720004_HISTORICAL_20171231

NORTH CAROLINA
Department of Environmental Qua'

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State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Douglas Baker
Douglas Baker Farm
Rt 3 Box 174-B
Belvidere NC 27919
SUBJECT: Operator In Charge Designation
Facility: Douglas Baker Farm
Facility ID#: 72-4
Perquimans County
Dear Mr. Baker:
A 4*
WASH NGTMFFICE
NOV 1 9 1996
M &AL
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your. cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919n33-0026.
Sincerely,
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Enclosure
cc: Washington Regional Office
Water Quality Files
P.O. Box 27687, ;*
Raleigh, North Carolina 2761 1-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 504b recycled/10% post -consumer paper

L'�)AR.0
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889-1424
James B. Hunt, Jr., Governor Jonathan R Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 15, 1993
Mr. Walter Cartwright
Route 4, Box. 984
Hertford, NC 27944
Subject: Notice of Violation
Notice of Initiation of Enforcement Action
Walter Cartwright Swine Operation
Perquimans County
Dear Mr. Cartwright:
The purpose of this letter is to notify you that the Washington
Regional Office of the Division of Environmental Management has
recommended an enforcement action against the above referenced
swine operation, located off NCSR 1224 in Perquimans County, North
Carolina. The enforcement action addresses the following
violation:
The Walter Cartwright Swine Operation has violated N.C.
General Statute 143-215.1 (a) (1) by discharging animal waste
into the surface waters of the State.
Discharges were observed by DEM staff on October 2, 1991; September
24, 1992; and, January 12, 1993. You should take the appropriate
corrective actions to immediately cease -the discharge from this
operation. Any further discharges will be considered separate
violations and may incur additional enforcement action.
If you have any questions concerning this Notice, you may contact
this office at [phone].
Sincerely;
IMP
J m Mulligan
gi: Supervisor
cc: WQ Central Files
P.O. Box 2188, Washington, North Carolina 27899-2188 Telephone [phone] FAX: [phone]
i I 1
An Equal Opportunity Affirmative Action Employer

DIVISION OF ENVIRONMENTAL MANAGEMENT
January 15, 1993
TO: Steve Tedder, Chief
Water Quality Section
mI�3
THROUGH: Jim Mulligan, Supervisor
Washington Regional Office
THROUGH: Roger Thorpe,AWateerQuality Supervisor
Washington Regional Office
FROM: Scott Jones, Environmental Technician
Washington Regional Office
SUBJECT: Enforcement Action
Walter Cartwright
Perquimans County
INTRODUCTION:
Swine Operation
The Walter Cartwright Swine Operation
approximately one (1) mile north of the
17 and NCSR 1224 near Hertford, N.C.
attached map). This operation house
during most of the calendar year
Concentrated Animal Feeding Operation
REPORT:
is located off NCSR 1224
intersection of US Highway
in Perquimans County (see
s approximately 1200 swine
and was designated as a
on November 12, 1991.
On September 24, 1992, Robert Tankard and Scott Jones from the
Washington Regional Office, Water Quality Section conducted an
investigation at this facility and found it to be discharging
lagoon waste via a man-made ditch to an unnamed tributary of Mill
Creek which is classified as C Sw in the Pasquotank River Basin.
At the time of inspection, Mr. Cartwright was unavailable.
Over the next three months, numerous attempts to contact Mr.
Cartwright were made. These attempts were unsuccessful and by the
first of the year he had not been reached.

Mr..Steve Tedder
January 15, 1993
Page 2
On January 12, 1993, a second visit was made to the facility in an
attempt to contact Mr. Cartwright as well as ascertain the status
of the facility. Again, Mr. Cartwright could not be reached and
the lagoon was found to be discharging in the same manner observed
during the September 12th inspection.
Mr. Cartwright was in contact with this office on January 15, 1993,
and was informed by phone that the above referenced discharges of
animal waste into the waters of the State were illegal discharges
and that an enforcement action would be initiated against his
facility.
CONCLUSION:
The Walter Cartwright Swine Operation in Perquimans County was
observed to discharge animal waste into the waters of the State
intentionally via a man-made ditch on September 24, 1992 and
January 12, 1993. These discharges constitute violations of North
Carolina General Statutes 143-215. 1 (a) (1).
RECOMMENDATION:
It is recommended that the appropriate enforcement action be taken
against the Walter Cartwright Swine Operation.

Division of Environmental Management
Enforcement Case Assessment Factors
TYPE: (CD) CAFO -Discharge after Designation
Violator: Walter Cartwright Swine Operation
Address: Route 4, Hog 984, Hertford, NC 27944
Regional office: Washington
1. The decree and extent of harm to the natural resources of the
State to the public health or to private property resulting
from the violation: The Walter Cartwright Swine Operation has
discharged animal waste into an unnamed tributary to Mill
Creek which is classified as C Sw within the Pasquotank River
Basin.
2. The duration and gravity of the violation: Discharges were
documented on October 2, 1991; September 24, 1992; and,
January 12, 1993.
3. The effect on around or surface water quantity or quality or
on air duality: Animal waste water has flowed into surface
waters of the state.
4. The cost of rectifying the damage: Unknown
5. The _amount of money saved by noncompliance: The amount of
money that was saved from not repairing the lagoon dike wall
or by pumping and disposing of the animal waste water in an
approved matter.
6. Whether the violation was committed willfully or
intentionally: Mr. Cartwright knew that these discharges were
illegal due to his previous designation. Since there was no
apparent attempt to eliminate this discharge, this office
feels that the violation was intentional.

Page 2
Assessment Factors
Walter Cartwright Swine Operation
7. The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority: This facility was cited
for animal waste discharging from the lagoon to surface waters
of the state via an overflow pipe. Water Quality Staff
revisited the site on September 24, 1992 and January 12, 1993,
and found discharges to still be occurring. The facility
discharged animal waste into unnamed tributaries to Mill Creek
which is classified as C' Sw within the Pasquotank River
Basin. The Water Quality Section recommended enforcement
action to be taken against the Hudson Brothers Farms on
January 15, 1993.
8. The cost the State of the enforcementprocedures:
Staff Preparation: $186.68
Mileage: $ 36.00
TOTAL: $222.68
9. Type of violator and general nature of business: The -Walter
Cartwright Swine Operation is owned and operated by Mr. Walter
Cartwright.
10. Violators degree of cooperation (including efforts to prevent
or restore recalcitrance: Mr. Cartwright has been honest
about his waste system and has cooperated with this office
thus far.
11. Other Mitigating Circumstances: None
12. Assessment Factors:
a) IWC 100%
b) Receiving Stream Class C Sw
c) Damage YIN If yes, include report from WRC. No
13. Include a copy of the previously completed Animal operations
Inspection Form. Copy attached.
14. Include a copy of the Designation letter signed by the
Director. Copy attached.

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
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., Acting 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, DEM 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
Walter 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 DEM's 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. Walter 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:
$ for making an outlet into the waters of the
State in violation of G.S. 14.3-215.1(a)(1).
$ TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143-
215.6A.
$ 222.68 Enforcement costs.
$ 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.
(Date) A. Preston Howard, Jr.
Acting Director
Division of Environmental Management

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Walter Cartwright Swine Operation
Perquimans County
09/24/92
Scott Jones/Robert Tankard
nnamed tributary conveying lagoon waste to Mill Creek.
Walter Cartwright Swine Operation
Perquimans County
09/24/92
Scott Jones/Robert Tankard
! 2 inch corrugated pipe previously installed in lagoon `
1. Owner instructed to remove and discontinue discharge i
previous inspection on October 2, 1991.
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