310810_ENFORCEMENT_20171231

�VQ
NUH I H UAHULINA
Department of Environmental Qual

Type of Visit: 0 Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
(3 Reason for Visit: Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Arrival Time: I /y �. Departure Time: County: D0fLIK) Region:
Farm Name:
Owner Email:
Owner Name: Phone:
Mailing Address:
Physical Address:
Facility Contact:
Title:
Onsite Representative: U-:ru. t5yi2._ -L Integrator:
Certified Operator:
Phone:
Certification Number: q! 8 J S Z
Back-up Operator: Certification Number:
Location of Farm:
Latitude:
Longitude:
Design Current
Swine Capacity Pop.
Wean to Finish
Wet Poultry
Layer
Design
Capacity
C*urrent
Pop.
Cattle
Dairy Cow
Design Current
Capacity Pop.
Wean to Feeder LCM I
Feeder to Finish
INon-Layer
I
Dairy Calf
Dairy Heifer
Farrow to Wean
Farrow to Feeder
Dr.y, Houltr
Design
Ca acit
Current
P■o
Dry Cow
Non -Dairy
Farrow to Finish
Layers
Beef Stocker
Gilts
Non -Layers
Beef Feeder
Boars
Pullets
Beef Brood Cow
L_LOther
Other
I J LlOther
Turkeys
Turkey Poults
DischarEes and Stream Impacts
1. is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWR)
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? (if yes, notify DWR)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any observable adverse impacts or potential adverse impacts to the waters
of the State other than from a discharge?
❑ Yes No ❑ NA [] NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
[] No
❑ NA
❑ NE
❑ Yes eN
❑ NA [3 NE
❑ Yes ❑ NA ❑ NE
❑ Yes No ❑ NA ❑ NE
Page I of 3 2/4/2014 Continued

Facili Number: Date of Inspection: D
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
❑ Yes
No
❑ NA
❑ NE
a. If yes, is waste level into the structural freeboard?
❑ Yes
❑ No
❑ NA
❑ NE
Structure 1 Structure 2 Structure 3 Structure 4
Structure 5
Structure 6
Identifier: LAGXAI (A6001J
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):�
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
ZNo
❑ NA
❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
❑ Yes
Cn No
❑ NA
❑ NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat,
notify DWR
7. Do any of the structures need maintenance or improvement?
[:]Yes
R�No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
FjNo
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑ Yes
t No
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes 01
No ❑ NA ❑ NE
maintenance or improvement?
11. is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes WNo ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop Window 0 Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s):
U. Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes o ❑ NA ❑ NE
15. Does the receiving crop and/or land application site need improvement? [—]Yes Zo ❑ NA ❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes WNo ❑ NA ❑ NE
acres determination?
17, Does the facility lack adequate acreage for land application? ❑ Yes 12fNo ❑ NA ❑ NE
18. Is there a lack of properly operating waste application equipment? ❑ Yes 2No ❑ NA ❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available? [:]Yes 6�0 ❑ NA ❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes VNo ❑ NA ❑ NE
the appropriate box.
❑WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements ❑Other:
21. Does record keeping neZWeekly
provement? If yes, check the appropriate box below. jZYes [:]No ❑ NA ❑ NE
❑ Waste Application Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge? [:]Yes Inspections
❑ NA ❑ NE
23. if selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes 'CNo ❑ NA ❑ NE
Page 2 of 3 21412014 Continued

FAcility Number: - Date of Inspection: ( 1-7
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes o ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes No ❑ NA ❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑Failure to develop a POA for sludge levels
[] Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? Yes VNo
❑ NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
❑ Yes
No
❑ NA
❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes
No
❑ NA
❑ NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
❑ Yes
No
❑ NA
❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface the drains exist at the facility? If yes, check the appropriate box below.
❑ Yes
ZZ/No
❑ NA
❑ NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑Yes
No
❑ NA
❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes
NF
❑ NA
❑ NE
34. Does the facility require a follow-up visit by the same agency?
❑ Yes
90
❑ NA
❑ NE
Comments (refer to question #): Explain any YES answers and/or any additional recommendations or any other comments.
Use drawings of facility to better explain situations (use additional pages as necessary).
It) �A -aZAJ ( sou o&IF- 16 IRG WhX 6 Y E N o q4 -10 . S M d a-�'- cajrg(trl
o N VL(-S & A&D ',CA=06ti . R u W LUS MZS-�%:fjC , s ► Giu CA A TU
��') 1L.C_E-P CAP � of o rC_ C-A 2b WI -TA 2cCA S,
Reviewer/Inspector Name: 6 Iy f N * C_'C Phone(
Reviewer/Inspector Signature: Date: I'D h',114
Page 3 of 3 /4/2 b 14

13

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
January 22, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010-0290-0003-0834-2960
James Kenneth Barnhill
I-40 Nursery # I & #2
745 Piney Woods Rd
Burgaw, North Carolina 28425
Thomas A. Reeder
Director
Subject: NOTICE OF VIOLATION
NOV-2014-PC-0006
Administrative Code 15A NCAC 2T .1304
I-40 Nursery # 1 & 42 No. 31 - 810, Permit No. AWS310810
Duplin County
Dear James Kenneth Barnhill:
John E. Skvarla, l!l
Secretary
On December 12, 2013, staff of the NC Division of Water Resources (DWR) inspected the 1-40 Nursery #1 & #2
and the permitted waste management system. We wish to thank a representative of Mr. James Kenneth Barnhill,
who was present and assisted us during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit
for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in
violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General
Permit No. AWG100000 as follows:
Violation 1:
Failure to record all irrigation and land application event(s) in accordance with Condition III. 6 of the Swine
Waste System General Permit No. AWG 100000.
On December 12, 2013, staff was notified of missing waste application records from April 2013 to September
2013.
Required Corrective Action for Violation 1:
Please provide to our office, a description of the corrective action you will take to prevent this from occurring
again.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterauality.ara
Noi thCarofina
;Vaturallbl
An Equal OpporiunitylAffirmative Action Employer
50% Recycled/10% Post Consumer Paper
Customer Service 1-877-623-6748

