 143-215.1(a)(6) and NCAC
2B.0211(3)(e) when more than 20% of the samples
examined during the period from June ll through June 18,
1999 exceeded 400 fecal coliform colonies/100ml.
$ S._00,0, oo TOTAL CIVIL PENALTY, which is 30 percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 2,057.84
$ \l , o 51, e4
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 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;

.t
(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.
(Date) Kerr T. Stevens, Director
Division of Water Quality

i
PA-1 R
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mew �Js
�,2�zlzl

[RECEIVEDa
AUG 17 2000
BY: tate of North Carolina
MICHAEL F. EASLEY Department of justice Reply to-.
ATTORNEY GENERAL P. 0. BOX 629 Man' Dee Carra.rav
Environmental Division
RALEIG-1 Tel: [phone]
27602-0629 Fax: [phone]
MEMORANDUM
TO: Tommy Stevens, Director of Water Quality
Steve Lewis, Environmental Specialists
Rick Shiver, Wilmington Water Quality Regional Supervisor
Regional Inspectors and Technicians
FROM: Mary Dee Car away, Assistant Attorney General
DATE: August 14, 2000
RE: Civil Penalty Assessment Appeal by Errol Quinn, Farm 431-101,
Duplin County, Agency File: DV00-017, QAH File: 00-EHR-0990
Please note that I have been assigned to handle the above referenced contested case. I will
need to begin preparing our case as soon as possible. Please review the important dates listed
below and provide me with the requested information by either inter -office mail or by placing in
the Attorney General's box in the Archdale building.
August 14, 2000 Prehearing Statements and Document Constituting
Agency Action due to be filed with 4AH. I have a copy of
the Civil Penalty Assessment document and a copy of the
enforcement file. If there is any additional documentation
such as any worksheets drafted prior to the assessment that
might not have been included in the enforcement file._
please send these materials, a list of everyone who
participated in the assessment, and any other materials you
feel will be relevant at the hearing as soon as possible.
October 27, 2000 Discovery must be sent to Petitioner to give us enough time
to receive answers prior to hearing.
Week Beginning
December 11, 2000 Hearing is set in Wilmington, NC with Sammie Chess. Jr..
Administrative Law ,fudge presiding.
If you have any questions or comments regarding this case, please call me at:
[phone].

August 11. 2000
Pa�oe 2
If you have any questions or comments regarding this case, please call me at:
[phone].
cc: Coleen Sullins

State of North Carolina
Department of Environmei
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Errol Quinn
218 J. B. Stroud Road
Magnolia, NC 28453
SUBJECT
Dear Mr. Quinn:
fiemm�Urj EL
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
Making an Outlet to Waters of the
State and Permit Violations
Farm # 3 l -101
Duplin County
File No. DV 00-017
This letter transmits notice of a civil penalty assessed against the Errol Quinn Farm in the
amount of S17,057.84 including $2,057.84 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportxnity/AfrntariveAction Emplover
5()% recycled / /0%n post -consigner paper
larp:11h 2n. en r. surre. n c_ its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained4n 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. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
I. ZED
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Riirk-SfiiWr--WIRO:Regional-Super.visor-w/-attaclrmnts�
Brian Wrenn, WIRO
File DV 00-017 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO.
Having been assessed civil penalties totaling
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
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 , 20_
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
ERROL B. QUINN
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT AND FOR
VIOLATIONS OF CONDITIONS
OF GENERAL PERMIT
AWG 100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-017
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. Errol B. Quinn owns and operates the Errol Quinn Farm, a swine operation
located along SR 1922 in Duplin County.
B. Errol Quinn was reissued Certificate of Coverage AWS310101 under General
Permit AWG 100000 on and effective June 26, 1998, with an expiration date of
April 30, 2003. This permit does not allow the discharge of waste to waters of the
State.
C. On June 11, 1999, DWQ staff observed that a discharge of wastewater from the
Errol Quinn Farm had occurred due to a flex hose coming unclamped from piping
associated with the animal waste management system. Staff observed that the
wastewater discharge had entered an unnamed tributary of Elder Creek, which are
Class C Swamp waters of the State within the Northeast Cape Fear River Basin.
D. Errol B. Quinn had no valid permit for the above -described activity.
E. Condition No. III. 6. a. of the General Permit states in part 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 the
failure of any component of the animal waste collection, treatment, storage and
land application system resulting in a discharge to surface waters.

