310831_ENFORCEMENT_20171231

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NORTH CAROLINA .�
Department of Environmental Qua

AGENDA
ENVIRONMENTAL MANAGEMENT COMMISSION
CIVIL PENALTY REMISSIONS COMMITTEE MEETING
GROUP I
512 North Salisbury Street
Archdale Building — Ground Floor
Crime Control & Public Safety Conference Room
Raleigh, North Carolina
September 11, 2008
(Immediately following EMC Business Session)
DIVISION OF WATER QUALITY / DIVISION OF WATER RESOURCES
General Statute § 138A-15 mandates that the Chairman inquire as to whether any member knows of any
known conflict of interest or appearance of conflict with respect to matters before the Commission. If any
member knows of a conflict 'of interest or appearance of a conflict, please so state at this time.
David H. Moreau, Chairman, Presiding
The following agenda items are scheduled for oral presentation.
_
II
08-46 Request for Remission of Civil Penalty by u e� d4
James Brice (PC-2007-0033)
Duplin County — Wilmington Regional Office
08-47 Request for Remission of Civil Penalty by P 47P
James Brice (PC-2007-0034)
Duplin County — Wilmington Regional Office
CP: $ 2,000.00
IC: $ 109.49
Remit: $ .00
Total: $ 2,109.49
CP:
$ 3,000.00
IC:
$ 109.49
Remit:
$ .00
Total:
$ 3,109.49
Page 1-29
Page 1-26
Page 1

The followiny a enda items are not scheduled for oral presentation.
M.
_ �.I or
.�
08-50
Request for Remission of Civil Penalty by
CP:
$ 1,000.00
Page 1-28
Aaron McLawhorn (PC-2007-0013)
IC:
$ 287.38
Craven County — Washington Regional Office
Remit:
$ .00
Total:
$ 1,287.38
08-51
Request for Remission of Civil Penalty by
CP:
$ 1,000.00
Page 1-11
Harmony Estates WWTP (LR-2007-0014)
IC:
$ 100.00
McDowell County — Asheville Regional Office
Remit:
$ .00
Total:
$ 1,100.00
08-52
Request for Remission of Civil Penalty by
CP:
$ 1,875.00
Page 1-14
Town of Fair Bluff (LV-2007-0235)
IC:
$ 64.46
Columbus County —Wilmington Regional Office
Remit:
$ .00
Total:
$ 1,939.46
08-53
Request for Remission of Civil Penalty by
CP:
$ 100.00
Page 1-13
Brookside Village HOA WIA,TP (LV-2007-0422)
IC:
$ 70.00
Henderson County — Asheville Regional Office -
Remit:
$ .00
Total:
$ 170.00
08-54
Request for Remission of Civil Penalty by
CP:
$ 300.00
Page 1-14
Haven, Inc., Pleasant Cove WWTP (LV-2.007-0471)
IC:
$ 65.07
Buncombe County— Asheville Regional Office
Remit:
$ .00
Total:
$ 365.07
08-55 Request for Remission of Civil Penalty by CP: $ 5,000.00 Page 1-55
Shallowbag Bay Dev. Co., LLC (PC-2006-0047)IC: $ 529.74
Currituck County— Washington Regional Office Remit: $ .00
Total: $ 5,529.74
08-56 Request for Remission of Civil Penalty b3 CP: $ 1,000.00 Page 1-51
New Hanover County Water and Sewer District
(PC-2007-0040) IC: $ 36.35
New Hanover County — Wilmington Regional Office Remit: $ .00
Total: $ 1,036,35
08-57 Request for Remission of Civil Penalty by CP: $ 6,000.00 Page 1-80
Page 2

Manuel DeJuan (SS-2008-0001)
' Jackson County — Asheville Regional Office
08-58 Request for Remission of Civil Penalty by
Henderson's Assisted Living (LV-2007-0412)
Henderson County — Asheville Regional Office
08-59 Request for Remission of Civil Penalty by
Henderson's Assisted Living (LV-2007-0424)
Henderson County — Asheville Regional Office
08-60 Request for Remission of Civil Penalty by
H.F. Strickland, Jr. (PC-2007-0042)
Pitt County — Washington Regional Office
IC: $ 480.45
Remit: $ .00
Total: $ 6,480.45
CP:
$ 600.00
IC:
$ 70.00
Remit:
$ 600.00
Total:
$ 70.00
CP:
$ 800.00
IC:
$ 70.00
Remit:
$ .00
Total:
$ 870.00
CP:
$ 7,000.00
IC:
$ 815.79
Remit:
$ ' .00
Total:
$ 7,815.79
Page 1-14
Page 1-14
Page 1-3 8
Page 3

