820718_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua!

A. WA
State of North Carolina
Department of Environment
and Natural Resources a
Division of Water Quality ML
,lames B. Hurst, Jr., Governor NCDENR
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director E"-., NMENT AND NA7u;IAL RE5ouRcEs
R+r,✓-•�:.] September 19, 2000
CERTIFIED MAIL SEP 2 u 2000
RETURN RECEIPT REQUESTED
WAYNE SUTTON �lr�
3815 SU770NTOwN RD. R
FAt50N NC 28341
Subject. Notice of Violation and Revocation for Nonpayment
Wayne Sutton - TDM 25
Permit Number: AWS820718
Sampson County
Dear Wayne Sutton:
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee, Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 6/25199.
Your annual permit fee for the period of 6/25/2000 - 6/24/2001 is $150.00. Your payment was due 8/1012000.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
V I
Sincere
Kerr T. Stevens
cc: Non -Discharge Branch CompliancelEnforcement Unit
Fayetteville Regional Office
Sampson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 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
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WAYNE SUTTON
3815 SUTTONTowN RD.
FAISON NC 28341
Dear Wayne Sutton:
1•WA •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESouRGEs
SEP 2 4 zoos
pwo
September 18, 2001
Subject: Notice of Violation and Revocation for Nonpayment
Wayne Sutton - TDM 25
Permit Number: AWS820718
Sampson County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 6/25/1999.
Your annual permit fee for the period of 6/25/2001 - 6/24/2002 is $150.00. Your payment was due 811512001.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H.0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Si
h.D.
cc: Non -Discharge Branch Compliance/Enforcement Unit
'Fayetteville:RegionaFO cefficeffi
Sampson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper

0
6
fl
of
WATFt9
61
CERTIFIED
r_
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WAYNE SUTTON
3815 SuT-roNrrowN RD,
FAisoN NC 28341
Dear Wayne Sutton:
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
November 7, 2002
Subject: Notice of Violation and Revocation for Nonpayment
Wayne Sutton - TDM 25
Permit Number: AWS820718
Sampson County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 6/25/1999.
Your annual permit fee for the period of 6/25/2002 - 6/24/2003 is S 150.00. Your payment was due 8/15/2002.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H.0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to S 10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Compliance/Enforcement Unit
� ayet VWF Regio_nai Office
Sampson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper

V `i
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WAYNE Su rroN
3815 SMONTOWN RD.
FAISON NC 28341
Dear Wayne Sutton:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
JAN 2 D 2004
4
Alan W. Klimek, P.E. Director
Division of Water Quality
January 14, 2004
Subject: Notice of Violation and Revocation for Nonpayment
Wayne Sutton - TDM 25
Permit Number: AWS820718
Sampson County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 6/25/1999.
Your annual permit fee for the period of 6/25/2003 - 6%24/2004 is $150.00. Your payment was due 8/13/2003 -
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H.0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time- Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch CompliancelEnforcement Unit
Fayetteville Regional Office
Sampson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

RECEIVED
DEQ/DWR
JUL 15 2016
WQROS
Water Resources FAYETTEVILLE REGIONAL OFFICE
ENV1RpliMENTAt. #UAUTY
July 13, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Sutton
Wayne Sutton — TDM 25
3815 Suttontown Rd
Faison, NC28341-6539
PAT MCCRORY
cow"sor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Subject: Notice of Deficiency
Wayne Sutton — TDM 25
Permit Number AWS920718
Sampson County
Dear Permittee,
Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule ISA NCAC 2T.01 05(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2013PR004420
6/6/2013
180
2014PR003751
6/7!2014
180
2015PR004810
6/4/2015
180
2016PR004099
6/5/2016
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. 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, Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
State otNorth Carolina 1 Environmental Quality I Water Resources/Water Quality Regional operations
1636\Ls:16a':i..�•-�+�4i � i2,iktigla,\J1tliGaiulu+t�rE99•iG3G
919 807 6464

If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820718)

C - ENR
Nodi C_r"aroitrla Detc rtment of Environment and Iia; Wral Resou.:,es.
aeverly 7E3v s Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sutton, Wavne
Wayne Sutton - TDM 25
3815 Suttontown Rd
Faison. NC 28341
Dear Permittee.
Division of Wazsr
CoieAn K.-Suiiin_-
CFirector
December 10, 2)010
RECEIVED
DEC 14 2010
DEKR-FAYEIMALLE REGIONAL OMCE
Subject: Notice of Violation
U76wic• Sutton - Mill 25
Permit Number AWS820.718
Sampson County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue tees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Dix-ision.
The followin�u invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding, Fee. { )
2010PR005?38
5/14/2010
6/13/2010
180
Please be reminded that the table abnve covers ani' the most recent invoice sent to You. Picase
also include payments for invoices sent in the. previous.vears for which the anuual fees arc still dire.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions. to
include the assessment of civil penalties. Failure to comply with conditions in a permii may result in a
recommendation of enforcement action, to tate Director of the Division of 1A, ater Quality who may issue a
civil penalty assessment of not more that twenty -fixe thousand (525.000) dollars atairtst any "person'
who violates or fails to act in accordance with the terms, conditions. or requirements of a permit under
authority of G.S. 14')-215.6A. Therefore, it is imperative that you submit the appropriatu fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Pleas: include Permit Nuin er• on your check and
mail this payment to:
Division of NN ater Quality — Budget Office
Attn: Fran McPherson
1617 i\'lail Service Center
Raleigh. NC 27699-1617
Phone: [phone]
-Conid.-
Mail ­Nire encs Ralakjj;, Harm. ar..^.'n,� 2753"-13s.
1 '"....u.. G'"Fi ''0:'4 (il'
�'�°r`�-'�'�. ,.: :i4��.,-:x5�: �,�9U..1: '�::-. .. LI::: ,^,'.af ��?1'i�� y:�.. E..,:.0}_n, �'ti; .•i,.: Li�ir,ii'i-�,L1 Y�.x"
ilY:�,,:_ ';2;•N: rCr:rit���a�it}.pct; --s _� {oi
- �.a.:�.L'Ml, -...� .. _'..Ys :,..::51=...-.1.- : r�.�.t'e•KP �irFi'

If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 71 -5-6698 or
at jaya_ioshi a�ncdenr.=ov.
Sincerely.
- � 7; 2 �-' '--' ---"
Keith Larick, Supervisor
_Animal Feeding Operation Unit
cc,, f'Byette'ville-Regiohal Office, Aquifer Protection Section
APS Central File (Permit No AWS82071 s)

Water Resources
ENVIRONMEmTAL GUALrTY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wayne Sutton
Wayne Sutton - TDM 25
3815 Suttontown Rd
Faison, NC28341-6539
Dear Permittee,
PAT MCCRORY
DONALD R. VAN DER VAART
Sccrstmy
S. JAY ZIMMERMAN
Director
September 21, 2016 RECEIVED
DEQlDWR
SEP 2 6 2016
WQRQS
FAYErT VILI.E REGIONAL OFFICE
Subject: Notice of Violation/Notice of Intent to Enforce
Wayne Sutton - TDM 25
Permit Number: AWS820718
Sampson County
You are hereby notified that, having been permitted to have an animal waste management system
permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be
in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T
.0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by
the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated
July 8, 2016. As of this date, our records indicate that the above -referenced permit issued to your facility
has overdue fees.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2013PR004420
6/6/2013
180
2014PR003751
6/7/2014
180
2015PR004810
6/4/2015
180
2016PR004099
6/5/2016
180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty
(30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more
than $25,000 per day per violation 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. Therefore, it is
imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violation.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
State of North Carolina I Envitlmemal Quality I Water RtsouroesNVater Quality Regional Qpemdow
1636 Mail service Otter I Raleigh, North Carolina 27699-1636
919 807 6464

Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
Please be advised that nothing in this letter should be taken as removing from you the
responsibility 6r'liability for failure to comply with any State Rule, State Statue or permitting
requirements. If you have any questions concerning this Notice, please contact the Animal Feeding
Operations Program staff at [phone] or [phone].
Sincerely,
nij'�V' J kvt
ebra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No. AWS820718)

Water Resources
Environmental Quality
January 23, 2017
CERTIFIED MAIL - #7009 2250 0000 80871986
RETURN RECEIPT REQUESTED
Wayne Sutton -
Wayne Sutton - TDM 25
3815 Suttontown Road
Faison, NC 28341-6539
SUBJECT: Request for Payment of Civil Penalty
Enforcement File No. PC -2016-0077
Sampson County
Dear Wayne Sutton:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
On November 28, 2016, the Director of Division of Water Resources (DWR) assessed a civil penalty
against you in the amount of $483.00, including $123.00 in investigative costs, for failure to pay the
annual administering and compliance fees. In addition to the civil penalty amount stated above, you are
still responsible for paying the overdue administering and compliance fees of $900.00 owed to the DWR.
If any civil penalty has not been paid within 30 days after the final agency decision has been served on the
violator, North Carolina General Statue 143-215.6A (g) allows the Secretary of the Department of
Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any
county in which the violator resides or has his or its principal place of business to recover the amount of
the assessment. The Division has the certified mail green card that shows you received the Final Agency
Decision on December 2, 2016.
This letter serves as final notice that the Division will proceed to refer your case to the North Carolina
Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of
your receipt of this notice, the North Carolina Attorney General's Office will seek collection through the
courts.
Should you have any questions, please contact Miressa D. Garoma at [phone] or Debra Watts at
[phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Fayetteville WQROS Regional Office
File # PC -2016-0077
WQROS Central Files (AWS820718)
< 7 "Nolhing Compares'!-
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional operations Secdon
1636 Mail service Center # Raleigh, North Carolina 27699-1636
919-707-9329

X RECEIVED
DEQIDWR
NOV 3 0 2016
" FAYETTEVILLE�RROONAL OFFICE
Water Resources
ENVIRONMENTAL QUALITY
November 28, 2016
CERTIFIED MAIL - #7015 152 0 0000 7838 4176
RETURN RECEIPT REQUESTED
Wayne Sutton
Wayne Sutton - TDM 25
3815 Suttontown Road
Faison, NC 28341-6539
Dear Wayne Sutton:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
se --y
S. JAY ZIMMERMAN
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm 4 82-0718
Sampson County
Enforcement File No. PC -2016-0077
Director
This letter transmits notice of a civil penalty assessed against Wayne Sutton in the amount of $360.00, and
$123.00 in investigative costs, for a total of $483.00. This penalty amount is in addition to the overdue
annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount
of $720.00. 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
State of North Carolina I Environmental Quality I Water Resources
Water Quality Regional operations Section
1636 Mail service Center I Raleigh, North Carolina 27699.1636
919 747 9129

Assessment of civil penalty
Wayne Sutton
Enforcement # PC -2016-0077
Page 2 of 4
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.

Assessment of civil penalty
Wayne Sutton
Enforcement # PC -2016-0077
Page 3 of 4
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 § 15013-23.2) 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
Administrative 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:
Sam M. Hayes, 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. ...-j
Ppment of Overdue Fees
In addition to the civil penalty amount stated above, you are still responsible for paying the overdue
administering and compliance fees owed to the DWR regardless of which option you chose from
above. According to our records, you owe the following overdue administering and compliance fees to
date:
Invoice Number
Due Date
Outstanding Fee $
2013 PR004420
6/6/2013
180
2014PR003751
6/7/2014
180
2015PR004810
6/4/2015
180
2016PR004099
6/5/2016
180
Please remit payment made payable to the North Carolina Department of Environmental Quality in the
amount of $720.04. Please mail this payment in a separate cheek to:

r
Assessment of civil penalty
Wayne Sutton
Enforcement # PC -2016-0077
Page 4 of 4
Division of Water Resources
Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this
letter will result additional civil penalties for continuing violations. Each day of a continuing violation may
be considered a separate violation subject to a $25,000.00 per violation per day penalty.
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,
JoZRis� d, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS _
cc: Fayetteville W_QROS Regional,Supervisor w, ! attacliment"s
File # PC -2016-0077 w/ attachments
WQROS Central Files w/ attachments
Sampson County Health Department

t a.,
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
WAYNE SUTTON
FOR VIOLATIONS OF ANIMAL
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG 100000
AND ISA NCAC 2T .0105(e)(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC -2016-0077
FINDING 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), 1, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
1. FINDINGS OF FACT:
A. Wayne Sutton owns and operates Wayne Sutton - TDM 25, a Swine animal feeding operation
in Sampson County.
B. Wayne Sutton was issued Certificate of Coverage AWS820718 under General Permit
AWG 100000 for Wayne Sutton - TDM 25 on October 1, 2014, effective upon issuance, with
an expiration date of September 30, 2019.
C. 1 SA NCAC 2T .0105(e)(2) states in part that "An annual fee for administering and compliance
monitoring shall be charged in each year of the term of every renewable permit according to
the schedule in G.S. 143-215.313(a). Annual fees must be paid for any facility operating on an
expired permit that has not been rescinded or revoked by the Division. Permittees shall be
billed annually by the Division."
D. The following table provides a history of unpaid invoices sent by DWR Budget Office to
Wayne Sutton for the annual administering and compliance fees of said Permit:
Invoice Number
Due Date
OutstandingFeeqS)
201.3PR004420
6/6/2013
180 i
2014PR003751
6/7/2014
180
2015PR004810
6/4/2015
180
2016PR004099 j
6/5/2016
180
E. On September 21, 2016, a Notice of Violation (NOV)[ Notice of Intent to Enforce (NO[) was
issued to Wayne Sutton, citing 15A NCAC 2T .0105(e)(2) for failure to pay the annual
administering and compliance fees within thirty days of being billed by DWR.

F. The NOV/NOI was sent by certified mail, return receipt requested and received on September
24, 2016.
G. As of the date of this civil penalty enforcement, the above -referenced invoices have not been
paid.
H. The cost to the State of the enforcement procedures in this matter totaled $123.00
Based upon the above Findings of Fact, I make the following:
Il. CONCLUSIONS OF LAW:
A. Wayne Sutton is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. Wayne Sutton violated 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering
and compliance fee within thirty days of being billed by the Division
C. 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.
D. N.C.G.S, 143-215.3(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.
E. The 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:
Ill. DECISION:
Accordingly, Wayne Sutton is hereby assessed a civil penalty o£
$ 360
$ 3601,r
$123.00
For the violation of 15A NCAC 2T A 105(e)(2) by failing to pay the annual
administering and compliance fees for 2013, 2014, 2015 & 2016.
TOTAL CIVIL PENALTY which is
authorized by N.C.G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
percent of the maximum penalty

■-.
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. 143B-282. I (b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(S) The cost to the State of the enforcement procedures.
IV. NOTICE:,
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
ager 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 Wayne Sutton, in
accordance with N.C.G.S. 143-215.6(A)(d).
tc �3 �(c,
(Date) on Ris d, Chief
Wat ahty Regional Operations Section
Di kion of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Wayne Sutton
County: Sampson
Case Number: PC -2016-0077
Permit Number: AWS820718
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;
None.
2) The duration and gravity of the violation;
To date, the permittees has failed to pay the following overdue annual administering and
compliance fees:
Invoice Number
Due Date
Outstandin Fee ($
2013PR004420
61612013
180
2014PR003751
6/712014
180
2015PR004810
61412015
180
2016PR004099
6/512016
180
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown.
4) The cost of rectifying the damage;
The total overdue annual administering and compliance fees are $720.00.
5) The amount of money saved by noncompliance;
By not paying the annual administering and compliance fees, the permittees saved a total of $720.00.
6) Whether the violation was committed willfully or intentionally;
The circumstances that resulted in the failure to pay the annual administering and compliance fees during
their original billing cycle are negligible. However, the permittees were issued a Notice of Violations
(NOP) for failure to pay the overdue fees. Therefore, failure to pay the overdue fees after receipt of the
NOV is both wild and intentional.
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
.December 2010 - NO P- for failure to pay annual fee for 2010.
September 2016 - NOV - for failure to pay annual fee far 2013 - 2016.
8) The cost to the State of the enforcement procedures.
$123.00
l
3��b
Date on Rip and
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIV L PENALTIES AGAINST
WAYNE SUTTON
PERMIT NO. AWS820718
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
}
}
FILE NO. PC -2016-0077
Having been assessed civil penalties totaling 5483.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, November 23, 2016, 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 , 2016
Signature
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC -2016-0077 County: Sampson
Assessed Party: Wayne Sutton
Permit No.: AWS820718 Amount assessed: $483.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Re uest For Remission Waiver o Ri ht to an Administrative Hearigg and Stiulation of 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(f)] 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-282.1 b were
wrongfully gapplied 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);
4 (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 necessary_
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.