720004_ENFORCEMENT_20171231

NORTH CAROLI NA
Department of Environmental Quai

ENFORCEMENT.
ENFORCEMENT
ENFORCEMENT

-- State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mn. Carolyn Cartwright
Walter Cartwright Swine Operation
Rt. 4 Box 984
Hertford N.C. 27944
LT.KMAI
T4 r
ED FE F 1
September 27, 1993
RE: Request for Remission of Civil Penalty Pursuant to
N. C. G. S. 143-215.6A(f)
File No. CD 93-04
R rquunans County]
Dear Mrs. Cartwright:
RECEIVED
WASHINGTON OFFICE
5 E P 3 0 1993
D. E M.
Your request for remission has been placed on the agenda for the October 14, 1993,
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Ground Floor
Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North
Carolina. I would recommend arriving no later than 12:00 noon.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongly applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment,for the remaining necessary
remedial actions.
Additionally, the Committee on Civil Penalty Remissions may remit the entire amount of
the penalty only when the violator has not been assessed civil penalties for previous violations, -
and when payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Page 2
September 27, 1993
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please call Dianne Williams Wilburn at [phone], ext.233.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Attorney General's Office
lDEM e-jorzai Office`
Enforcement File

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
ffl�.IWA
IT
A&
E3EHNFi
ECE
WASHINGTONE OFFICE
October 18, 1993 Q C T 2 Q 1993
D. E M.
MRS CAROLYN CARTWRIGHT
WALTER CARTWRIGHT SWINE OPERATION -----
ROUTE 4 BOX 984
HERTFORD NC 27944
SUBJECT: Acknowledgment,receipt letter
County: P I_ iU
Case No. CD 93-04
Dear Mrs. Cartwright:
This is to acknowledge receipt of your check No. 312 in the amount of $1,722.68 received from Walter
Cartwright Swine Operation on October 18, 1993.
This satisfies in full the civil assessment levied against Walter Cartwright Swine Operation and this
cast,- been closed. Payment of these penalties in no way precludes further action by this Division for
future violations of the NPDES Permit. If you have any questions please call me at [phone].
S' cerely,
D ne Williams Wilburn Su rvisor
pe
Enforcement/Compliance Group
DWWIbc
cc: na omeee
Enforcemenko- mpliance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

7
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 9, 1993
Certified Mail
Return Receipt Requested
MRS. CAROLYN H. CARTWRIGHT
WALTER CARTWRIGHT SWINE OPERATION
ROUTE 4 BOX 984
HERTFORD, NC 27944
I N1.9;WA
�EHNR
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
County: Perquimans
File No: CD 93-04
Dear Mrs. Cartwright:
RECEIVD
WASH NGTONEOFFICE
fa t 1 1993
D. E M.
I considered the information submitted in support of your request for remission in accordance
with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and hereby modify my initial
civil penalty assessment of $3,222.68 (Civil Penalty - $3,000.00 plus Investigative Costs - $222.68) to
the total amount of $1,722.68 .
Should you choose to pay the modified penalties, you may tender payment to me at the letterhead
address on or before August 31, 1993. Please make checks payable to the Department of Environment,
Health, and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions which is comprised of members of the Environmental Management Commission. The
committee may consider such requests and render final and binding decisions in these matters. You may
argue your request before the committee and Division Staff will argue for full payment of the initial
assessment.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Page 2
August 9, 1993
Should you choose to present your request to the committee please notify me at the letterhead
address on or before August 31, 1993. Your request will be scheduled to be heard on the agenda of the
next scheduled committee meeting and you will be notified of the date and time. If a response is not
received by the Division regarding this notice then your request will be scheduled on the agenda for an
upcoming committee meeting.
Thank you for your cooperation in this matter.
Since 1
A. Preston Howard ., E.
cc: VVashi gton Regional_Offi=
Enforcement file

S�r
State of North Carolina
Department of 'Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
LT.K;WA
IT
A&
C)EHNR
June 28, 1993
RECEIVED
MRS. CAROLYN H. CARTWRIGHT WASHINGTON OFFICE
WALTER CARTWRIGHT SWINE OPERATION
ROUTE 4, BOX 984 JUL 0 2 1"3
HERTFORD NC 27944
D. E M.
RE: Request for Remission of Civil Penalty
Walter Cartwright Swine Operation
File No. CD 93-004
Perquimans County
Dear Mrs. Cartwright:
The Division of Environmental Management has received your request for remission of civil
penalty dated June 21, 1993, with accompanying support information. Your request will be placed on
the agenda of the Director's next scheduled enforcement conference and you will be notified of the
results.
Should you have any questions, please feel free to call me at [phone], ext. 233.
Sincerely,
anne WilLams W�l urn, Supervisor
Compliance/Enforcement Group
cc: DEVI Washington Regional Office
Enforcement File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