Notice of Violation
31-810
January 22, 2014
Page 2 of 2
You are required to provide a written response to this Notice by February 21, 2014. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
If you have any questions concerning this Notice, please contact John Farnell at [phone].
Sincerely,
Ji 'regson
Regional Supervisor
North Carolina Divison of Water Resources
cc: APS CAFO Unit
Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 31-810
G:IWQISHARED/ANIMALSNJUPLIN1201401-810NOV
(Domestic Mail Oni.
For delivery iinformath
■
Certified Fee
M
rk
I3 Retum 4mlpt Fee �kere
p ,(Endorsement Required)
C] 1 Restricted Dellvery Fee
C3 (Endorsement Required)Ir
rU L Total Postage aS Fees ,� % 0 —
O
a
a araoBox No..__� coo ... %-0--
rty"s7ate. Bc1R6,AW I.SotL-I�1 �rzr�ZQ � ,.
Wilmington Regional Office �TOne
127 Cardinal Drive Extension Wilmington, NC 28405 NO Carolina
Phone: [phone] / FAX: [phone]
Internet: www ater u 5l r Aahmally
An Equal Opportunity/Afrmotive Action Employer Customer Service 1-877-623-6748
50% Recycled/10% Post Consumer Paper

o�0� V ArEgpc r{ V ��
PAR Michael F. Easley
e� r �� Governor
Cr �� 04 William G. Ross Jr., Secretary
>_ —f Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 19, 2004
The Honorable Blake Wallace
Duplin County Sheriffs Office
P.O. Box 908
Kenansville, NC 28349
SUBJECT: NOTICE OF SERVICE
Allen Raynor
Dear Sheriff Wallace,
Please serve the attached letter as follows:
Allen Raynor
539 River Road
Wallace, NC 28466
It is our understanding that because we are a State agency, no fee is required for this service.
We would appreciate your returning the completed Return of Service form in the return
envelope.
The Division of Water Quality appreciates this assistance from your department. If you have
any questions or need additional information, please contact Steve Lewis at [phone],
extension 539.
Sincerely,
r
7effrey Poupart
cc: Wj il'a ngton Regionalkoff ee
File # DD 00-007
File # PC 00-073
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affimiative Action Employer
50% recycled / 10% post -consumer paper
ht1pY1h2o.enr.state.nc. us
402A
MEW
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILES # DD 00-007 AND
PC 00-073
COUNTY OF DUPLIN
NOTICE OF SERVICE
IN THE MATTER OF
TO: The Honorable Blake Wallace
Duplin County Sheriff
P.O. Box 908
Kenansville, NC 28349
YOU ARE HEREBY REQUESTED to serve the attached letter in the above entitled
action on the individual listed below:
Allen Raynor
539 River Road
Wallace, NC 28466
Directions:
This the 19th day of March , 2004.
By::te. C2t .,6
Steven C. Lewis
Environmental Specialist
NC Department of Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
[phone] ext. 539

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the
and together with the document(s) was served as follows:
Date Served:
Designated Recipient: Allen Raynor
Place of Service: 539 River Road
(fill in address) Wallace, NC 28466
By:
(Serving Officer)
Check one of the following:
day of , 2004
By personally delivering copies to the named individual
By leaving copies of the Notice of Service and original letter at the named
individual's dwelling, house or place of business with a person of suitable age
and discretion then residing therein. Name the person with whom the copies
were left:
If not served on the named individual, state reason:
, Duplin County Sheriff
(Sheriff Signature)
Service Fee Paid _Waived (State agency) Paid By N/A
Please return this form to:
Steve Lewis
Div. of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
(Date)

OF W A r�9 Michael F. Easley
_G �-L. CEi I Governor
r
O� QVED William G_ Ross Jr., Secretary
MAR nn Department of Environment and Natural Resources
�004 Alan W. Mmak, P.E., Director
B Coleen H. Sullins, Deputy Director
Y' Division of Water Quality
March 22, 2004
MEMORANDUM
TO: Kathy Cooper.
Special Deputy Attorney General
FROM: Alan W. Klimek, P.E. 61
SUBJECT: Request for Collection of Penalties
Please initiate collection proceedings for the case listed below. Mr. Raynor was assessed in December 2000 and
a settlement agreement was reached in September 2002 for a reduced penalty of $20,600.00 plus costs of $1,334.06 with
the agreement that Mr. Raynor would make eight quarterly payments. Mr. Raynor has not made any payments. Copies
of the settlement agreement and the original civil penalty assessment are attached. Please contact me if you need any
additional documentation.
Violator
Allen Raynor— Pender Pork #1 & #2
Case Number
DV 00-064
Date Assessed
December 19, 2000
Date Received
January 10, 2001
Thank you for your assistance in this matter. If you or your staff have any questions, please call Steve Lewis at
733-5083, ext. 539,
ATTACHMENTS
cc: RicfiiShiver, Wilmington Regional Office
File # DID 00-064
Avrpw
ZbEN
Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
1 80o 623.7748

c o v E R
FAX
S H E E T
To: Rick Shiver
Fax #: Programmed (F)
Subject: Allen Raynor v. North Carolina DENR
Date: August 14, 2003
Pages: b, including this cover. sheet.
COMMENTS:
Attached is a letter we are sending to Richard Burrows in reference to the above -
subject case. As you can see, we have not received payment on this Settlement Agreement since
it was fully executed on September d, 2002.
Have a nice day.
From the desk of...
Janet D. Leach
Paralegal
Department of Justice
Environmental Division
Raleigh, NC
[phone]
Fax: 716•6766
jleachgmail_jus.state.nc.us
TO'd 12:8 20, VT find 99Z9-912--616:xPJ N0I133S GWI ' 2J31UM

Statc of North Carolina
ROY CC1OPER De1]artrnent of .iLmgti(:e:
Ai-1 (')MNF:Y P. O. Box 629
FiAL.EIG H
27602-0629
August 14, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Richard Burrows, Esq.
BURROWS & HALL
317 North Norwood Street
Wallace, NC 28466
REPLY TO;
Anlu Lcvcaux, Esq
Environmental Division
aleveaux (j3mai1.jus,3t21e,nc,us
Telephunc: 919/7 l 6.6600
rain: 919/7 t 6-6766
RE- Collection of Unpaid Civil Penalty Assessment, Allen Raynor v.-North
Carolina Department of Environment and Natural Resources
Dear Mr. Burrows:
On August 8, 2002, your client, D. Allen Raynor executed a Settlement Agreement
("Agreement") between Allen Ra for Pender Pork I & 2 and the —North Carolina Department of
atural Resource§ ("DENR"), a copy of which is enclosed. On September 6, 2002, this
Agreement was fully executed by the Acting Director of DWQ, Gregory Thorpe, a copy was
mailed to your office for your records.
In that Agreement your client agreed to make timely payments. On June 6, 2003, this
office made a demand for payment consistent with the terms of the Agreement. As of June 6,
2003, no payment has been received by this office and to date we have not received a payment.
DENR has requested that we commence a lawsuit against Allen Raynor, Pender Pork to
collect the unpaid civil penalty totaling thirty-four thousand, three hundred thirty-four dollars and
six cents ($34,334.06), which includes investigative costs of one thousand, three hundred thirty-
four dollars and six cents ($1,334,06). In order to avoid litigation and the filing of a civil action
against your client, please have your client immediately make a payment. Payments should be
made by check or money order payable to "N. C. Department of Natural Resources" or "DENR",
in the amounts as stated in the agreement and mailed to Sharlene Moses, Attorney General's
Office, P. 0. Box 629, Raleigh, NC 27602-0629. If payments do not begin within ten (10) days
of receipt of this letter, the State will have no option but to pursue all available remedies to
recover the full amount of the penalty, any applicable interest and the costs of court.
ZO'd Ti:8 2O. VT End 99L9-9TL-616:xp3 N01103S CN8-1 8 2OiUM

