040001_ENFORCEMENT_20181231 (checked)

ENFORCEMENT
NORTH CAROLINA
Department of Environmental Qual

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Comments

40F W A rFRPG Michael F. Easley
Governor
4 William G. Ross Jr., Secretary
>_ Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 21, 2003
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
I 'JAN 3 0 2003
I
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Farm # 4-1
Sampson County
Dear Mr. Xiong:
This letter is to acknowledge receipt of your check No. 3018 in the amount
of $63,06 received for Xiong Farm.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
yt�Steve Lewis
Non -Discharge CompIiance/Enforcement
SL:sw
CC: Tdyetteville_Regional- Office
Enforcement File: DV 00-011
Central Files
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877.623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
500. recycled 1100. past -consumer paper
http://h2o.enr.state. na.us

�'At'
Michael F. Easley
Governor
William G. doss Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 17, 2002
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Farm # 4-1
Sampson County
Dear Mr. Xiong:
2 5�
This letter is to acknowledge receipt of your check No. 2935 in the amount
of $63.06 received on October 3, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
S' cerely, r
to a Lewis
,�,' Non -Discharge Compliance/Enforcement
SL:sw
6�
CC: Fayetteville Regional Office
Enforcement File: DV 00-011
Central Files
A
MEW
Customer Service: Malting Address. Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
h ttp://h2o. enr. state. nc. us

January 21, 2003
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
i VAN 3 Q 2003
f
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Farm # 4-1
Sampson County
Dear Mr. Xiang:
This letter is to acknowledge receipt of your check No. 2972 in the amount
of $63.06 received for Xiong Farm. .
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
Sincerely,
teve Lewis
on -Discharge Compliance/Enforcement
SL:sw
CC: -Fayetteville-Region_al-Of ice
Enforcement File: DV 00-011
Central Files
NCUENR
Customer Service: Melling Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh. North Carolina 27699.1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
http✓/h2o. enr. state. nc. us

W A
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
P Alan W. Klimek, P.E. Director
Division of Water Quality
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
Dear Mr. Xiong:
September 10, 2002
i
i� SEP 13 2002 j
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Farm # 4-1
Sampson County
This letter is to acknowledge receipt of your check No. 2905 in the amount
of $63.06 received on September 4, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
49i;!"
Non-Discharge Compliance/Enforcement
SL:sw
CC: Fayetteville Regional Office
Enforcement File: DV 00-011
Central Files
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50 % recycled / 10 % post -consumer paper
. httpY1h2o. enr state. nc. us
ASA
Nf-DENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

FwArF
Michael P. Easley
Governor '
�? Alan W. Klimek, P.E. Director
� William G. Ross Jr., Secretary
Department of Environment and Natural Resources
fl
Division of Water Quality
August 12, 2002
MR PAO X1ONG
XIONG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
..2 .
AUG 14 2002
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Farm # 4-1
Sampson County
Dear Mr. Xiong:
This letter is to acknowledge receipt of your check No. 2651 in the amount
of $63.06 received on August 5, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
SL:sw
CC: Fayetteville Regional Office
Enforcement File: DV 00-011
Central Files
VIt
Seve Lewis
Non -Discharge Compliance/Enforcement
WI
:� M sail
Customer Service. Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% past -consumer paper
http.-Ah2o. enr.state.nc. us

j D Ua)
FWArF�QG
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
'C Alan W. Klimek, P.E. Director
Division of Water Quality
MR PAO XIONG
X10NG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
Dear Mr. Xiong:
July 17, 2002
�DE IR-F1-1\
JUL 2 3 2002
DVYQ
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-001
Farm # 4-1
Sampson County
This letter is to acknowledge receipt of your check No. 2614 in the amount
of S63.06 received on July 3, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
Sin rely,
/ eve Lewis
Non -Discharge Compliance/Enforcement
SL:Sw
CC: Fayetteville Regional Office
Enforcement File: DV 00-011
Central Files
VQW
NCDENR
Customer Service: Mailing Address: Telephone [phone] tocatlon:
1.877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 10% post -consumer paper
h ttp://h2o. enr, sta te. n c. us

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 11, 2002 !'31
JUN . 13 2002
■nWeAEcR e I L SCTI,-OrN..
r
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
JUN 18 2002
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-001
Farm # 4-1
Sampson County
Dear Mr. Xiong:
This letter is to acknowledge receipt of your check No. 2577 in the amount of $63.06
received on June 10, 2002.
Payment of these penalties in no way precludes further action by this Division for
future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
Steve Lewis.
Non -Discharge Compliance/Enforcement
SL:sw
CC: Fayetteville Regional Office
Enforcement File: DV 00-011
Central Files
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1
800 623-7748

