400019_ENFORCEMENT_20171231

NUHTH CAHULINA
Department of Environmental Qual

ENFORCEMENT

J.L MAXWELL, JR.. cmmAm
H.G. MAXWELL, III, PRESIDENT
J.W. PELLETIER, 111, vM.E PRESIDENT
943 Millers Chapel Road • P.O. Box 10009 • Goldsboro, NC 27532
Phone [phone] • Fax [phone]
March 1, 2010
David May
Regional Aquifer Protection Supervisor
Washington Regional Office
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Subject: Potter's Hill Nursery #52-18
AWS520018
Jones County
NOD-2010-PC-0195
Dear Mr. May:
J.L. MAXWELL, III, SECRETARY TREASURER
DR. NEIL ALLEN, Nu1Rm wsT
BOB IVEY, GENERAL MANAGER
This is in response to a letter from you dated February 17, 2010 and received in
our office on February 19, 2010. Per your letter, we were required to take
corrective action on or before March 9, 2010 and to provide you a written
response to the Notice within 30 days of receipt of the letter that freeboard
was at a compliant level.
Persuant to our Certified Animal Waste Management Plan and in accordance
with Condition V. 2. of the Swine Waste System General Permit No.
AWG100000, we have the lagoons at the Potter's Hill Nursery located in Jones
County at a compliant level. This was accomplished in accordance with our
CAWMP.
If I can be of any additional service, do not hesitate to contact me at 919-778-
3130, ext. 1430 or email me [e-mail].
Respectfully submitted,
G rge . Pettus MAR - 3 2010
Maxw oods Inc. _ `

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roy JONES
RT 1 BOX 39-A
WALSTQNBURG INC 27888
Dear Roy Jones:
1 � •
NCDENR
NORTFt CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
� J Fs
March 23, 2001
;i MAR 28 2001
1n�b�RO
Subject: Notice of Violation and Revocation for Nonpayment
Roy Jones Farm
Permit Number: AWS400019
Greene County
In accordance with North Carolina General Statute 143-215.1 OG, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 12/2/1997.
Your annual permit fee for the period of 12/2/2000 - 12/1/2001 is 5150.00. Your payment was due 3/2/2001.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincereh',
Kerr T. Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
Washington Regional Office
Greene Coun Health Department
e It lie
1617 Phail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper

State of North Carolina -
Department'of Environment and --
Natural Resources _
Ova
i
Washington Regional Office
James B. Hunt, Jr. Governor. C D ,
-_ E R
Wayne -McDevitt, Secretary NCH pe#-AFrrmm*rr of .
ENVIRONMENT .4Nc> NATURAL RESOURGSs
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
DIVISION OF WATER QUALITY
February 2, 1999
Mr. Roy Jones
Roy'Jones Farm
Rt. 1, Box 39-A
Walstonburg, North Carolina 27888
SUBJECT: Notice of Deficiency.
Animal Feedlot Operation Site Inspection
Roy Jones Farm
Facility No. 40-19
Greene County
Dear Mr. Jones:
On October 23, 1998, I conducted an Animal Feedlot Operation Site Inspection
at the Roy Jones Farm in Greene'County. A copy of the inspection report is
-attached for your review:
In general, this inspection included verifying that:.(1) the farm has a Certified
Animal Waste Management Plan (CAWMP) and the General Permit '(2) the farm
is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill
1217, the Certified Animal Waste Management Plan and the General Permit; .(3)
the farm operation's waste management system is being operated properly under
the direction of a Certified Operator; (4) the required records are being kept; (5) .
there are no signs of seepage, erosion, and/or runoff. The following deficiencies
were observed during the inspection.
➢ The Certified Animal Waste Management Plan'(CAWMP) was not readily
available for review_ at this facility. Therefore, the records and documents of the
CAWMP could not be reviewed during the inspection.
943 Washington square Mall, Washington, North Carolina 27889
Telephone [phone] FAX 252197�3716
- An Equal opportunity Affirmat.ve Action Employer

Page Two
Roy Jones Farm
Facility No. 40-19
February 2, 1999
It is very important as the owner and the Operator in Charge that you resolve
these aforementioned deficiencies and any other problems that may arise, as
soon as possible. For additional assistance, please contact your Technical
Specialist. Nothing in this letter should be taken as absolving this facility of the
.responsibility: -and liability of any violations that have resulted or may result from
these deficiencies.
Thank you for your cooperation and assistance during the inspection. Should
you have further questions or comments regarding this inspection, do not
hesitate to call at [phone], ext. 321.
Sincerely,
Daphne B. Cullom
Environmental Specialist
cc: Dr. Garth Boyd, Murphy Family Farms
Greene County SWCD Office
Greene County NCCES Office
DSWC-WaRO
Compliance Group
L,;haRO

