710055_HISTORICAL_20171231

NORTH CAROLINA
Department of Environmental Quai

State of North Carolina
Department of Environment_ - - - =--�� ,
and Natural Resources -
Division of Water Quality � 2 2002 A TIft goo
Michael F. Easley, Governor.
William G. Ross Jr., Secretary NCDENR
Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 20, 2002
Victor Evans
Victor Evans Farm
7851 NC Hwy. 53 E
$urgaw NC 28425
Subject: Removal of Registration
Victor Evans Farm
Facility Number 71-55
Pender County
Dear Victor Evans:
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to
the surface waters of the state will'subject you to a civil penalty up to $25,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits
listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals
to that level. Threshold numbers of animals are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poultry with a liquid wastes stem
30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant at
[phone] ext. 571or Steve Lewis [phone] ext. 539.
Sincerely,
Gregory J. Thorpe, Ph.D.
cc: Wilmington Regional Office
Pender Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirinative Action Employer 50% recycled/10% post -consumer paper

71-55 Memo, Victor Evans Farm
Jeffrey Brown of the Fayetteville Regional Office of the Division of Soil and Water Conservation
called on 9/14/01 to say that equipment was going to be moved onto the referenced farm on
9/17/01 to begin closure of the lagoon on 9/17/01 or 9/18/01 in connection with the buyout of the
farm.
Stonewall Mathis
9/20/01 (/

CONFIRMATION OF REMOVAL
This is to confirm that the -following farm does not meet the 2H .0200 registration requirements.
Please inactivate this facility on the registration database.
Facility Number: _ r7I — s s
Farm Name: V 1 c4 o e- Cy cy, S rq r r,
Owner:-
Mailing Address: _ ? S AJC qw4 S3 a- 75 )
SvrhjgW� IV G 28�Z5
County:
Vehde✓
This Facility is:
pasture only (no confinement)
rR dry litter poultry operation
' ` L out of business/no animals on site
closed out per NRCS standards
below the threshold (less than 250-swine, 100-confined cattle, 75-horses, 1000-sheep or
30,000-poultry with a liquid -animal waste management system)
Comments: �� r'"� 'J ^'' zg{ 44-c 6v off{ No /'qy►,
The owner is fully aware that should the number of animals increase beyond the threshold limit
or the operation meets 2H .0200 registration requirements for any reason, the owner will be
required to notify and re -register with the Division of Water Quality.
Signature: - Date: '1 Z� Od
Agency: IV is a., i( 14.44er (.Y vq 1; 7 y
1
PIease return completed form to:
NC Division of Water Quality
Non -Discharge Compliance & Enforcement Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
RR-7/00

•
REQUEST FOR REMOVAL OF REGISTRATION
The following farm does not meet the 2H .0200 registration requirements. Please inactivate this
facility on the registration database.
Facility Number.
Farm Name:
Owner:
Mailing Address:
V *6 r Eva ii1 Fn of-,
ViG4af rv")'1S ---.- ----
78s� NC NLVI 53 ..
County: �e '6-'( e >�
This Operation is:
pasture only (no confinement)
_ dry litter poultry operation
out of business/no animals on site
closed out per NRCS standards
below the threshold (less than 250-swine, 100-confined cattle, 75-horses, 1000-sheep or
30,000-poultry with a liquid animal waste management system)
Comments: Fc,r'" i-r pe rl o ' 4 4 P 6 u ti a v� rr'o5-`,t vtt ,
I am aware that even though I may qualify to be removed from the animal operations registration database, the
Director of the Division of Water Quality (DWQ) may still require me to obtain a Certified Animal Waste
Management Plan (CAWNIP) or an individual permit for this facility. This decision will be made based on this
facility's actual or potential impacts on surface waters of the State of North Carolina. I am also aware that should I,
in the future, decide to repopulate this facility at or below the originally registered number of animals,_I am required
to obtain a CAWMP and request reactivation of the facility from the DWQ prior to stocking animals. Any expansion
to this facility would require me to apply for, and obtain a permit prior to expansion.
Signature: ��
Date: - 11112,k
Please return completed form to:
NC Division of Water Quality
Non -Discharge Compliance & Enforcement Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
RR-7/00