PC-2008-0033 : James Brice -- Facility 31-750
This case involves the occurrence of inadequate freeboard within a waste treatment
and storage lagoon at a concentrated animal feeding operation or swine farm. The
Division of Water Quality visited the farm on February 27, 2008, and observed a
freeboard of sixteen inches. The permit for this farm requires the farm operator to
maintain sufficient freeboard to accommodate a 25-year, 24-hour storm event,
which is roughly 7 inches, plus one additional foot of structural freeboard, giving a
total freeboard requirement of 19 inches.
On Tuesday of this week this farm was revisited at which time the freeboard in its
lagoon was 24 inches, indicating the farm is now compliant.
In addition to the freeboard violation this enforcement assesses an additional
penalty for Mr. Brice's failure to report the freeboard condition to the Division as
required by the subject farm's permit.
The subject farm is one of six permitted swine farm Mr. Brice operates in Duplin
County. The Division's database indicates that collectively these farms have
received 17 Notices of Violation during the last three years. Five of these notices
were for freeboard violations. Inadequate recordkeeping at the farms makes it
difficult for Division staff to assess the history and adequacy of spray activity at
these farms. Despite efforts by Division staff to assist Mr. Brice with improving his
record keeping at these farms, our staff reports indicate that the record keeping has
not improved.
The Division of Water Quality contends that none of the assessment factors have
been wrongfully applied to, furthermore, in his request for remission of civil
penalties Mr. Brice has stipulated to the facts stated in the assessment document.
In summary the Division finds that the responsible party has disregarded their
permit obligations in this matter and we can only recommend that the committee
uphold the full amount of the assessment.
cfs\Bricc 31-750

PC-2008-0033 : James Brice — Facility 31-831
This case involves the occurrence of inadequate freeboard within a waste treatment
and storage lagoon at a concentrated animal feeding operation, in this case a swine
farm. The Division of Water Quality visited the farm on February 27, 2008, and
observed a freeboard of sixteen inches. The permit for this farm requires the farm
operator to maintain sufficient freeboard to accommodate a 25-year, 24-hour storm
event, which is roughly 7 inches, plus one additional foot of structural freeboard,
giving a total freeboard requirement of 19 inches.
Our visit to the farm was subsequent to a report of the freeboard condition from
Mr. Brice as required by the subject farm's permit.
On Tuesday of this week this farm was revisited at which time the least freeboard in
its lagoons was 21 inches, indicating that the farm is now compliant.
The subject farm is one of six permitted swine farm Mr. Brice operates in Duplin
County. The Division's database indicates that collectively these farms have
received 17 Notices of Violation during the last three years. Five of these notices
were for freeboard violations. Inadequate recordkeeping at the farms makes it
difficult for Division staff to assess the history and adequacy of spray activity at
these farms. Despite efforts by Division staff to assist Mr. Brice with improving his
record keeping at these farms, our staff reports indicate that the record keeping has
not improved.
The Division of Water Quality contends that none of the assessment factors have
been wrongfully applied to, furthermore, in his request for remission of civil
penalties Mr. Brice has stipulated to the facts stated in the assessment document.
In summary the Division finds that the responsible party has disregarded their
permit obligations in this matter and we can only recommend that the committee
uphold the full amount of the assessment.
ds/Brice 31-831.wpd