Facility Number Date of Inspection
Time of Inspection 24 hr. (hhanm)
p Registered K Certified p Applied for Permit ■ Permitted in Not Operational I Date Last Operated:
Farm !Name: Roy..Jones.Earm.................... .................... County: Greene WARO
OwnerName: Roy_ ......................................... Jones........................................................... Phone No: 7.47.-.39.89 ...................................................................
Facility Contact: ........................................................... ................Title: ............ Phone No:
Mailing Address: Rt.1..Box.39 A.......................................................................................W.zJstonhur:g..NC ................................................. 27889 ..............
Onsite Representative: Ray.Jsutez.................................................................................... Integrator:].!'Itxrphy:.]E:amUy.Earms......................................
Certified Operator: Ray ...........................................tones.................................................. Operator Certification Number:2Z394 ............................
Location of Farm:
Latitude ©a ©° ®K Longitude ©• ®° ©66
Wean to Feeder
ig Feeder to m►s
own
arrow to Wean
p F arrow to F ee er
13 Farrow to Finis
Gilts
Boars
p ayer
[3 Non -Layer
General
1. Are there any buffers that need maintenance/improvement? p Yes ® No
2. Is any discharge observed from any part of the operation?
Discharge originated at: 13 Lagoon 13 Spray Field p Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. if discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
p Yes ®No
p Yes p No
p Yes p No
13 Yes
13 No
p Yes
® No
13 Yes
® No
p Yes
® No
p Yes ® No
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
p Yes ® No

Facility um er: 40_19 Date of Inspection
8. Are there lagoons or storage ponds on site which need to be properly closed? p Yes ® No
T Structures (Lagoons.HoldinE Ponds, Flush Pits, etc.)
9. Is storage capacity (freeboard plus storm storage) less than adequate? p Yes ® No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard (ft): 2.9
10. Is seepage observed from any of the structures? p Yes ® No
11. Is erosion, or any other threats to the integrity of any of the structures observed? p Yes N No
12. Do any of the structures need maintenancelimprovement? p Yes ® No
(If any of questions 9-I2 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers? p Yes N No
Waste Application
14. Is there physical evidence of over application? p Yes p No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type . Gnastal Bearanuda Grass....- - - .....- ••$vim ._........._..... ................ ................ _...................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? p Yes 13 No
17. Does the facility have a lack of adequate acreage for land application?
IS. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement?
For Certified or Permitted Facilities Only
23, Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit?
Q .. o-v!q ons.or traeneies-were.nate nng t 1s visit:. ua .rereive no urt er .
'e'rxe'spdngleAe� aWtjt tfiis Yisi�::.. ' . .. '
p Yes p No
p Yes ® No
[3Yes ®No
® Yes p No
13Yes ®No
rl Yes p No
® Yes p No
p Yes p No
® Yes p No
1' 1 P.
! I' 1 11 11 11
1UL
/ 11 jWWtjf/ 1 IF
I 1 1 1 + -as. s.�.� 'TC
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t �1� = x -� r,nf -S 4'�t.r �;� . ;L. _.I.. u'�1. �.�a•� 'j�•i«p .t Stag ..'- i-,, ?+-._�..s. � 'I--

. 71-A .
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Danny L. Miller
Hope Farms
1211 Corbett Town Road
Snow Hill, NC 28580
Coleen H. Sullins
Director
November 4, 2010
RE: Acknowledgment of Receipt of Payment
Case No. PC-2010-0019
Farm # 40-20
Greene County
Dear Mr. Miller:
Natural Resources
Dee Freeman
Secretary
This letter is to acknowledge receipt of your check No. 1795 in the amount of $768.96 on October 22,2010.
This payment satisfies in full the civil assessment in the amount of $768.96 levied against Danny Miller and the
case has been closed. If you have any questions, please call me at [phone].
Sincerely,
ry
Larry W. Wade, PE
Animal Feeding Operations Unit
cc: David -,Mays W; shingtonrRegioni 3@ffi e-
File # PC-2010-0019
Central Files AWS400020
North Carolina Division of Water Quality Internet: www.ncwatergualitv.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
_, NOV -52010 11J)
n rrrICE
One
NorthCarolina
An Equal QpportunitylAifirmative Action Employer- 50% Recyded1l0% Past Consumer Paper