F. Errol B. Quinn failed to notify DWQ of the discharge of wastewater within the
required 24 hours after discovery.
G. The water quality standard for dissolved oxygen within Class C Swamp waters is
not less than 5.0 mg/1 for average daily values and not less than a minimum
instantaneous value of 4.0 mg/I per 15A NCAC 2B.0211(3)(b).
H. On .tune 11 and June 12, 1999, DWQ measured instantaneous dissolved oxygen
values in Elder Creek where SR 1922 crosses the creek. The tests were conducted
each day at the same location using a calibrated instrument. The results are shown
in the following table.
Date Dissolved Oxygen
(m/d/y) (mom)
6/ 11 /99 0.10
6/ 12/99 0.48
1. The water quality standard for fecal coliform bacteria within Class C Swamp
waters shall not exceed a geometric mean of 200 colonies per 100 ml
(200/100m1), based upon five consecutive samples examined during a 30 day
period, nor exceed 400/100ml in more than 20% of the samples examined during
a such period as set forth in 15A NCAC 2B.0211(3)(e).
J. From June 11, 1999 to June 18, 1999, DWQ collected surface water samples from
Elder Creek where SR 1922 crosses the creek. The samples were collected each
day at the same location and in compliance with standard sampling protocol and
chain of custody requirements. The results are shown in the following table along
with the calculated geometric mean values (in total colonies/100ml units). M
Date Fecal Coliform
(m/d/y) (colonies/100m1 units)
6/ 11 /99
22,000
6/ 12/99
200
6/ 13/99
5,050
6/ 14/99
4,700
6/ 15/99
60,000
6/ 16/99
5,600
6/ 17/99
2,800
6/ 18/99
2,000
Geometric Mean for samples (6/11/99 through 6/18/99) = 4,589 colonies/100 ml.
Seven of eight samples (87.5%) exceeded the 400 colonies/100 ml level.

K. The cost to the State of the enforcement procedures in this matter totaled
$2,057.84.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Errol B. Quinn is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. An unnamed tributary to Elder Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constitutes making an outlet to waters of the State for _
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. The above -cited failure to notify DWQ of a discharge within 24 hours of first
knowledge constitutes a violation of Condition No. III. 6. a. of the General Permit.
E. Errol B. Quinn violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(b) on June
11 and June 12, 1999 when the water quality standard for dissolved oxygen
applicable to Elder Creek was exceeded.
F. Errol B. Quinn violated G.S. 143-215.1 and 15A NCAC 2B.021 I (3)(e) during the
period from June 11 through June 18, 1999 when more than 20% of the samples
examined during the period exceeded 400 fecal coliform colonies/100ml.
G. Errol B. Quinn 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 who
is required but fails to secure a permit required by G.S. 143-215.1 or who violates
or fails to act in accordance with the terms, conditions, or requirements of such
permit or any other permit or certification required by G.S. 143-215.1.
H. Errol B. Quinn 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 twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-214.1, 143-214.2, or 143-215.1.
I. The State's enforcement costs in this matter may be assessed against Errol B. Quinn
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).

J. 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, Errol B. Quinn is hereby assessed a civil penalty of:
$ S 50 . a for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ for violating Condition No. M. 6. a. of the General Permit
by failing to notify DWQ of a discharge within 24 hours of
first knowledge
for 2 of two violations of G.S. 143-215.1(a)(6) and
15A NCAC 2B.0211(3)(b) by exceeding the water quality
standard for dissolved oxygen on June 11 and June 12,
1999.
S �.. -1 5c�. �� for violating G.S. 143-215.1(a)(6) and NCAC
2B.0211(3)(e) when more than 20% of the samples
examined during the period from June I I through June 18,
1999 exceeded 400 fecal coliform colonies/I00m1.
000, 00 TOTAL CIVIL PENALTY, which is 9 percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 2.057.84 Enforcement costs
$ `1 , b S 1 • CaLA 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.l(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.
--1S-a0 Ka
(Date) Kerr T. Stevens, Director
Division of Water Quality

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
Mr. Errol B. Quinn
Errol Quinn Farm
218 J.B. Stroud Road
Magnolia, NC 28453
SUBJECT
Dear Mr. Quinn:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 5, 2000
Request for Payment of Fish Kill Damages
Pursuant to General Statute 143-215.3(a)(7)
Duplin County
This cover letter transmits a request for payment of fish kill damages and associated lab costs in
the amount of $1,384.51, including $900.10 in investigative costs incurred by the Wildlife Resources
Commission and the Division of Water Quality.
You are hereby requested to pay within thirty days the sum of S1,384.51 to the Department of
Environment and Natural Resources for fish kill damages resulting from the hog waste discharge on June
11, 1999.
The payment should be by check made payable to the Department of Environment and Natural
Resources. Please submit payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to make payment within thirty days will result in this matter being referred to the Attorney
General's Office with a request to initiate a collection action in Superior Court.
If you have any questions, please contact Steve Lewis of the Division of Water Quality at (919)
733-5083, ext. 539 or Frank McBride of the Wildlife Resources Commission at [phone], ext. 283.
Sincerely,
Kerr T. Stevens
cc: Wilmington Regional Office
Public Information Officer
Frank McBride — Wildlife Resources Commission
P.Q. Sox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 54ITo recycled/10% past -consumer paper

State of North Carolina
Department of Envirom
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Errol B. Quinn
Errol Quinn Farm
218 J.B. Stroud Road
Magnolia, NC 28453
SUBJECT:
Dear Mr. Quinn:
ECEIVED •
JUN 2 0 Z000
CDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 5, 2000
Request for Payment of Fish Kill Damages
Pursuant to General Statute 143-215.3(a)(7)
Duplin County
This cover letter transmits a request for payment of fish kill damages and associated lab costs in
the amount of $1,384.51, including $900.10 in investigative costs incurred by the Wildlife Resources
Commission and the Division of Water Quality.
You are hereby requested to pay within thirty days the sum of $1,384.51 to the Department of
Environment and Natural Resources for fish kill damages resulting from the hog waste discharge on June
11, 1999.
The payment should be by check made payable to the Department of Environment and Natural
Resources. Please submit payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to make payment within thirty days will result in this matter being referred to the Attorney
General's Office with a request to initiate a collection action in Superior Court.
If you have any questions, please contact Steve Lewis of the Division of Water Quality at (919)
733-5083, ext. 539 or Frank McBride of the Wildlife Resources Commission at [phone], ext. 283.
Sincerely,
Kerr T. Stevens
cc: Wilmington Regional. Office,..
Public Information Officer
Frank McBride — Wildlife Resources Commission
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
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Errol Quinn
218 J. B. Stroud Road
Magnolia, NC 28453
Dear Mr. Quinn:
1 � •
mom
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State and Permit Violations
Farm # 31-101
Duplin County
File No. DV 00-017
This letter transmits notice of a civil penalty assessed against the Errol Quinn Farm in the
amount of $17,057.84 including $2,057.84 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
http: //h2o. enr. state. tic. its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

