820138_ENFORCEMENT_20171231 (2003)

ENFORCEMENT
NORTH CAROLINA
Department of Environmental Qual

a
�oF W Al 7 -FR JAN p 3 12003 Michael F. Easley
`O G Governor
r i William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Kllmek, P.E. Director
Division of Water Quality
Jaunary 9, 2003
MR LIN WOOD EASON
EASON FARMS
32 EASON ELMORE ROAD
DUNN NC 28334
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # PC 00-051
Farm # 82-138
Sampson County
Dear Mr. Eason:
This letter is to acknowledge receipt of your check No. 1558 in the amount
of $356.00 received on December 11, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
SL:sw
CC: Ra-16gh.RegionM-Office
Enforcement File: PC 00-051
Central Files
Av�6el Lewis
Non -Discharge Compliance/Enforcement
N bENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699.1617 State Courier #52-01.01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / f 01Y. post -consumer paper
httpJ/h2o, enrstate. nc. us

Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 16, 2002
MR L,INWOOD EASON
EASON FARMS
32 EASON ELMORE ROAD
DUNN NC 28334
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # PC 00-051
Farm # 82-138
Sampson County
Dear Mr. Eason:
1
AUG 2 0 2002
Clwo
VV
This letter is to acknowledge receipt of your check No. 1548 in the amount
of $178.00 received on August 13, 2002.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone],
extension 539.
Sin4�
Steve Lewis
Non -Discharge Compliance/Enforcement
SL:sw
CC: Fayetteville Regional Office
Enforcement File: PC 00-051
Central Files
Customer Service: Mailing Address: Telephone [phone]
1-877-623.6749 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier 1152-01-01
An Equal Opportunity/ABimistive Action Employer
50% recycled i 100A past -consumer paper
h ttp ✓/h2o. enr. s tate. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
RM

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
- lune 11, 2002
JUN i 3 zooz
MR LINWOOD EASON '
EASON FARMS r WAFER FlIriil�;' SfCT10,'1
32 EASON ELMORE ROAD __ SHEVItL .REGIONAL OFFICt
DUNN NC 28334
SUBJECT: Acknowledgement receipt letter JUN f 8 2{ing
Civil Penalty Assessment of Violation
Case # DD 00-051
Farm # 82-138
Sampson County
Dear Mr. Eason:
This letter is to acknowledge receipt of your check No. 1532 in the amount of
$267.00 received on June 10, 2002.
Payment of these penalties in no way precludes further action by this Division for
future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
Steve Lewis.
Non -Discharge Compliance/Enforcement
SL:sw
CC: Fayetteville Regional Office
Enforcement File: PC 00-051
Central Files
At
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
800 623-7748

ply --
State of North State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
March 19, 2002
MR LINWOOD EASON
EASON FARMS
32 EASON ELMORE ROAD
DUNN NC 28334
D E N R
- -- --- �... r
.i
I
MAR 2 2002
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # PC 00-051
Farm # 82-138
Sampson County
Dear Mr. Eason:
This letter is to acknowledge receipt of check #1519 for $178.00 was received on
March 13, 2002.
Payment of these penalties in no way precludes further action by this Division
for future violations of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
5083 ext. 539.
Sincerely,
/eff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/tw
C Fayetteville Regional Office
Enforcement Files PC 00-051
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [phone]FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director.
MR LINWOOD EASON
EASON FARMS
32 EASON ELMORE ROAD
DUNN NC 28334
Dear Mr. Eason:
A 4
dm
D E' N R
December 14, 2001
4
DEC 18 2001
v.
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # PC 00-051
Farm # 82-138
Sampson County
This letter is to acknowledge receipt of check No. 1499 for $178.00 was received
on December 14, 2001.
Payment of these penalties in no way precludes further action by this Division
for future violations of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
5083' ext. 539.
Sincerely,
".:7f
Jeff Poupart, Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/tw
cc: Fayetteville Regional Office
Enforcement Files PC 00-051
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [phone]FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
November 6, 2001
MR LINWOOD EASON
EASON FARMS
32 EASON ELMORE ROAD
DUNK NC 28334
D E N R
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case pc 00-051
Farm # 82-138
Sampson County
Dear Mr. Eason:
This letter is to acknowledge receipt of your checks No. 1495 in the amount of $89.00
received on October 29, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
,
'9Y Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
JPAW
cc: Fayetteville Regional Office
Enforcement File # PC 00-051
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary.
Gregory J. Thorpe, Ph.D., Acting Director
October 4, 2001
MR LINWOOD EASON
EASON FARMS
32 EASON ELMORE ROAD
DUNN NC 28334
L*.K;1%
D E N R
OCT 8 2001
DvIVO
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case PC 00-051
Farm # 82-138
Sampson County
Dear Mr. Eason
This letter is to acknowledge receipt of your checks No. 1493 in the amount of $89.00
received on October 4, 2001.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension 539.
Sincerely,
Jeff Poupart, Supervisor
/47---Non-Discharge Compliance/Enforcement
JP/tw
cc: Fayetteville Regional Office
Enforcement File # PC 00-051
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

