820716_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

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r
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Joe E. Butler
5331 Five Bridge Rd
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Butler Farms
#82-716
Sampson County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr.. Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Ouality
April 16, 2003..
2 3 2003
On March 17, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on October 26, 2000. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem.from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
N irNR
Customer Service: Mailing Address: Telephone [phone] Location:
4-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% postconsumer paper
ht tpJ/h2o. enr. sta t e. nc. us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(5) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
Alan W. Klimek, P. .
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

CJ� Michael F. Easley, Governor
`O= �QS`. William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W_ Klimek, P. E- Director
p Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe E. Butler
5331 Five Bridge Road
Clinton, NC 28328
Subject: Rescission of Notice of Violation 1
Issuance of Notice of Deficiency
Butler Farm
Facility Number 82-716
Sampson County
Dear Mr. Butler:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. Wd also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system..
Customer Service: Mailing Address: Telephone: [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal opportunity !Affirmative Action Employer
50% recycled 110% post -consumer paper
http://h2o.en r. state. nc.us
th
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Location:
512 N. Salisbury St,
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincerely,
Paul E. awls
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-716
Non -Discharge Compliance and Enforcement Unit
Central Files

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 21, 2011
CERTIFIED MAIL: 7010 1870 0003 4774 7129
RETURN RECEIPT REQUESTED
Joe E Butler
5331 Five Bridge Rd.
Clinton, Nj C 28328
SUBJECT: Request for Information
Butler Farms
82-716
AWS820716
Dear Mr. Butler:
Dee Freeman
Secretary
On September 20, 2011 a routine compliance inspection was conducted for your farm with
Greer Moore your Technical Specialist. On October 26, 2010 a routine compliance inspection
was conducted and it was noted that the fescue field needed reseeding before you applied waste to
the field, also fix the drainage tile to remove the ponded water. You were also asked to notify
DWQ when these tasks had been completed. DWQ has no record of you notifying our office that
these tasks had been completed. Prior Soil and Water inspection also noted fescue needed
reseeding.
During the September 20, 2011 inspection it was documented that the fescue field had not
improved and questioned its ability to utilize the nutrients applied and the drain the was not
repaired. A review of the Operation Review inspection of your farm on March 22, 2011 noted
that you were in the process of locating the drain tile in the fescue field that was not working.
Producer is planning on replanting fescue as soon as the drain tile is repaired. Field has been
aerated and prepared for fescue planting- Fescue will be planted within two weeks of today (3-22-
2011).
You provided information during your inspection of the time line of your efforts to establish
your fescue, this information contradicts the information documented during your 3-22, 2011
Operation Review. As specified in your permit section III 12 the Division of Water Quality
requests that you subin it a copy of receipt for seed purchased to reseed, contracted labor (spraying
or field preparation). Lagoon levels, rainfall and IRR2 forms from, 10-26-2011 to present date.
Your plan of action if you are unable to utilize the fescue field.
AQUIFER PROS ECTlON SECTION
225 Green St, Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] ti FAX: 810A86-07071 Customer Service: 1-877 23-6748
Intemef: www.h29.ernr.state.nc.us
An Equal VpporLm;_y i Affirmative Action Employer
NorthCarolina
,lVatin-ally

Submit all information within 15 days from receipt of this letter to the Fayetteville Rezional
Office. Failure to submit information within 15 day you are subject to a Notice of Violation for
failure to submit information. The information requested is to determine if Butler Farms has
violated section if ? (crop insufficient to utilize nutrients applied).
You may mail or fax the requested information to the address listed below. Your records and
any information submitted to this office are open to the public. If you have any questions please
contact me at 910-303-0151.
Sincerely,
�)
Steve Guyton
Environmental Specialist

.-
NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Direclor
November 30, 2011
CERTIFIED MAIL - 7001 2510 0000 6678 7703
RETURN RECEIPT REQUESTED
Mr. Joe E. Butter
5331 Five Bridge Rd.
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Resou rtes
NOV-2011-PC-0608
Administrative Code 15A NCAC 2T .1304
Butler Farms Farm Facility No- 82-716, Permit No. AWS820716
Sampson County
Dear Mr. Butler:
On November 22, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection
Section (APS), inspected the Butler Farms and the permitted waste disposal system. Vire wish to
thank Mr. Butler, who was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304,
you have been found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. AWS824716 Section V2)
On November 22, 2011 a lagoon/storage pond level was documented at 13 inches of freeboard.
A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
Qee F=reeman
Secretary
Continue to follow the proposed actions outlined in your Plan of Action (POA) dated November
22, 2011 and received in the Fayetteville Regional Office on November 24, 2011- Fake all
necessary additional steps to insure lagoon levels remain in compliance with Section (V2) of your
permit.
AQUIFEP. PROTECTION SECTION
225 Green 5t., Ste, 714
Fayettevilie, North Carolina 28301
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6746
Irlernel: www.hMenr.state.nc,us
Ark Equal Opponunilg 4 r tilemabve Aci Dn F—m;Aoyer
NC illiCat-oliva
,,Xattmally

Mr. Butler
November 30, 2011
Page 2
Violation 2:
Failure to notify the Division of Water Quality of inadequate freeboard in the lagoon within 24
hours. (Permit No. AWS820716 Section III 13c)
Your permit specifically requires notification by telephone within 24 hours and a written report
within 5 calendar days fol lowing first knowledge of the occurrence of a reportable permit
condition. The Division of Water Quality has no record of receivinb the 24-hour notification 01-
the
rthe 5 day written report.
Required. Corrective Action for Violation 2:
In the ftiture, please notify the Division of Water Quality of the occurrence of any reportable
events in accordance with your permit.
The Division of Water Quality requests that, in addition to the specified corrective action above,
please submit the following items on or before (December 31, 2011):
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for
this farm from January 1, 2011 to the present along with a copy of your CA PUMP.
2. The date that your wheat was planted.
3. An explanation from the OIC for this farm regarding how this violation occurred
4. A list from the OIC concerning the steps that will be taken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before
December 31, 2011 and to provide a written response to this Notice by December 31, 2011.
Please include in your response all corrective actions already taken and a schedule for completion
of any corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a
recommendation for a civil penalty assessment to the Director of the Division, if
you wish to present an explanation for the violations cited, or if you believe there
are other factors, which should be considered, please send such information to
me in writing within ten (10) days following receipt of this letter. Your response
will be reviewed, and, if an enforcement action is still deemed appropriate, it will
be forwarded to the Director and included for consideration.

Mr. Butler
November 30, 2011
Page 3
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty assessment
of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit under authority of'
G.S. 143-215.6A.
If you have any questions consenting this Notice, please contact Steve Guyt.on or me at (9 10)
433-3300
Sincerely,
-_4
Stephen ��f�atdt
Environmental Program Supervisor
ec' Keith Larick CAFO Unit
Murphy Brown
FRO AP files

December 30'', 2011
Dear Mr. Barnhart,
DENR-FHO
JAN 0 4 2011
DWQ
I have enclosed all paperwork that you requested in the prior NoV. I would also like for
you to know that the drain tile work on my farm was completed the week of November
21, 2011. Farm was completely planted in wheat on December 6, 2011. Now that all
drain tile work is complete, and I have an adequate crop planted, this should allow me the
opportunity to more effectively and efficiently manage my lagoon and irrigation system.
Sincerely,
Joe Butler
[phone]

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
s__y
S. JAY ZIMMERMAN
Director
November 17, 2016
CERTIFIED MAIL 7012 3050 0001 9399 2496
RETURN RECEIPT RE VESTED
Joe E Butler
5331 Five Bridge Rd.
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT
Administrative Code I SA NCAC 2T . 13 04
NOV-2016-PC-0534
Butler Farms Facility No. 82-716, Permit No. AWS820716
Sampson County
Dear Mr. Butler
On October 20, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section inspected the Butler Farms and the permitted waste disposal system. We wish to
thank Mrs. Greer Moore, who was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T -1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to designate a certified animal waste management system operator with a valid certification to be
in charge of the animal waste management system in accordance with the facilities permitted waste
disposal system. (Permit No. AWG 100000 Section H 16).
On November 2, 2016 during the review of your records for the October 20, 2016 inspection it was
documented that you had no documentation of an actively certified operator in charge.
During your annual inspection (records review) on December 22, 2015 it was documented that Mr. Joe
Butler did not have a valid Operator In Charge (OCC) license. Butler Farms was given till January 30,
2016 to designate a certified animal waste management system operator.
Required Corrective Action for Violation 1:
State of North Carolina I Environmental Quality I Water Resources
225 Green Street -Suite 7141 Fayetteville, North Carolina 28301-5043
410-433-3300

Mr. Butler
November 17, 2016
Page 2
Designate a certified animal waste management system operator with a valid certification to be in charge
of the animal waste management system at Butler Farms AWS820716 within 30 days of receipt of this
letter.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before December 15, 2016
1. An explanation from the 01C for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before
December 15, 2016 and to provide a written response to this Notice by December 15, 2016. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Resources who may issue a civil penalty assessment of not more
that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources

Mr. Butler
November 17, 2016
Page 3
CC.' Debra Watts, DWR Animal Feeding Operations Program
Smithfield Pork
Fayetteville Regional Office WQROS files

Water Resources ~
Environmental Quality
Joe Butler
Butler Farms"
5331 Five Bridge Road
Clinton, NC 28328
Dear Mr. Butler:
RECEIVED
DEQIDWR
MAR 2 3 29V
WQROS
FAYETTEVILLE RFMONAt OFFICE
March 23, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZI[MMERMAN
Director
RE: Acknowledgment of Receipt of Payment
Case No.: PC -2017-0002
Farm No.: 82-0716
Sampson County
This letter is to acknowledge receipt of your check Nos. 1301 & 25028 in the
amount of $1782.54 on March 21, 2017. This payment satisfies in full the civil assessment in the
amount of $1782.54 levied against Joe Butler and the case has been closed. If you have any
questions, please call me at (9 19) 807-6340.
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WQROS- Fayetteville Regional Office
File # PC -2017-0002
WQROS Central Files (AWS820716)
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

r
Water Resources
Environmental Quality
February 24, 2017
CERTIFIED MAIL - #7009 1150 0000 8087 1 771
RETURN RECEIPT REQUESTED
Joe Butler
Butler Farms
5331 Five Bridge Road
Clinton, NC 28328
Dear Joe Butler:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T.0 1 05(e)(2)
Farm # 82-0716
Sampson County
Enforcement File No. PC -2017-0002
This letter transmits notice of a civil penalty assessed against Joe Butler in the amount of $1500.0, and
$282.54 in investigative costs, for a total of $1782.54. 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 Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
1 Nothing Compares -,—
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

q
Assessment of civil penalty
Joe Butler
Enforcement # PC -2017-0002
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) were
wrongfully applied to the detriment of the violator,
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

C . . I
Assessment of civil penalty
Joe Butler
Enforcement # PC -2417-0002
Page 3 of 3
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a -m_ and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Adnunistrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
e—
on RVaud,
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Fayetteville WQROS Regional Supervisor w/ attachments
File #E PC -2017-0002 w/ attachments
WQROS Central Files w/ attachments
Sampson County Health Department
REGtivtu
DEQIDWR
FEB 2 8 2017
WQROS
FAYETTEVILLE REGIONAL OFFICE

low
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON.
IN THE MATTER OF
JOE E BUTLER
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC -201[7-0002
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Section Chief of the
Water Quality Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Joe E Butler owns and operates Butler Farms, a swine operation in Sampson County.
B. Joe E Butler was issued Certificate of Coverage AWS820716 by DWR, under General
Permit AWG100000 for Butler Farms on October 1, 2014, effective upon issuance, with
an expiration date of September 30, 2019.
C. Condition No. II 16. of the General Permit AWG100000 states that the permittee shall
designate a certified animal waste management system operator to be in charge of the
animal waste management system. The waste management system shall be operated by the
Operator In Charge (OIC) or a person under the OIC's supervision.
D. DWR staff from the Fayetteville Regional Office (FRO) inspected Butler Farms records
on November 2, 2016. It was documented that Butler Farms had no documentation of an
actively certified operator in charge. During the annual inspection on December 22, 2015
of Butler Farms it was documented that the designated Operator in Charge (OIC) license
was invalid. Butler Farms was sited with a NOD -2015 -PC -0310.
E. On November 17, 2016, DWR issued a Notice of Violation (NOV) I Notice of Intent of
Enforcement (NOI) to Joe Butler identifying violations of 15A NCAC 2T.1304 and Permit
No. AWG 100000 for failure to designate a Certified Animal Waste Management System
Operator with a valid certification.
F. The NOVINOI was sent by certified mail, return receipt requested and received on
November 19, 2016
G. The cost to the State of the enforcement procedures in this matter totaled $282.54.

V,
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Joe E Butler is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to
N.C.G.S. 143-212(4),
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.I.
C. The above-cited failure to designate a certified animal waste management system
operator with a valid certification to be in charge of the animal waste disposal
system in accordance with the facilities permitted waste disposal system violated
Condition No. 11 16 of the General Permit AWG 10000
D. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may
be assessed against a person who fails to apply for or to secure a permit required by
N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions,
or requirements of a permit required by N.C.G.S. 143-215.1.
E. N_C.G.S. t43 -215.3(a)(9) and N.C.G.S. 143B -282.1(b)(8) provides that the reasonable
costs of any investigation, inspection or monitoring survey may be assessed against a
person who violates any regulations, standards, or limitations adopted by the
Environmental Management Commission or violates any terms or conditions of any permit
issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant
to N.C.G.S. 143-215.2.
F. The Section Chief of the Water Quality Regional Operations Section, Division of Water
Resources, pursuant to delegation provided by the Secretary of the Department of
Environmental Quality and the Director of the Division of Water Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Joe E Butler, is hereby assessed a civil penalty of:
For violations of Condition No. 11. 16. of General Permit AWG 100000 for
failing to designate a Certified Animal Waste Management System
Operator with a valid certification.
$ 15W,�► TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$ 282.54 Enforcement costs
$ (7 sN TOTAL AMOUNT DUE

Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-282.1(b),
which are:
(l) 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.
IV. NOTICE:
1 reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and
investigative cost may be assessed for any other rules and statutes for which penalties have not yet been
assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Joe E Butler, in
accordance with N.C.G_S. 143-215.6(A)(d).
(Date) /WaAtality
d, Section Chief
Regional Operations Section
Di Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator:
Joe Butler
County:
Sampson
Case Number:
PC -2017-0002
Permit Number:
AWS820716
ASSESSMENT FACTORS
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;
In reference to the cited violations, no harm to the natural resources of the State was observed, to the
public health, or to private property was documented. No discharge of waste from the waste collection
and treatment system could be documented.
2) The duration and gravity of the violation;
Butler Farms operated approximately twelve months without a valid certified OIC.
3) The effect on ground or surface water quantity or quality or on air quality;
No evidence ofground or surface water effect could be determined. No discharge of the waste collection
and treatment system could be found.
4) The cost of rectifying the damage;
This factor cannot be determined because no data exists to establish the presence or extent of damages.
5) The amount of money saved by noncompliance;
The amount of monetary savings by not having a valid certified OIC would be the estimated cost of
$35.00 for the 10 -hour class, $80.00 cost of test, $10.00 for license fee and personal time and expense
•task- J 1,,:.;� OtC — Vow - Uooa /y, j�r s....� 4zrx Cd.'41,
6) Whether the violation was committed willfully or intentionally;
The 2015 violation was not willfully, probably due to the accident suffered by Mr. Joe Butler.
Failure to appoint someone after the 2015 inspection could be considered 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
November 2011 -- NOV — for freeboard violation and failure to report.
December 2015 — NOD —failure to designate a valid certified 01C and high freeboard level.
8) The cost to the State of the enforcement procedures.
$282.54
Date i 'sgaard
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
JOE BUTLER
PERMIT NO. AWS820716
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC -2017-0002
Having been assessed civil penalties totaling $1782.54 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, February 24, 2017, the
undersigned, desiring to seek remission of the civil penalty, 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. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of Water
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the day of 12017
Signature
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number. PC -2017-0002 County: Sampson
Assessed Party: Joe Butler
Permit No.: AWS820716 Amount assessed: $1782.54
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation o Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed_ Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(ol remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282_ l (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting -from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessM
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.

WatvrResources
ENVIRONMENTAL DUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER. VAART
Secretory
S. JAY ZIMMERMAN
Director
November 17, 2016
CERTIFIED MAIL 7012 3050 0001 9399 2496
RETURN RECEIPT REQUESTED
Joe E Butler
5331 Five Bridge Rd.
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2016-PC-0534
Butler Farms Facility No. 82-716, Permit No. AWS820716
Sampson County
Dear Mr. Butler
On October 20, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section inspected the Butler Farms and the permitted waste disposal system. We wish to
thank Mrs. Greer Moore, who was present and assisted during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T. 1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to designate a certified animal waste management system operator with a valid certification to be
in charge of the animal waste management system in accordance with the facilities permitted waste
disposal system. (Permit No. AWG100000 Section 1116).
On November 2, 2016 during the review of your records for the October 20, 2016 inspection it was
documented that you had no documentation of an actively certified operator in charge.
During your annual inspection (records review) on December 22, 2015 it was documented that Mr. Joe
Butler did not have a valid Operator In Charge (01C) license. Butler Farms was given till January 30,
2016 to designate a certified animal waste management system; operator.
Required Corrective Action for Violation 1:
State of North Carolina j Environmental Quality j Water Resoumm
225 Greets Stree[-Suite 7141 Fayetteville, Nonh Carolina 28301.5043
9 i o-433-3340

Mr. Butler
November 17, 2016
Page 2
Designate a certified animal waste management system operator with a valid certification to be in charge
of the animal waste management system at Butler Farms AWS820716 within 30 days of receipt of this
letter.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items on or before December 15, 2016
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent this violation from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before
December 15, 2016 and to provide a written response to this Notice by December 15, 2016. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. if you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Resources who may issue a civil penalty assessment of not more
that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Belinda S. Henson
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources

Mr. Butter
November 17, 2016
Page 3
cc: Debra Watts, DWR Animal Feeding Operations Program
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Umber 7i�, t�• '`''� 'ofd w ter�Ga't+nafntt _
C"3AOther,Agenc9 s ;
of Visit:ompliance Inspection 0 Operation Review O Structure Evaluation O Teebuical Assistance
in for Visit: G-90-'utine - Q Complaint 0 Follow-up O Referral O Emerzencv O Other O Denied Access
Date of Visit: /b I Arrival Time: v Departure Time: 1 ; County: , Region: P-70
Farm Name:Owner Email:
Owner Name: 0 F zPhone:
Mailing Address:
Physical Address:
Facility Contact: %% q a7 '- 'Title:
Onsite Representative:
Certified Operator: A
Back-up Operator:
Location of Farm:
Latitude:
?C- Phone:
Integrator: Z c f
Certification Number,
Certification Number:
Longitude:
Discharges nod Stream Im acts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWR)
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? (If yes, notify DWR)
2. is there evidence of a past discharge from any part of the operation?
3. Were there any observable adverse impacts or potential adverse impacts to the waters
of the State other than from a discharge?
❑ Yes ®-No ❑ NA ❑ NE
❑Yes
❑No
❑NA
❑NE
❑ Yes
❑ No
❑ NA
❑ NE
❑ Yes
❑ No
❑ NA
p NE
❑Yes
®No
0 N
El NE
❑ Yes
Z No
[DNA
❑ NE
Page i of 3 2/412015 C©ndri ped

Maciflty Number: - Date of Ins ection: /Q­:��-- 6
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
EFYes
[-]No
❑ NA
❑ NE
a. if yes, is waste level into the structural freeboard?
❑ Yes
[g No
❑ NA
❑ NE
Structure 1 Structure 2 Structure 3 Structure 4
Structure 5
Structure 6
Identifier:
Spillway?:
Designed Freeboard (in): f
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
'S No
❑ NA
❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a
❑ Yes
jo No
❑ NA
❑ NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental
threat,
notify DVM
7. Do any of the structures need maintenance or improvement?]
Yes
54 No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
-V] No
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
Yes
❑ No
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
0 No
❑ NA
❑ NE
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. [aYes ❑ No ❑ NA ❑ NE
❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
12. Crop Type(s): (oD/i j
13. Soil Type(s):
14_ Do the receiving crops differ from those designated in the CAWMP? ❑ Yes [Z No ❑ NA ❑ NE
15. Does the receiving crop and/or land application site need improvement? M Yes ❑ No ❑ NA ❑ NE
16_ Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes �0 No ❑ NA ❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste application equipment?
❑Yes ®No ❑NA ED NE
❑ Yes [N No ❑ NA ❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes No ❑ NA ❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ YesNo ❑ NA ❑ NE
the appropriate box.
❑ WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements []Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ® No
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes Co No
23. if selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? [:]Yes CS -No
❑NA E] NE
❑ Weather Code
❑ Sludge Survey
❑ NA ❑ NE
❑ NA ❑ NE
Page 2 of 3 21412015 Continued

Facility Number: Date of Ins ection: 122
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes S No ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes [. No ❑ NA ❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey [] Failure to develop a POA for sludge levels
❑ Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge?
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification?
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
permit? (i.e., discharge, freeboard problems, over -application)
3 1. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below
-Application Field ❑ Lagoon/Storage Pond ❑ Other
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
34- Does the facility require a follow-up visit by the same agency?
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[. Yes ❑ No DNA ❑ NE
❑ Yes a No ❑ NA ❑ NE
❑ Yes g No ❑ NA ❑ NE
❑ Yes [a No ❑ NA ❑ NE
❑ Yes ® No ❑ NA ❑ NE
CS Yes ❑ No [DNA ❑ NE
Yes ❑ No
❑ Yes] No
Yes [:]No
❑ NA ❑ NE
❑ NA NE
❑ NA ❑ NE
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Reviewer/Inspector Name:
Reviewer/Inspector Signatur
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Phone: qlf_ j r)'3-- C f 5~ (
Date: / ---;2-e,1.6
Page 3 of 3 2/4/2015

0 Division of Water Resources
El Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 820716 Facility Status: Active Permit: AWS820716
Inpsection Type: Compliance Inspection Inactive Or Closed Date:
Reason for visit: Routine County: Sampson Region:
Date of Visit: 10/20/2016 Entry Time: 10:30 am Exit Time: 11:30 am Incident 8
Farm Name: Sutler Farms Owner Email:
Owner: Joe E Butler Phone:
Mailing Address: 5331 Five Bridge Rd
Physical Address: 5331 Five Bridge Rd
Clinton NC 28328
Clinton NC 28328
❑ Denied Access
Fayetteville
910-564-4076
Facility Status: ❑ Compliant Not Compliant Integrator: Murphy -Brown LLC
Location of Farm: Latitude: 35° 02' Longltude: 78° 25' 46"
US 421 N out of Clinton. tum left on Five Bridge Rd (SR 1311). Go about 4 miles, farm is on the left.
Question Areas:
Dischige & Stream Impacts
Records and Documents
Waste Col, Stor, & Treat
Other issues
M Waste Application
Certified Operator: Operator Certification Number:
Secondary OIC(s):
Onsite Representative(s): Name Title Phone
24 hour contact name Greer Moore Phone
On-site representative Greer Moore Phone :
Primary Inspector: Steve Guyton Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
page. 1

Permit: AWS8207i6 Owner - Facility : Joe E Butler Facility Number: 820716
Inspection Date: 10/20/16 inpsection Type: Compliance Inspection Reason for Visit: Routine
4. farm reported high freeboard was in structural after the storm submitted POAs.
9. Pits were over flowing into vent tunals causeing some leaking out side of house clean gthis up and lower the pit levels to stop
this.
11. applied waste out of the soubean window to lower lagoon out of structural freeboard. they only planted beans no other crop to
spray on. harvest bean as soon as possible to plant wheat and follow your UWP and plant 112 your land in beans and 112 in com
or change your crops to have some were to pump at all times.
15 dranage in spray fields need to be cleaned to help drain fields.
26. no documentation of actively certified operatior in charge during the 2015 inspectio this farm was told to have an active OIC by
January 30th 2016
32. planting all land in one crop has causedthe high freeboards split your crops as designed in your UWP.
Farm will receive a Notice Of Violation and Noice of Intent to Enforce. for failure to have an active OIC
records reviewed on 11-2-2016.
Not on the inspection sheet I stoped this farm from getting any more hogs they are now depopulated and will not get any till they
can show they have fields ready ro receive waste.
page: 2

Permit: AW5820716 Owner - Facility : Joe E Butler Facility Number: 820716
Inspection Date: 10/20/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Swine
Swine - Wean to Feeder 5,760 2,800
Total Design Capacity: 5,760
Total SSLW: 172,600
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Lagoon 1 20.40 14.00
page: 3

Permit: AWS820716 Owner - Facility : Joe E Butler Facility Number: 820716
Inspection Date: 10/20/16 Inpsection Type: Compliance inspection Reason for Visit: Routine
Discharges & Stream Impacts
Yes
No Na Ne
❑ ❑ ❑
1. Is any discharge observed from any part of the operation?
❑
M ❑
❑
Discharge originated at:
❑
Excessive Ponding?
❑
Structure
❑
M ❑
❑
Application Field
[]
PAN?
❑
Other
❑
M ❑
❑
a. Was conveyance man-made?
❑
M ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
❑
❑
c What is the estimated volume that reached waters of the State (gallons)?
❑
M ❑
❑
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
0 ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
■ ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
■ ❑
❑
State other than from a discharge?
Waste Collection Storage & Treatment
Yes
No Na Ne
❑ ❑ ❑
4. Is storage capacity less than adequate?
0
Cl ❑
❑
If yes, is waste level into structural freeboard?
❑
Excessive Ponding?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.eJ large
❑
M ❑
❑
trees, severe erosion, seepage, etc.)?
❑
PAN?
❑
6. Are there structures on-site that are not properly addressed and/or managed through a
❑
M ❑
❑
waste management or closure plan?
❑
Outside of acceptable crop window?
M
7. Do any of the structures need maintenance or improvement?
❑
M ❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
M ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
0
❑ ❑
❑
maintenance or improvement?
Waste Apl2lication
Yes No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
M ❑ ❑ ❑
If yes, check the appropriate box below,
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%110 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
M
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 4

Permit: AWS820716 Owner - Facility: Joe E Butler Facility Number:
820716
No Na Ne
Inspection Date: 10/20/16 Inpsection Type: Compliance Inspection Reason for Visit:
Routine
❑
Waste Application
Yes
No Na Ne
❑
Crop Type 1
Com, Wheat, soybeans
Crop Type 2
Crop Type 3
❑
Crop Type 4
❑
Crop Type 5
❑
Crop Type 6
❑
Soil Type 1
Rams
Soil Type 2
❑
Soil Type 3
Soil Type 4
❑
0 ❑
❑
Soil Type 5
Soil Type 6
❑
14, Do the receiving crops differ from those designated in the Certified Animal Waste
❑
E ❑
❑
Management Plan(CAWMP)?
❑
15. Does the receiving crop and/or land application site need improvement?
0
1111
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
0131:1
determination?
❑
17. Does the facility lack adequate acreage for land application?
❑
0 ❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
0 ❑
❑
Records and Documents
Yes
No Na Ne
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
M ❑
❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
0 ❑
❑
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑
0 ❑
❑
It yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
Stocking?
❑
page: 5

Permit: AWS820716 Owner - Facility : Joe E= Butler Facility Number: 820716
Inspection Date: 10/20/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Yes
No Na No
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
Crop yields?
❑
❑
and report mortality rates that exceed normal rates?
120 Minute inspections?
❑
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
Monthly and 1" Rainfall Inspections
❑
❑
contact a regional Air Quality representative immediately.
Sludge Survey
❑
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
22. Did the facility fail to install and maintain a rain gauge?
❑
❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
E ❑
❑
(NPDES only)?
❑ ❑
❑
If yes, check the appropriate box below.
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
01111
Application Field
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
❑
❑
appropriate box(es) below:
Other
Failure to complete annual sludge survey
❑
If Other, please specity
Failure to develop a POA for sludge levels
❑
32. Were any additional problems noted which cause non-compliance of the Permit or
Non-compliant sludge levels in any lagoon
[]
❑
CAWMP?
List structure(s) and date of first survey indicating non-compliance:
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
26. Did the facility fail to provide documentation of an actively certified operator in charge?
0
❑ ❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
0 ❑
❑
Otherlssues
Yes No Na Ne
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
1:111
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
❑ ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
❑ ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
0
❑ ❑
❑
If yes, check the appropriate box below.
Application Field
Lagoon 1 Storage Pond
❑
Other
❑
If Other, please specity
32. Were any additional problems noted which cause non-compliance of the Permit or
❑ ❑
❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑
❑ ❑
❑
34. Does the facility require a follow-up visit by same agency?
0
❑ ❑
❑
page: 6