,0
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 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.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
'tom t
Kerr T. Stevens
ATTACHMENTS
cc: Rick- Shiver, WIRGQRegI6-ff Supervisor w/ attachments
Brian Wrenn, WIRO
File DV 00-017 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 totaling 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 , 20�
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
ERROL B. QUINN
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT AND FOR
VIOLATIONS OF CONDITIONS
OF GENERAL PERMIT
AWG 100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-017
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. Errol B. Quinn owns and operates the Errol Quinn Farm, a swine operation
located along SR 1922 in Duplin County.
B. Errol Quinn was reissued Certificate of Coverage AWS310101 under General
Permit AWG100000 on and effective June 26, 1998, with an expiration date of
April 30, 2003. This permit does not allow the discharge of waste to waters of the
State.
C. On June 11, 1999, DWQ staff observed that a discharge of wastewater from the
Errol Quinn Farm had occurred due to a flex hose coming unclamped from piping
associated with the animal waste management system. Staff observed that the
wastewater discharge had -entered an unnamed tributary of Elder Creek, which are
Class C Swamp waters of the State within the Northeast Cape Fear River Basin.
D. Errol B. Quinn had no valid permit for the above -described activity.
E. Condition No. M. 6. a. of the General Permit states in part 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 the
failure of any component of the animal waste collection, treatment, storage and
land application system resulting in a discharge to surface waters_

F. Errol B. Quinn failed to notify DWQ of the discharge of wastewater within the
required 24 hours after discovery.
G. The water quality standard for dissolved oxygen within Class C Swamp waters is
not less than 5.0 mg/1 for average daily values and not less than a minimum
instantaneous value of 4.0 mg/1 per 15A NCAC 2B.0211(3)(b).
H. On June 11 and June 12, 1999, DWQ measured instantaneous dissolved oxygen
values in Elder Creek where SR 1922 crosses the creek. The tests were conducted
each day at the same location using a calibrated instrument. The results are shown
in the following table.
Date Dissolved Oxygen
(m/d/y) (mom)
6/ 11 /99 0.10
6/ 12/99 0.48
I. The water quality standard for fecal coliform bacteria within Class C Swamp
waters shall not exceed a geometric mean of 200 colonies per 100 ml
(200/100m1), based upon five consecutive samples examined during a 30 day
period, nor exceed 400/100ml in more than 20% of the samples examined during
a such period as set forth in 15A NCAC 2B.0211(3)(e).
J. From June 11, 1999 to June 18, 1999, DWQ collected surface water samples from
Elder Creek where SR 1922 crosses the creek. The samples were collected each
day at the same location and in compliance with standard sampling protocol and
chain of custody requirements. The results are shown in the following table along
with the calculated geometric mean values (in total colonies/100m1 units).
Date Fecal Coliform
(m/d/y) (colonies/100ml units)
6/ 11 /99
22,000
6/ 12/99
200
6/ 13/99
5,050
6/ 14/99
4,700
6/ 15/99
- 60,000
6/ 16/99
5,600
6/ 17/99
2,800
6/ 18/99
2,000
Geometric Mean for samples (6/11/99 through 6/18/99) = 4,589 colonies/100 ml.
Seven of eight samples (87.5%) exceeded the 400 colonies/100 ml level.

K. The cost to the State of the enforcement procedures in this matter totaled
$2,057.84.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Errol B. Quinn is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. An unnamed tributary to Elder Creels constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constitutes making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. The above -cited failure to notify DWQ of a discharge within 24 hours of first
knowledge constitutes a violation of Condition No. III. 6. a. of the General Permit.
E. Errol B. Quinn violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(b) on June
I and June 12, 1999 when the water quality standard for dissolved oxygen
applicable to Elder Creek was exceeded.
F. Errol B. Quinn violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(e) during the
period from June I through June 18, 1999 when more than 20% of the samples
examined during the period exceeded 400 fecal coliform colonies/ 100m1.
G. Errol B. Quinn 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 who
is required but fails to secure a permit required by G.S. 143-215.1 or who violates
or fails to act in accordance with the terms, conditions, or requirements of such
permit or any other permit or certification required by G.S. 143-215.1.
H. Errol B. Quinn 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 twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-214.1, 143-214.2, or 143-215.1.
I. The State's enforcement costs in this matter may be assessed against Errol B. Quinn
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).