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory.J. Thorpe, Ph.D., Acting Director
May 8, 2002
MR. PAO XIONG
XIONG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
L199MAI
D E N R
MAY 1 Q 2002
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-001
Farm# 4-1
Sampson County
Dear Mr. Xiang:
This letter is to acknowledge receipt of your checks No. 2894 in the amount of $63.06
received on May 6, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
e-1 _�/w�� -
Steve Lewis
Non -Discharge Compliance/Enforcement
SL/th
cc: Fayetteville Regional Office
Enforcement File # DV 00-011
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
April 5, 2002
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
AgAnfthom 9 1 �Mft 0 rd�w, im
D E N R
PEf,_°t k, - F r
APR 92002
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Farm # 4-1
.Sampson County
Dear Mr. Xiong:
This letter is to acknowledge receipt of your checks No. 2858 in the amount of $63.06
received on April 5, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
'6", "�"
6 &
jSteve Lewis
Non -Discharge Compliance/Enforcement
SLltwj
cc: Fayetteville Regional Office
Enforcement File # DV 00-011
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
March 8, 2002
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50-A-1
POLKTON NC 28135
D E N R
1 MM 1 2 2002
�I
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Farm #4-11
Sampson County
Dear Mr. Xiong
This letter is to acknowledge receipt of your checks No. 2820 in the amount of $63.06
received on March 6, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance/Enforcement
Sutw
cc: Fayetteville Regional Office
Enforcement File # DV 00-011
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North State of North Carolina
Department of Environment
and Natural Resources
Division of Water'Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50A-1
POLKTON NC 28135
Dear Mr. Xiong:
WMA,
Illy
1••
l
D E N R
February 13, 2002
;' F)t N"E ,
F8 15 2002
F
�I )
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Farm # 4-1
Anson County
This letter is to acknowledge receipt of check #2797 for $63.06 was received on
February 11, 2002.
Payment of these penalties in no way precludes further action by this Division
for future violations of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
5083 ext. 539.
Sincerely,
/Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/tw
C Fayetteville Regional Office
Enforcement Files DV 00-011
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [phone]FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% posi-consumer paper.

State of North State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50A-1
POLKTON NC 28135
Dear Mr. Xiong:
A�jAm %WOO
D E N R
December 14, 2001
DEC 18 2001
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Farm # 4-1
Anson County
This letter is to acknowledge receipt of check No. 2724 for $63.06 was received
on December 14, 2001.
Payment of these penalties in no way precludes further action by this Division
for future violations of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
5083 ext. 539.
Sincerely,
, f,'Peff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SUtw
cc: Fayetteville Regional Office
Enforcement Files DV 00-011
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [phone]FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
November 9, 2001
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50A-1
POLKTON NC 28135
L19MMA,
D E N R
s� NOV 1 4 2001
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case DV 00-011
Farm # 4-1
AnsonCounty
Dear Mr. Xiong:
This letter is to acknowledge receipt of your checks No. 2520 in the amount of $63.06
received on November 9, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
j Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
JPltw
cc: Fayetteville Regional Office
Enforcement File # DV 00-011
Central Files
1617 Mail service Center Raleigh NC 27699-1617 . Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
October 18, 2001
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50A-1
POLKTON NC 28135
A14
D E N R
VCT 2 2
v 2001
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case DV 00-011
Farm # 4-1
Anson County
Dear Mr. Xiong:
This letter is to acknowledge receipt of your checks No. 1492 in the amount of $63.06
received on October 10, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at (919.) 733-5083, extension 539.
Sincerely,
a4lia- OAC"'004_
Meff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
JP/tw
cc: Fayetteville Regional Office
Enforcement File # DV 00 011
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Ok- /
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
September 17, 2001
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50A-1
POLKTON NC 28135
AX;W
*4
D E N R
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case DV 00-011
Farm # 4-1
Anson County
Dear Mr. Xiong
This letter is to acknowledge receipt of your checks No. 2437 in the amount of $63.06
received on September 17, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
,�/.L_
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
JP/tw
cc: Fayetteville Regional Office
Enforcement File # DV 00-011
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
August 9, 2001
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50A-1
POLKTON NC 28135
D E N R
�1.3 2001
L o
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case DV 00-011
Farm # 4-1
Anson County
Dear Mr. Xiong:
This letter is to acknowledge receipt of your check No. 2391 in the amount of $63.06
received on August 9, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
I€ you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/tw
cc: Fayetteville Regional Office
Enforcement File # DV 00-011
Central Files
1617 Mail service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