Beverly Eave.s Perdue
Govemor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
September 21, 2010
CERTIFIED MAIL #7006 2150 0003 5467 0653
RETURN RECEIPT REQUESTED
Mr. Danny Miller
Hope Farms
1211 Corbett Town Rd.
Snow Hill, NC 28580
Subject: Request for Remission of Civil Penalty
Danny Miller
Case No. PC-2010-0019
Permit Number AWS400020
Greene County
Dear Mr. Miller,
Dee Freeman
Secretary
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division
of Water Quality considered the information you submitted in support of your request for remission and
remitted $250.00 of the $500.00 civil penalty assessment. The revised civil penalty is therefore a total amount
of $768.96, which includes $518.96 in investigative costs. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter
to the attention of:
Larry W. Wade PE
NC DENR-DWQ — APS Section
AFO Unit -
1636 Mail Service Center _
Raleigh, North Carolina 27699-1636
i
SEP 2 1 2010 '
OR
��f �l • j.;J:e- ..Sill :�,� Qi- 1ClE
i.'
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury 5t. Raleigh, North Carolina 27604
Phone: [phone] FAX: 91M07-64921 Customer Service: 1-877-623-6748 — One
Internet: www.ngwater9uality.or
NorffiC'arolina
An Equal Opportunity t Affirmahve Action = '�
mpioyer . / �/a`{�raj{/U

`1
Danny Miller
Case No. PC-2010-0019
Greene County
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil
Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency
decision.
If you or your representative would like to speak before the Committee, you must complete and return the
attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send
the completed form to:
Larry W. Wade PE
NC DENR-DWQ — APS Section
AFO Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral presentation (if you
make the request). If the Chairman determines that there is a compelling reason to require a presentation,
you will be notified of when and where you should appear. If a presentation is not required, the final
decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWQ Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Larry Wade at (919)
715-6185.
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operations Unit
Attachments
cc: VDavid.May-1 W.Ei ington.Region O
Enforcement File PC-2010-0019
DWQ Central Files AWS400020

h
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
ICOUNTY OF GREENE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
DANNY MILLER
DWQ Case Number PC-2010-0019
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.nebar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee: however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation artnershiy or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the _ day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2010-0019 Region: Washington County: Greene
Assessed Entity: Danny Miller Permit: AWS400020
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
The permittee met regional staff on -site during the initial incident follow-up and responded quickly
in a cooperative manner to address and prevent run-off through containment and recovery
measures. As such, the regional office concurs that (b) is applicable.
❑ (c) Whether the violation was inadvertent or a result of an accident:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Based on a file and database review, the facility has not received a previous assessment for
violations. As such, the regional office concurs that (d) is applicable.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check Oise)
Request Denied ❑
Full Remission ❑.,Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission❑ S ,-+5'6 (Enter Amount Remitted)
Coleen H. Sullins Date
rev 1.0 - 8.31.09

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 27, 2010
CERTIFIED MAIL - #7008 1140 0002 6736 8733
RETURN RECEIPT REQUESTED
Danny L. Miller (`
Hope Farms
1211 Corbett Town Road
Snow Hill, NC 28580
SUBJECT: Assessment of Civil Penalties for V iolation(s) of North
Carolina General Permit AWG100000
Enforcement File #: PC-2010-0019—�-�
Greene County
y
Dear Mr. Miller:
This letter transmits notice of a civil penalty assessed against Danny Miller in the amount of $500.00, and
$ 518.96 in investigative costs, for a total of $1,018.96. 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources
(do not include waiver 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:
Mr
— -A
JUN l 2010 , I'+I
��-I
Larry Wade
ifer Protection Section
Sion of Water Quality
S Mail Service Center
:iuh, NC 27699-1636
OR
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
No hCarolina
Naturally

Danny Miller
Enf. File PC-2010-0019
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
of an Assessment of Civil Penalty 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.l(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:
Mr. Larry Wade
Aquifer Protection Section
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

Danny Miller
Enf, File PC-2010-0019
Page 3 of 3
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 petition may be filed by facsimile (fax) or electronic
mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing
fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7)
business days following the faxed or electronic transmission. You should contact the Office of Administrative
Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address
and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 Mr. Larry Wade at [phone].
Sincerely,
-
�)heodoreL. Bush, Jr., hie
Aquifer Protection
Enclosures
cc: Enforcement File PC-2010-0019
David May,Washington Regional Office
Central Files AWS400020