J. 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, Errol B. Quinn is hereby assessed a civil penalty of:
$ S 3 so • oo for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$0 O o , 06 for violating Condition No. III. 6. a. of the General Permit
by failing to notify DWQ of a discharge within 24 hours of
first knowledge
$ S . S 0 O . o o for '2 of two violations of G.S. 143-215.1(a)(6) and
15A NCAC 2B4O211(3)(b) by exceeding the water quality
standard for dissolved oxygen on June 11 and June 12,
1999.
$ 2 . -x E e-, for violating G.S. 143-215.1(a)(6) and NCAC
2B.0211(3)(e) when more than 20% of the samples
examined during the period from June 11 through June 18,
1999 exceeded 400 fecal coliform colonies/100ml.
$ S. a0n , oo TOTAL CIVIL PENALTY, which is 30 percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 2,057.84 Enforcement costs
$ VA " a S 7 . Q! 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;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T_ Stevens, Director
Division of Water Quality

State of North Carolina
Department of EnvironmrL
ECEIVEDA4irAr
and Natural Resources , � � 19 '999
Division of Water QualityEL
,Tarries B. Hunt, Jr., Governor'
-- CDENR
Wayne McDevitt, Secretary
Kerr T. Director NORTH CAROLINA DEPARTMENT OF
Stevens, ENVIRONMENT AND NATURAL RESOURCES
July 15, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Errol B. Quinn
Errol Quinn Farm
218 J.B. Stroud Road
Magnolia, NC 28453
SUBJECT: Request for Payment of Fish Kill Damages
Pursuant to General Statute 143-215.3(a)(7)
Duplin County
Dear Mr. Quinn:
This cover letter transmits a request for payment of fish kill damages and associated lab costs in
the amount of $1,384.51, including $900.10 in investigative costs incurred by the Wildlife Resources
Commission and the Division of Water Quality.
You are hereby requested to pay within thirty days the sum of $1,384.51 to the Department of
Environment and Natural Resources for fish kill damages resulting from the hog waste discharge on June
11, 1999.
The payment should be by check made payable to the Department of Environment and Natural
Resources_ Please submit payment to the attention of:
Ms_ Coleen Sullins
Water Quality Section
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Failure to make payment within thirty days will result in this matter being referred to the Attorney
General's Office with a request to initiate a collection action in Superior Court.
If you have any questions, please contact Steve Lewis of the Division of Water Quality at (919)
733-5083, ext. 539 or Frank McBride of the Wildlife Resources Commission at [phone], ext. 283.
Sincerely,
Kerr T. Stevens
cc: ce—
WilmiiigtonRegona il-Offi
Public Information Officer
Frank McBride -- Wildlife Resources Commission
P.O. Box 29535, Raleigh, North Carolina 2762b-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

® North Carolina Wildlife Resources Commission KN
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
July 1, 1999
Linda Forehand
Nondischarge Compliance/Enforcement Unit
Division of Water Quality
Post Office Box 29535
Raleigh, NC 27626-0535
Subject: Elder Creek Fish Kill
Duplin County
June 10, 1999
Dear Ms. Forehand:
The Elder Creek fish kill investigation has been completed. The fish replacement costs
and investigative costs for Wildlife Resources Commission staff are $484.41 and $900.10,
respectively. The total amount allocable to this agency is $1,384.51.
Thank you for your assistance. If you have questions concerning this report, please
contact me at [phone] ext. 283.
Sincerely,
dA 11g"Uj,
Frank McBride, Manager
Habitat Conservation Program
Division of Inland Fisheries
attachments
c: Mark Hale, DWQ
Rick Shiver, DWQ

r
elder99.xls
Summary Page 1 of 1
Scenario
1 2 3 4a 4b 4c
Fish Replacement Costs
Replacement fish value $484i41
Number of fish NO _ -."-`
Cost per fish ($0.00) _. 3 �'WIMEEK
Restocking cost per mile r "` ��
T >.�
Miles
Totairig 84,4
Investigation Costs
A. Field Investigation
1. Fisheries Personnel
Salary Salary
Mileage
Mileage Other Total
Name
Hours Rate Cost Mileage
Rate
Cost Costs Cost
Bradi Hammers
`12tQ0
$ 18.15
$ 217 BD
q06
$ 0.38
40:28
$W
W3,2:D8
Ma osa n Fiemdon
_ ..
73`.QDj
$ 13.80
794D
_ 6
$ 0.32
$ 3W2i
;S i4 00-
l 224:121-
Subtotal - Fisheries
2. Enforcement Personnel
Name
25'UOI
Hours
1!5M387-2t#,
Salary
Rate
. =20 J
Salary
Cost Mileage
i.1 ODt � SS OOi S r_ ._ 536: 6.)
Mileage Mileage Other Total
Rate Cost Costs Cost
ChadaStazbuck, ; +
501
mew-
$
12.53
I<$ 1$ BD
p
$ 0.38
S, JLV4C0
-°
1, .3s201
Andrew�Vlfa"T_drop
WN 4?501
$
16.68
J5 _ 7546i
' --80�
$ 0.38
F9,30:"40
$ - 1fl545
1105n,Mci nney
&M152,Q011
$
12.53
$ 0.3811
26 60
i$.g„ 89 25?
auuwia- �iiuic.ciccic
I:�"s.kk'c"�i
lft-.vz�};.�g.a�l
B. Report Preparation
Salary
Salary
Name
Hours
Rate
Cost
BradNammers,.�
5OOt
$
18.15
$ Dw75
ErariklMc n e '-
2 OD:
$
24.12
L$ 48'24
Subtotal - Fisheries
7i00'
$ ~138 993%
Fish Replacement Costs
User Value Lost
Investigation Costs
Grand Total
Total
Cost