SS
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mrs. Carolyn H. Cartwright
Walter Cartwright Swine Operation
Route 4 Box 984
Hertford, NC 27944
IT
�••
E H N F1
RECEIVED
June 16, 1993 WASHINGTON OFFICE
Subject: Request of Remission of Civil Penalties
Perquimans County
Case No.: CD 93-04
Dear Mrs. Cartwright:
JUN 1 81993
D4 F, 56
I recently reviewed your request for remission of the assessment of $3,222.68 against the subject
facility. However you have failed to submit the remission request form along with your letter of
justification.
In order for the Director to consider your request, the request form, which is the fourth page of
your assessment document, must accompany the letter of justification. Please find attached a copy of this
form. For the Director to review your case at the next Enforcement Conference, this waiver must be
filled out and submitted to the address below:
Steve Tedder, Chief
Water Quality Section
P. O. Box 29535
Raleigh, NC 27626-0535
If you wish not to accept the Director's decision, you may request to have the matter heard before
the Environmental Management Commission's Committee on Civil Penalty Remissions.
If you have any further questions concerning this letter or the procedures outlined in it, please call
me at [phone], ext. 226.
Thank you for your consideration.
Sincerely,
�0_ C�
Linda McCollum
Compliance/Enforcement Group
cc: Regional Office
Compliance/Enforcement Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
'COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Environmental
Management dated, _ , the undersigned, desiring to seek remission of
the civil penalties, does hereby waive the right to an administrative bearing in the above -stated matter
and does stipulate that the facts are as alleged in the assessment document.
This the day of , 19_
BY
ADDRESS
TELEPHONE

State of North Carolina
Department of Environment,
„ 0 Health and Natural Resources
4l Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 30, 1993
RMIA1111121101 0 1
• I' , r s
Mr. Walter Cartwright
Walter Cartwright Swine Operation
Route 4 Box 984
Hertford, North Carolina 27944
A4q
-tow
�J
AdOMEdMbMdft
E:)EHNR
SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C.
General Statute(s) 143-215.1(a)(1)
rPerquihji,ff County
File No. CD 93-04
Dear Mr. Cartwright:
REEIVD
WASHINGTONFOFFICE
MAY 0 4 1993
D.EIL
w
This letter transmits notice of a civil penalty assessed against Mr. Walter Cartwright in the amount of
$3222.68 including $222.68 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under
the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment, Health, and
Natural Resources (do not include 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.
W. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
P.O. Box 29535, Rdelgh, North Carorina 27626-0535 Telephone [phone] FAX [phone]
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2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether.
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282.1(b) were wrongfully applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator -had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must
request an administrative hearing. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the .
petition must be served on the Department as follows:
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, North Carolina 27611

Failure to exercise one of the options above within ±iny days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Kent Wiggins or Dianne Williams
Wilburn at [phone].
Sincerely4Preston
A.o , Jr., P.E.
Director
RNUsKX :IX00UI6�
cc: Regional-Supervi
Compliance tnforcement File
Central Files
Public Information Officer

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

STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
IN THE MATTER OF
WALTER CARTWRIGHT SWINE
OPERATION
FOR A VIOLATION OF
G.S. 143-215.1(a)(1)
MAKING AN OUTLET INTO
WATERS OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. CD 93-04
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-
215.6A, I, A. Preston Howard, Jr., A=t Director of the Division
of Environmental Management (DEM), make the following:
I. FINDINGS OF FACT:
A. Walter Cartwright is the owner and operator of an animal
feeding operation located off NCSR 1224 near Hertford,
North Carolina, in Perquimans County.
B. On September 24, 1992 and January 12, 1993, DE4 staff
observed a discharge of wastewater from the lagoon into
an unnamed tributary which discharges into Mill Creek
(Class C Sw, which is in the Pasquotank River Basin).
C. In a letter dated November 12, 1991, the Director,
Division of Environmental Management (DEM), notified the
Waiter Cartwright Swine Operation by certified mail that
the Walter Cartwright Swine Operation had been designated
as a "Concentrated Animal Feedlot Operation" (CAFO) in
accordance with 15A NCAC 2H.0122 and 40 CFR 122.23.
D. The Director's letter stated that as a result of the CAFO
designation, all discharges of animal waste to waters of
the State must be permanently eliminated within 60 days or
an application for a National Pollution Discharge
Elimination System (NPDES) permit must be submitted.
E. The Director's letter stated that the CAFO designation
could be contested by filing a petition for an
administrative hearing in the Office of Administrative
Hearings (OAH) within thirty (30) days receipt of the
designation letter.

Page 2
F. The Walter Cartwright Swine Operation neither applied for
an NPDES permit nor petitioned for an administrative
hearing to contest the CAFO designation.'
G. On September 24, 1992 and January 12, 1993, personnel
from.DEMIs Washington Regional Office inspected the
animal operation and observed waste discharging from the
lagoon entering into an unnamed tributary to Mill Creek
which is classified as C Sw within the Pasquotank River
Basin.
H. The water of Mill Creek is classified as Class C Sw
waters of the State.
I. The costs to the State of the enforcement procedures in
this matter totalled $222.68.
II. CONCLUSIONS OF LAW:
A. Walter Cartwright Swine Operation is a "person" within
the meaning of G.S. 143-215.6A and G.S. 143-212(4).
B. The unnamed tributary that flows into Mill Creek
constitutes waters of the State within the meaning of
G.S. 143-215.1(a)(1) and G.S. 143-212(6).
C.• Waiter Cartwright Swine Operation, a properly designated
CAFO, was required to obtain an NPDES permit prior to
discharging animal wastes into waters of the State.
D. Walter Cartwright Swine Operation discharge of animal
waste into waters of the State without a permit on or
about September 24, 1992 and January 12, 1993, was a
violation of G.S. 143-215.(a)(1).
E. A civil penalty of up to $10,000.00 per day per violation
may be assessed pursuant to G.S. 143-315.6A(b).
F. The State's enforcement cost in this matter may be
assessed against Walter Cartwright Swine. Operation
pursuant to G.S. 143-215.3(a)(9) and G.S. 143-
282.1(b)(8).
G. The Director, Division of Environmental Management,
pursuant to delegation provided for by G.S. 143-215.6A(h),
has the authority to assess civil penalties in this
matter.

Page 3
Based upon the above Findings of Fact and Conclusions of Law,
I make the following:
III. DECISION:
Accordingly, Walter Cartwright Swine Operation is hereby
assessed a civil penalty of:
$ Zrvoo. 00
for making an outlet into the waters of the
State in violation of G.S. 143-215. 1(a) (1) . .
$ —5000. Qp TOTAL CIVIL PENALTY, which is ,30 percent of
the maximum penalty authorized by G.S. 143-
215.6A.
$ 222.68 Enforcement costs..
$ M Z Z •46 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount
of the penalty I have considered the factors listed in G.S.143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the
State, to the public health, or to private property resulting
from the violation;
(2) . The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator "in complying or failing to
comply with programs over which the Environment Management
Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
I/-zi •L"�3
(Date)
A. Preston Howard, Jr
$ivison of Environmental Management

5`--T--
DISTRICT HEALTH DEPARTMENT
PASQUOTANK- PERQUIMANS-CAMDEN-CHOW AN
P. O. Box 189
Elizabeth City, NC 27907-0189
Phone[phone]
May 27, 1993
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P. O. Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Tedder:
Howard B. Campbell, M.P.H.
Health Director -�
R-IC
WASHED
INCTopj oprIcE
MA Y � 8 1993,
I am writing this in regards to out phone conversation on
May 27, 1993.
Enclosed you will find a letter written by Mrs. Carolyn
Cartwright, concerning her Swine Operation. Due to the recent loss
of her husband, Walter W. Cartwright, Sr., there has been a
tremendous amount of stress on Mrs. Cartwright and her family
trying to continue the operation and follow state guidelines. As
she has stated they will try to make every effort to bring the
operation to state standards. I would appreciate any help that you
can give Mrs. Cartwright in dismissing the penalty of $3,222.68
along with any advice to further her continuation of raising
livestock. I have thoroughly discussed the situation with her and
she is definitely trying every effort to bring the swine operation
up to state standards. If I can provide any technical assistance,
please feel free to contact my office.
Respectfu ly,
Ralph L. Hollowe Jr.
District Soil Scientist/Environmental
Health Specialist
cc: Mr. Scott Jones

f
Carolyn H. Cartwright
Route 4, Box 984
Hertford, North Carolina 27944
May 27, 1993
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P. 0. Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Tedder:
Re: Letter dated April 30, 1993
Subject: Assessment of Civil Penalities
for Violation of N.C. General Statute
143-215.1(a)(1)
File # CD 93-04
At this time I will reply to option #2, to submit a written
request to state my situation. The findings according to Mr. Scott
Jones in. the Washington office, was an opening that needed to be
closed so waste would not seep out. The opening has been closed
and at this time no seepage is noticed. I have talked with the
conservation officer in Perquimans County and I will be working
with him to make application for future plans.
On February 19, 1993, my husband, Walter W. Cartwright,
Sr. died. When the investigation and other findings were brought
out he was in charge of the hog operation, so I am at a loss at
this time but will make every effort to make this operation meet
state regulations. I would greatly appreciate any consideration
you could give me in this matter and dismiss this assessment in the
amount of $3,222.68. I am having numerous business items to deal
with and make decisions_ for the future to continue the operation
that my husband worked so diligently for thirty-five years. It is
very difficult adjusting to these many obligations. Again, I will
appreciate any and all consideration you can give me at this time.
If I can assist with further information or help in any
way, please do not hesitate to call me, work phone(8:00-5:00)
#919-338-2167, Monday through Friday.
Sincerely,
��
Carolyn H. Cartwright
cc: Mr. Scott Jones