DENR-FR
State of North Carolina
Department of Environment,
Health and Natural Resource
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Kerr T. Stevens, Director
MR PAO XIONG
XIONG FARM
ROUTE 2 BOX 50A-1
POLKTON NC 28135
Dear Mr.Xiona:
JUL 16 2N
DWQ 4 • •
D E N R
July 11, 2001
E.4 F1V
-4zz '4'1 # � `!
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Anson County
This letter is to acknowledge receipt of your check No. 2359 in the amount of $63.06,
received on Jul), 10, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
Jeff Poupart, Supervisor
/-,--Non-Discharge Compliance/Enforcement
Sum-
cc: Fayetteville Regional Office
Enforcement File # DV 00-011
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Kerr T. Stevens, Director
June 1, 2001
MR PAO XJONG
XIONG FARM
ROUTE 2 BOX 50A-1
POLKTON NC 28135
A 4,
-r
link
D E. N R
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # DV 00-011
Anson County
Dear Mr. Xiong:
This letter is to acknowledge receipt of your check No. 2314 in the amount of $63.06,
received onJune 1, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
ff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
Sutw
cc: Fayetteville Regional Office
Enforcement File: DV 00-011
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

W
F-+ t
State of North Carolina
Department of Environ
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Pao Xiong
Route 2 Box 50A-1
Polkton, NC 28135
Dear Mr. Xiong:
uLNH FRO
,A 9 2001
D WO
ISIDENR
OUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 16, 2001
CERTIFFTED MAIL
RETURN RECEIPT REQUESTED
RE: Payment Schedule for Civil Penalty
Case DV 00-011
Farm #4-1
Anson County
As we discussed on April 12, 2001, the Director of the Division of Water Quality (DWQ)
considered your request for remission of the civil penalty and granted partial remission of the
penalty. You have requested a schedule for making partial payments toward the reduced civil
penalty of $1,513.50. DWQ is agreeable to a twenty-four (24) month payment schedule beginning
on June 1, 2001 and continuing to May 1, 2003. There are twenty-three (23) payments of sixty-three
dollars and six cents ($63.06) beginning on June 1, 2001 and one final payment of sixty-three dollars
and twelve cents ($63.12).
Please sign the attached payment schedule and send it back with your first payment. Make
a copy of the payment schedule for your records. Please make the payments by check payable to the
Department of Environment and Natural Resources and mail them so they are received by the 1st
of each month.
Failure to make the monthly payments in accordance with this schedule will cause the
entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in Superior Court.
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /A,Q"rrmative Action Employer
50% recycled /10% post -consumer paper
http:11h2o. en r, state, nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please call Mr. Steve Lewis at [phone], ext. 539 or Mr.
Jeff Poupart at [phone], ext. 527.
Sincerely,
.C-�l�-
Ken T. Stevens
cc: rPaul Rawis, Fayetteville Regional Supervisor w/o attachment
John Hasty, FRO w/o attachment
File DV 00-011 w/ attachment
Central Files w/o attachment

w
/0
State of North Carolina
Department of Environme
and Natural Resources '
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Pao Xiong
Route 2 Box 50A-1
Polkton, NC 28135
Dear Mr. Xiong:
DENR-FRO
19,DWO
J .
RCDENR
NORTH CAROLINA DI_PARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 16, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Payment Schedule for Civil Penalty
Case DV 00-011
Farm #4-1
Anson County
As we discussed on April 12, 2001, the Director of the Division of Water Quality (DWQ)
considered your request for remission of the civil penalty and granted partial remission of the
penalty. You have requested a schedule for making partial payments toward the reduced civil
penalty of $1,513.50. DWQ is agreeable to a twenty-four (24) month payment schedule beginning
on June 1, 2001 and continuing to May 1, 2003. There are twenty-three (23) payments of sixty-three
dollars and six cents ($63.06) beginning on June 1, 2001 and one final payment of sixty-three dollars
and twelve cents ($63.12).
Please sign the attached payment schedule and send it back with your first payment. Make
a copy of the payment schedule for your records. Please make the payments by check payable to the
Department of Environment and Natural Resources and mail them so they are received by the 1st
of each month.
Failure to make the monthly payments in accordance with this schedule will cause the
entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in Superior Court.
,Nailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% rec -cled / 10% post- coisunner paper
http://`h2o.etir.state. tic. its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
1f you have any questions, please call Mr. Steve Lewis at [phone], ext. 539 or Mr.
Jeff Poupart at [phone], ext. 527.
Sincerely,
QGGa,n-o
Kerr T. Stevens
cc: Paul Rawls, Fayetteville Regional Supervisor Wo attachment
0 �hn"" RM—YWRO Wo attachment
File DV 00-011 w/ attachment
Central Files Wo attachment