Richard BwTows
August 14, 2003
Page 2
Thank you for your prompt attention to this matter. If you have any questions, please
contact me at [phone].
Sincerely,
.90�
Anita LeVeaux
Assistant Attorney General
Enclosure: Settlement Agreement
c: Rick Shiver
10 'd Ti: 8 �0, VT find 99Z9-9TL-6T6: xvJ NOU33S GNU-1 '8 'd3iUM

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
ALLEN RAYNOR , PENDER PORK Z & 2 j
Petitioner ]
]
vs. 1
NORTH CAROLINA DEPARTMENT OF ]
ENVIRONNIENT AND NATURAL ]
RESOURCES, ]
Respondent ]
1
IN THE OFFICE OF
ADNEMSTRATI VE HEARINGS
FILE NO. 01 ERR 1109
SETTLEMENT AGREEMENT
The North Carolina Department of Environment and Natural Resources ("DENR"),
Respondent, and Petitioner, Allen Raynor, Pender Pork 1 & 2 ("Petitioner"), hereby enter into this
Settlement Agreement ("Agreement") in order to amicably resolve matters in controversy as it relates
to the civil penalty assessment. This matter arouse out of the assessment of civil penalties and costs
totaling thirty three thousand dollars ($33,000.00), plus investigative costs in the amount of one
thousand three hundred thirty four dollars and six cents ($1, 334,06), for a total amount of thirty four
thousand three hundred thirty four dollars and six cents ($34,334.06), imposed upon Petitioner on
December 19, 2000, for alleged violations of North Carolina General Statute § 143-215.1 et seq.
DENR and Petitioner have reached the following settlement agreement in this matter:
The Petitioncr will pay TWENTY THOUSAND AND N0/100 DOLLARS
(S20,000.00), plus investigative costs of one thousand three hundred thirty four dollars and
six cents ($1,334.06), for a total of TWENTY ONE THOUSAND THREE HUNDRED
THIRTY FOUR DOLLARS AND 06/100 ($21,334.06) ("Settlement Amount"), to DENR
for settlement in the manner hereinafter described. Petitioner shall make eight (8) quarterly
payments, seven of which shall be in the amount of $2,666.75, and the eighth in the amount
b0 'd Ti: 8 F0. VT 6% 99Z9-9TZ-6%: xe3 N01i33S QW-1 'S d31UM

2
3
of $2,666.81. The first payment Shall begin on or before 10 days after Petitioner's receipt
of the next contract swine settlement check for growing swine, and quarterly thereafter in the
respective amounts as above provided. It is understood that the comp(etlon of such payments
shall occur within twenty four months, and not more than twenty four months.
The payments shall be by check made payable to the North Carolina Department of
Environment and Natural Resources (or to "DENR") at the following address:
Ms. Sharlene Moses
Attorney General's Office
Environmental Protection Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
The breach of any condition of Paragraphs one or two by Petitioner will render due
and payable the entire amount of the civil penalty assessment, i.e., thirty three thousand
dollars ($33,000,00), plus investigative costs in the amount of one thousand three hundred
thirty four dollars and six cents ($1,334.06), for a total amount of thirty four thousand three
hundred thirty four dollars and six cents ($34,334.06).
4. Petitioner and DENR expressly stipulate and acknowledge that, by entering into this
Agreement, Petitioner does not admit the allegations contained in the Findings and Decisions
and Assessment of Civil Penalties; however, upon a breach of paragraphs one or two of tlus
Agreement, by Petitioner, the sole issue in any action by DENR is to collect the Entire
amount of the civil penalty assessment, Le., thirty three thousand dollars ($33,000.00), plus
investigative costs of one thousand three hundred thirty four dollars and six cents
($1,334.06), for at total amount of thirty four thousand three hundred thirty four dollars and
six cents ($34,334.06), in accordance with the terms of paragraph four above and will be
limited to the Petitioner's compliance with the terms of this Agreement.
SO'd Z2:8 i0, UT End 99L9-9Tz-6T6:XPd N0I103S QNU-I '8'831df9

5
G
7
DENR agrees to accept the payment of twenty thousand dollars ($20,000.00), plus
investigative costs in the amount of one thousand three hundred thirty four dollars and six
cents($ I,334.06), t'or a total amount of twenty one thousand three hundred thirty tour dollars
and six cents ($21,334.06), in complete satisfaction of the civil penalty assessment subject
to the terms of this Agreement.
Nothing in this Agreement shall restrict any right of DEENR to take any enforcement
action against Petitioner for any 'future violations, ie, violations occurring after December 19,
us full
This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently, and voluntarily.
This the �?. day of 2002.
FOR THE DEPARTMENT OF PETITIONER:
ENVIRONMENT AND NATURAL
PE50URCES:..._-_"'
Director I7. Allen Raynor
Date:
90 'd Z�: 8 20, tiT 6nH 99Z9-9TZ-6T6: xP3 NOMM Wb'S �131UM

WATER 9 LAND SECTION Fax:[phone]
- Sep 18 '02 10:00 P- 01
�
r 1
,
0
t T
�(
E
�
from the desk of..-
Letitia T. 1h11ancy
P, opam Administrator
NPW lustast of 7usticc
P. 0, Bun 629
Tel- 919j 7169-18
F4ix(919y 71 &676A
I4PA61 Wyl jiinlp�5111r 6MC,nC.0
S H E E T
To: Rick Shiver
FAX No.: Programmed
Subject: Allot liaynor v NCUENR
Date: September IS, ZUUZ
Pages: 4 (including cover sheet,)
CnMMF.N I'S:
FAX
+-� lEnclosed is the Settlement Abrrtuie.►tt in the,ahnve ouhject ease. The Srst payment
shall begin after Raynor's receipt of the cel.tlemenl creek for growing
swim. Approximittely what date should we aatkipate the firbi pHyw6i; l?