AGENDA
ENVIRONMENTAL MANAGEMENT COMMISSION
CIVIL PENALTY REMISSIONS COMMITTEE MEETING
GROUP I
512 North Salisbury Street
Archdale Building — Ground Floor
Crime Control & Public Safety Conference Room
Raleigh, North Carolina
September 11, 2008
(Immediately following EMC Business Session)
DIVISION OF WATER QUALITY / DIVISION OF WATER RESOURCES
General Statute § 138A-15 mandates that the Chairman inquire as to whether any member knows of any
known conflict of interest or appearance of conflict with respect to matters before the Commission. If any
member knows of a conflict of interest or appearance of a conflict, please so state at this time.
David H. Moreau, Chairman, Presiding
The following agenda items are scheduled for oral presentation.
08-44
Request for Remission of Civil Penalty by
CP:
$ 15,000.00
Karl and Ashley Miller (PC-2007-0048)
IC:
$ 594.11
New Hanover County -- Wilmington Regional Office
Remit:
$ .00
Total:
$ 15,594.11
08-45
Request for Remission of Civil Penalty by
CP:
$ 4,750.00
James Farrar (PC-2007-0076)
IC:
$, 849.21
Harnett County —Fayetteville Regional Office
Remit:
$ .00
Total:
$ 5,599.21
08-46
Request for Remission of Civil Penalty by
CP:
$ 2,000.00
James Brice (PC-200g$0033)
IC:
$ 109.49.
Duplin County— Wilmington Regional Office
Remit:
$ .00
Total:
$ 2,109.49
08-47
Request for Remission of Civil Penalty by
CP:
$ 3,000,00
James Brice (PC-20(S0034)
IC:
$ 109.49
Duplin County— Wilmington Regional Office
Remit:
$ .00
Total:
$ 3,109.49
The following agenda items are not scheduled for oral presentation.
08-48 Request for Remission of Civil Penalty by CP: $ 2,175.00
Town of Saint Pauls (LV-2007-0368) IC: $ 115.17
Robeson County — Fayetteville Regional Office Remit: $ .00
Total: $ 2,290.17
Page
Page
Page
Page
Page
Page 1

08-49
Request for Remission of Civil Penalty by
CP:
$ 10,500.00
Page
Hoyle King (PC-2006-0021)
IC:
$ 1,341.73
Orange County — Raleigh Regional Office
Remit:
$ 4,000.00
Total:
$ 7,841.73
08-50
Request for Remission of Civil Penalty by
CP:
$ 1,000.00
Page
Aaron McLawhorn (PC-2007-0013)
1C:
$ 287.38
Craven County — Washington Regional Office
Remit:
$ .00
Total:
$ 1,287.38
08-51
Request for Remission of Civil Penalty by
CP:
$ 1,000.00
Page
Harmony Estates WWTP (LR-2007-0014)
IC:
$ 100.00
McDowell County -- Asheville Regional Office
Remit:
$ .00
Total:
$ 1,100.00
08-52
Request for Remission of Civil Penalty by
CP:
$ 1,875.00
Page
Town of Fair Bluff (LV-2007-0235)
IC:
$ 64.46 .
Columbus County —Wilmington Regional Office
Remit:
$ .00
Total:
$ 1,939A6
08-53
Request for Remission of Civil Penalty by
CP:
$ 100.00
Page
Brookside Village HOA WWTP (LV-2007-0422)
IC:
$ 70.00
Henderson County — Asheville Regional Office
Remit:
$ .00
Total:
$ 170.00
08-54
Request for Remission oi'Civil Penalty by
CP:
$ 300.00
Page
Havon, Inc., Pleasant Cove WWTP (LV-2007-0471)
IC:
$ 65.07
Buncombe County — Asheville Regional Office
Remit:
$ .00
Total:
$ 365.07
08-55 Request for Remission of Civil Penalty by CP: $ 5,000.00 Page
Shallowbag Bay Dev. Co., LLC (PC-2006-0047)1C: $ 529.74
Currituck County — Washington Regional Office Remit: $ .00
Total: $ 5,529.74
08-56 Request for Remission of Civil. Penalty by CP: $ 1,000.00 Page
New Hanover County Water and Sewer District
(PC-2007-0040) IC: $ 36.35
New Hanover County-- Wilmington Regional Office Remit: $ .00
Total: $ 1,036.35
08-57 Request for Remission of Civil Penalty by
CP:
$ 6,000.00 Page
Manuel DeJuan (SS-2008-0001)
IC:
$
480.45
Jackson County —Asheville Regional Office
Remit:
$
.00
Total:
$ 6,480.45
08-58 Request for Remission of Civil Penalty by
CP:
$
600.00 Page
Henderson's Assisted Living (LV-2007-0412)
IC:
$
70.00
Henderson County —Asheville Regional Office
Remit:
$
600.00
Total:
$
70.00
08-59 Request for Remission of Civil Penalty by
CP:
$
800.00 Page.
Henderson's Assisted Living (LV-2007-0424)
IC:
$
70.00
Henderson County — Asheville Regional Office
Remit:
$
.00
Total:
$
870.00
Page 2