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary V
Kerr T. Stevens, Director
MAR 2 7 2001
Mr. Pao Xiong
Route 2 Box 50A-I
Polkton, NC 28135
SUBJECT
Dear Mr. Xiong:
AdftM
NCDERR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NAURA1- RL+SOIJRCES
March 19, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Xiong Farm
Anson County
Case Number DV 00-011
Your request for remission has been placed on the agenda for the April 12, 2001 meeting of
the Environmental Management Commission's Committee on Civil Penalty Remissions. The
Committee will convene immediately following the close of the regularly scheduled business
meeting of the Environmental Management Commission in the Ground Floor Conference Room of
the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You
should arrive no later than 11:00 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b) were
wrongly applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Alailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50`"r recycled / 10% post -consumer paper
http:///12o. en r. state. tic. us

You or your representative are allowed approximately ten minutes for your presentation. A
representative from the Division of Water Quality will present the case against remission. The
Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the
entire penalty. The entire amount of the penalty can only be remitted when the violator has not been
assessed civil penalties for previous violations, and when payment of the civil penalty will prevent
payment for the remaining necessary remedial actions.
You also have the option of paying the civil penalty.of $3,513.50 if you decide not to request
remission. If you choose to pay the penalty, please call Steve Lewis at [phone], extension
539, so that we can remove the case from the schedule. Please make your check payable to the
Department of Environment and Natural Resources and reference the case number. Send payment
within 30 days of your receipt of this letter to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you are unable to attend on this date, please notify us at least 10 working days in
advance and your hearing will be rescheduled. Exceptions to the 10-day notice will be made in
the event of emergency situations. If you have any questions concerning this matter, please feel free
to contact me at [phone], extension 539.
Sincerely,
Steven C. Lewis
cc: ,, UN . Is, Fayetteville Regional Office
File DV 00-011
Central Files

n z'
i :ie.
State of North Carolina
Department of Environment������®
and Natural Resources
Division of Water Ouality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Pao Xiong
Route 2 Box 50A-1
Polkton, NC 28135
Dear Mr. Xiong:
LIAR 13 2001
F�yLFTEVii U.".0
L~ G.0FFii,;L
NCDENFI.
NORTH CARC)UNA DEPARTMENT Or
ENVIRONMENT AN13 NATURAL RESOURCE5
March 9, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Request for Remission of Civil Penalty
File No. DV 00-011
Anson County
Farm #04-01
In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the
Department of Environment and Natural Resources, I considered the information submitted in
support of your request for remission and hereby modify my initial civil penalty assessment of
S5,513.50, ($5,000.00 civil penalty plus $513.50 investigative costs) to a total amount of S3,513.50.
There are two options available to you.. You may choose to pay the reduced civil penalty
assessment or you may present a request for remission to the Committee on Civil Penalty Remissions
of the Environmental Management Commission. If you choose to pay the penalty, please make your
check payable to. the Deyment of Environment_ and Natural Resources, reference the case number
on the check, and send it within thirty (30) days of your receipt of this letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-16I7
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission. You
may present your request for remission to the committee and a representative from the Division of
Quality will Q y p _ Water resent the case for the u amount the original_penalty. The Committee
on Civil Penalty Remissions will then render a final and binding decision in accordance with NCGS
143B-282. I (c).
jllailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Af rmath'e Action bmpint•er
50% recycled / 10r/c post -consumer paper
hup:11112o.enr.state.nc.us