e1der99.x1s Stratum 1 Page 1 of 2
2
3
4
5
Total
Value/Fish
Total Value
Species Group
Segment
Inch Class
1 2 3 4 5 6 06" Ibs>6"
Total
Golden Shiner
1
2
3
4
5
Total
Value/Fish
Total Value
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Species Group Segment 1 2 3 4 5 6 7 B B 10 11 12 13 14 014" Ibs}14" Total
Catfish 1 6J 13t E2� j32 47 �3 41 .st 1t 64
Bullheads 2
3
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Total ¢ 312� 32; . 7�d 32j Sf M 1,A „
VoluelFish t$ CI ¢2 ¢3 $. U 4 ts. , Q! 12 5 ¢ 14t tytj 0'14# S dk1Si �S Ot1Bt !,$S IN¢;21 tS 0 267 �$1 ¢l36� t ,a 47 t 0',53� tE ¢t69 $1 if 0
Total Value t)' t.. 756 I� . ]s $# t . 4 43) t. ' 9i 5. 1� !_'r a!CL I RUNRL01

elder99.xls
Stratum i Page 2 of 2
Species Group
Segment
Inch Class
1 2 3 4 5 6 7 a 9 10 11 12 0>12" Ibs>12"
Total ,
Chain Pickerel
RedFin Pickerel
Northern Pike
1
2
3
4
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Value/Fish
Total Value
3 ,.,.<. I
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NC ENR
Fish Kill Field Investigation Form
Send To: DWQ Environmental Sciences Branch Attn. Mark Hale or Mark Vander Borgh
4401 Reedy Creek Rd. Raleigh , NC 27607 [phone] Fax; [phone]
email: mark—[e-mail]
A "�
T
NCDENR
Kill Investigation No. (ESB Use Only)
Investigation Date/Time:6/11/99
Investigators: Brad E. Hammers and Mason Herndon
Organization:NCWRC I Regional Office:
Address:668 Tyree Rd, Kinston, NC 28504 Phone:[phone]
Reporting party:Anonymous/Raleigh dispatch
Address:
Phone
Coinvestigators:DWQ
Address:
Phone
Manhours Required:36
Location:
Waterbody:Elders Creek
I Station:
ISubasin:
County:Duplin
Nearest Town/Landmark:Kenansville
Tributaries affected:Elders Creek
Latitude/ Longitude:
Attacn map aescrrnrng area of event ana provtae coorarnates
Date Began:(First Reported): 6/10/99 1 Ti
At time of investigation: kill or disease event is in progress
Extent of Kill or Disease: River miles:3 I Li
Event Duration: Estimated length in days.4 I Hours:
Total Mortality
Estimated total finfish killed:950 Other organisms (observable):
Finfish Species Affected:
Species: sunfish (all species)
I
Size Range:3-$ I Approx No. 600
In Distress/dying
Dead®
Decayed ®
I Percent observed w/ sores or lesions:
Species: bullheads/catfish
I
Size Range:3-11 I Approx No. 160
In Distress/dying ❑
Dead®
Decayed ®
IPercent
observed w/ sores or lesions:
Species: golden shiner
I
Size Range:5-8 I Approx No. 100
In Distress/dying ❑
Dead®
Decayed ®
I Percent observed w/ sores or lesions:
Species: pickerel
I
Size Range:5-12 I Approx No. 20
In Distress/dying ❑
Dead®
Decayed ®
IPercent observed w/ sores or lesions:
Other Organisms Affected (crustaceans, mollusks, insects, terrestrial animals, etc.)
Fish Disease Observations:
Lesions/ Sores: ❑ Injuries: [—] Flared Gills: ❑ Excessive Mucus: Tumors: [:] Visible Parasites: �
Gasping: ❑ Loss of equilibrium: ❑ Erratic behavior: ❑ Attempts to leave water: ❑ Lethargy:[:]
Convulsions: ❑ Other:❑ Describe:
General Lesion and Sore Information:
Size (cm): Location (view fish diagrams below):
Appearance/Comments:

Physical Observations
Station: SR1921 Station No. Time: 0900
Cloud Covermone Seas: Air Temp: I Precip:
Wind Direction: none
Wind Speed: Secchi Depth:
Bottom Depth:
Prior Weather (3-4 days):Hot and dry - 90's
Outfalls present: Y N❑ Describe:
Spills in area? (Describe):
Other Activity:water had purplish -pinkish color with slight animal odor
Depth (m)
D.O.
(mg/Kg)
% Saturation
pH
Temperature (C°)
Conductivity
Salinity
(ppt)
Surface
0.6
21.5
1.0
2.0
3.0
4.0
5.0
Algal Bloom Description: If bloom occurs without a fish kill, fill out Algal Bloom Report Form only and
send toESB, Ann: Mark Vander Borgh
Visual Signs:
❑ Discolored Water
Describe:
❑ Flecks, Balls, Filaments
Describe:
❑ Surface Film
Describe:
❑ Other
Describe:
Taste/odor complaints:
Biological and Chemical Samples
Fish(Describe):
Iced, Preserved?
Station:
Sample No.:
Contact for results:
Phone:
Algae/ Plants(Describe):
Iced, Preserved?
Station:
Sample No.:
Contact for results:
Phone:
Other(Describe):
Iced, Preserved?
Station:
Sample No.:
Contact for results:
Phone:
Chemical Samples: metals[—] pesticides❑ nutrients❑ chlor a❑ other❑ Describe:
Station:
Sample No.:
Contact for results:
Phone:
and/or videos taken?
Additional Comments, Observations, Conclusions (attach additional sheet if necessary):DWQ investigated and
discovered broken pipe irragation pipe. A pick-up was requested. A formal report of results will be completed
and forwarded to DWQ Wilmington Office.