State of North Carolina
Department of EnvironCEI
and Natural Resources FEB 15 2000
Division of Water Quality
James B. Hunt, Jr., Govel
Bill Holman, Secretary
Kerr T. Stevens, Director
Victor Evans
Victor Evans Swine Farm
7851 NC Highway 53 East
Burgaw NC 28425
Dear Mr. Evans,
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 2000
Subject: Facility File Documents
Victor Evans Swine Farm
Facility Number 71-55
Pender County
I spoke with David Williams this afternoon and he informed me that you lost all your
facility documents in the flood. Attached is all the documents and papers we have in our
compliance files. Your permit number is AWS710055 and your animal operation was originally
registered for 650 sows farrow to finish which equates to 921,050 pounds Steady State Live
Weight and your animal waste management plan certification was for 50 sows farrow to finish
which equates to 70850 pounds Steady State Live Weight.
If I can be of further assistance to you, please do not hesitate to contact me by phone at
[phone] extension 571.
Sincerely,
Sonya L. Avant
Environmental Engineer
Attachments
cc: Wilmington Regional Office
Pender County Soil and Water Conservation District
David Williams
Facility 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

F�/
State of North Carolina
Department of Environs
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govei
Bill Holman, Secretary
Kerr T. Stevens, Director
Victor Evans
Victor Evans Farm
7851 NC Hwy. 53 E
Burgaw NC 28425
Dear Victor Evans:
iiD IT
i •
JAN 0 3 2000 — � f
NR
JNCDE
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANp NATURAL RESOURCES
December 30, 1999
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 71-55
Pender County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. ERR1, IPR2, DRY1, DRY2, DRY3, SLURI, SLUR2,
SLD 1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
Since
Kerr T. Stevens, Director
Division of Water Quality
cc: Wilmington Regional Office
Pender County Soil and Water Conservation District
Facility File
16I7 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]U
An Equal Opportunity'Affirmative Action Employer 50%D recycled/10% post -consumer paper

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
May 12, 1998.
Victor Evans MAY 1 a,,,,
Victor Evans Farm
7851 NC Hwy. 53 E BY:
Burgaw NC 28425
SUBJECT: Designation of a Certified Operator in Charge
Victor Evans Farm
Facility # 71-55
Pender County
Dear Mr. Evans:
North Carolina General Statute 90 A-47.2 requires the owner of each animal waste
management system that serves 250 or more swine, 100 or more confined cattle, 75 or
more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid
animal waste management system, to designate a properly certified operator as the
Operator in Charge (OIC). Our records indicate that the OIC you previously
designated is no longer a certified animal waste management system operator.
As the owner of a registered animal operation with an animal waste management
system, you must designate a certified animal waste management system operator as
the Operator in Charge. Enclosed is an Operator in Charge Designation Form
specifically for your facility. Please return this completed form to this office by
June 12, 1998_ Please be advised that nothing in this Ietter should be taken as
absolving you of the responsibility and liability for any past or future violations for
your failure to designate an appropriate Operator in Charge.
If you have any questions regarding the certification of an operator, or need assistance
in locating a certified operator in your area, please contact
Cindy Dudley with the Technical Assistance and Certification Unit at
[phone] ext. 309.
Sincerely,
)0� I'Ai`1-
Joseph B. McMinn, Supervisor
Technical Assistance & Certification Unit
cd/Desig. of certified OIC
Enclosure
cc: Wilmington Regional Office
Water Quality Files
WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION
P.0.6OX 2953S, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SOS's RECYCLED/I 0% POST -CONSUMER PAPER

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
November 13, 1996
Victor Evans
Victor Evans Swine Farm
7851 NC Hwy. 53E
Burgaw NC 28425
SUBJECT: Operator In Charge Designation
Facility: Victor Evans Swine Farm
Facility ID#: 71-55
Burgaw County
Dear Mr. Evans:
� � e
EDF—::HNF:;Z
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,
. Pre on Howard, Jr., UIctor
Division of Water Quality
Enclosure
cc: Wilmington Regional Office
Water Quality Files
P.O. Box 27687, Nv
4
Raleigh, North Carolina 2761 i-7687 a C An Equal Opportunity/Affirmative Acfion Employer
Voice 919-715-4100 500,b recycled/ 10°k post -consumer paper

REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIO .�
Department of Environment, Health and Natural Res rces19e
Division of Environmental Management ro Cl00,
Water Quality Section p °.
�i, era rL
I€ the animal waste management system for your feedlot op ion -Is
designed to serve more than or equal to 100-head of ca `q
horses, 250 swine, 1,000 sheep, or 30,000 birds that are serve by
a liquid waste system, then.this form must be filled -out and mailed
by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be
deemed permitted by DEM:- Please print clearly.
Farm Name:_
Mailing_ Address:
County:
Owner (s) Nam
Manager(s) N
Lessee Name:
Farm Location (Be
milepost, e c .) :,d
as specific as possible: road names, directiont
1,,]/� 1':7 ]. I / t- r X� .. 0 11 ,;,.. � .= --I .-
+Y 1 •� — _ 1 f _ -�
1 .\.-. 11 C Slr k. k k \ u t l e t1, : j. � i .� �i ^. .cam [ i - 4 � i--- -
Latitude/Longitude if known: 3 '*36 Z 3 r W y. 71 or4i --)7'J
Design capacity of animal waste mans ment system (Number and type
of confined animal (s)) �J
TG)
Average animal_ population on -the farm (Number and type of animal (s)
raised) _ PS a _-Z -7122
Year Production.Began:/q9:d- ASCS Tract No.:
Type of waste Management--Sy-stem used: - Q
i/
Acres Available -.for Land Application -of Waste:
Owner (s) Signature (s) :
:71-55
3

Sate of North Carolina T
Department of Environment,
Health and Natural Resources
Division of Environmental Mcnagement -
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary --
A. Preston Howard, Jr., P.E., Director
February 17, 1994
Victor Evans
7851 NC Hwy. 53E
Burgaw NC 28425
Dear Mr. Evans:
This is to inform you that your completed registration form required by the recently
modified nondischarge rule has been received by the Division of Environmental Management
(DEM), Water Quality Section.
On December 10, 1992 the Environmental Management Commission adopted a water
quality rule which governs animal waste management systems. The goal of the rule is for
animal operations to be managed such that animal waste is not discharged to surface waters
of the state. The rule allows animal waste systems to be "deemed permitted" if certain
minimum criteria are met (15A NCAC 2H .0217). By submitting this registration you have
met one of the criteria for being deemed permitted.
We would like to remind you that existing feedlots which meet the size thresholds
listed in the rule, and any new or expanded feedlots constructed between February 1, 1993
and December 31, 1993 must submit a signed certification form (copy enclosed) to DEM by
December 31, 1997. 'New or expanded feedlots constructed after December 31, 1993 must
obtain signed certification before animals are stocked on the farm. Certification of an
approved animal waste management plan can be obtained after the Soil and Water
Conservation Commission adopts rules later this year.
We appreciate you providing us with this information. If you have any question about
the new nondischarge rule, please contact David Harding at [phone].
enc:
Sincerely,
I)a4L�
/-n Steve Tedder, Chief
Water Quality Section
P.O. Box 29635, Rdeigh, North Carorina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affrrmot'nie Action Employer 50% recycled/ 10% post-conwmer paper

October 27, 1992
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
To: Wilmington Regional Office Files
From. Jim Gregson —*
Subject: CAFO Reinspection
Victor EvansSwine Farm
Duplin County
On October 22, 1992, the subject Concentrated Animal Feeding
Operation was reinspected. The facility was discharging hog
waste from the lagoon at the time of the inspection into an
unnamed tributary to Holly Shelter Creek. Mr. Evans was issued a
field NOV during the inspection. A follow up NOV will be sent
and a enforcement report will be prepared for this violation.
JHG:Evans.Oct
cc: David Harding
Wilmington Regional Office Files
Central Files

DA-, LJ
,.,..
.14
I__ —.Dear _Sir:... .—
I I have received the
Victor Evans' swine
143-215.1(a)(1).
Victor C. Evans (Wno
7851 Hwy 53 E
Burgaw NC 28425
letter assessing the civil penalty against
farm for violation of NC General Statute
1. I am requesting a remission of the civil penalty that has
been assessed against the Evans swine farm as outlined in the
letter Section 2.:
(b). The violation was stopped within 24 hours.
(c). The violation was a result of a flood of the whole
general area. Because of the flood the area was
designated a disaster area by the governor.
(e). The payment of the civil penalty will prevent payment
for the necessary remedial actions.
2. I also.stipulate that there are no factual or legal issues in
dispute that I am aware of. I would also like to say that I am
not trying nor have tried to evade any requirements for the
operation of this hog facility.
3. The violation was promptly stopped and no continuing
environmental damage has occurred.
The inspector informed me what I had to do and to report in
writing the completion to his office. This was done in the time
frame given. The inspector/investigator suggested that I
contact the County Conservation Service, a Mr. Wilson Spenser,
and get his advice and counsel on what had to be done and how to
do it. This I did and he gave me an outline of the
requirements. He told me at this time that rules and
regulations were being issued around the first of the year in
1993 that would spell out all the requirements for disposing of
the waste water from the holding pond.
Mr. Spencer sent his assistant out and surveyed and gave me
several alternatives in which to meet the requirements in
disposing of the excess waste water from the holding pond.
He suggested that I use the cost -share agreement to plant the
necessary acerage in coastal bermuda grass. That agreement has
been signed to plant approximately eight acres.