08-60 Request for Remission of Civil Penalty by CP: $ 7,000.00 Page
H.F. Strickland, Jr.. (PC-2007-0042) IC: $ 815.79
Pitt County— Washington Regional Office Remit: $ .00
Total: $ 7,815.79
Page 3

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ADV

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 11, 2008
Mr. James E. Brice.
Old Camp Nursery #1, 2, 3, & 5
725 Old Camp Road
Rose Hill, NC 28458
Subject: Enforcement
Old Camp Nursery #1, 2, 3, & 5
Facility Number: 31-831
Duplin County
PC-2008-0168 z
Dear Mr. Brice:
This package is to replace the package sent on April 10, 2008. An inadvertent mistake was made on the
first of the enforcement letter.
If you have any questions concerning this matter, please do not hesitate to call Mr. John Farnell from the
Wilmington Regional Office at 910-796-7388.
Si rely,
Charles Stehman, Ph.D., P.G.
Environmental Program Supervisor III
cc: Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy -Brown LLC
John College, DSWC-WiRO
APS Central Files
DWQ Wilmington Animal Files 31-831
S:IWQSIANIMALSIDUPLIN0008131-831 NOV
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service 0
Wilmington Regional Office Wilmington, NC 28405 , [phone] Fax [phone] AM

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April 11, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7006 2760 0003 3528 9196
Mr. James E. Brice
Old Camp Nursery #1, 2, 3, & 5
725 Old Camp Road
Rose Hill, NC 28458
Michael F. Easley, Gov&nor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
)~arm # 31-831
Duplin County
File No. PC-2008-0168
Permit No. AWS310831
Dear Mr. Brice:
Coleen H. Sullins, Director
Division of Water Quality
This letter transmits notice of a civil penalty assessed against James E. Brice, in the amount of
$2109.49, which includes $109.49 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 and the Director of the Division of Water Quality.
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 three items:
Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources. Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s). Do not include the attached waiver form if
making payment.
Please send payment to the attention of:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper
om
Nvillicarohna
tUmIly

Mr. Brice
rt April 11, 2008
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts flings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings

Mr. Brice
April 11, 2008
Page 3 of 3
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Keith Larick at [phone].
Yours very truly,
Q_�5 � - 5ttll-�
Charles F. Stehman, PhD., P.G.
Environmental Program Supervisor III
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Program Supervisor w/ attachments
Billy Houston, Duplin county Soil and Water Conservation District w/ attachments
Kraig Westerbeek, Murphy -Brown LLC w/ attachments
John College, DSWC-WiRO w/ attachments
APS Central Files w/ attachments w/ attachments
DWQ Wilmington Animal Files 31-831 w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
File No. PC-2008-0168
IN THE MATTER OF )
JAMES E. BRICE }
}
FOR VIOLATIONS OF SWINE WASTE ) FINDINGS AND DECISION
GENERAL PERMIT. AWG 100000 ) AND ASSESSMENT OF
PURSUANT TO NORTH CAROLINA ) CIVIL PENALTIES
GENERAL STATUE 143-215.1 }
}
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Charles
F. Stehman, Ph.D., P.G., Environmental Program Supervisor III of the Aquifer Protection Section
of the Division of Water (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. James E. Brice owns and operates the Old Camp Nursery #1, 2, 3, & 5, a
swine animal operation located west of Wallace, North Carolina on the west side
of SR 1100 in Duplin County.
B. Mr. James E. Brice was issued Certificate of Coverage AWS310831 under Swine
Waste Management System General Permit AWG 100000 for the Brice Farm 2 &
#3, Bldg 1-11 on July 1, 2007, effective July 1, 2007, with an expiration date of
April September'30, 2009 for the operation of a swine waste collection, treatment,
storage and application system.
C. Condition No. V. 2 of the General Permit AWG100000 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..."
D. DWQ staff from the Wilmington Regional Office inspected the Old Camp
Nursery #1, 2, 3, & 5 on February 27, 2008 and observed a freeboard level of
sixteen (16) inches for Lagoon #3.
E. The costs to the State of the enforcement procedures in this matter totaled
$109.49.

