260035_CORRESPONDENCE_20171231

CORRESPONDENCE
NORTHAF�OL MA.
Department of EnvNronno tot Quol

` r• Site Requires Immediate Attention: —'�
Facility No.
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: &
aLr /3 , 1995
Time: 3 ' 1-5-- P/Je1
Farm Name/Owner:
Mailing Address: C 283�5_6
County:
integrator:_~_• Phone:
On Site Representative: Phone:
Physical Address/Location: G •• .►.�r�� ���
Type of Operation: Swine Poultry Cattle
Design Capacity: ` I z.�� Number of Animals on Site:
DEM Certification Number: ACE_ DEM Certification Number: ACNEW
Latitude: Longitude: "
Circle Yes or No
Does the Animal Waste Lagoon have suf�ent freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes or o Actual Freeboard: Ft. Inches do 4*4r-)
Was any seepage observed from the lagoon(s)? Yes or No Was any erosion observed? Yes or No ayJ$
Is adequate land available for sp y? Yes or No Is the cover crop adequate? Yes or No tiy9-
Crop(s) being utilized: /'
Does the facility meat SCS minimum setback criteria? 200 Feet from Dwellings? Yes or
100 Feet from Wells? Yes or
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or o'
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue ine: Yes or�'
Is animal waste discharged into water of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes or No If Yes, Please Explain. 4✓4!51
Does the facility maintain adequate waste management records (plumes of.manure, land applied,
svrav irrigated on svecific acreage with cover crop)? Yes oKNW .
cJ'i'
- ;_z0j_t4 Ins for Name
'2xlz
Signature
cc: Facility Assessment Unit Use Attachments if Needed.

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
January 15, 1998
4 •
NCDENR
NORTH CAROWNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Audra S. Pope
Johnson Swine
Rt 1 Box 328
Linden NC 28356 RECE 1 ®
®�uTajecr. Removal of Registration
Facility Number 26-35
���� Cumberland County
Dear Audra S. Pope:
FAYMEVILLE
This is to acknowledge receipt of yo&wsoa Macility no longer be registered as an active animal
waste management system per the terms of I SA NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain and implement a certified animal waste management plan and notify the Division
of Water Qualityprior to stocking animals to that level. Threshold numbers of animals that require certified animal
waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Paul with a li uid wastes tem 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
4169
cc: Fayetteville Wa eer.Quality Regional -Office
Cumberland Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 90% recycletll10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1 � •
on%
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
111r1E 25, 1998 ri"GE- V E®
Attn: Audoa S. Pope
Johnson Swine sUy 2 6 1998
Rt l Box 32$
Linden NC 2$356 Fi�YETTEV�LL,E
REG. OFFICE
SUBJECT: Retraction of Civil Penalty
Johnson Swine
Facility #: 26-35
Cumberland County
OV 97-14
Dear Audoa S. Pope:
On October 31, 1997, the Director of the Division of Water Quality assessed a $500.00 civil
penalty against the owner of the subject facility for failing to designate an operator in charge of the animal
waste management system. After a review of the information submitted in your remission request and given
the current status of this farm it is my decision to retract the civil penalty assessed in case number OV 97-14
and close our file on this matter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply all applicable rules and regulations at the subject farm. If you
decide in the future to increase the number of animals at this farm above the threshold numbers established by
15A NCAC 2H .0217, you must first comply with all requirements including designating an operator in
charge for the facility.
Thank you for your assistance in this matter. If you have any questions, please call
Shannon Langley at 733-5083, ext. 581.
Sincerely,
A. Preston Howard, J ., P.E.
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
Case file # OV 97-14
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer SO% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Audoa S. Pope
Johnson Swine
Rt 1 Box 328
Linden NC 28356
MOM
C>EHNF11
RECENEU
N,OV 1 21991
FLE
REG OFFICE
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 8F .0201
Johnson Swine
Facility #: 26-035
Cumberland County
Case #: OV 97-014
Dear Audoa S. Pope:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Audoa S. Pope in the amount of $500.00. This assessment is based upon the following facts:
Audoa S. Pope operates an animal operation and associated animal waste management
system in Cumberland County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance.with 15A NCAC 8F .0201(a), the owner of each animal operation having
an animal waste management system must submit a letter to the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November,;1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
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

Audoa S. Pope failed to designate an appropriately certified wastewater treatment
operator in responsible charge of the subject animal waste management system, in
accordance with 15A NCAC 8F .0201(a).
Based upon the above facts, I cbiiciiide as a rilatter bf law that Audoa S. Pape violated or
failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F
.0201. A civil penalty of not more than $1,000 per day may be assessed against a person who is
required but fails to designate an appropriately certified wastewater treatment operator as
required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F .0500.
Based upon the above facts and conclusions of law, I hereby assess Audoa S. Pope a
$500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 pursuant
to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201.
Please find attached another Operator in Charge designation form. Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information about designating a certified operator.
Within thirty days receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose
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 Water Quality
P.O. Box 29535
. Raleigh, North Carolina 27626-0535
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

t
hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the aitached 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 Chiet%DWQ
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 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
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

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. Shannon Langley at [phone],
extension 581.
-S incerely,
1�
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Regional-Supervisor-w/-attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer Wattachments
d

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST . r ) ADMINISTRATIVE 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 , 19

ANTI'VIAL WASTE MANAGEMENT SYSTEMi
OPERAT_ ORM CHARGE
E.SY GN TT OR
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: County.
OPERATOR IN CHARGE
Home Mailing Address.
City State Zip
Certificate T Social Security
Work Phone Dome Phone
Signature Date
OWNER
Mailing. Address. City
S tate Zip Telephone#
Signature Date
Please Mail to: WPCSOCC
'Division of Water Quality
P. O. Box 29535
Raleigh, N.C. 27626-0535

State of North Carolina
Department of'Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Audoa S. Pope
Johnson Swine
Rt 1 Box 328
Linden NC 28356
Dear Mr. Pope:
E)EHNF;Z
April 3, 1997 WECEIVED
APR 0 7 1997
REG. OFFica
SUBJECT: Notice of Violation
Designation of Operator in Charge
Johnson Swine
Facility Number 26--35
Cumberland County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C,G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions .concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet 1
cc: Fayetteville Regional Office
Facility File
- Enclosure
P.O. Box 29535, N%)CAn
'r FAX [phone]
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Audoa S. Pope
Johnson Swine
Rt 1 Box 328
Linden NC 28356
SUBJECT: Operator In Charge Designation
Facility: Johnson Swine
Facility ID#: 26-35
Cumberland County
Dear Ms. Pope:
NOV 19 1996
1ry,r�CE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form,must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026,
Sincerely,
A. Preston Howard, Jr., ,Director
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 N)af An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 y 50% recycled/10°/. post -consumer paper