r`
G b 15 2001
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Linwood Eason
32 Eason Elmore Road
Dunn, NC 28334
Dear Mr. Eason:
1 • •
rte.- 'V
ja
NCDENR
N=It GROUP" DFPAMW9Wr or
EwRowMENr •wo N.avFikL t zcw_mcE,s
August 10, 2001
CERTIFIED MAIL
RETURIN RECEIPT REQUESTED
RE: Payment Schedule for Civil Penalty
Case PC 00-051
Farm #82-138
Sampson County
You have requested a schedule for making partial payments toward the 52,136.38 civil penalty
that was assessed by the Director of the Division of Water Quality on October 31, 2000. The
Department is agreeable to a twenty-four (24) month payment schedule beginning on October 1,
2001 and continuing to September 1, 2003. There are twenty-three (23) payments of eighty-nine
dollars ($89.00) beginning on October 1, 2001 and one final payment of eighty-nine dollars and
thirty-eight cents (589.38).
Please sign the attached payment schedule and send it back with your first payment. Make a
copy of the payment schedule for your records. Please make the payments by check payable to the
De artment of Environment and Natural Resources and mail them so they are received by the 1st
of each month.
Failure to make the monthly payments in accordancewith this schedule will cause the
entire unpaid balance of the civil penalty to be due and payable and subject to collection
through a civil action in the superior court.
.flailing Address: Telephone [phone]
1617 tifail Service Center Fax (9I9) 733-0059
Raleigh, North Carolina 27699-16I7 State Courier #52-01-01
An Equal Opportunity /Aftrrmrive Action Employer
50% recycled / 10% post -consumer paper
hrrp: //h2o.enr.srare. nc. us
Location:
51? N. Salisbury St.
Raleigh, NC 27699-1617

Yr
Mail your payments to the address shown below to make sure that they are properly recorded.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please call Mr. Steve Lewis at [phone], ext. 539 or Mr. Jeff
Poupart at [phone], ext. 527.
Sincerely,
�/•�'�� Irl-��.n-o
regory J. Thorpe, Ph.D.
Acting Director
cc:,aultRai� A- Fayetteville Regional Supervisor w/o attachment
File PC 00-051 w/ attachment
Central Files w/o attachment