WATER 9 LAND SECTION Fax:[phone] Sep 18 '02 10:00
STATE OF NORTH CARMINA LN •1EE O.WCE OF
ADIATN STRATIVE HEARINGS
( V GNTY OF DUPLIN FILE NO. O 1 FM 1109
AJ I .F.N R AYNOR, PENDER PORK 1 !i: 21 ]
Pe1'iti��ner ] •
VD.
] 8F.TfT,FM'RNT AGRi✓ENENT
NORTH C;AKOLINA DEPARTMONT OF ]
ENVIRONMENT AND NAIVRAL )
RE',S0 1TR rr,q, 1
Respondent ]
The North Carolina Department of Environment Alul Natural Resources ("DENR"),
Respondent, and Potttioner, Allen Raynor, PenderPork I & 2 ("Petitioner"), 1mr..by this
Sertl ement Agreement ("Agreement") in order to amicably resolve matters in controversy as it rnlattre
to the civil penalty .issecament This matter arouse out of the assessment of civil penalties and costs
totaling thirty three thousand rlollsu.s ($33,OOb.00). plus investigativc costs in tho amount of one
thousand rhree hundred thirty four dallHis and s;x cents ($1,334.06), for a total amount ot•thrrty four
thousand three hundred thirty four dollars and six cents (.314,334 06), imposed upon Fctitioner on
December 19. 2000, for alleged violations of North Carolina General Sw(utr. J 143-7.15 1 of •%eq,
DENR and Petitioner have reached the following settlement agreement in this mauei.
I. The Petitiunei will pay TWENTY -THOUSAND AND N01100 DOLLARS
($20,000 00), plus inve.stignrive cnstti of rmc [bousand three hundred thirty four dollnrra and
six cents (S1,334.06), for a total of TWENTY ONF THni?SAND TIW-C HUNDRED
TIURTY YOU&DOLLARS AND 06/100 (S2.1,334.06) ("Settlement Auiutuu."), in DENR
for settlement in the manner hereinafter desci ibcd. Pedtioner shall snake eight (8) quarterly
payments, seven of which shall be in the amuuut of V,466 75, Anti the eighth iti the amount
P. 02

WATER & LAND SECTION
Fax:[phone] Sep 18 '02 10:01 P.03
of $2,666.81. The 1 rst payment shall begin on or before li cla.ys Al.er Petl6aner's receipt
of the ucxi Gums rct swine settlement check for growing swine, and quarterly thpreafter in the
respective amounts as above provided. It is tinilm NJ i is id 1.1 iat the completion ofsuch payments
,lull occur within twenty four months, and not more than twenty four months.
2. The pdymniits .shall be by check made payable to the Notth Carolina Department of
i�
Environment and Natural keNUt1L1.-XS (nr to Mr-NR") at the following address;
i
r
M^,. Sharlene Moses
Attorney General's Office r
Ea*onmental Protection Division
Pust Office Box 629
Xalrigh, North C`.arotina 27602-9629
i�
3. The breach of any conclitiuu ufParagrahhs one or two by Petitioner will render due
and payable the entire amount of the civil penalty wsscsaiuctlt, i.e., thirty three thousand
dollars (533,oftuu), plus investigative costs in the amount u(opw dinusand three hundred
thirty four dollars and six cents (S 1,314.U6), for a total amount of thirty four rboi,uncl tlu•ee
hundred thirty rom drcllars and six cents 04,334.06).
d. Petitioner And .l7'FNR exPtca�ly stipulate and aclmowicdgc that, by entering into this
Agreemenr, Petitioner dues nut a diitii,lhe allegations contained in the Findings and Decisions
and Assessment of Chit Penalties, however, upr,n a breach of paragraphs one or two of this
Agreement, by Petitioner, the sole issue in any actiun by DE.NR is try milect the Enfrre
nminiill. of 1.e civil penalty assessmcrit, i•e., thirty three thousand dollars ($33,non.no), plies
investigative Gusts of nw- tl,nu•%and thrcc hundred thtrty tour dollars and six cents
(t t,•+•+a r)r;), for ar metal Ammint of thirty fucu ilcousand three hundred thirty tour dollars and
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six cents (S34,114 00), in accordance with the terms of paragraph four above and will be
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[invited to the Petitioner's cornpliancr, With the tcrwa of this Agrccracat•
1 u

WRIER 9 LRND SECTION Fax:[phone] Sep 18 '02 10:01 P.04
5. DENTR agrees to accept the payment of twenty thou-mr l dolla.i:s (320,000,00), plus
iuvr.:stioAt'n►p rmtt in the amount of one thoustwd three hundred thirty four dollars and six
cents ($1, 334.06), for a tntal i mni m I. a rf tw wity one thousand three hundred thuty fb ur dollars
and six cents ($21,334.06), in complete satufactiuu of Ibc. rivil pemalfy acre ment subject
to the terms of this Agreement.
6. 1`lothing in this Amicewont shall rrctrict any right of VENR to takc any enforcement
action against Petitioner for any futnreviolations, iv, violdiumx «ccurr4 after December 0,
2000.
7. This agreement shall be binding upon the parties and is entered into knowingly,
intelligently, and vuluutaiily.
Tht;; the �� _ day ofAugusr�;-20n2.
FORTHE CHE DEPARTMENT OF PETITIONER
ENVIRONMENT &NO NATURAL
RCS0UACESr._ -
19A
Dizcctor U. Allen Raynor
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ROY COOPEZR
.\'rr0 RNEYGE1EKA,L
STA7'[ w
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State of North Carolina
Deparlmenl of Justice
R O. Box 629
RALEIGH
27GO2-OG29
MEMORANDUM
TO: Tommy Stevens, Director of Water Quality
Stonewall Mathis, DWQ Wilmington Regional Office
Geer McVicker, DWQ Wilmington Regional Ofce
Dean Hunkele, DWQ Wilmington Regional Office
FROM: Mary Dee Carraway, Assistant Attorney General
DATE: March 5, 2001
Reply to:
Mary Dee Carraway
Environmental Division
Tel: [phone]
Fax: [phone]
Jai
MAR 0 8 2001
mm
RE: Civil Penalty Assessment Appeal by Alien Raynor Farm: Pender Pork 1 & 2
Pender County, WQDVC 00-064 01-EHR-0145
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.
May 25, 2001 Discovery must be sent to Petitioner to give us enough time to
receive answers prior to hearing.
July 9, 2001 Hearing is set in Wilmington, NC with Julian Mann, III,
Chief Administrative Law Judge presiding. I informed the judge
that this was not a good date for me so the hearing will probably be
continued to a later date.
If you have any questions or comments regarding this case, please call me at:
[phone].
cc" Rick Shiver, Wilmington Water Quality Regional Supervisor
Coleen Sullins