STATE OF NORTH CAROLINA
COUNTY OF GREENE
IN THE MATTER OF:
DANNY MILLER
FOR VIOLATIONS OF:
NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. PC-2010-0019
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,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section, of the Division of Water Quality
(DWQ) make the following:
I. FINDINGS OF FACT
A. Danny L. Miller owns Hope Farms, a permitted swine animal feeding operation in Greene
County.
B. Hope Farms was issued Certificate of Coverage AWS400020 under NC General Permit
AWG100000 for Hope Farms on October 1, 2009 effective upon issuance, with an expiration
date of September 30, 2014.
C. Condition No. 1.1, of General Permit AWG100000 states in part "Any discharge or
application of waste to a ditch that drains to surface waters or wetlands is prohibited except
as follows: (a) discharges from the ditches are controlled by best management practices
(BMPs) designed in accordance with MRCS standards; (b) the BMPs have been submitted to
and approved by the Division of Water Quality (Division); (c) the BMPs were implemented
as designed to prevent a discharge to surface waters or wetlands; (d) the waste was removed
immediately from the ditch upon discovery; and (e) the event was documented and reported
in accordance with Part III.13. of this General Permit. Nothing in this exception shall excuse
a discharge to surface waters or wetlands except as may result because of rainfall from a
storm event more severe than the 25-year, 24-hour storm."
D. Condition No. H. 5, of General Permit AWG100000 states; "In no case shall land application
rates result in excessive ponding or any runoff during any given application event."
E. On February 9, 2010, DWQ personnel performed an onsite visit at Hope Farms. The onsite
visit documented an irrigation event in progress and a runoff of waste water into a roadside
ditch.
F. The cost to the State of the enforcement procedures in this matter totaled $518.96.

Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Danny Miller is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-
212(4).
B. The above -cited incident where waste water runoff occurred and discharged into a ditch
violated Conditions No. I. 1. ; and II. 5. of General Permit AWG100000.
C. Danny Miller 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 that twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance with terms, conditions, or requirements of a permit required by G. S.
143-215.1.
D. The State's enforcement costs in this matter may be assessed against Danny Miller pursuant
to G. S. 143-215.3(a)(9) and G. S. 143B-282. I (b)(8).
E. The Chief 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 Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Danny L. Miller is hereby assessed a civil penalty of:
S So o b0
S � � G d
S. S/ R, 1� 6
S
For violating Condition No. I.1. ; and No. H.5_ of General
Permit AWG100000 for land application rates resulting in
runoff/discharge into a ditch that drains to surface waters or
wetlands.
TOTAL CIVIL PENALTY
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. 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 quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Theodore L. Bush, Jr. Chi f
Aquifer Protection Section
Division of Water Quality

+ r.State of North Carolina =VA
Department of Environment and =
= . Natural Resources =
Washington Regional Office -
[.James B. Hunt, Jr., Governor - - . -. . c::. - E R
Wayne McDevitt, Secretary NoFwT," C_AROLINA 0�EPAmrmmmT OF
EiVVIROIVMENT A 4m NAlZ1RAL. RESOURCES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - =-- -'
DIVISION OF WATER QUALITY.
February 2, 1999
Mr. Roy Jones
Roy Jones Farm
Rt. 1, .Box 39-A
Walstonburg, North Carolina 27888
SUBJECT: - Notice of Deficiency .
Animal Feedlot Operation Site Inspection
Roy Jones .Farm
Facility No. 40-19
Greene County
Dear Mr. Jones:
On October 23, 1998, 1 conducted an Animal Feedlot Operation Site'Inspection
at the Roy Jones Farm in Greene County. A copy of the inspection report is
.-attached for your review.
In general, this inspection included verifying that: (1) the farm has a Certified
Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farm
is complying with requirements of the State Rules 15 NCAC 2H.0217,-Senate Bill
1217, the Certified Animal Waste Management Plan and the General Permit; (3)
the farm operation's waste management system is being operated properly under
the direction of a Certified. Operator; (4) the required records are being kept; (5)
there are no signs of seepage, erosion, and/or runoff. The following deficiencies'
were observed during the inspection.
➢ The Certified Animal Waste Management Plan (CAWMP) was not readily
available for review at this facility. Therefore, the records and documents of the
CAW_ MP could not be reviewed during the inspection.
943 Washington Square Mall, Washington, North Carolina 27889
Telephone 25iS46-6481 FAX [phone]
An Equal Opportunity Affirmative Action Employer