\y . • 2
He also suggested several methods to irrigate the field with the
waste water from the holding pond. He also told me of the
requirements that would go into effect in Jan. 1993 that all
waste water would have to be applied to growing crops.
The cost of a simple system to irrigate the field with the waste
water had to be our first consideration. A vendor was located
— ----- he----surveyed--the--€acility--and --recommended—an ---in-ground—spray
--- -
system that was in use on several other farms and gave me an
estimated cost. We were forced to choose a system where I could
purchase the parts and do a lot of the installation work
ourselves. This system is estimated to cost more than $5000.00
and this does not include any special labor requirements or
equipment such as a backhoe, trencher, etc.....
I have arranged for a loan to help me with the .-cost through
the Cape Fear Credit Asc., which further mortgages my farm.
To help with the planting of the coastal bermuda grass, the Soil
Conservation Service pay up to $137.00 per acre in cost share
money.
4. The cause of this violation was because of the flood which
occured in Pender County, Aug. 1992 and is well documented. My
farm was approximately 60% under water from the overflow of
Shelter Creek and the North East Cape Fear River. In order for
me to reach my hog house we had to use a boat. The flood water
flooded the hog house and the holding pond. For a period of
about four days our hogs were standing in water. When the flood
water receeded the holding pond was left with an overflow. A
portable pump and field application was used to remove the
excesss water fromthe holding pond. The permanent solution will
be in accordance with (15A NC AC 2H 02 17C).
5. The Soil Conservation Service has scheduled a meeting the 22
of Feb. 1993 to go over the requirements for intensive swine
operations in Pender County. He will also spell out how and
when these operations must comply with tjag ales . nn�regulations
issued by the Division of Environmental o
Summary:
wPl do
The Victor Evans Swine Farm -operation ds�Ps whatever- is required
to comply with the rules and regulations that is within my means
and capabilities. I wish to stress that the payment of the
civil penalty will prevent the Evans Swine Farm from completing
the necessary remedial action.
It is with respect that I submitt this request for remission of
the civil penalties against the Evans Swine farm be granted,

with the requirement that an approved system and plan be
installed and carried out by rules and regulations issued by DEM
on Jan. 6, 1993 or other actions -that may be necessary for this
swine operation to be in full compliance.
Sincerely Yours,
Victor C. Evans

STATE OF NORTH CAROLTNA ENVIRON URgTAL MANAGEMENT
COUNTY OF COMMISSION - -
IN THE MATTER OF ASSESSMENT:'-- = ) - WAIVER OF RIGHT -TO AN
OF C1VIL PEN TIES AGAINST : ) ADMINISTRATTVE.BEARING AND
PERMIT NO. D R ) STIPULATION OF FACTS.
FiI.E NO.
IIi�.
Having been assessed civil penalties.totan
m
violation(s) as set forth in the assessment. document of the Director of the Divisiori'of Environmental
Management dated, J4%.Wda ,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 ` P�tS: 19%?
'o, 4111���
RY .
TELEPHONE
� � ash• w'�� .

1.
NOV 5 1992
Degion
fee Cam) J�d�� .. D_/� 1//D�A�btJ Dl`` 'w' S
�G-� .fir✓r.���r� ._ D ��ilrli�Zm�o.�
�l�irJrrg��r_l�ry
c
- -- AJi
._ _ C�c).• �_ ,/�S�r9c� c'�yc.��i . ��i �erlllG��eQ'��q/ _
9L a r
- -- � - - •lam - - � r l - -- -'