If you would like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on April 12, 2001. If you are unable to attend on this
date, your request will be scheduled for a meeting at a future date.
Thank you for your attention to this matter. If you would like a receipt that your check or
request for remission was received, please send it via certified mail. Please feel free to contact Steve
Lewis at [phone], extension 539 or Jeff Poupart at [phone], extension 527, if you
have any questions.
Sincerely,
Kerr T. Stevens
cc: 9ia 1 �a Ts, Fayetteville Regional Office
File # DV 00-011
Central Files

r-
State of North Carolina
WA
Department of Environment 4 0 •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary 1�a NCRTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director VIRONMENT AND NATUFtAL RESOURCE'S
rJAN 1 January 5, 2001
i NJ
MR. PAO XIONG F."' -- FTEVI I.LE CERTIFIED MAIL
ROUTE 2 BOX 50A-1 6- r - REQUESTED RETURN RECEIPT REESTED
POLKTON, NC 28135
RE: Remission Request
Pao Xiong Farm
Farm or Permit #: AWPO40001
Anson County
File # DV 00-011
Dear Mr. Xiong:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed at the next scheduled conference on February
21, 2001 and you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 581.
Sincerely,
Joe Albiston
Non -Discharge Compliance & Enforcement
cc: Paul Rawls, FRO Regional Supervisor w/attachment
John -'Has � FRO Regional Office w/attachment
Central Files w/attachment
File # DV 00-011 w/attachment
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier 452-01-01
Air Equal OpportunitYlAfj9nnati%,eAction Enrplo}•er
50% recycled / 109c post-constuner paper
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Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Sevice Center
Raleigh, NC. 27699
Dear Mr. Albiston,
11 /25/2000
OEC
WATER QUALITY SECTION
N1„jn-Discharge Compliance Enf.
I am writing to request for a remission the Assessment of Civil Penalty against
me. What happening was in February 24, 2000, 1 did irrigate. My irrigation
system is the older model that has no shut off system when the pump was turn
off. That day, I irrigated from a higher ground to a lower field when I shut off the
pump the liquid that remain in the pipe flow out. I did not over spray and there
was no run-off (I and Mr. Hasty did walk through) except the narrow line of liquid
did reach to the edge of the small farm pond. The waste liquid did not enter the
pond yet and the sample that Mr. Hasty took from the pond will clear it. There is
no intention to discharge the waste liquid in any way and I did not irrigate any
more near that area since then.
Mr. Albiston--the incident was really a small one and our egg farm experienced a
hardship that I have no chicken in my farm since 2 /22/ 2000 to July. Now, I
have only a small fraction of chicken of what I used to have. so, please help me
don't let me go bankrupt.
I am hopefully you will reconsider it and
1 appreciat your help. Thank you.
�dY
Pao Xiong

STATE OF NORTH CAROLINA ENVIROtiZMEINI'AL MANAGEMENT
COI�LI�IIS S ION
COUNTY OF A 1�1SOl�J
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. A G j&3.G1rn O ) STIPULATION OF FACTS
FILE NO:__ DV 00 ­0 11
Having been assessed civil penalties totaling 5L5'13. SU for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the , it - e S day of , 20Q{2.
SIGH. TURF
ADDRESS
TELEPHONE C709)

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MR. PAO MONG
ROUTE 2 BOX 50A-1
POLKTON, NC 28135
Dear Mr. Xiong:
1 � •
NCDENR
LGILE� � ' H CAROLINA DEPARTMENT OF
r'cs— � =MENT AND NATURAL RESOURCES
'JAN 12 2001 January 5, 2001
FAYEMVILLE CERTIFIED MAIL
R .r4t � RETURN RECEIPT REQUESTED
RE: Remission Request
Pao Xiong Farm
Farm or Permit #: AWPO40001
Anson County
File # DV 00-011
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed at the next scheduled conference on February
21, 2001 and you will be notified about the Division's decision concerning remission.
If you have any questions, please call me at [phone], ext. 581.
Sincerely,
Joe Albiston
Non -Discharge Compliance & Enforcement
cc: CPaulR � ��,awB FRO Regional Supervisor w/attachment
J hn Hasty, FRO Regional Office w/attachment
Central Files w/attachment
File # DV 00-011 w/attachment
.hailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-0 1 -0 1
An Equal Opportuniry /Af7rttrative Action Entplo}•er
50% recycled / 10% post -consumer paper
http://h2o. etir.state.tic. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Sevice Center
Raleigh, NC. 27699
Dear Mr. Albiston,
11 /25/2000
DEC . �.::
WATER QUALITY SECTIO14
%ion_D,scharge Compliance Enf.
I am writing to request for a remission the Assessment of Civil Penalty against
me. What happening was in February 24, 2000, 1 did irrigate. My irrigation
system is the older model that has no shut off system when the pump was turn
off. That day, I irrigated from a higher ground to a lower field when I shut off the
pump the liquid that remain in the pipe flow out. I did not over spray and there
was no run-off (I and Mr. Hasty did walk through) except the narrow line of liquid
did reach to the edge of the small farm pond. The waste liquid did not enter the
pond yet and the sample that Mr. Hasty took from the pond will clear it. There is
no intention to discharge the waste liquid in any way and I did not irrigate any
more near that area since then.
Mr. Albiston--the incident was really a small one and our egg farm experienced a
hardship that I have no chicken in my farm since 2 /22/2000 to July. Now, I
have only a small fraction of chicken of what I used to have. so, please help me
don't let me go bankrupt.
am hopefully you will reconsider it and I appreciat your help. Thank you.
Pao Xiong