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■ Complete, Items 3, 4a, and 4b.
9LL44f r Print your name and address are the reveraa of this form so that we can pattern Nis
+ Ord to you
> ■ Attach this form to the front of the rnailpiece, or on the bad* it apace does not
� pew.
■ Write Return ReaeOt RequestmFon the mailpiece below the article number.
■ The Return Receipt will show do whom the article was delivered and the date
delivered.
0 J. Article Addressed to: 4a , d
E4b. Service
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address $
2. ❑ Restricted Delivery a
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✓! /f�/E-��G�,` ��J/ ❑ Return Receipt for Merchandise
(JS� 7. Date of Delivery
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eived ay: Pint Name) B. Addressee's Ad
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Retum

Vol
'State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
July 9, 1999
CERTIFIED MAIL P 455 445 991
RETURN RECEIPT REQUESTED
Mr. Errol B. Quinn
Errol Quinn Farris
218 J.B. Stroud Road
Magnolia, NC 28453
IT f
NCDENF1
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Errol Quinn Farm
Facility Number: 31-101
Duplin County
-Dear Mr. Quinn:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is
considering submittal of a recommendation for enforcement action to the Director of the Division of Water
Quality. The recommendation concerns the violation of Title 15A of the North Carolina Administrative Code,
Chapter 2, Subchapter 2H, Section .0217(d). On June 11, 1999, in response to a fish kill report, Mr. Brian
Wrenn and Mr. Steve West from the Wilmington Regional Office of the Division of Water Quality inspected
your animal operation and the waste utilization system associated with your operation. It was discovered that
a flex hose had become unclamped and leaked animal waste. This waste had discharged into a nearby
unnamed tributary of Elder Creek causing a fish kill in Elder Creek. Elder Creek is class "C-Swamp" water
of the State in the Northeast Cape Fear River Basin. In addition, you indicated that the incident occurred on
June 9, 1999, but you did not notify the Wilmington Regional Office of the DWQ of the discharge until the
inspection on June 11, 1999.
If you have an explanation for this violation that you wish to present, please respond in writing to me
within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement
action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement
package for his consideration.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

i.'
Mr. Errol Quinn
July 9, 1999
Page 2
If you have any questions concerning this matter, please contact Mr. Stonewall D. Mathis, or myself
at the Wilmington Regional Office at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Compliance Section
Wilmington Files
S :1WQS1Stoneyl3 I -10I .roe.wpd
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

Mr. Errol B. Quinn
218 J.B. Stroud Rd.
Magnolia, NC 28453
910-296-0503
July 15, 1999
Facility #31-101
Mr. Rick Shiver
NCDENR
Division of Water Quality
127 North Cardinal Drive
Wilmington, NC 28405
Dear Mr. Shiver:
JUL 1g1999
$Y:
I am writing this letter in response to the , "Notice of Recommendation for
Enforcement," dated July 9, 1999.
I own a small family farm in Duplin County. This farm is my livelihood and I take
pride in it. Last fall, I decided to upgrade my farm and install an underground
irrigation system I contacted an Irrigation Specialist and he designed an irrigation system
that best suited my farm This system was designed and installed in March 1999, according
to Natural Resources Conservation Service standards and specifications. (See Attached)
During the first phase of the design process, I made the suggestion that the Z-Bar be
placed on top of the dike and underground pipe installed instead of aluminum pipe on top
of the ground. I was told that this would not be approved because of possible wetland, so
I did not pursue this any further.
Recently, when it was discovered that there had been a discharge on my farm, I
made every effort to correct the situation immediately. The circumstances leading to this
discharge were uncontrollable.
This system cost approximately $25,000, and was installed as specified. Due to the
short time since installation, the third time being used, and it being operated as designed and
approved, I do not feel the discharge was an operators error; and therefore, a fine should not be
assessed.
rrol
Sin S_ ely,
B_ Quinn