Page Two
Roy Jones Farm
Facility No. 40-19
February 2, 1999
It is very important as the owner and the Operator in Charge that you resolve
these aforementioned deficiencies and any other problems that may arise, as
soon as possible. For, additional assistance, please contact your Technical
Specialist. Nothing in this letter should be taken as absolving this facility of.the
responsibility and liability of any violations that have -resulted or may_result.from
these deficiencies.
Thank you for your cooperation and assistance during the inspection. Should
you have further questions or comments regarding this inspection, do not
hesitate to call at [phone], ext. 321.
Sincerely,
Daphne B. Cullom
Environmental Specialist
cc: Dr. Garth Boyd, Murphy Family Farms
Greene County SWCD Office
Greene County NCCES Office
DSWC-WaRO -
Compliance Group
WaRO

14p xoutine 0 t-ompiaint 0 rouow-up of iuwV inspection 0 roiiow-up of uswt. review 0 utner
rr in�ru— rrrlrlrlr�r r•�
Facility Number Date of Inspection FTOMWI
Time or Inspection .� 24 hr. (hh:mm)
M I rrl �
p Registered ■ Certified p Applied for Permit E Permitted in Not Operational I Date Last Operated:
Farm Name: Roy...fnnes.Earm ..................................... ................................................... County: Greene WARO
OwnerName:Roy.......................................... drnes........ ...................... ........................... Phone No: 7.47z3Q8Q.... ......... ..................... -................................
Facility Contact .......... .................... I .............. .... ...... Title: ............ .................................................. Phone No:
Mailing Address: RU..fox.3.-.A..........................................••---......................................... W..als1onliurg ilM................................................. 32888..............
Onsite Representative: Ruy Jae& ...................... ............................................. Iintegrator: l! urphy-Family.Farms......................................
Certified Operator:Ruy.......................................... Jones .................................................. Operator Certification Number:223Q4......................... ....
Location of Farm:
Latitude ©� ©+ ®K Longitude
- r J esi n urren 7 -- est n urren estgn ur-ten
g
Sw�net Capactty;Populahon Poultry Capacity Populattoti >Cattle p ty per"
€ C$ act Po ulatton
s r _ .
W =: p airy
r
4896 p Non -Dairy
'��
❑ eixr
_° u� �Tofal Design Capacityh4,896
ro F
r rn -
Number"nf Lag s`I Holding Ponds `; p p g p Spray E
_ u sur ace tarns resent Lagoon Area ra Fie tea
o LiquidWaste Management System
toeeer
er to mtswtoean�wtoee
r0ean
erw
to Firstss
p
Layer
p
Non -Layer
General
1. Are there any buffers that need maintenance/improvement? - p Yes ®No
2. Is any discharge observed from any part of the operation? p Yes ®No
Discharge originated at_ � Lagoon � Spray Field � Other
a. If discharge is observed, was the conveyance man-made? p Yes p No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) � Yes p No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) p Yes p No
3. Is there evidence of past discharge from any part of the operation? p Yes ®No
�I. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ®No
5. Does any part of the waste management system (other than lagoons/holding ponds) require p Yes ®No
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at file time of design? p Yes ®No
7. Did the facility fail to have a certified operator in responsible charge? p Yes ®No
712S/97

Facilflyy Number: 40_19 Date of Inspection
8. Are there lagoons or storage ponds on site which need to be properly closed?
p Yes
® No
Structures (Lagoon�sHolding Ponds Flush Pits etc.
9. Is storage capacity (freeboard plus storm storage) less than adequate?
p Yes
® No
Structure 1 Structure 2 Structure 3 Structure 4
Structure 5 Structure
6
Identifier:
Freeboard (ft): 2.9
10. Is seepage observed from any of the structures?
n Yes
® No
11. Is erosion, or any other threats to the integrity of any of the structures observed?
n Yes
® No
12. Do any of the structures need maintenance/improvement?
p Yes
® No
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers?
n Yes
® No
Waste Application
14. Is there physical evidence of over application?
n Yes
n No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type -._..Car;tsJ3=u&Gmss.................... ------- RY-C........ ........ ...... ...... .............................. .... ............ ....------- .............. ___ ..........................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17. Does the facility have a lack of adequate acreage for land application?
19. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement?
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit?
R.. o'vzq tions.or tcrencxes'were.note nringt rsvisrt:. You will xereivenbF further.
aT�eSpoA�Ue�bQiKts x�US Y;St:. .
n Yes n No
n Yes n No
n Yes ® No
n Yes ®No
M Yes n No
t3 Yes ®No
p Yes n No
® Yes p No
n Yes n No
® Yes n No
Reviewer/Inspector Name 05
Reviewer/Inspector Signature:
Date: 11l