11.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Mr. James E. Brice is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
D. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 2. of the General Permit.
E. Mr. James E. Brice may be assessed civil penalties 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
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Mr. James E.
Brice pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Environmental Program Supervisor III of the Aquifer Protection Section,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, Mr. James E. Brice is hereby assessed a civil penalty of
c'
$ O 00 for violating Condition No. V. 2. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ 109.49 Enforcement costs
$. 2109.49 TOTAL AMOUNT DUE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2008-0168 County: Duplin
Assessed Party: O1d'Camp Nursery 41, 2, 3, & 5
Permit No. (if applicable): AWS310831 Amount Assessed: $2109.49
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver o� Rizht to an Administrative Hearing, and Stipulation o
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties -for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

.0
a,
ra
Er
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date) Charles F. Stchman, .D., P.G.
Environmental Program Supervisor III
Aquifer Protection Section
Division of Water Quality
Retum Receipt Fee
tErrdorsement Required)

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
JAMES E. BRICE
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2008-0168
Having been assessed civil penalties totaling $2109.49 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated April 11, 2008 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of _ .20
SIGNATURE
ADDRESS
TELEPHONE

N.C. DIVISION OF...WATER QUALITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
Received by t"'`'y Date 0'r 9`5CPO $ Time
Emergency
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Phone No.
Check One:
Fish K11 Spill
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Animal NPDES N.D.
Starmw/ater Wetland
Specify:
v
Nature of Referral
nOther,
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Time and Date Occurred
Location of Area Affected
Surface Waters Impacted Classirication
Other Agencies Notified
Investigation Detaffs
Investigator Date
SA W=SHELLSIREPORT. SHL
EPA Region IV [phone] Pesticides 733-3556 Emergency Management 733-3867 Wiidlife Resources 733-7291
Solid and Harardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply 733-2321 Coast Guard MSO 343-4881
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] t Fax [phone]

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0� WA9 Michael F, Easley, Governor
`QC� QG William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
r
Coleen H. Sullins, Director
.� Division of Water Quality
April 11, 2008
Mr. James E. Brice.
Brice Farm 2 & #3, Bldg 1-11
725 Old Camp Road
Rose Hill, NC 28458
Subject: Enforcement
Brice Farm 2 & #3, Bldg 1-11
Facility Number: 31-750
Duplin County
PC-2008-01694L
Dear Mr. Brice:
` This package is to replace the package sent on April 10, 2008. An inadvertent mistake was made on the
first of the enforcement letter.
If you have any questions concerning this matter, please do not hesitate to call Mr. John Farneli from the
Wilmington Regional Office at 910-796-7388.
SMa
Charles St hmbTi, Ph.D., P.G.
Environmental Program Supervisor III
cc: Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy -Brown LLC
John College, DSWC-WiRO
APS Central Files
DWQ Wilmington Animal Files 31-831
S:IWQSWNIMALS1DUPLIN12008131-831 NOV
N. C. Division of Water Quality 127 Cardinal Drive Extension (91 0)395-3900 Customer Service SM
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]mgm

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 11, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7006 2760 0003 3528 9202
Mr. James E. Brice
Brice Farm 2 & #3, Bldg 1-11
725 Old Camp Road
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 31-750
Duplin County
File No. PC-2008-0169
Permit No. AWS310750
Dear Mr. Brice:
This letter transmits notice bf a civil penalty assessed against James E. Brice, in the amount of
$3109.49, which includes $109.49 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 and the Director of the Division of Water Quality.
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 three items:
I . Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources. Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s). Do not include the attached waiver form if
making payment.
Please send payment to the attention of,
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX [phone]
An Equal OpportunitylAifrmative Action Employer— 50°% Recycled110°% Post Consumer Paper
None Carolina
✓vatura!!y