r
STATE OF NORTH CAROLINA ENVIRON:tiIENTAL MANAGEMENT
CONLI+IISSION
COLivTY OF A„M5$_o r-J
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AIIN
OF CIVIL PENALITIES AGAINST } ADMINSTRATIVE HEARING AND
PERINIIT NO. -AuJr _aocoo O ) STIPULATION OF FACTS'
FILE NO: QV 00 -O 1
Having been assessed civil penalties totaling _ 51 S13- SO for
violation(s) as set forth in the assessment document of the Director or the Division of Water Quality
dated, 00 , the, undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the tr — a S day of , 20-OD .
SIG`. TURF
ADDRESS
9 T 2 6�OX/1l'
PIVLKTOL NC _ 2313 F
TELEPHONE C70 92 ?M-6�,q

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director NOV U b 2000
MR. PAO XIONG
ROUTE 2 BOX 50A-1
POLKTON, NC 28135
Dear Mr. Xiong:
PEG. f-FICE
f��
IL
NCDENR
NORTH CAROLtRA OEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 31, 2000
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
SUBJECT: Assessment of Civil Penalties
for Making an Outlet to Waters
of the State,
Farm # 04-01
Anson County
File No. DV 00-01 I
This letter transmits notice of a civil penalty assessed against the Pao Xiong Farm in the
amount of S5,513.52 including S513.50 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made -directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
,ifailing Address: Telephone [phone]
I617 Mail Service Center Fax (9I9) 733-0059
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative ,fiction Employer
50% recycled / lO% post-co►tsnmer paper
h ttp✓/Ji2o. enr.state.n c. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-I617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
CONESES S ION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALi US AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS'
FILE NO:
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the _ day of , 30
SIGNATURE
LVD16 GUM
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF ANSON
File No. DV 00-011
IN THE MATTER OF
PAO XIONG )
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF
WATERS OF THE STATE OF ) CIVIL PENALTIES
NORTH CAROLINA )
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Pao Xiang owns and operates Pao Xiong Farm, a swine operation located along
SR 1131 in Anson County.
B. Pao Xiong was issued Certificate of Coverage AWPO40001 under General Permit
AWG300000 for Pao Xiong Farm on February 26, 1999, effective February 26,
1999, with an expiration date of April 30, 2003. This permit does not allow the
discharge of waste to waters of the State.
C. On February 24, 2000, DWQ staff observed a discharge of wastewater by Pao
Xiong Farm from a sprayfield to a farm pond, which are waters of the State within
the Yadkin River Basin.
D. Pao Xiong had no valid permit for the above -described activity.
E. Condition No. III. 6. f. of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of
overapplying animal waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where runoff enters surface
waters.
F. Pao Xiong failed to notify DWQ of the discharge of wastewater within the
required 24 hours after discovery.
G. The cost to the State of the enforcement procedures in this matter totaled $513.50.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Pao Xiong is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. The farm pond constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6). "Waters means any stream, river, brook,
swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body
or accumulation of water, whether surface or underground, public or private, or
natural or artificial, that is contained in, flows through, or borders upon any
portion of this State..."
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Pao Xiong violated Condition No. III. 6. f. 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
overapplying animal waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where runoff enters surface
waters.
E. Pao Xiong may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215.L
F. Pao Xiong may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
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 Pao Xiong
Farm pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
H. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION:
Accordingly, Pao Xiang is hereby assessed a civil penalty of:
for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$_ O for violating Condition No. M. 6. f. 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 overapplying animal
waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where
runoff enters surface waters.
S_ bn_o TOTAL CIVIL PENALTY, which is ,,.5 percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 513.54 Enforcement costs
S_ S,T 5 jj . S o _ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality