WATKINS SWINE FARM_ENFORCEMENT_20171231

ENFORCEMENT
NUH I H U) HUL NA
Department of Environmental Qual

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 7, 1995
MR ROBERT WATKINS
ROBERT WATKINS HOG FARM
ROUTE 2 BOX 362
WADESBORO NC 28170
SUBJECT: Acknowledgment receipt letter
County: Anson
Case No. CD 94-013
Dear Mr. Watkins:
RECEIVED ..
MAR 8 1995
ENV. MANAGEMENT
FAYETTEVIILE REG.. OFFICE,
This is to acknowledge receipt of your check No. 2279 in the amount of $3,491.48 received from
Robert Watkins Hog Farm on February 22, 1995.
This satisfies in full the civil assessment levied against Robert Watkins Hog Farm and this case has
been closed. 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 me at [phone]
ext:233.
Sincerely,
.-pl Z. x1r,
Robert L. Sledge, Supervisor
Enforcement/Compliance Group
RLS/bc
cc: Rene o al Offh e_
m Enforceent/Compliance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 100/6 past -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Watkins
Robert Watkins Hog Farm
Route 2, Box 362
Wadesboro, NC 28170
SUBJECT:
Dear Mr. Watkins:
'i
IDEHNR
February 1, 1995
RECENEu
FES 6 199h
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
Assessment of Civil Penalties for Violation(s) of N.C.
General Statute(s) 143-215.1(a)(1)
Anson County
File No. CD 94-013
This letter transmits notice of a civil penalty assessed against Robert Watkins Hog Farm in the
amount of $3491.48 including $491.48 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 pursuant to N.CG.S. 143-215.6A(h). Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment, Health,
and Natural Resources (do not include waiverform). 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. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
2
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

2. Submit a written request for remission or mitigation including a
detailed ,justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282,1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3, Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must
request an administrative hearing. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the
petition must be served on the Department as follows:
Mr, Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, North Carolina 27611

it
Failure to exercise one of the options above within thirty- days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Linda Forehand or Dianne Williams
Wilburn at [phone].
M : .IUI I .
cc: Fayetteville Regional Supervisor
Compliance/Enforcement File
Central Files
Public information Office
Sincerely,
i
A. Preston Howard, Jr., P.E.

STATE OF NORTH CAROLINA
COUNTY OF ANSON
IN THE MATTER OF )
ROBERT WATKINS HOG FARM }
FOR A VIOLATION OF )
G.S. 143-215.1(a)(1) )
MAKING AN OUTLET INTO )
WATERS OF THE STATE )
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. CD 94-013
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.)
143-215.6A, I, A. Preston Howard, Jr., Director ❑f the Division of
Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. Mr. Robert J. Watkins is the owner of an animal feeding
operation located on SR 1252, near Peachland in Anson County,
North Carolina.
B. On August 29, 1994, DEM staff observed a discharge of
wastewater from an animal waste lagoon entering an unnamed
tributary to Big Branch, a tributary to Brown Creek and
eventually the Pee Dee River, in the Yadkin -Pee Dee River
Basin.
C. In a letter dated April 30, 1993, the Director, Division of
Environmental Management (BEM), notified Robert J. Watkins
by certified mail that said animal operation had been
designated a "Concentrated Animal Feedlot Operation" (CAFO) in
accordance with 15A NCAC 2H.0122 and 40 CFR 122.23.
D. The Director's letter stated that as a result of the CAFO
designation, all discharges of animal waste to waters of the
State must be permanently eliminated within 60 days or
an application for a National Pollutant Discharge Elimination
System (NPDES) permit must be submitted.

E. The Director's letter also stated that the CAFO designation
could be contested by filing a petition for an administrative
hearing in the office of Administrative Hearings (OAH) within
30 days of receipt of the designation letter.
F. Robert J. Watkins neither applied for an NPDES permit nor
petitioned for an administrative hearing to contest the CAFO
designation.
G. On August 29, 1994, personnel from DEM's Fayetteville Regional
Office inspected the animal operation and observed animal
waste overflowing the rim of a lagoon and entering an unnamed
tributary to Big Branch, a tributary to Brown Creek in the
Yadkin -Pee pee River Basin.
H. The waters of Big Branch are classified as Class "C" waters of
the State.
I. on October 21, 1994, the DEM Regional Supervisor sent Robert
J. Watkins a Notice of Violation stating that discharging
animal waste without a permit was a violation of G.S.
143-215.1. The Notice advised you that an enforcement action
was being prepared against this operation.
J. The costs to the State of the enforcement procedures in this
matter totalled $491.48.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Robert J. Watkins is a "person" within the meaning of
G.S.143-215.6A and G.S.143.212(4).
B. Big Branch constitutes waters of the State within the meaning
of G.S.143-215.1(a)(1) and G.S.143-212(6).
C. Mr. Robert J. Watkins' hog operation, a properly designated
CAFO, was required to obtain a NPDES permit prior to
discharging animal wastes into waters of the State.
D. Mr. Robert J. Watkins' discharge of animal waste into waters
of the State without a permit on or about August 29, 1994 was
a violation of G.S.143-215.1(a)(1).
E. A civil penalty of up to $10,000.00 per day of violation may
be assessed pursuant to G.S.143-215.6A(b).
F. The State's enforcement costs in this matter may be assessed
against Mr. Robert J. Watkins pursuant to G.S.143-215.3(a)(9)
and G.S.143B-282.1(b)(8).

G. The Director, Division of Environmental Management, pursuant
to delegation provided for by G.S.143-215.6A(h), 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. Robert J. Watkins is hereby assessed a civil
penalty of:
$ 30 O O. for making an outlet into waters of the
State in violation of G.S.143-215.1(a)(1).
$ TOTAL CIVIL PENALTY, which is (_0
percent of the maximum penalty authorized
by G.S.143-215.6A.
$ 491.48
$3Y91. N8'
Enforcement costs.
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount
of the penalty I have considered the factors listed in
G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the
State, to the public health, or to private property resulting
from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental -Management
Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
f 3 49.E a--
(D te) A. Preston Howard, Jr., F.E., Director
Division of Environmental Management

Rt. 2, Box 362
Wadesboro, N. C. 28170
December 9, 1994
1994
Mr. Ken Ave r i t t e ENY_ A NAGEMf•Ni
NCDEHNR-DEM FAYETTMLLE REG. OrIll
Suite 714, Wachovia Building
Fayetteville, N. C. 28301-5043
Dear Mr. Averitte:
In response to our telephone conversation this P.M. concerning
problems with my hog farm lagoon near Peachland, North Carolina,
I would like to outline the measures that I have taken to
eliminate the over flow problem.
1. Contracted Brian Souther to haul out 300,000
gallons of wastewater from the Peachland farm
lagoon and had spread on my pasture which is
a distance of twenty miles one way at a cost of
$60.00 per load of 3,000 gallons for a total
cost of $6,000.00.
2. I purchased the 3,000 gallon spreader truck,
pump and agiator from Brian Souther at a cost
of $16,500.00.
3. Renter tractor from Martin Bros. Equipment Co.
to pull pump and lowered lagoon.wastewater
approximately one foot at a cost of $150.00.
4. --Hired employee to-drIve truck and spread
wastewater at a cost of $250.00 per week.
Since I purchased the spreader truck, seventy-five additional
loads have been removed which has lowered the water line in
excess of one foot.
I am very sincere in keeping the lagoon problem under control.
Russell Sikes, Anson County Extension Agent, and I have worked
out a plan which will be mailed to you next week that will take
care of the problems.
There has never been my intention to cause problems with our
environment and I would appreciate all the help you can give
me concerning my lagoon near Peachland, N. c.
Sincerely,
��
Robert J. atkins

.18, .
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 28, 1994
MEMORANDUM
TO: STEVE TEDDER, SECTION CHIEF
WATER QUALITY S ION
FROM: KERR T. STEVE REGIONAL SUPERVISOR
FAYETTEVILLE R ONAL OFFICE
SUBJECT: ENFORCEMENT PACKAGE
ROBERT J. WATKINS HOG FARMS
BEAR PEACHLAND, ANSON COUNTY
Please find attached a fast track enforcement package pertaining to
the discharge of animal wastes at the subject designated CAFO. The
animal operation inspection form should effectively double as a list of
assessment factors. Also attached is a letter for the Director's
signature revoking the Deemed Permitted status of this facility and
requiring submission of a certified waste management plan.
If additional information or clarification is required, please
advise.
KTS/KA

State of North Carolina law
Department of Environment,
Health and Natural Resources 4
Division of Environmental Management
James B. Hunt, Jr., Governor C)
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED_MAIL
RETUM RECEIPT REQUESTED
Mr. Robert J. Watkins
Robert Watkins Hog Farm
Route 2, Box 362
wadesboro, NC 28170
SUBJECT: LOSS OF DEEMED PERMITTED STATUS
NOTICE OF VIOLATIONS
As Per 15A NCAC 2H.0217, and
NCGS 143-215.1(a)(2)
Robert Watkins Hog Farm
Near Peachland, Anson County
Dear Mr. Watkins:
Animal operations in the State have been deemed permitted by the Division
of Environmental Management in accordance with Title 15A of the North Carolina
Administrative Code, 2H, Rule .0217. An individual non -discharge permit is not
required if certain criteria are suet. A major requirement to be deemed
permitted is that there must not be a discharge of n�► wastewater from the
operation to the waters of the State.
This letter transmits a Notice of Violation and notification that your
animal operation has been found discharging wastewater to the surface waters
of the State and is therefore no longer deemed permitted as a non -discharge
facility under 15A NCAC 2H.0217. Therefore, the existing wastewater treatment
system serving your animal operation is currently being operated without a
permit as required by North Carolina General Statute 143-215.1. During a site
inspection on August 29, 1994, staff of our Fayetteville Regional Office
observed a discharge of wastewater over the rim of the smaller of your two
lagoons.
If you wish to be reconsidered for coverage by the deemed permitted
provision of the Rule, you must: 1) immediately eliminate the discharge of
wastewater; 2) make any modifications needed to ensure there will be no future
P.O. Box 29535, Rdeigh, North Carolina 2762E-0535 Telephone [phone] FAX [phone]
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Mr. Robert J. Watkins
Page 2
discharges; 3) send in an approved animal waste management plan by completing
the attached certification form. This form and a copy of your plan. must be
returned to:
Division of Environmental Management
Water Quality Section Planning Branch
P.O. Box 29535
Raleigh, N.C. 27626-0535
Your approved animal waste management plan must explain how you will
collect, store, treat and land apply your animal waste to the land in an
environmentally acceptable manner. To assist you in the development of this
plan and to provide the required certification that the plan is acceptable,
you should contact your local agricultural agencies such the Soil and Water
Conservation District, the USDA Soil Conservation Service, or the North
Carolina Cooperative Extension Service.
If we have not received the requested certification within 60 day of
receipt of this letter or if there are additional discharges to the surface
water, a civil penalty of up to $10,000 may be assessed and you may be
required to apply for an individual non -discharge permit from the Division.
This permit, if issued, will contain monitoring and reporting requirements
determined to be necessary by the Division.
If you have any questions concerning this matter, please do not hesitate
to contact either Mr. Michael Wicker, Fayetteville Regional Water Quality
Supervisor at [phone], or Dianne Williams Wilburn at [phone],
extension 233.
Sincerely,
A. Preston Howard, Jr.,P.E.
cc: Michael Wicker, Fayetteville Region WQ Supervisor
Mr. Robert Horton, Jr., Anson County District Conservationist
Ms. Carol Gibson, Anson County Health Department
Mr. Steve Bennett, Area 7 Regional Coordinator, DSWC
Planning Brand
Operations Branch
CAFO Files
APH/KA

IlgspzcTioN FORM FOR ANIMAL OPMIATIONS
1. Date of Inspection: August 29. 1994
2. Regional Office: Fayetteville
3. Name of Owner of Property: Mr. Robert J. Watkins
4. Name of Operator: Mr. Robert J. Watkins
5. Address: Route 2, Box 362
Wadesboro, North Carolina 28170
6. Phone Number:
[phone]
7. Description of Facility Location: This site is located on
SR 1252, approximately one-half mile west of —the function_with
SR 1240,,near Peachland in Anson County.
S. Date this facility began operation: Unknown. This facility has been
operated by Mr. Watkins since the mid to late 1980's. Prior to that
it was operated by a Mr. Charles Simpson.
9. Date of last expansion: None known _since_ BCquisition_by Mr,
Watkins,
10. Has the facility registered with DEM? Mr. Watkins two hog
farms in Anson County. Records indicate that his farm in Morven has
been registered, However, the Peachland farm that is the subject of
this re or wa not found during a check of registered facilities
11. Does the facility have an approved Animal Waste management Plan?
Not at this time,
Is one required? It is Qur intention -to, require one within
sixtv'days of notice,
12. Has this facility received a CAFO Designation? yes
Date issued: April 30, 1993
13. Type of Operation: Farrow to finish. However, much of the finishing
operation takes place elsewhere.
14. Number and type of Animals: 220 Sows capacity.
15. Length of time animals have been, are, or will be stabled, or
confined and fed or maintained in any 12 month period, 12 Months
16. Are crops, pasture, or post -harvest residues sustained in the
normal growing season over any portion of the lot or facility? No

17. Type of waste management: The animals kept -at this f-ac-Q UY are
confined in free stall barns with slotted floors over flushing
ipits, Waste i flu hed fr m the floor pits into he la on where
t is g2ntinuously recYclg4. A second smaller lagoon wag installed
tg collegt any excess water that may escape the primary waste 1pond,
Qn_an "as _needed" basis. wastewater is pumped from the lmon(s)
into a truck mounted tank and transported approximately 20 miles to
_ 4r,� l atkins farm near An,&Qnville.
18. Description of other animal operations in immediate vicinity and
proximity to same or other surface waters: Although there are
everal chicken and turkey gperations in the general vicinity,
where are none in close proximity.
19. Proximity of facility to neighboring houses, wells, etc.: A single
family dwelling (mobile home) is located approximately 400 feet
from the closest confinement house,
20. Approximate depth to groundwater table in the area of the facility
or discharge: 15-20 feet (estimated)
21. Proximity of facility to surface water (provide name and class of
surface waters): This, -facility -is -located immediately adlacent
to a ditch which drains approximately 500 feet into an unnamed
tributary to Big Branch, class "C" waters in the Yadkin_ -Pee nee
River Basin,
22. Animal waste discharge (including photos and witnesses names,
addresses, telephone numbers and statements of fact).
Photos of the discharge are attached. Present at the time of the
_ investigation and witness to the discharge was Mr, Linwood Taylor,
Brown__�Cre kSoil and Water Conservation District, 1706 Morven_Road,
Wadesboro, N.C. 28170-3142, Phone (704) 69,4-2710,
COR19f the laboratgry report is also attached m le
locations are identified on the report, Upstream "flow" was
virtually non-existgnt. Given the close Rroximity of the upstream
sampling location to the discharge. it is suspected that this high
coliform count is also related to the discharge,
23. Are pollutants discharged into the waters of the State? If so,
how? (directly or by man-made ditch, flushing systems, or other
similar man-made device): Xn this case, pollutants are discharged
over the crest pf p Iggpon dike This waste holding laqoon is
located adiacent to a ditch which is tributary to waters of the
State,
24. Do or have discharges occurred in response to a storm event less
severe than the 25-year, 24-hour storm? (If yes, include a brief
listing of incidents and suspected causes.)
The waste disposal_ methad,employed_by Mr. Watkins is somewhat time
_'__.,and_laj2gr intensive, All excess wastewater must be ppmpgA into a
truck mounted -tank hick has approximately10 11 ns capacity.
This waste n then hauled pp2roxims toly 20 miles to a land
application site _near_"!2ny_ille, It is the opinion g€_this office

that the discharae_pbserved August 29 was not an isolated incident,
but directly related to the significant rainfall of_ the summer of
94 2 e r storm event has n documented However, for each
acre inch of_ rainfallJt�r-,, Watkins Rold have to make approximately
27 trips to his disposal site. (This is assuming that,gyeAoration
would remove the actual waste volume contributed.) This would be
required lust to M@intain the level in the_ lagoon.
The surface area of the two lagoons totals approximately 1.5
acres According to rainfall information provided for this region,
there were approximately four inches of rain in garly_Au4ust. This
calculates to six acre inches f excess water at the -Watkins farm
or approximately 162 truckloads,Unless the lagoons had sufficient
available frgeboard, it is difficlalt tg believe that the o=p and
_ haul activities_,covld manage this volume -and prevent the discharge.
similar discharge was Slocumented on -December 29
this'cas . a small ditch had been dug to allow the smaller _of_the
o lagoons to discharge, This discharge resulted in an enforcement
case, designation of the facilit_ as a CAFO, and assessment of a
civil penalty,
25. what is 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? No damages have been documented as a result of
- this violation. although the stream standard for fecal coliform. was
arossly exceeded on the day of the investigation.
26. What is the duration and gravity of the violation? According_bo
Mr. Russell Sikes of the Anson County Agricultural_Extengion
Service, Mr. Watkins began taking immediate measures to, eliminate
he discharge, Basedn obseryatignp downstream of the lagoon, i
is reasonable to believe thatthe dis_charae had occurred for
at least several days. Such a discharge has the potential for
serious water quality impacts.
27. Water Quality Assessment: (Include description of sampling, field
measurements, visual observations and slope and vegetative cover of
land adjacent to water, extent of rainfall and other factors
relative to the likelihood or frequency of discharge of animal
wastes and process wastewaters.) The effect on ground or surface
water quantity or quality or on air quality:
The area of the discharge from the small lagoon was completely
obscured by a dense growth of poke berry and briars. The rate
discharge was finally estimated at 3-5 GPM. A fecal coliform sample
was collected approximately 30 feet upstream of the discharge
point. Although ib_xpuld have-beenPreferable-to collect this
sample further upstream, travel was nearly impossible due to the
dense vegetative growth. Due to the nearly flat bottom and, low
background flow in the ditch, it is likely that this sample was
_ --affected bg the discharge.,Samples were also collected from the
overflow and from a point approximately 30 feet downstream of the
overflow.
Although Mr. Watkins has diverted most or all surface run-off
away from the lagoons. he must still deal with diregt rainfall. The

rainfall for July and August in Anson County totalled-ap-proximately
10.2 inches. Unless adequate freeboard wgs..,available, it i$ likely
that he diachargg was directlyrel rainfall. Since it
discharges into the smaller waste pond, the larger lagoon usually
maintains a few inches of freeboard. Since eleYation_of the dike
around the smaller lagoon is lower than the water level in the
Primaryn necessary blggk the connection between
the two lagg2aa in 1992 in order to quickly eliminate the
discharge, 1 iremains blocked, r the water level in
the larger lagoon is maintained below the elevation of the
connecting vim,r i 1 m i le to Prevent
discharge, QD the date of the inspection, it appeared_thIt the
barrier upstream gf_thgc9nnecting pipe had eroded, thereby
allowing 1gH into the small lagoon nd eventually to the stream
There has been no known impact to ground water or air quality.
28. What is the cost of rectifying the damage? }/A
29. What is the amount of money saved by noncompliance? The only known
financial benefit n m lian oul be the reduced os f
oumping and haulinghe wastewater, MrWatkins has sufficient
Pasture i z he nutrients in this waste However, t the
time, his transportation equipment consisted of an old -oil delivery
truck in somewhatr shape. Handling and dis asin f this waste
reemires sicmificant time,in additign to the tual cost of
transportation, (Mr. Russell Sikes of the Anson County Agricultural
Extensionn is that Mr . -_Watkins h purchased more
up-to-date pump truck with a_larger tank. This equipment was
reportedly used to pump thelagoong down to an acceptable level
since the August 29 inspection -I
30. Was the violation committed willfully or intentionally? Y/N No,
It is the opinion of this office that the violator.was simly
Physically unable to keep the lagoons drawn down to an acceptable
- level, — -—
31. What is the prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority:
Mr -Watkins, Pgachland farm has been the subiect of several
complaints and NOV's, In March of 1988, Mr. Watkins, then doing
business as Rocky River Farms, was issued a NOV for allowing he
waste handling lagoon at this facility to overflow. This_problem
wag guickly resolvedwith the gonstruction ofthe.-small lagoon,
complaintfil n December-1290 alleqq4 thathe facilit
-, _was,,.@Rgin discharginq,._Ze subseguen„t investiciatign_ by Regional
f e staff f n e f i char
A complaint filgd in December of 1992 indicated that the
lagoon was again overflowing, and that Mr. Watkins was actupj-11
Pumping waste directly into the nearby drainage ditch. A oil&
ins22ction on De 1992, found that the gmaller 1 n was
in fact discharging through a small oap intentionally cut in the
lagoon rim, This was freely admitted by Mr. Watkins, who indicates

that the small ditch would lessen the possibility of oyertonnina
the lagoon and eventual dam failure. An enforcement action -was
intitiated (CF 93-02) and a civil Penalty assessed and collected.
The was no evidence to supportthe_glleged waste Pumping.
Interim visits to the farm have found it in,complianr2 until
this most recent complaint.
32. What is the cost to the State for the enforcement procedures?
Costs to the State are as follows:
- Investigator Rate/Hour No. Hours cost.
Ken Averitte $19.32 12 $231.84
5uPervisory Review
Michael Wicker $24.48 1 $24.28
Kerr T. Stevens $31.36 1 $31.36
ZgAnpMrtation State Vehicle 190 miles @ .20/mile $38.00
Laboratory fees 3 samples @ $22/each $66.00
Attorney Generals Office Review $100.00
TOTAL COST $491.48
33. Type or general nature of business: The Robert Watkins Hog farm-i-s
mngXAtjvftjX - @Mall _2riyntglyine farm,
34. What is the violators degree of cooperation (including efforts to
prevent or restore) or recalcitrance?
Although Mr. Watkins has been found in violation on other
occasions, he has always been extremely cooperative in correcting
every i a i n, Since the discovery gf the molt recent discharge,
Mr. Watkins has -contract Fith a company specializing in lagoon
cleanout and Pumped these lagoons down by several feet. He has also
effectively blocked the connection between the two lagoons. T2
better manage the waste, he has purchased another truck with a
3.000 gallon tank and a sludge aaitptgr for lagoon gleaning
According to Mr. Watkins and the local agriculture agent, the most
recent discharge was eliminated soon after discovery,
35. Are there any Mitigating Circumstances: fir. Watkins has already
commenced efforts toward obtaining an approved waste management
Plan. Other than this, there are no known mitigating circumstances.
Properly maintained, the waste Ponds should have been „able to
accomodate even a wet summer,
36. Assessment Factors:
a. IWC: wh
b. Receiving Stream: Big Br n h a " " waters, Yadkin -Pee pee
Basin
C. Damage: _None Documented

37. A copy of the April 30, 1993 Designation letter is attached.
38. Recommendations made to Owner/Operator: Eliminate discharge by
-n ping r m i inim f 2 f re r i
lagoons.
39. Recommendations for further DER Action: Facility will be
re -inspected. Operator should be required to provide certified
- waste management plan. Enforcement action is warranted and
recommended.
40. Other comments: Kr, Watkins maintains that he was not aware of the
discharge it the day of the regional staff vi i. Hg is very
much aware of the possible consequences of this event, Fie has
vaguelyimplied that the connection between the two lagoons may
have been tampered with. He had mad2 earlier efforts to block this
pine, simplifying the waste removal process as well as_makina
it easier to monitor iagg2n levels.

State of North Carolina
Department of Environment, Coll'
Health and Natural Resources 4 • •
Fayetteville Regional Office
IV M
James B. Hunt, Jr., Governor ID � H N R
Jonathan B. Howes, Secretary
Andrew McCall, Reglonal Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 21, 1994
CERTIFIED_MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Watkins
Route 2, Box 362 .
Wadesboro, North Carolina 28170
SUBJECT: NOTICE OF VIOLATION
NC General Statute 143-215.1(a)(1)
Making an Outlet to Waters of the State
by Allowing a Discharge from an
Animal Waste Holding Lagoon
Robert'Watkins Hog Farm, Near Peachland
Anson County
Dear Mr. Watkins:
On August 26, 1994, this office received another complaint concerning
your hog farm located near Peachland. According to the complaintant, the
smaller of the two lagoons was once again overflowing and discharging into a
tributary to Brown Creek.
Staff of the Fayetteville Regional Office visited this farm on August 29,
1994 and confirmed that this lagoon was in fact overflowing. The discharge was
over the rim of the lagoon, at the same point as discovered in the December
1992 investigation by our staff. The smaller lagoon was again receiving excess
waste from the primary lagoon and, lacking adequate freeboard, discharging
into the nearby drainage ditch. As you know, such a discharge is in violation
of North Carolina General Statutes governing wastewater disposal. By allowing
this discharge to take place, you have effectively made an outlet into waters
of the State without the appropriate permit, a violation of NC General Statute
143-215.1(a)(1). This violation subjects you as the owner to the enforcement
authority of the Environmental Management Commission and possible assessment
of additional civil penalties, possibly up to $10,000 per day of violation.
Wachovla Bdlding, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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Page 2
October 20, 1994
The purpose of this letter is to advise you (1) to take immediate action
to eliminate this discharge; and (2) that another report is being prepared and
forwarded to our Enforcement and Compliance Group. This report will detail the
moat recent discharge and very likely result in assessment of another civil
penalty. Recent guidance on these matters leaves us no alternative but make
such a recommendation. You will be advised in the near future of the decision
in this case. Also, you will soon be receiving correspondence requiring you to
submit an approved and certified waste management plan, providing specific
details concerning waste disposal. Failure to do so could subject you to still
further enforcement action.
Should you need additional
matter, or if -this office can
Michael Wicker, Regional, Water
[phone].
information or clarification concerning this
be of assistance, please contact either Mr.
Quality Supervisor, or Mr. Ken Averitte at
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Kerr T. Stevens
Regional Supervisor
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I also wish to receive the
to • Complete items 9, and 4a & b.
following services Ifor an extra
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PS Form 3811, December 1991 *U.s,GPO: l4ea--W2a14 DOMESTIC RETURN RECEIPT

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MR ROBERT WATKINS
ROBERT WATKINS HOG FARM
ROUTE #2 Box 362
WADESBORO NC 28170
SUBJECT: Acknowledgment receipt letter
County: Anson
Case No. CF 93-02
Dear Mr. Watkins:
Llm.;WA
�EHNFZ1
August 26, 1993
I�,cNr
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ENV. MANAGEMENT
rAyETTE1/IUE REG, or! lr'
This is to acknowledge receipt of your check No. 1757 in the amount of $2,329.36
received from Robert Watkins Hog Farm on August 26, 1993.
This satisfies in full the civil assessment levied against Robert Wakins Hog Farm and
this case has been closed. Payment of these penalties in no way precludes further action by
this Division for future violations of the NPDES Permit. If you have any questions please
call or me at [phone].
Sincerely,
� r
Dianne Williams ilburn, Supervisor
Enforcement/Compliance Group
DW W/bL
cc: Regional Office
Enforcement/Compliance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]. FAX [phone]
An Equal Opportunity Affirmative Action Employer 500% recycled/ t 0% post -consumer paper
FIR

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 22, 1993
MR. ROBERT J. WATKINS
ROBERT WATKINS HOG FARM
ROUTE #2 BOX 362
WADESBORO NC 28170
RE: Request for Remission of Civil Penalty
Robert Watkins Hog Farm
File No. CF 93-02
Anson County
Dear Mr. Watkins:
011War. OW RAa!yRAL
'^ 4 CE9 AND
� duNm DEvaI.oPHENT
`JUN 2 5 1995
OO Or 1991ROX41XTAI
0MUT fimm am
The Division of Environmental Management has received your request for remission of civil
penalty dated May 24, 1993, with accompanying support information. Your request will be placed on the
agenda of the Director's next scheduled enforcement conference and you will be notified of the results.
Should you have any questions, please feel free to call me at [phone], ext. 233.
cc: DEM Fayetteville Regional Office
Enforcement File
Sincerely,
J
Dianne Williams Wilburn, Supervisor
Compliance/Enforcement Group
UX 29 19lA
ENV. MANAGEMENT
FAYETTEVILLE REQ OFFICE
P.O. Sox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

NCDEHNR-DEM-WQ-CompliancelEnf orcement - [phone] - Created, Friday, July 16,199311:21 AM - Page 1 of 1
--------------------------- -r-------------------------------------------------
}
S
Director's Enforcement Conference Agenda Items
From the Water Quality Section �1111 - 1$ 1993 `
August 4, 1993 ENV- MANAGEMENT
NEW CASES rAYETTEVILLE REG- OFFICF
REGION VIOLATOR COUNTY CASE IC
MRO Choice USA Beverage, Inc
MRO City of Hickory
WAO Spring Valley Meats
REG. VIOLATOR
ARO Highlands Assembly of God
ARO M-B Industries
FRO Jackie Bass Swine Farm
FRO Robert Watkins
MRO City of Gastonia Crowders
Creek iFi' A7P
MRO Stcvccoknit
Gaston
WQ 93-06
$687.13
Catawba
WQ 93-02
$529.05
Wayne
WQ 93-02
$712.52
REMISSION REQUESTS
COUNTY
CASE
CP
Macon
RV 93-41
$250.00
Transylvania
DV 92-13
$1000.00
Sampson
CD 93-07
$3000.00
Anson
CF 93-02
$3000.00
Gaston
LV 93-01
$4500,00
Gaston LR 93-16 $500.00
MRO
Alexander Co. Schools
Alexander
LV 93-21
$3300.00
RRO
Saralane Farms
Franklin
CD 93-02
$3000,00
RRO
William Gay Hog Operation
Edgecombe
CD 93-09
$3000,00
RRO
Caledonia Correctional Institute
Halifax
LV 93-14
$3500,00
L:L
IC
$0.00
$207.10
$482.00
$329.36
S245.38
$0.00
$244.68
$293.85
$409.82
$315.93
WAO
Walter Cartwright Swine
Perquimans
CD 93-04
$3000,00
$222.68
Operation
WAO
Cedar Lane Hog Farm
Wayne
CD 93-06
$3000,00
$319.12
WSO
Roaring Gap Country Club
Allegheny
LM 93-01
$3700.00
$220.00
WSO
Ellis Property
Forsyth
RV 93-32
$250.00
$0.00
LR REMISSION REQUESTS
REGION VIOLATOR
COUNTY
CASE
CP
WIO
Advanced Cleanup
New
LR 93-16
$500.00
Technologies, Inc.
Hanover

A-.:: �
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Certified Mail
Return Receipt Requested
MR. ROBERT J. WATKINS
ROBERT WATKINS HOG FARM
ROUTE #2 BOX 362
WADESBORO, NC 28170
Dear Mr. Watkins:
! 4
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EDEHN1=1
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August 9, 1993 AUG ' 1 1993 �
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICF
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
County: Anson
File No: CF 93-02
I considered the information submitted in support of your request for remission in accordance
with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to
modify the assessment of $2329.36.
Should you choose to pay the full penalties, you may tender payment to me at the letterhead
address below on or before August 31, 1993. Please make checks payable to the Department of
Environment, Health, and Natural Resources.
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. The
committee may consider such requests and render final and binding decisions in these matters. You may
argue your request before the committee and Division Staff will argue against any reduction of the
assessment.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

August 9, 1993
Page Two
Should you choose to present your request to the committee please notify me at the letterhead
address on or before August 31, 1993. Your request will be scheduled to be heard on the agenda of the
next scheduled committee meeting and you will be notified of the date and time. If a response is not
received by the Division regarding this notice then your request will be scheduled on the agenda for an
upcoming committee meeting.
Thank you for your cooperation in this matter.
Sinc },
. Preston Howard, Jr., P.E.
cc: LFayetteville.R4bnal-Offic,a ;?
Enforcement File

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. 14313-
282.1(b) were wrongfully applied -to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must
request an administrative hearing. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the
petition must be served on the Department as follows:
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, North Carolina 27611

Failure to exercise one of the options above within thia 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 Kent Wiggins or Dianne Williams
Wilburn at [phone].
Sincerely,
4A.eston Howar , Jr., P.E.
Director
ATTACHMENTS
cc: lRegiant�l"��=Sup r§-orl
Compliance/Enforcement File -
Central Files
Public Information Officer

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

c
STATE OF NORTH CAROLINA
COUNTY OF ANSON
IN THE MATTER OF
ROBERT WATKINS HOG FARM
FOR A VIOLATION OF
G.S. 143-215(e) CONSTRUCTING
A CONVEYANCE FOR THE WILLFUL
DISCHARGE OF POLLUTANTS TO
WATER OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. CF 93-02
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-
215.6A, I, A. Preston Howard, Jr., i4Director of the Division
of Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. Mr. Robert J. Watkins is the owner of an animal feeding operation
located on SR 1252, near Peachland in Anson County, North Carolina.
B. On December 29, 1992, DEM staff observed the willful discharge of -
wastewater from an animal waste lagoon entering an unnamed tributary
to Big Branch, a tributary to Brown Creek and eventually the
Pee Dee River, in the Yadkin -Pee Dee River Basin, via a man-made
ditch.
C. The waters of Big Branch are classified as Class "C" waters of the
State.
D. The costs to the State of the enforcement procedures in this matter
totalled $329.36.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Robert J. Watkins is a "person" within the meaning of G.S.
143-215.6A and G.S. 143-212(4).
B. Big Branch constitutes waters of the State within the meaning of
G.S. 143-215.1(a)(1) and G.s. 143-212(6).
C. The man-made ditch running from the waste lagoon was constructed for
the purpose of willfully discharging pollutants into waters of the
State in violation of G.S. 143-215(e).

Findings and Decision
Page 2
D. Swine waste from this waste lagoon is a "pollutant" as that term is
used in G.S. 143-215(e).
E. A civil penalty of up to $5,000.00 may be assessed for violations of
G.S.143-215(e).
F. The State's enforcement costs in this matter may be assessed against
Mr. Robert J. Watkins pursuant to G.S. 143-215.3(a)(9) and G.S.
143B-282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant to
delegation provided for by G.S. 143-215.6A(h), 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. Robert J. Watkins is hereby assessed a civil penalty of:
$ 24040.00
$ 90400. cc
For constructing a conveyance for the
purpose of willfully discharging
pollutants to waters of the State in
violation of 143-215(e).
TOTAL CIVIL PENALTY, which is
percent of the maximum penalty
authorized by G.S 143-215(e).
lCi Enforcement costs.
1329. 3E TOTAL AMOUNT ,ovg
As required by G.S. 143-215.6A(c), in determining the amount of the
penalty, I have considered the factors listed in G.S. 143B-282.1(b), which
are:
(1) The degree and extent of harm to the natural resources of the State, to
the public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air
quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
r

Findings and Decision
Page 3
(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.
1po
(Date) A. Preston Howar J .
-Director
Division of Environmental Management

e .r STA7T u
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James R Hunt, Jr., Governor April 30, 1993 Jonathan R Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. Robert Watkins
Route 2, Box 362
Wadesboro, NC 28170
SUBJECT: Designation of Concentrated Animal
Feeding Operation
Robert Watkins Hog Farm
State Road 1252
Near Peachland, Anson County
CAFO 93-016
Dear Mr. Watkins:
This letter is to notify you that your Anson County hog farm located near
Peachland on State Road 1252, approximately .8 mile southwest of State
Road 1240, is hereby designated a concentrated animal feeding operation in
accordance with Title 15, North Carolina Administrative Code 2H .0123, and
adopted Federal Regulations 40 CFR 122.23. The designation of your farrow to
finish operation was based on an inspection conducted on December 29, 1992, by
members of the staff of the Fayetteville Regional Office. This inspection
showed that you had established a concentrated animal feeding operation
requiring such designation based upon the following facts:
1. The smaller of your two lagoons was observed discharging into a
nearby drainage area. This discharge, by your own admission,
• was the result of a small breach intentionally cut for the
purpose of lowering the liquid level of the lagoon. The
wastewater ultimately flows into an unnamed tributary to Big
Branch, class "C" waters of the State in the Yadkin -Pee Dee
River basin.
P.O. Box 276r, Raleigh, North Carolina 27611.76r Telephone [phone] Fax ! 919,733-0513
An Equal Opportunity ARinTwrive Action Employe+

r �\
Mr. Robert Watkins
Page 2
January 14, 1993
2. This farrow to finish operation typically maintains 220 sows,
plus the attendant breed stock and offspring.
A National Pollutant Discharge Elimination System (NPDES) permit is
required for discharges of waste to the surface waters of the State. However,
if you can permanently eliminate the discharge by implementing changes within
sixty (60) days of your receipt of this notice, including, but not limited to,
modifications to lagoons and the implementation of a final waste disposal
plan, a permit application will not be required. If compliance has been
achieved, you must notify us in writing within sixty (60) days describing, in
detail, the changes or modifications you made.
If the discharge of waste to the surface waters of the State is not
permanently eliminated within sixty (60) days of receipt of this notice, an
NPDES permit application must be submitted within that time.
Permit applications should be submitted, in duplicate, to the Director,
Division of Environmental Management, P.O. Box 29535, Raleigh, NC 27625-0535.
Assistance, if desired, can be,pbtained by contacting Mr. Tommy Stevens, North --
Carolina Department of Environment, Health, and Natural Resources, Suite 714,
Wachovia Building, Fayetteville, NC 28301-5043, phone [phone]. The
applications should be accompanied by construction plans for the nondischarg-
ing animal waste management system.
For your information, the following items are enclosed:
1. One copy of the Federal Register - Concentrated Animal Feeding
Operations 40 CFR 122-23.
2. Three copies of NPDES Discharge Permit application - Short
Form B.
If you need financial or technical assistance with regard to managing
animal waste, you should contact the local Soil and Water Conservation
District Office at [phone].
If you wish to contest this Designation, you must request an administra-
tive hearing within thirty (30) days of your receipt of this Notice. This
request must be in the form of a written petition, conforming to Chapter 150E
of the North Carolina General Statutes, and filed with the Office of Adminis-
trative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. A copy of the
Petition should be filed with this office.
If you do not request an administrative hearing, this Designation will
become final in thirty (30) days.

Mr. Robert Watkins
Page 3
January 14, 1993
Should you have any questions regarding this matter, please do not
hesitate to contact'us.
gne1y,
A. Preston Howard, Jr., P.E.
Director
Division of Environmental Management
APH/ka
Enclosures
cc: Fayetteville"Regional"Supdivisor
Robert Horton, Jr., Anson County District Conservationist 4
Steve Bennett, Area 7 Regional Coordinator, DSWC
CAFO Files

.' STA72 o
' I F
State of North Carolina
Department of Em4ronment, Health, and Natural Resources
FayettevWe Reglona! Office
Jamey B. Hunt, if., Govemor
Jonathan $. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Watkins
Route 2, Box 352
Wadesboro, NC 28170
Dear Mr. Watkins:
February 16, 1993
SUBJECT: Notice of Violation & Recommendation
for Enforcement Action
NCGS 143-215(e) - constructing a
Conveyance for the Willful Discharge
of Pollutants to Waters of the State
Watkins 'Hog Farm, Near Peachland
Anson County
On December 28, 1992, this office received a complaint
discharge of animal wastes from a lagoon located at your
Peachland in Anson County. This waste was reportedly flowing
concerning the
hog farm near
to Brown Creek.
The discharge was verified the following day during a site inspection by
Fayetteville Regional Office staff. The smaller of your two waste holding
lagoons was observed discharging into a drain tributary to Big Branch, which
eventually flows into Brown Creek. During the course of the inspection, you
indicated that a small ditch had been cut in the top of the lagoon in order to
produce this discharge. As you were advised at the time, such a discharge is
in violation of North Carolina General Statutes governing wastewater disposal.
Constructing a conveyance for the willful discharge of waste into waters of
the State is in violation of NCGS 143-215(e). The ditch cut into the top of
the lagoon constitutes such a conveyance. This violation subjects you as the
owner to the enforcement authority of the Environmental Management Commission
and possible assessment of civil penalties of up to $5,000. Additional
discharge of wastewater could be held as violations of NCGS 143-215.1(a)(1),
and result in additional penalties of up to $10,000 per day of violation.
WKtK)'& Bu furs, SEfte 714 • Fayettrut3e., North Cmanra ZMI-5043 0 TekqF+arie 919-4WI541 v FAX 914-48"707
An Equal OPPWIr y MmW" Ackm Ej*om

Mr. Robert Watkins
Page 2
February lb, 1993
The purpose of this letter is to advise you that a report has been
prepared and forwarded to our Enforcement and Compliance Group. This report
contains recommendations that your feedlot be designated as a concentrated
animal feeding operation. Also included is a regional office enforcement
report detailing the violation observed on December 29, 1992. Upon completing
a review of this matter, a determination will be made as to whether additional
enforcement action is appropriate. In this case, assessment of civil
penalties should be anticipated. You will be advised in the near future
concerning this decision.
Should you need additional information or clarification concerning this
matter, or if this office can be of assistance, please contact Mr. Ken
Averitte at [phone].
ierely,
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SENDER:
• Complatp items t and/or 2 for additional services.
I also wish to receive the
• Complete items 3,'and 4a & b.
following services (for an extra
• Print your name and address on the reverse of this form ea that ws can
fee):
return this card to you.
• Attach this form to the front of the maitpioce, or on the back if
space
1 , J Addressee's Addre8s
does not permit,
• • write "Return Receipt Requested" "the mailpiece below the article
number-
2., I- Restricted Delivery k
• The Return Receipt Fes will provide you the signature of the person deliver$
to and the date of delivery.
Consult postmaster for fee. ttf(
3. Article Addressed to:
4a. Article Number
MR ROBERT WATKINS
P 329 279 230
ROUTE 2 BOX 362
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ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
PHONE:

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December 4. 1992
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JAN 25 199'3
ENV, MANAGEMENT
FAYETTEVILLE REG. OFFICF
RE: Robert Watkins pig farm, Lower Wnite Store Road, Anson County, NC
t own property adjacent to Robert Watkins' pig farm in Anson County. OvPr the past ten year:=
waste has aeon pumped and/or allowed to overflow onto the surrounding land in these wsy-!.
1. At tirsi, a buried pipe drained waste directly onto my property.
2. Next, waste was allowed'to flow in a ditch dug around the lagoon onto my property.
3. Afrter that, a gasoline operated pump placed on the dam of trte lagoon pumpoo waste
from the lagoon onto the adjacent property,
4. Now, a second lagoon has been dug to handle the overflow of the original lagoon. A
small ditch from this second lagoon carries the waste into a large trench () fet4l
de"Pp"by 18 feet wide) onto my property and, eventually, into Brown's Creel;.
Bec{fuse of all of this, I have lost several acres of trees. Officials from Raleiqh •.,,id Fayetteville
have oeen notified each time• As a result of my complaints and subsequent state governmf,'nt
a&on, I`J[r. Watkins simply changes his method of illepally disposing waste onto the surtounding
is ?
This year, for the first time in over ten years, I occasionally see a tructc take a load of via::' _
from the lagoon. However, once I saw that the vatves on the truck were opened to allow tha
waste to flow out of the #ruck, into the ditch around the lagoon, and onto my land.
This piq farm is still an extreme problem. I have photographs and a video for you to see the
current condition. Additionally, I have five witnesses who were with me when t took the
pictures as well as others who have seen these incidents at other times.
When these pictures were taken, there was a dead pig in the large lagoon. This is Watkins
method of disposing of small and medium size pigs.
I can be reached at (704) 272-7 O3. I look forward to your assistance in this matter.
u u V-+ nay �i4 n J n r .� 1� n� �-7 a $'a - ;t-7 9 r
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Eugene U. Birmirigham r
RECEIVtn
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DIVISION OF ENVIRONMENTAL, MANAGEMENT
January 14, 1993
M E M 0 R A 13 A U M
TO: Steve Tedder, Chief
Water Quality Section
P' •
FROM: M. J. Noland, Regional Supervisor'
Fayetteville Regional Office
SUBJECT: CAFO Designation and Fast Track Enforcement
Robert Watkins Hog Farm
Near Peachland, Anson County
Please find attached a letter prepared for the Director's signature
which deals with the CAFO designation of the subject facility. Also attached
is the appropriate -fast track enforcement package for willful discharge of
wastewater from this facility.
If additional information or clarification is required, please advise.
MJN/ka
Enclosures

ME
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 276U4
James B. Hunt, Jr., Governor Jonathan R Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 14, 1992
CERTIFUD )MXL
&MM RECEIPT REQUESTED
Mr. Robert Watkins
Route 2, Box 362
Wadesboro, NC 28170
SUBJECT: Designation of Concentrated Animal
Feeding Operation
Robert Watkins Hog Farm
State Road 1252
Near Peachland, Anson County
Dear Mr. Watkins:
This letter is to notify you that your Anson County hog farm located near
Peachland on State Road 1252, approximately .8 mile southwest of State
Road 1240, is hereby designated a concentrated animal feeding operation in
accordance with Title 15, North Carolina Administrative Code 2H .0123, and
adopted Federal Regulations 40 CFR 122.23. The designation of your farrow to
finish operation was based on an inspection conducted on December 29, 1992, by
members of the staff of the Fayetteville Regional office. This inspection
showed that you had established a concentrated animal feeding operation
requiring such designation based upon the following facts:
1. The smaller of your two lagoons was observed discharging into a
nearby drainage area. This discharge, by your own admission,
was the result of a small breach intentionally cut for the
purpose of lowering the liquid level of the lagoon. The
wastewater ultimately flows into an unnamed tributary to Big
Branch, class "C" waters of the State in the Yadkin -Pee Dee
River basin.
RO Sox 27687, Raleigh, North Carolina 27611-76r Telephone [phone] Fax / 919-733-0513
An Equal Opportunity Affirmative Action Employer

A
Mr. Robert Watkins
Page 2
January 14, 1993
2. This farrow to finish operation typically maintains 220 sows,
plus the attendant breed stock and offspring.
A National Pollutant Discharge Elimination System (NPDES) permit is
required for discharges of waste to the surface waters of the State. However,
if you can permanently eliminate the discharge by implementing changes within
sixty (60) days of your receipt of this notice, including, but not limited to,
modifications to lagoons and the implementation of a final waste disposal
plan, a permit application will not be required. if compliance has been
achieved, you must notify us in writing within sixty (60) days describing, in
detail, the changes or modifications you made.
If the discharge of waste to the surface waters of the State is not
permanently eliminated within sixty (60) days of receipt of this notice, an
NPDES permit application must be submitted within that time.
Permit applications should be submitted, in duplicate, to the Director,
Division of Environmental Management, P.O. Box 29535, Raleigh, NC 27625-0535.
Assistance, if desired, can be obtained by contacting Mr. Tommy Stevens, North
Carolina Department of Environment, Health, and Natural Resources, Suite 714,
Wachovia Building, Fayetteville, NC 28301-5043, phone [phone]. The
applications should be accompanied by construction plans for the nondischarg-
ing animal waste management system.
For your information, the following items are enclosed:
1. One copy of the Federal Register - Concentrated Animal Feeding
Operations 40 CPR 122-23.
2. Three copies of NPDES Discharge Permit application - Short
Form B.
If you need financial or technical assistance with regard to managing
animal waste, you should contact the local Soil and Water Conservation
District Office at [phone].
If you wish to contest this Designation, you must request an administra-
tive hearing within thirty (30) days of your receipt of this Notice. This
request must be in the form of a written petition, conforming to Chapter 150B
of the North Carolina General Statutes, and filed with the Office of Adminis-
trative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. A copy of the
Petition should be filed with this office.
If you do not request an administrative hearing, this Designation will
become final in thirty (30) days.

Mr. Robert Watkins
Page 3
January 14, 1993
Should you have any questions regarding this matter, please do not
hesitate to contact us.
Sincerely,
A. Preston Howard, Jr., P.E.
Acting Director
Division of Environmental Management
APH/ka
Enclosures
cc: Fayetteville Regional Supervisor
Robert Horton, Jr., Anson County District Conservationist
Steve Bennett, Area 7 Regional Coordinator, DSWC
CAF4 Files

STATE OF NORTH CAROLINA
COUNTY OF ANSON
IN THE MATTER OF
ROBERT WATKINS HOG FARM
FOR A VIOLATION OF
G.S. 143-215(e) CONSTRUCTING
A CONVEYANCE FOR THE WILLFUL
DISCHARGE OF POLLUTANTS TO
WATER OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. CF
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-
215.6A, I, A. Preston Howard, Jr., Acting Director of the Division
of Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. Mr. Robert J. Watkins is the owner of an animal feeding operation
located on SR 1252, near Peachland in Anson County, North Carolina.
B. On December 29, 1992, DEM staff observed the willful discharge of
wastewater from an animal waste lagoon entering an unnamed tributary
to Big Branch, a tributary to Brown Creek and eventually the
Pee Dee River, in the Yadkin -Pee Dee River Basin, via a man-made
ditch.
C. The waters of Big Branch are classified as Class "C" waters of the
State.
D. The costs to the State of the enforcement procedures in this matter
totalled $329.36.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Robert J. Watkins is a "person" within the meaning of G.S.
143-215.6A and G.S. 143-212(4).
B. Big Branch constitutes waters of the State within the meaning of
G.S. 143-215.1(a)(1) and G.S. 143-212(6).
C. The man-made ditch running from the waste lagoon was constructed for
the purpose of willfully discharging pollutants into waters of the
State in violation of G.S. 143-215(e).

Findings and Decision
Page 2
D. Swine waste from this waste lagoon is a "pollutant" as that term is
used in G.S. 143-215(e).
E. A civil penalty of up to $5,000.00 may be assessed for violations of
G.S.143-215(e).
F. The States enforcement costs in this matter may be assessed against
Mr. Robert J. Watkins pursuant to G.S. 143-215.3(a)(9) and G.S.
143B-282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant to
delegation provided for by G.S.'143-215.6A(h), 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. MIS_ION:
Accordingly, Mr. Robert J. Watkins is hereby assessed a civil penalty of:
For constructing a conveyance for the
purpose of willfully discharging
pollutants to waters of the State in
violation of 143-215(e).
TOTAL CIVIL PENALTY, which is
percent of the maximum penalty
authorized by G.S 143-215(e).
Enforcement costs.
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the
penalty, I have considered the factors listed in G.S. 143B-282.1(b), which
are:
(1) The degree and extent of harm to the natural resources of the State, to
the public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air
quality;
(4) The cost of rectifying -the damage;
(5) The amount of money saved by noncompliance;

Findings and Decision
Page 3
(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) A. Preston Howard, Jr.
Acting Director
Division of Environmental Management

DIVISION OF ENVRONMENTAL MANAGEMENT
ENFORCEMENT CASE ASSESSMENT FACTORS
TYPE: (CF) CAFO - Willful Discharge
Violator: Robert J. Watkins
Address: Route 2 Box 362
Wadesboro, NC 28170
Regional Office: Fayetteville
Registered Agent: N/A
Address: N/A
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:
No damages or stream standard violations are known to have been caused by
this particular violation. Prior discharges are alleged to have caused
damage to trees located off Mr. Watkins' property. The complaintant in
this case, Mr. Eugene D. Birmingham, is concerned that such a discharge
may cause damage to recently set trees located on his property.
2. The duration an grav
ity_ of the violation:
Mr. Watkins began taking measures to eliminate the discharge on the same
day as the regional office visit, December 29, 1992. However, the
duration of the violation is unknown since investigators have no way of
knowing when the lagoon was breached, thus allowing the overflow. Such a
discharge, intentional or otherwise, could have serious impacts on
surface water quality.
3. The effect on_ ground or surface water quantity or guality or on air
quality:
No violations of surface water standards were documented.
4. The cost of rectifying the damage: N/A
5. The amount of money saved by noncompliance:
Although no specific dollar amount can be determined, it is believed that
the violator saved substantially on the costs associated with pumping and
hauling wastewater to his disposal site located approximately 15 miles
away. Discharging the wastewater eliminated this otherwise necessary
activity.
6. The Prior record of the violator in complying or failing to comply with
Programs over _which the Environmental Management Commission has regula—
torn authority:
In March of 1988, Mr. Watkins, then doing business as Rocky River Farms,
was issued a Notice of Violation for allowing the waste handling lagoon
at this facility to overflow. This problem was promptly resolved by the