Mr. Brice
April 11, 2008
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings

Mr. Brice
April 11, 2008
Page 3of3
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Keith Larick at [phone].
Yours very truly,
vLJ
Charles F. Stehman, PhD., P.G.
Environmental Program Supervisor III
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Program Supervisor w/ attachments
Billy Houston, Duplin county Soil and Water Conservation District w/ attachments
Kraig Westerbeek, Murphy -Brown LLC w/ attachments
John College, DSWC-WiRO wl attachments
APS Central Files w/ attachments w/ attachments
DWQ Wilmington Animal Files 31-750 wl attachments

,f
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
File No. PC-2008-0169
IN THE MATTER OF }
JAMES E. BRICE )
FOR VIOLATIONS OF SWINE WASTE } FINDINGS AND DECISION
GENERAL PERMIT AWG100000 } AND ASSESSMENT OF
PURSUANT TO NORTH CAROLINA ) CIVIL PENALTIES
GENERAL STATUE 143-215.1 )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Charles
F. Stehman, Ph.D., P.G., Environmental Program Supervisor III of the Aquifer Protection Section
of the Division of Water (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. James E. Brice owns and operates the Brice Farm 2 & #3, Bldg 1-11, a swine
animal operation located west of Rose Hill, North Carolina on the south side of
SR 1118 in Duplin County.
B. Mr. James E. Brice was issued Certificate of Coverage AWS310750 under Swine
Waste Management System General Permit AWG 100000 for the Brice Farm 2 &
#3, Bldg 1-11 on July 1, 2007, effective July 1, 2007, with an expiration date of
April September 30, 2009 for the operation of a swine waste collection, treatment,
storage and application system.
C. Condition No. V. 2 of the General Permit AWG100000 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..."
D. Condition No. III. 13. c of the General Permit AWG100000 states in part that
"The permittee shall report by telephone to the appropriate Division Regional
Office as soon as possible, but in no case more than twenty-four (24) hours
following first knowledge of the occurrence of any of the following events:
Failure to maintain adequate storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition V. 3. of this General Permit."

I
E. DWQ staff from the Wilmington Regional Office inspected the Brice Farm 2 &
#3, Bldg 1-11 on February 27, 2008 and observed a freeboard level of sixteen (16)
inches for Lagoon #1.
F. The Wilmington Regional Office had not received notification from Mr. James E.
Brice that the waste level exceeded the level specified in the CAWMP.
G. The costs to the State of the enforcement procedures in this matter totaled
$109.49.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. James E. Brice is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
D. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 2. of the General Permit.
E. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3. violated Condition
No. III. 13. c of the General Permit.
F. Mr. James E. Brice may be assessed civil penalties 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
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Mr. James E.
Brice pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
H. The Environmental Program Supervisor III of the Aquifer Protection Section,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.

rj
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
�• DECISION:
Accordingly, Mr, James E. Brice is hereby assessed a civil penalty of:
$ for violating Condition No. V. 2. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ for violating Condition No. III. 13. c of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V.3
ng do Enforcement costs
$ TOTAL AMOUNT DUE
U.S. Postal Service,.
CERTIFIED MAIL,, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery lntormallon visit our wedsite at www.usps.comp
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As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 14313-282.1(b), which are:
(1) The degree and extent ofharm to the natural 'resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
2 d
(Date) Charles F. Ste an, Ph.D., P.G.
Environmental Program Supervisor III
Aquifer Protection Section
Division of Water Quality

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2008-0169 County: Duplin
Assessed Party: Brice Farm 2 & 43, Bldg 1-11
Permit No. (if applicable): AWS310750 Amount Assessed: $3109.49
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver _oL ftht to an Administrative HeariM_and _Stipulation of
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. PIease be aware that a request for remission is Iimited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty ,assessment factors in N.C.G; S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining, necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
JAMES E. BRICE } STIPULATION OF FACTS
FILE NO. PC-2008-0169
Having been assessed civil penalties totaling $3109.49 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated April l 1, 2008 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of __�.. _., .20
SIGNATURE
ADDRESS
TELEPHONE

Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 10, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7006 2760 0003 3528 9172
Mr. James E. Brice
Brice Farm 2 & #3, Bldg 1-11
725 Old Camp Road
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm ## 31-750
Duplin County
File No. PC-2008-0169
Permit No. AWS310750
Dear Mr. Brice:
This letter transmits notice of a civil penalty assessed against James E. Hall, in the amount of
$3109.49, which includes $109.49 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 and the Director of the Division of Water Quality.
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 three items:
Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources. Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s). Do not include the attached waiver form if
making payment.
Please send payment to the attention of:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
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N�O�fttCarolina
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Mr. Brice
April 10, 2008
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts flings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings

Mr. Brice
.April 10, 2008
Page 3 of 3
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Keith Larick at [phone].
Yours very truly,
Charles F. Stehman, PhD., P.G.
Environmental Program Supervisor III
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Program Supervisor w/ attachments
Billy Houston, Duplin county Soil and Water Conservation District w/ attachments
Kraig Westerbeek, Murphy -Brown LLC w/ attachments
John College, DSWC-WiRO w/ attachments
APS Central Files wl attachments w/ attachments
WQ�Wilmington Animal -Files 31=750 w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF DUPLIN
File No. PC-2008-0169
IN THE MATTER OF )
JAMES E. BRICE }
FOR VIOLATIONS OF SWINE WASTE ) FINDINGS AND DECISION
GENERAL PERMIT AWG100000 ) AND ASSESSMENT OF
PURSUANT TO NORTH CAROLINA ) CIVIL PENALTIES
GENERAL STATUE 143-215.1 )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1, Charles
F. Stehman, Ph.D., P.G., Environmental Program Supervisor III of the Aquifer Protection Section
of the Division of Water (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. James E. Brice owns and operates the Brice Farm 2 & #3, Bldg 1-11, a swine
animal operation located west of Rose Hill, North Carolina on the south side of
SR 1118 in Duplin County.
B. Mr. James E. Brice was issued Certificate of Coverage AWS310750 under Swine
Waste Management System General Permit AWG100000 for_the Brice Farm 2 &
#3, Bldg 1-11 on July 1, 2007, effective July 1, 2007, with an expiration date of
April September 30, 2009 for the operation of a swine waste collection, treatment,
storage and application system.
C. Condition No. V. 2 of the General Permit AWG100000 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..."
D. Condition No. III. 13. c of the General Permit AWG100000 states in part that
"The permittee shall report by telephone to the appropriate Division Regional
Office as soon as possible, but in no case more than twenty-four (24) hours
following . first knowledge of the occurrence of any of the following events:
Failure to maintain adequate storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition V. 3. of this General Permit."

E. DWQ staff from the Wilmington Regional Office inspected the Brice Farm 2 &
#3, Bldg 1-11 on February 27, 2008 and observed a freeboard level of sixteen (16)
inches for Lagoon #1.
F. The Wilmington Regional Office had not received notification from Mr. James E.
Brice that the waste level exceeded the level specified in the CAWMP.
G. The costs to the State of the enforcement procedures in this matter totaled
$109.49,
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr, James E. Brice is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
D. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 2. of the General Permit.
E. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3. violated Condition
No. III. 13. c of the General Permit.
F. Mr. James E. Brice may be assessed civil penalties 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
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Mr. James E.
Brice pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
H. The Environmental Program Supervisor III of the Aquifer Protection Section,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, 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, Mr. James E. Brice is hereby assessed a civil penalty of:
$ 2000.00 for violating Condition No. V. 2. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
1 nnn nn for violating Condition No. III. 13. c of the General Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure
to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V.3
$ 1 n9.49 Enforcement costs
$ 31_09-49 TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator'in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
O -4 Dv -
(Date) Charles F. Stehman, Ph.D., P.G.
Environmental Program Supervisor III
Aquifer Protection Section
Division of Water Quality

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2008-01.69 County: Duplin
Assessed Party: Brice Farm 2 & #3, Bldg 1-11
Permit No. (if applicable): AWS310750 Amount Assessed: $3109.49
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver _of Right to an Administrative Hearing,_ and Stipulation of
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil'penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully oplied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare far);
(d) the violator had not been assessed civil penalties for any -previous violations;
(e) pqMent of the civil penalty will prevent payment for the remaining necessar
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

•
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CNIL PENALTIES AGAINST
JAMES E. BRICE
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2008-0169
Having been assessed civil penalties totaling _$3109.49for
violation(s) as set forth'in the assessment document of the Director of the Division of Water Quality
dated April 10, 2008 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 10, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7006 2760 0003 3528 9189
Mr. James E. Brice
Old Camp Nursery #1, 2, 3, & 5
725 Old Camp Road
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 31-831
Duplin County
File No. PC-2008-0168
Permit No. AWS310831
Dear Mr. Brice:
This letter transmits notice of a civil penalty assessed against James E. Hall, in the amount of
$2109,49, which includes $109.49 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 and the Director of the Division of Water Quality.
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 three items:
1. Submit payment -of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources. Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s). Do not include the attached waiver form if
making payment.
Please send payment to the attention of:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
1One Carolina
tura!!r
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Mr. Brice
April 10,'2008
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in, the civil penalty assessment
document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-2 82. 1 (b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
.Facts" form within thirty (30) days of receipt of this'notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings

Mr. Brice
April 10, 2008
Pade 3 of 3
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Keith Larick
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Keith Larick at [phone].
Yours very truly,
Q5d .
Charles F. Stehman, PhD., P.G.
Environmental Program Supervisor III
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Program Supervisor w/ attachments
Billy Houston, Duplin county Soil and Water Conservation District w/ attachments
Kraig Westerbeek, Murphy -Brown LLC w/ attachments
John College, DSWC-WiRO w/ attachments
APS Central Files w/ attachments w/ attachments
[DWQ WiImington_Anima!_F.iles.31-831 w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
JAMES E. BRICE
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC-2008-0168
FINDINGS AND DECISION
AND ASSESSMENT OF'
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Charles
F. Stehman, Ph.D., P.G., Environmental Program Supervisor III of the Aquifer Protection Section
of the Division of Water (DWQ), make the following:
I. FINDINGS OF FACT:
A. Mr. James E. Brice owns and operates the Old Camp Nursery #1, 2, 3, & 5, a
swine animal operation located west of Wallace, North Carolina on the west side
of SR 1100 in Duplin County.
B. Mr. James E. Brice was issued Certificate of Coverage AWS310831 under Swine
Waste Management System General Permit AWG100000 for the Brice Farm 2 &
#3, Bldg 1-1 I on July 1, 2007, effective July 1, 2007, with an expiration date of
April September 30, 2009 for the operation of a swine waste collection, treatment,
storage and application system.
C. Condition No. V. 2 of the General Permit AWG100000 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..."
D. DWQ staff from the Wilmington Regional Office inspected the Old Camp
Nursery #1, 2, 3, & 5 on February 27, 2008 and observed a freeboard level of
sixteen (16) inches for Lagoon #3.
E. The costs to the State of the enforcement procedures in this matter totaled
$109.49.

II.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Mr. James E. Brice is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1,
C. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
D. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 2. of the General Permit.
E. Mr. James E. Brice may be assessed civil penalties 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
violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Mr. James E.
Brice pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Environmental Program Supervisor III of the Aquifer Protection Section,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, 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, Mr. James E. Brice is hereby assesseda' civil penalty of:
$ _ 2000.00 for violating Condition No. V. 2. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
Enforcement costs
TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
r.' l> d
a�
(Date) Charles F. Stehman, Ph.D., P.G.
Environmental Program Supervisor III
Aquifer Protection Section
Division of Water Quality

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2008-0168 County: Duplin
Assessed Party: Old Camp Nursery #1, 2, 3, & 5
Permit No. (if applicable): AWS310831 Amount Assessed: $2109.49
Please use this form when requesting remission of this civil penalty. You must also complete the
"Re uest For Remission Waiver of Right to an Administrative Hearinz, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1 b
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated_ continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare far);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance)".
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
TAMES E. BRICE
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2008-0168
Having been assessed civil penalties totaling $2109.49 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated _ April 10, 2008 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of . 20
SIGNATURE
ADDRESS
TELEPHONE