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Linwood Eason
32 Eason Elmore Road
Dunn, NC 28334
RE: Civil Penalty Assessment
File No. PC 00-051
Eason Farms
Sampson County
Farm #82-138
Dear Mr. Eason:
ENR -FRO
JUL 13 2001
DWO •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND N,ruRAL RESOURCES
July 10, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
On October 31, 2000, the Director of the Division of Water Quality (DWQ) assessed a civil
penalty against you in the amount of $2,136.38 for violation of conditions of your animal waste
permit. A copy of the civil penalty assessment is attached, as is a copy of the certified mail green
card showing that you received the assessment on November 4, 2000.
DWQ does not have any record that the penalty was either paid or appealed. Please contact Steve
Lewis at (919)„733-5083, ext. 539 or Jeff Poupart at [phone], ext. 527 immediately to discuss
this matter. If we do not hear from you within fifteen (15) days of your receipt of this letter, DWQ
will refer your case to the North Carolina Attorney Generals Office for possible legal action.
Sincerely,
Dennis R. Ramsey, P.E., Assistant Chief
Non -Discharge Branch
cc: aul"Rawlm Fayetteville Regional Office
File # PC 00-051
Central Files
,Nailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #5 2-01 -01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Entployer
50% recycled / 10% post -consumer paper
hrrp://h20.enr.state.nc. us

RECENE
NOV 0 6 2000
State of North Carolina FAYETrEVUE
7AA:
Department of Environment REG. OFFICE •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary NORTH CAROLINA DEAARTMENr OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
October 31, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. LINWOOD EASON
32 EASON ELMORE ROAD
DUNN, NC 28334
SUBJECT: Assessment of Civil Penalties
for Violation of Conditions of
the General Permit
Farm #82-138
Sampson County
File No. PC 00-051
Dear Mr. Eason:
This letter transmits notice of a civil penalty assessed against Eason Farms, Inc. in the
amount of $2,136.38 including $136.38 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty -
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include ivaiver fonn).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
,1lailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunirv/Affirnzatiti•e Action Employer
50% recYcled / 10% post-consrFmer paper
http:/170 o. en r. state. tic. us

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

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

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS:
FILE NO:
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. PC 00-051
IN THE MATTER OF
EASON FARMS, INC. }
}
} FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF
PERMIT VIOLATIONS } CIVIL PENALTIES
}
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Eason Farms, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. Eason Farms, Inc. owns and operates the Eason Farms, Inc., a swine operation in
Sampson County.
C. Eason Farms, Inc. was issued an Individual Permit on July 20, 1998, effective July
20, 1998, with an expiration date of May 31, 2003.
D. Condition No. V. 3. of the "General Conditions" of the General Permit states in
part that "The maximum waste level in lagoons/storage ponds shall not exceed
that specified in the Certified Animal Waste Management Plan (CAWMP). At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the 25 -year, 24-hour storm event
plus an additional one (1) foot of structural freeboard."
E. Based on the 25 -year, 24-hour storm event of seven (7) inches and one foot of
required structural freeboard, the waste level in the lagoon for Eason Farms, Inc.
shall not exceed nineteen (19) inches.
F. Condition No. III. b. e. of the "Monitoring and Reporting Requirements" of the
General Permit requires that the permittee shall report by telephone to the
appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.

G. DWQ staff from the Fayetteville Regional Office inspected Eason Farms, Inc. on
February 21, 2000 and observed that the waste level of the lagoon was two (2)
inches which exceeded the level specified in the CAWMP.
H. The Fayetteville Regional Office had not received notification from Eason Farms,
Inc. that the waste level exceeded the level specified in the CAWMP.
I. The costs to the State of the enforcement procedures in this matter totaled
$135.36.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Eason Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Eason Farms, Inc. violated Condition No. V. 3. of the General Permit by failing to
maintain the liquid level in the lagoon at the level specified in the CAWMP.
D. The above-cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
Ill. 6. e. of the General Permit.
E. Eason Farms, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Eason Farms,
Inc. pursuant to G.S. 143=215.3(a)(9) and G.S. 143B -282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Eason Farms, Inc. is hereby assessed a civil penalty of:
$_ 5ac5 for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$_ Soo for violating Condition No. III. 6. e. of the General Permit by
failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of failure to
maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition No. V. 3
TOTAL CIVIL PENALTY, which is Lo_ percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 136.3$ Enforcement costs
$_2 �,3 _33 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 143B -282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures!
(Date) Kerr T. Stevens, Director
Division of Water Quality