TOM CROCKETT IRRIGATION, INC. • P.O. BOX 390 • WILLIAMSTON, NORTH CAROLINA 27092 • 919-792-3121
March 30, 1999
H. D. Jones
USDA-NRCS
P 0 Box 2771
Kenansville, North Carolina 28349
Dear Mr. Jones,
The underground waste system designed and installed for
Errol B. Quinn meets USDA -Natural Resources Conservation
Service qualifications. The pipe is about three feet deep;
all fittings were properly cleaned and glued in place. More
than enough concrete was used to thrust block the ends,
ninety -degree elbows, and at the pump discharge. There
were no leaks in the system and the system operated as
designed with adequate pressure, sprinkler coverage,
and proper buffers from the ditches.
If I can be of any further help please call.
Since ely,
Preston L. arker, Jr. (Vern)
TOM CROCKE'LT IRRIGATION, INC.
PLP/jda -
cc: Errol B. Quinn
218 J. B.-Stroud Road
Magnolia, North Carolina 28453

t .
rm IRR-2
Tract #
eld Size (acres) = (A)
Fann (homer
Owners Address
Owners Phone #
r
l
Lagoon Liquid Irrigation Field Record
One Form for Each Field Per Crop Cycle
Facility Number I gw5310 /a t_
Irrigation Operator ER124D
Imtgatlon Operator's
Address 2 IV I,IF
Operators Phone # o So 3
From Animal Waste Management Plan
Recommended PAN
Crop Type OfaS-5 a Loading Qb/acre) a (e) I d2oZ57-'
(1) (2) (3) (4) (g) (6) M (a) (9)
(10)
Irrigation
Date
Wdd/yr)
Start Time
(hr:min)
End Time
(hrmin)
Talal Minutes
(3) - (2)
# of Sprinklers
Operating
flow fiats
(gallmin)
Total Volume
(gallons)
(4) (5) (a)
Volume Per
Acre (gaUac)
(7) (A)
Waste Analysis i
PAN (Ib11000 gal)
PAN Applied
x (Iblac)
Nitrogen Sal
(lb/ac)
$
D
SRO a
o2VOO 0
.38fSca
t (�• 6 a
Crop Cylle
Totals
Owner's Signatureg;�— ., &�, —
Certified Operator (Pdnt) Z9,?b
Operator's Signature
Operator Certification # C
your animal waste management plan for sampling frequency. At a minimum, waste enelysis Is required within 60 days of land applIWIon events.
or fha %0611u .w-PIUAA fw 01+Mra.4inn rnh,mn IVA hrwn tl%l f'.nnfinr,o auhfrnMinn rnh unn 11ni hnm f -wh imn r111 rntinwinn narh nnnUraflrin ownl

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Violator: Errol Quinn
Contact Person: Same
Address: 218 JB Stroud Road, Magnolia, NC 28453
Facility Name: Errol Quinn Farm
Facility #: 31-101
Receiving Stream and Classification: Elder Creek of the Northeast Cape Fear River Basin, Class "C-
Swamp" water
Regional Office: Wilmington
Inspector / Report Prepared By: Stonewall Mathis
Registered Agent: (if applicable)
Address: (if applicable)
Case Narrative: On June 11, 1999, in response to a fish kill report, Mr. Brian Wrenn and Mr. Steve West of the
Wilmington Regional Office of the Division of Water Quality inspected the Errol Quinn Farm. It was discovered
that Mr. Errol Quinn had been pumping waste on the evening of June 9, 1999 when a flex hose that connects the
galvanized pipe carrying waste from the lagoon to the Z-pipe that leads into the spray field irrigation system became
unclamped and leaked animal waste. The waste had discharged into a nearby unnamed tributary of Elder Creek
causing a fish kill in Elder Creek. Elder Creek is class "C-Swamp" water of the State in the Northeast Cape Fear
River Basin. Mr. Quinn indicated he was working around the hog houses at the time that he was spraying. He
heard the pump engine shutdown and went to investigate. He found that the flex hose had become unclamped from
the galvanized pipe causing the system to lose pressure which activated a kill switch and shut off the pump. The
galvanized pipe was approximately five hundred feet in length. According to Mr. Quinn, the waste that was in this
galvanized pipe drained out of the pipe for a period of five to ten minutes until the pipe was empty. The total
discharge was the combination of waste from this pipe plus any waste that was pumped by the pump from the time
the flex hose became unclamped until the pump ceased operation_ This was a minimum 2,935 gallons of waste.
Once the pipe had drained empty, Mr. Quinn reattached the flex hose and resumed pumping. Mr. Quinn did not
provide notification of this incident to the Wilmington Regional Office of the Division of Water Quality within
twenty-four hours as required by the general permit. The Wilmington Regional Office was made aware of this
incident while inspecting Mr_ Quinn's farm as part of the investigation of the fish kill on Elder Creek which was
caused by said incident. Mr. Wrenn and Mr. West established sampling points and took water quality samples.
The discharge killed approximately 950 fish according to Wildlife Resources Commission count and water quality
was affected at least 4000 feet downstream of the spill according to lab analysis data and qualitative physical
parameters.
Farm and/or Company Compliance History: Include a copy of CAFO Designation lettersprevious NOV-s
NOD=s, previous civil assessments, etc.
The referenced facility was issued a Notice of Deficiency on October 12, 1998 for an inspection that was done on
October 8, 1998 in which 100 gallons of waste was found lying under a flush tank of one of the houses due to a tank
overflow. The Permittee was advised through the referenced inspection and NOD that since the farm is under the
general permit, the Permittee is required to notify DWQ within 24 hours of problems that create release of waste
outside the system. The farmer was required to immediately contain this release and place the waste back into the
system if it could be collected.

Amount of Waste Discharged (If applicable), if amount cannot be estimated, what is the rate of flow
reaching surface water: W
The total discharge was the combination of waste that drained from the estimated 500 feet of galvanized pipe plus
any waste that was pumped by the pump from the time the flex hose became undamped until the pump ceased
operation. This was a minimum 2,935 gallons of waste which accounts only for the amount of waste that drained
from the galvanized pipe. The additional amount of waste that was pumped by the pump from the time the flex
hose became unclamped until the pump ceased operation is hard to determine. This additional amount of waste
could be anywhere from a few gallons to thousands of gallons depending upon how long it took the pump to cease
operation once the flex hose became undamped.
Sample Results (If applicable_) with locations of samples taken noted in relation to discharge point:
See attachments.
Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance:
Mr. Quinn described the events that led to the discharge which are related above. Mr. Quinn made no attempt to
stop the waste from draining from the 500 feet of galvanized pipe. Mr. Quinn wrote "The galvanized pipe was
approximately 500 ft long that water drained out of. There was noway to stop the flow of water from the pipe until
it was empty." in his letter describing the incident. Mr. Quinn did not attempt to block or stop the waste from
discharging to waters of the State. Mr. Quinn did not notify the Wilmington Regional Office of the Division of
Water Quality of the discharge within twenty-four hours as required in the general permit.
Fish kill observed? YIN If yes, include report from WRC:
Mr. Brian Wrenn and Mr. Steve West responded to a fish kill in Elder Creek on June 11, 1999. Subsequent
investigation led them to inspect the Errol Quinn Farm at which time they discovered that a discharge had occurred
from the referenced facility causing the fish kill. The Wildlife Resources Commission estimated that 950 fish were
killed valued at $484,41.
Mitigating Circumstances:
None
Recommendation:
The Wilmington Regional Office of the Division of Water Quality is recommending assessment of a civil penalty
to the Director of the Division of Water Quality, pursuant to G.S. 143-215.6A.
Include a copy of the previously completed Animal Operations Inspection Form, pictures and site sketch of waste
flow if waste is discharged to surface waters. Also include violator's response to Notice of Recommendation for
enforcement. If citing cert fed plan or permit condition violations, include copies of permit or plan.
Assessment Factors re uired to be considered by G. S. 143113-282.1 b :
1. The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation:
Water quality samples taken in Elder Creek at points at least 1000 feet and 4000 feet downstream from the
discharge point displayed fecal coliform bacteria levels of 60,000 and 58,000 colonies per 100 mL,
respectively, six days after the discharge. This represents exceedence levels of 300 times and 290 times the
assigned stream standard, respectively. Please see attachments for additional information on the degree and
extent of harm resulting from the violation.

2. The duration and gravity of the violation:
The amount and duration of the discharge are difficult to calculate. The total discharge was the combination
of waste that drained from the estimated 500 feet of galvanized pipe plus any waste that was pumped by the
pump from the time the flex hose became unclamped until the pump ceased operation. This was a minimum
2,935 gallons of waste which accounts only for the amount of waste that drained from the galvanized pipe.
The pipe drained until empty which, according to Mr. Quinn, took approximately 5 to 10 minutes. The
additional amount of waste that was pumped by the pump from the time the flex hose became unclamped until
the pump ceased operation is hard to determine_ This additional amount of waste could be anywhere from a
few gallons to thousands of gallons depending upon how long ittookthe pump to cease operation once the flex
hose became unclamped.
3. The effect on ground or surface water quantity or 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:
The fish replacement costs totaled $484.41 according to the Wildlife Resources Commission. The cost to
rectify environmental damage cannot be easily estimated. The surface water of Elder Creek is class "C-
Swamp" water of the State in the Northeast Cape Fear River Basin. Animal waste discharged into a receiving
stream will degrade water quality due to very high levels of pathogens (IE. fecal coliform bacteria), ammonia,
nutrients, and other dissolved oxygen reducing constituents.
5. The amount of money saved by noncompliance:
The amount of money saved by noncompliance is not known. Mr. Quinn took no actions to stop the estimated
500 feet of galvanized from draining waste until empty. Mr. Quinn took no actions to collect the discharged
waste and introduce the discharged waste back into the waste management system. Mr. Quinn took no actions
to stop the discharged waste from reaching waters of the State. Mr. Quinn did not notify the Wilmington
Regional Office of the Division of Water Quality of the discharge as required by the general permit.
6. Whether the violation was committed willfully or intentionally:
In the opinion of the inspector, the discharge was not willful or intentional.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
The referenced facility was issued a Notice of Deficiency on October 12, 1998 for an inspection that was done
on October 8, 1998 in which 100 gallons of waste was found lying under a flush tank of one of the houses due
to a tank overflow. The Permittee was advised through the referenced inspection and NOD that since the farm
is under the general permit, the Permittee is required to notify DWQ within 24 hours of problems that create
release of waste outside the system. The farmer was required to immediately contain this release and place the
waste back into the system if it could be collected.
S. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $ , as follows:
Staff
Colby,
11.0 hrs.
Hunkele,
6.0 hrs.
Mathis,
9.0 hrs.
West,
4.0 hrs.
Wrenn,
18.0 hrs.
$
938.68
Mileage (954 miles @ $0.31 per
mile)
$
295.74
Photography (film &'Development)
$
10.89
Laboratory costs
$1,900.00
Administrative costs
$
100.00