Enforcement Case Assessment Factors
Page 2
construction of a new lagoon, effectively increasing the storage capacity
and eliminating the discharge.
A complaint filed in December 1990 indicated that the facility was again
discharging. A subsequent investigation by the regional office staff
found no evidence of a discharge.
7. The golit tg the gtat@ for h enforc ment procedures:
Manhours Rate/Hour Cost
16 $18.46 $295.36
Transportation (State yehigle)
170 miles @ $.20/mile $ 34.00
TOTAL COST OF INVESTIGATION $329.36
8. violator's decireef coolperation(including efforts to prevent or
restore) or recalcitrance:
The violator has been very cooperative on every occasion.
9. Mitigating cir tances:
None, although the violator contends that heavy rainfall in recent days
had aggravated the situation.
10. Assessment Factors:
a) IWC: Unknown, but probably very loan due to high stream flows.
b) Receiving Stream: UT to Big Branch, class "C", Yadkin -Pee Dee
River Basin
c) Damage: None suspected
11. An Animal Operations Inspection Form is included.
12. A CAFO Designation letter is attached.

ANIMAL OPERATIONS INSPECTIONS FORTY!
Date of inspection: December 29, 1992
Name of Owner of Property: Mr. Robert Watkins
Name of Operator: Same
Address: Route 2, Box 362
Wadesboro, NC 28170
Phone Number: [phone]
Description of Facility Location: This facility is located on the southeast
side of SR 1252, approximately .8 mile southwest of the junction with SR 1240.
This location is approximately 2.5 miles out of Peachland in Anson County.
Type of Operation: Farrow to finish hog operation
Number and Type of Animals or Animal Units: This is a 220 sow operation.
Length of Time Animals Have Been, Are, or Will Be Stabled, or Confined and Fed
or Maintained in Any 12 Month Period. Twelve months
Are Crops, Vegetation Forage Growth, or Post -Harvest Residues Sustained in the
Normal Growing Season Over any Portion of the Lot or Facility? No
Description of Other Animal Operations in Immediate Vicinity and Proximity to
Same or Other Surface Waters: Several poultry operations exist within the same
community.
Proximity of Facility to Neighboring Houses, Wells, etc.: A mobile home is
located on Mr. Watkins' property, approximately 400 feet from the confinement
houses.
Approximate Depth of Groundwater Table in the Area of the Facility or Dis-
charge: >15 feet
Proximity of Facility to Surface Waters: This facility is located approxi-
mately 500 feet from an intermittent drain tributary to Big Branch, class
"C" waters in the Yadkin -Pee Dee River Basin.
Are Pollutants Discharged into the Waters of the State? If so, How? The small
lagoon in use at this site was observed December 29, 1992, discharging over
the rim, eroding a gully down the back slope. Mr. Watkins admitted that a
small notch was cut in the top of the bank in order to lower the water level
in the lagoon.

Animal Operations Inspections Form
'Page 2
Do or Have Discharges Occurred in Response to a Storm Event of Less Than a
25-Year. 24-hour Intensity? (If yes, include a brief listing of incidents and
-:,,suspected causes.): Mr. Watkins indicated that heavy rains during the month
of December, plus the manpower lost during the Christmas holidays, had created
a situation leading to the discharge. No extreme storm events are known to
have occurred. Although he did not indicate when the lagoon was "breached,"
inspection of the backslope showed significant erosion, indicating that this
condition had existed for some time.
This facility has been the subject of prior complaints as early as 1985. An
:investigation at that time found the facility abandoned. The complaintant, Mr.
Gene Birmingham, indicated that the lagoon wall had burst some time earlier
A within the prior 1-2 months) and discharged wastewater onto his property. In
«_ •�7t,he absence of any livestock or waste flow, the lagoon level remained down.
- Any discharge -that continued was the result of rainfall. The bankrupt owner,
.=Mr. Charles Simpson, was advised in a letter from the Fayetteville Regional
:Office that in order to prevent further discharges, the lagoon should be
.pumped down or the breach repaired. Mr. Russell Sikes, the Anson County
Agricultural Extension Agent, agreed to monitor the situation and ensure that
the problems be resolved.
In March -of 1988, Mr. Birmingham complained that the facility had reopened and
was once again discharging wastewater. A site visit by Regional Office staff
found evidence of a lagoon overflow. A Notice of Violation was issued on the
site (NOV 002006) to Mr. Robert Watkins, then operating as Rocky River Farms,
instructing him to take the necessary measures to eliminate any further
discharges. The problems were promptly resolved by construction of an addi-
tional lagoon for use as an emergency storage basin. This basin was to accomo-
date waste flows during periods where the waste flow exceeded the land
disposal capabilities.
Another complaint was lodgers by Mr. Birmingham in December of 1990. However,
- investigation by Regional Office staff could find no basis for the complaint
.,and no discharge.
None of :these complaints are confirmed to be weather related.
Type of Waste Management: Animals are confined in swine houses with underfloor
'flushing•of waste into a lagoon. Waste from the lagoon is pumped into a truck
ate: and land,applied in a pasture owned by Mr. Watkins. This pasture is located
tsar Ansonville, approximately 15 miles from the hog farm.
-�Conditi= of Waste Management Facility: Although the large lagoon appears to
be in satisfactory condition, mowed and intact, the smaller lagoon is over-
-grown and overflowing. Since this lagoon is connected by a pipe to the larger
.1't�goon and is situated at a lower elevation, it is obvious that this would be
tYie lagoon to discharge,

Animal Operations Inspections Form
Page 3
Animal Waste Discharge (including photos and witness, names, addresses,
telephone numbers and statements of fact):
Present at inspection were Mr. Robert Watkins, Mr. William Ingold, farm
manager, Mr. Ricky Revels, Fayetteville Regional Office staff, and Mr. Ken
Averitte, also of the Fayetteville Regional Office.
Mr. Watkins, by his own admission, had Mr. Ingold to make a small breach in
the top of the smaller lagoon. The date of this activity is unknown.
Water Quality Assessment: (Include description of sampling, field measure-
ments, visual observations and slope and vegetative cover of land adjacent to
water, extent of rainfall and other factors relative to the likelihood or
frequency of discharge of animal wastes and process wastewaters): No sampling
was conducted. No significant environmental damage was observed in the immedi-
ate vicinity. Due to the time of the year, it was difficult to determine
possible effects on the plant community. Access to an actual stream is severe-
ly limited.
Recommendations Made to Owner/Operator: Mr. Watkins was advised to close the
breach in the lagoon wall immediately and increase his pumping activities
until suitable freeboard was obtained in the large lagoon. Although this
lagoon was not discharging (except into the other lagoon), freeboard was
dangerously low.
Recommendations for Further DEN Action: Facility is to be re -inspected early
January 1993. Action is being taken to designate this facility as a CAFO.
Also, an enforcement report will be prepared recommending assessment of civil
penalties for the willful discharge of wastewater.
Other Comments: None