=,BY:
sT Tro,
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Yy J=
State of North Carolina
ROY COOPER Deparlrnertt of .hislice
nTrar NEE GENERA . P, O. Box 629
RALEIGH
2 7602-0629
March 2, 2001
Honorable Julian Mann, III
Chief Administrative Law Judge
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27611-7447
Reply to: Mary Dee Carraway
Environmental Division
Tel: [phone]
Fax-919-716-6N
Rale't�" h, NC 27�0-0629
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Re: ALLEN RAYNOR FARM: PENDER PORK] & 2 v. NCDENR
01-EHR-0145 - Division of Water Quality - WQDV 00-064
Dear Judge Mann:
Enclosed please find an original and a copy of Respondent's Prehearing Statement and
the attached document constituting agency action for the above referenced contested case.
Please not that there is a conflict in scheduling for the week beginning July 9, 2001 for
me and I will not be available for the hearing during that week.
If you have any questions regarding this matter, please call me.
Very truly yours,
0CNNW
Mary Dee Carraway
Assistant Attorney General
Enclosure
T'—
cc: Rick Shiver, FRO- _5
Steve"Lewis, DWQ Central Office

STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF PENDER ADMINISTRATIVE HEARINGS
ALLEN RAYNOR FARM:
PENDER PORK 1 & 2
Petitioner,
v.
NORTH CAROLINA DEPARTMENT
01-EHR-0145
RESPONDENT'S PREHEARING
STATEMENT
OF ENVIRONMENT AND NATURAL ) r CD
RESOURCES
Respondent. )'
ZM
4 -ri .
NOW COMES the Respondent in this contested case, and enters the fol'18wing
c)
PREHEARING statement.
1. Issues, statutes, rules, legal precedents:
A. Issue: Whether the Department of Environment and Natural Resources (DENR)
through its Division of Water Quality (DWQ) [hereinafter, Respondent] exceeded its, authority or
jurisdiction, acted erroneously, acted arbitrarily and capriciously, or failed to act as required by
law or rule in assessing a civil penalty in the amount of $33,000.00 plus $1,334.06 in
investigative costs, against Allen Raynor Farm: Pender Pork I & 2 [hereinafter, Petitioner].
B. Statutes, Rules, Legal Precedents: This contested case involves violations of N. C.
Gen. Stat. § 143-215.1 with a penalty assessment based on the requirements of N.C. Gen. Stat. §
143-215.6A, and the factors set forth in N.C. Gen. Stat. § 143B-282.1(b).

2. Statement of facts and reasons supporting Respondent's position:
The facts and reasons supporting Respondent's position are those set forth in the civil
penalty assessment document. A copy of the "Findings and Decision and Assessment of Civil
Penalties" (Attachment A) is attached hereto, incorporated herein, and submitted herewith as the
document constituting the agency action which prompted the contested case petition filing.
3. The following is a list of the Respondent's proposed witnesses:
1. Kerr T. Stevens, Director, DWQ
2. Stonewall Mathis, DWQ Wilmington Regional Office
3. Greer McVicker, DWQ Wilmington Regional Office
4. Dean Hunkele, DWQ Wilmington Regional Office
5. Other DWQ employees related to this case.
6. AlI of Petitioner's witnesses.
Respondent reserves the right to modify this witness list.
4. Respondent wishes to pursue discovery in accordance with the schedule established by
the Scheduling Order.
5. Location of hearing: Respondent does not object to the hearing location of
Wilmington, North Carolina as set forth in the Scheduling Order.
6. The length of this hearing is expected to be one day.
7. All motions, pleadings and orders should be served on Respondent by mail or delivery
to the undersigned counsel.
-2-

S. Respondent will not be available for hearing in this case for the.week beginning July
9, 2001, as there is a conflict in scheduling with Respondent's attorney.
This the 2nd day of March, 2001.
ROY COOPER
Attorney General
Mmwa�auauur
By: Mary Dee "Carraway
Assistant Attorney General
State Bar No. 19864
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]

CERTIFICATION OF SERVICE
The undersigned Assistant Attorney General certifies that she has this day served a copy
of the foregoing Respondent's Prehearing Statement on the Attorney for the Petitioner by
depositing a copy in the United Sates Mail, first class postage prepaid, addressed as follows:
Richard L. Burrows
Burrows and Hall
P. O. Box 816
Wallace, NC 28466
This the 2nd day of March, 2001.
ROY COOPER
Attorney General
By i�q�q � CAW
Mary D. C way
Assistant Attorney General
State Bar No. 19864
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]

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
December 28, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Allen Raynor
Pender Pork Farm #1 & 42
539 River Road
Wallace NC 28466
A&T:.IWA
71
a E N R
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Pender Pork Farm #1 & #2
Pender County
File No. DV 00-064
Dear Mr. Raynor:
This letter transmits notice of a civil penalty assessed against Allen Raynor in the amount of
S34,334.06, including S1,334.06 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be
the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Subunit payment of the penalty:
Payment should be made directly to the order -of the Department of Environment and Natural
Resources (do not include waiver forn). 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 Fitzpatrick
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
1617 Mail Service Center, Raleioh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 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
execuie 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
ZP
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:
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 150B 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 McLawhom
Registered Agent
Dept. of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

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

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF
ALLEN RAYNOR
FOR MAKING AN OUTLET TO
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
AND FOR VIOLATIONS OF
GENERAL PERMIT AWG100000
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-064
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 bought the Pender Pork #1 & #2 Farm in 1998. Allen Raynor
owned and operated Pender Pork Farm #1 & #2, a swine operation located along
State Road 1332 in Pender County, until on or about June 20, 2000. DWQ was
notified of a change of ownership of Pender Pork Farm #1 & #2 on June 20, 2000.
B.' Allen Raynor was issued Certificate of Coverage AWS710036 under General
Permit AWG100000 for Pender Pork #1 & #2 on November 9, 1998, with an
expiration date of April 30, 2003. This permit does not allow a discharge of waste
to waters of the State.
C. On January 12, 2000, during a routine inspection, DWQ staff observed a
discharge of animal waste by Pender Pork Farm #1 & #2 from crack(s) in one of
the confinement houses to an unnamed tributary to Keith Branch, which is Class
C-Swamp waters of the State within the Cape Fear River Basin.
D. On March 1, 2000, during a routine inspection, DWQ staff observed another
discharge of animal waste by Pender Pork Farm #1 & #2 from the crack(s) in one
of the confinement houses. The discharge was caused by the same circumstances
as on January 12, 2000. This discharge also entered into an unnamed tributary to
Keith Branch, which is Class C-Swamp waters of the State within the Cape Fear
River Basin.

Allen Raynor
File No. DV 00-064
E. Allen Raynor had no valid permit for the above -described discharges.
F. Condition No. V. 3. 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 Ievel that provides adequate
storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot
of structural freeboard."
G. The 25-year, 24 hour storm event for the Pender'Pork Farm #1 & #2 location is
between seven (7) inches and eight (8) inches according to the National Weather
Service, Technical Paper 40, Rainfall Frequency Atlas of the United States, 1961.
H. Based on the 25-year, 24-hour storm event of Pender Pork Farm #1 & #2 which is
between seven (7) inches and eight (8) inches, and twelve (12) inches of required
structural freeboard, -the waste level in the lagoons for Pender Pork Farm #1 & #2
shall not exceed nineteen (19) inches.
I. DWQ staff from the Wilmington Regional Office inspected Pender Pork Farm #1
on February 17, 2000 and observed that the waste level of the Pender Pork #1
lagoon was ten (10) inches which exceeded the level specified in the CAWMP.
J. DWQ staff from the Wilmington Regional Office inspected Pender Pork Farm #2
on February 17, 2000 and observed that the waste level of the Pender Pork #2
lagoon was one point five (1.5) inches which exceeded the level specified in the
CAWMP.
K. Condition No. Z 4. of the General Permit states in part that "In no case shall land
application rates result in runoff during any given application."
L. DWQ staff from the Wilmington Regional Office inspected Pender Pork Farm #1
& 42 on February 18, 2000 and February 22, 2000, and observed runoff from the
sprayfield.
M. Condition No. I. 2. of the General Permit states in part that "The CAWMP is
hereby incorporated by reference into this general permit. ... Any violation of the
CAWMP shall be considered a violation of this general permit and subject to
enforcement actions."
N. The application window for corn in the CAWMP for Pender Pork #1 and #2 is
from March through July.
O. The irrigation records for Pender Pork #1 and #2 show that animal waste was land
applied on corn in Field IA and Field 1 C on January 12, 2000.

Allen Raynor
File No. DV 00-064
P. Condition No. M. 5. of the General Permit states in part that "Records, including
land application events ..., shall be maintained by the Permittee in chronological
and letible form for a minimum of three years."
Q. On January 12, 2000, Mr. Raynor told DWQ that he had land applied animal
waste on Field 2 on or about December 30, 1999. The records show no land
application on Field.2 between August 4, 1999 and February 26, 2000.
R. On February 18, 2000 and February 22, 2000, DWQ observed the application of
animal waste on Field 4. The farm records show no land application on Field 4
between January 7, 2000 and March 2, 2000.
S. On February 22, 2000, DWQ observed the application of animal waste on Field 7.
The farm records show no land application on Field 7 on February 22, 2000.
T. Condition No. II. 2. of the General Permit states in part that "a vegetative cover
shall be maintained on all land application fields and buffers in accordance with
the CAWMP.".
U. The irrigation records show that animal waste was applied on wheat in Field 3 on
October 19, 1999, October 22, 1999, December 2, 1999 and January 7, 2000.
Neither wheat, nor any other crop, was planted on this field during this time
frame.
V. The irrigation records show that animal waste was applied on wheat in Field 4 on
October 20, 1999, October 23, 1999, December 1, 1999 and January 7, 2000.
Neither wheat, nor any other crop, was planted on this field during this time
frame.
W. The irrigation records show that animal waste was applied on wheat in Field a on
October 21, 1999, October 24, 1999, December 3, 1999 and January 8, 2000.
Neither wheat, nor any other crop, was planted on this field during this time
frame.
X. The irrigation records show that animal waste was applied on wheat in Field 6B
on December 1, 1999. Neither wheat, nor any other crop, was planted on this
field during this .time frame.
Y. The irritation records show that animal waste was applied on wheat in Field 6C
on November 29, 1999. Neither wheat, nor any other crop, was planted on this
field during this time frame.
Z. The cost to the State of the enforcement procedures in this matter totaled $1334.06.
3

Allen Raynor
File No. DV 00-064
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. I43-215.6A pursuant to
G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributary to Keith Branch constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharges constitute making an outlet to waters of the State for
purposes of G.S. I43-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
E. The above -cited failures to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 3. of the General Permit.
F. The above -cited instances of .runoff of animal waste from the sprayfield violated
Condition No. II. 4. of the General Permit.
G. The above -cited application of animal waste on corn outside the application
window specified in the CAWMP violated Condition No. I. 2. of the General
Permit.
H. The above -cited failures to maintain accurate records of land application events
violated Condition No. III. 5. of the General Permit.
I. The above -cited instances of land application events applied to fields without
appropriate cover crops violated Condition No. II. 2. of the General Permit.
J. 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 who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1.
K. 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.
4

Allen Raynor
File No. DV 00-064
L. 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. 143B-282. I (b)(8).
M. 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:
for 2 of two violations for making an outlet to the
waters of. the State without a permit as required by G.S.
143-215.1 on January 12, 2000 and March 1, 2000
$. �,, O 4 b • r,o for I- of two violations of Condition No. V. 3. of the
General Permit by failing to maintain the liquid level in the
lagoons at the level specified in the CAWMP
for 2 of two violations of Condition No. II. 4. of the
General Permit for runoff of animal waste from the
sprayfield
S. oho . 0 0 for 2- of two violations of Condition No. I. 2. of the
General Permit by applying animal waste outside the
application window specified in the CAWMP
o for ! of four violations of Condition No. M. 5. of the
General Permit for failing to maintain accurate records of
land application events
S o o . d a for j 4 of fourteen violations of Condition No. H. 2. of
the General Permit by failing to maintain a vegetative cover
on all land application fields as specified in the CAWMP
W1

Allen Raynor
File No. DV 00-064
$ a . TOTAL CIVIL PENALTY, which is 12. !o percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 1334.06 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;
(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.
2—\ �oo.C�.
(Date) Kerr T. Stevens, Director
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) - WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for violation(s) as
set forth in the assessment document of the Director of the Division of Water Quality dated,
the undersigned, desiring to seek remission of the civil penalties, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged
in the assessment document.
This the day of , 19
SIGNATURE
ADDRESS
TELEPHONE

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Nov +27 01 04:58p
■
KICHARD L. BURROWS
PRBDRIC C. HALL
Burrows a Hall
3'
„Bup-p-ows 8 HALL.
r ATTOKNEYS AT LAW
317 NORTH NOKWOOD 5TREET
P.O. BOX 816
WALLACE. NC 28466
5
[phone] p.l
FAX TRANSMITTAL COVER SHEET
DATE:(( - 01 ? - 0_I 'TIME:
"PLEASE DELIVER THE FOLLOWING PAGE(S) TO:
NAME:
LOCATION:
FAX #: c bra > --- '900
"THIS FAX DOCUMENT ORIGINzATING FROM:
BURROWS AND HALL, ATTORNEYS
WALLACE, NORTH CAROLINA 28466
TELEFAX NO.: [phone]
TELEPHONE [phone](500
PACSWRE (910) 285-77GG
TOTAL. PAGES INCLUDING COVER SHEET: ✓�j
"IF ALL PAGES NOT RECEIVED PLEASE CONTACT SENDER
- AT [phone] OR [phone].
**SPECIAL INSTRUCTIONS: k-),
The information curtained in this fax transmittal message is ATTORNEY PRIVILEGED AND CONFIDENTIAL
INTO%i IATION untended oily for the use of the individual or entity named as recipient. If the reader is not the
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return the original message to us at the address; indicated on this letterhead, via the United States Mail.

Nov 27 01 04:58p Burrows a Hall [phone] p•2
AICHARa L. BURROWS
FREURIC C. Hr1LL
Ms. Arcata LeVenux
Asst. Attorney General
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
Re: Allen Raynor
Vs: DENR
01 EHR 0145
Dear Anita:
B L1 RROWs 6 HALL
ATTORNEYS AT LAW
317 NORTH NORWOOD 5TREET
P.O. BOX 816
WALLACE. NC 28J66
September 17, 2001
TELemiONL 40101 285.3C390
FAC51MILE [phone]
As requested by Mr. Shiver, the following is an outline of the problems we have,with the
penalty assessment against Mr. Raynor, -and why Mr. Raynor contends that the settlement offer of
$23,334.06, was excessive, The total penalty assessment was $33,000,00 and costs in the amount
of $1,334.06, for a total of $34,3'34.06.
1. $9,000 was assessed for two violations for malting an outlet. I assume that was based upon
Findings Nos. I, C and D, which are the alleged crack in the foundation that the inspector said he saw
on January 12 and March 1, 2000. Mr. Raynor and other witnesses will testif}, that there was never
a crack in the foundation, and that the spill occurred as a result of hurricane caused damage to the
insulation that goes into the overflow or. dump pipes that emptied the drainage pits. The waste went
out of the back door sill, not through a damaged foundation. Mr. Raynor and his crews had cleaned
the insulation out after the first event, and thought they had it all, brrt as a result of the second
overflow they found that they had not discovered all of the damaged insulation. Also, Mr. Raynor
contends that the overflow did not get into any ditches or tributaries of waters of the state, but simply
went into a low area behind the buildings, and went no further. Also, the amount that spilled out of
the house was very minor,
2. $2,000.00 was assessed for two violations of lagoon heights. This farm had two lagoons,
both of which were found to exceed the 19" freeboard requirement on February 17, 2000. Again,
that stemmed from 25 year, 24 hour storm events in September, 1999, from the hurricanes.
Throughout the remainder of the winter, it rained so much that it was almost impossible to
have reduced the lagoons to the required,d9" freeboard level. He had no place to haul the waste to,
and practically every farm in eastern North Carolina was wet and unsprayable. It was not within his
powers to take the pigs off' of the farm, because there was no place to haul them to.

Nov 27 01 04.58p Burrows & Hall t9101285-7766 p.3
7
Ms. Anita Leveaux
Page Two
September 17, 2001
3. $2,000.00 was assessed for runoff from the spray fields. Mr. Raynor was doing exactly
as instnicted by the DENR staff, i.e., spraying to avoid a breach of the lagoon dike walls. When so
instructed the fields were saturated, lie had the choice of either not spraying and facing an inevitable
breach of the dikes, or spraying and having sonic runoff. Tlie instntctions he clearly remembers was
to not let the dikes breach, and try to avoid and minimize any runoff.
4. $2,000.00 was assessed for land applications outside of the CAWMP application window.
The records reflect that only one application was outside of the thirty day window. Apparently, no
provision was made for the planting of wheat that occurred within the thirty day window. Mr.
Raynor's records reflected that he had planted a winter cover crop on two occasions, the first of
which was flooded out completely, and the second of which was planted within the thirty day period.
5, $1,000.00 of the total of $4,000,00 was assessed for improper record keeping, Finding Q
alleging that Raynor admitted spraying on Field No. 2, but having no record of it. Mr. Raynor
categorically denies any such admission, and thinks that arose out of a n>isunderstandin; on the part
of the DWQ inspector.
6. $14,000,00 was assessed for failing to maintain a vegetative cover. As Mr. Raynor's
records reflect, lie planted wheat in the fields as a cover crop, but it drowned. He then replanted it
in early January, 2000, but it was still very wet and slow in coming up. This arose out of the same
events leading to the application events penalty assessments, and constitutes a duplication of
penalties.
7. The investigative costs of $1,334.06 are excessive, and resulted, primarily, from Mr.
Mathis' obsessively and excessively slow,and redundant investiggation. As you will note from other
cases, the normal investigative costs, including laboratory costs, is in the $4 to $500,00 range. All
ofNIr. Mathis' investigative costs nrn between $800.00 to $1,200.00.
I will recommend a $ I 3,000.00 penalty and $650.00 in investigative costs.
Please advise.
Very truly yours,
Richard L. Burrows
RLB -raj
cc'. Mr. D, Allen Raynor
raynoda

4y
State of North Carolina
Department of Environment
and Natural Resources
Division of '.Hater Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Allen Raynor
Pender Pork Farm #1 & #2
539 River Road
Wallace NC 28466
Dear Mr. Raynor:
1—
JAN 0 5 Z001 • •
r �
D E N R
December 28, 2000
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Pender Pork Farm #1 & #2
Pender County
File No. DV 00-064
This letter transmits notice of a civil penalty assessed against Allen Raynor in the amount of
$34,334.06, including $1,334.06 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be
the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment -should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Ms. Linda Forehand Fitzpatrick
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
OR
1617 Mail Service Center, Raleigh, North Carofina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Z. 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:
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 150B 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

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

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF PENDER
IN THE MATTER OF
ALLEN RAYNOR
FOR MAKING AN OUTLET TO
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
AND FOR VIOLATIONS OF
GENERAL PERMIT AWG100000
File No. DV 00-064
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 bought the Pender Pork #1 & #2 Farm in 1998. Allen Raynor
owned and operated Pender Pork Farm #1 & #2, a swine operation located along
State Road 1332 in Pender County, until on or about June 20, 2000. DWQ was
notified of a change of ownership of Pender Pork Farm #1 & #2 on June 20, 2000.
B. Allen Raynor was issued Certificate of Coverage AWS710036 under General
Permit AWGI00000 for Pender Pork #1 & #2 on November 9, 1998, with an
expiration date of April 30, 2003. This permit does not allow a discharge of waste
to waters of the State.
C. On January 12, 2000, during a routine inspection, DWQ staff observed a
discharge of animal waste by Pender Pork Farm #1 & #2 from crack(s) in one of
the confinement houses to an unnamed tributary to Keith Branch, which is Class
C-Swamp waters of the State within the Cape Fear River Basin.
D. On March 1, 2000, during a routine inspection, DWQ staff observed another
discharge of animal waste by Pender Pork Farm #1 & #2 from the crack(s) in one
of the confinement houses. The discharge was caused by the same circumstances
as on January 12, 2000. This discharge also entered into an unnamed tributary to
Keith Branch, which is Class C-Swamp waters of the State within the Cape Fear
River Basin.

Allen Raynor
File No. DV 00-064
E. Allen Raynor had no valid permit for the above -described discharges.
F. Condition No. V. 3. 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 (1) foot
of structural freeboard."
G. The 25-year, 24 hour storm event for the Pender Pork Farm #1 & #2 location is
between .seven (7) inches and eight (8) inches according to the National Weather
Service, Technical Paper 40, Rainfall Frequency Atlas of the United States, 1961.
H. Based on the 25-year, 24-hour storm event of Pender Pork Farm #1 & #2 which is
between seven (7) inches and eight (8) inches, and twelve (12) inches of required
structural freeboard, the waste level in the lagoons for Pender Pork Farm #1 & #2
shall not exceed nineteen (19) inches.
I. DWQ staff from the Wilmington Regional Office inspected Pender Pork Farm #1
on February 17, 2000 and observed that the waste level of the Pender Pork #1
lagoon was ten (10) inches which exceeded the level specified in the CAWMP.
J. DWQ staff from the Wilmington Regional Office inspected Pender Pork Farm #2
on February 17, 2000 and observed that the waste level of the Pender Pork #2
lagoon was one point five (I.5) inches which exceeded the level specified in the
CAWMP.
K. Condition No. II. 4. of the General Permit states in part that "In no case shall land
application rates result in runoff during any given application."
L. DWQ staff from the Wilmington Regional Office inspected Pender Pork Farm #1
& #2 on February 18, 2000 and February 22, 2000, and observed runoff from the
sprayfield.
M. Condition No. 1. 2. of the General Permit states in part that "The CAWMP is
hereby incorporated by reference into this general permit. ... Any violation of the
CAWMP shall be considered a violation of this general permit and subject to
enforcement actions."
N. The application window for corn in the CAWMP for Pender Pork #1 and #2 is
from March through July.
O. The irrigation records for Pender Pork #1 and #2 show that animal waste was land
applied on corn in Field I and Field I on January 12, 2000.
2

Allen Raynor
File No. DV 00-064
P. Condition No. M. 5. of the General Permit states in part that "Records, including
land application events ..., shall be maintained by the Permittee in chronological
and legible form for a minimum of three years."
Q. On January 12, 2000, Mr. Raynor told DWQ that he had land applied animal
waste on Field 2 on or about December 30, 1999. The records show no land
application on Field-2 between August 4, 1999 and February 26, 2000.
R. On February 18, 2000 and February 22, 2000, DWQ observed the application of
animal waste on Field 4. The farm records show no land application on Field 4
between January 7, 2000 and March 2, 2000.
S. On February 22, 2000, DWQ observed the application of animal waste on Field 7.
The farm records show no land application on Field 7 on February 22, 2000.
T. Condition No. H. 2. of the General Permit states in part that "a vegetative cover
shall be maintained on all land application fields and buffers in accordance with
the CAWMP."
} U. The irrigation records show that animal waste was applied on wheat in Field 3 on
October 19, 1999, October 22, 1999, December 2, 1999 and January 7, 2000.
Neither wheat, nor any other crop, was planted on this field during this time
frame.
V. The irrigation records show that animal waste was applied on wheat in Field 4 on
October 20, 1999, October 23, 1999, December 1, 1999 and January 7, 2000.
Neither wheat, nor any other crop, was planted on this field during this time
frame.
W. The irrigation records show that animal waste was applied on wheat in Field 5 on
October 21, 1999, October 24, 1999, December 3, 199.9 and January 8, 2000.
Neither wheat, nor any other crop, was planted on this field during this time
frame.
X. The irrigation records show that animal waste was applied on wheat in Field 6B
on December 1, 1999. Neither wheat, nor any other crop, was planted on this
field during this time frame.
Y. The irrigation records show that animal waste was applied on wheat in Field 6C
on November 29, 1999. Neither wheat, nor any other crop, was planted on this
field during this time frame.
Z. The cost to the State of the enforcement procedures in this matter totaled $1334.06.
3

Allen Raynor
File No. DV 00-064
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Alien 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 .0217 and G.S. 143-215.1.
C. The unnamed tributary to Keith Branch constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharges constitute 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.
E. The above -cited failures to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 3. of the General Permit.
F. The above -cited instances of runoff of animal waste from the sprayfield violated
Condition No.11. 4. of the General Permit.
G. The above -cited application of animal waste on corn outside the application
window specified in the CAWMP violated Condition No. I. 2. of the General
Permit.
H. The above -cited failures to maintain accurate records of land application events
violated Condition No. III. 5. of the General Permit.
I. The above -cited instances of land application events applied to fields without
appropriate cover crops violated Condition No. 11. 2. of the General Permit.
J. 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 who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1.
K. 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.
El

Allen Raynor
File No. DV 00-064
L. 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. 143B-282.1(b)(8).
M. 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:
$ 0,00 , 0 0 for 'L of two violations for making an outlet to the
waters of the State without a permit as required by G.S.
143-215.1 on January 12, 2000 and March 1, 2000
$ _q , O O b . en for it of two violations of Condition No. V. 3. of the
General Permit by failing to maintain the liquid level in the
lagoons at the level specified in the CAWMP
_a d for Z- of two violations of Condition No. II. 4. of the
General Permit for runoff of animal waste from the
sprayfield
$ O o a . o O for '2. of two violations of Condition No. 1. 2. of the
General Permit by applying animal waste outside the
application window specified in the CAWMP
$ o . e o for of four violations of Condition No. M. 5. of the
General Permit for failing to maintain accurate records of
land application events
$ NUN 4000. 00 for -L� - of fourteen violations of Condition No. H. 2. of
the General Permit by failing to maintain a vegetative cover
on all land application fields as specified in the CAWMP
5

Allen Raynor
File No. DV 00-064
$ 3!�. O o d, a o TOTAL CIVIL PENALTY, which is 12, !e percent of
the maximum penalty authorized by G,S. 143-215.6A.
$ 1334.06 Enforcemem costs _
$ 3�J,3314.,046 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
n

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
PERMIT NO.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
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