i

s � �
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor October 28, 1992 Bob Jamieson
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
CERTIFIED MAIL P 379 272 646
RETURN RECEIPT REQUESTED
Mr. Victor Evans
Route 1 Box 1336
Burgaw, North Carolina 28425
Subject: NOTICE OF VIOLATION
Unlawful Discharge
Evans Swine Farm
NC HWY 53
Pender County
Dear Mr. Evans:
This is to advise you that you are in violation of the North
Carolina General Statute 143-215.1, by discharging animal waste to
waters of the State.
On October 22, 1992, staff of the Wilmington Regional Office
inspected your swine farm located at 7851 North Carolina Highway
53, East of Burgaw. The inspection revealed that the hog waste
lagoon was overflowing and hog waste was entering an unnamed
tributary to Holly Shelter Creek classified 'rC Swamp Waters".
During the investigation you stated that, as a result of the heavy
rains in August 1992, the lagoon was completely covered by the
flood waters of Holly Shelter Creek and that the lagoon has been
overflowing since the time that the flood waters receded. Flooding
conditions occurred in Holly Shelter Creek between August 18, 1992
and September 6, 1992.
Our files indicate that the facility has a history of
discharge violations, as follows:
-December 13, 1989 Hog.waste was being discharged from the
lagoon via a 611 PVC pipe into an unnamed
tributary to Holly Shelter Creek. As a
result, the facility was designated a
concentrated animal feeding operation by
letter dated July 5, 1990.
127 Cardinal Drive Extension, Wilmington, N.C. 2M5-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

%—t
•
P 379 272 646 �1
Receipt for �{
Certified Mail 1
■ No Insurance Coverage Provided
Do not use for International Mail
rwaaeTu�euew�
ISee Reverse}
sktt to Victor Evans
'Z e'o l , Box 1336
P„p S and ZIP�Q 28425
1lrgaw, 1.
Postage
$ -
-
Certified Fee-
-
Special Delivery Fee
Restricted Delivery Fee
p)
Return Receipt Showing
to Whom & Dale Delivered
m
C
7
C&
Return Receipt Showing to Whom,
Dale, and Addressee's Address
TOTAL Postage
Fees t
,
0
M
Postmark or Hate
E
Mailed 10/28/,92
0
to
Q.

1'
Mr. Victor Evans
October 28, 1992
Page Two
You are directed to immediately cease the discharge of hog
waste to the surface waters of the State. It is suggested that you
begin land applying the hog waste on adjacent fields to eliminate
the overflow from the lagoon and to lower lagoon level to create a
suitable safe storage capacity. It is also suggested that you
contact the Pender County District conservationist for assistance
in resolving this problem.
This Office is in the process of preparing enforcement actions
against you for violations of NCGS 143-215.1, containing
recommendations for the assessment of civil penalties in accordance
with NCGS 143-215.5A. A civil penalty of not more than ten thousand
dollars ($10,000) may be assessed for each violation.
If you have any questions concerning this matter, please
contact Mr. Jim Gregson, or Mr. Dave Adkins at [phone].
Sincerely,
Rick Shiver, P.G.
Acting Regional Supervisor
JHG:Evans.NOV
cc: Kent Wiggins
�W—lmington_Regional Office
Central Files
Wilson Spencer (Pender County)
Tom Jones
David Harding

• North Carolina 0 NOV � 1 34) 1
Division of Environmental Management
NOTICE OF VIOLATION OF
G.S. 143-215.1 G.S. 143-215.108
G.S. 143-215.75, et seq. G.S. 87-83, et seq.
G.S.
TO: V
/e UR C.' . 7 VA
ame of Violator)
76S-i A% _53 IF,
(Address) '
A/
(City/County)'
YOU ARE HEREBY NOTIFIED that the undersigned'representative of
the North Carolina Division of Environmental Management observed
a violation of North Carolina Environmental Pollution Control
Laws at:
SS E
(Location of Violation) /�?_j
on or before 7-noPg e 22. 19 `
The following facts establish a violation:
You are required to cease the unlawful activity immediately.
The following corrective actions must be taken:
A written response must be filed with the Regional Office -at the
address below on or before / 701-44.6eT CO 199Z.
NOTICE is given that this and any further violations may result
in enforcement actions, including civil pen Ities.
(Date) (Representative's Signature)
-----------------------------------------------------------------
I , A41^6 G1/11 1 i% IN r7 , hereby certify that I have
per onally served a copy of this No�ice on:
f 1G7-elz /Y S at 1G9.0%L e5V4-,AlS U)IAIP. A*-,9
(Name) (Location)
on / 9917•7- ,19 z'1 Z. //I., , !
' (Signature)
Regional Office Address: �3
M)1Z,A,11Ajr-4A1,,
;�1111 S - 194�11_h

rtSTATr0
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George I Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
July 5, 1990 .
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Victor Evans
Rt. 1 Box 1336
Burgaw, NC 28425
Subject: Designation of Concentrated
Animal Feeding Operation
Evans Swine Farm
NC HWY 53
Pender County
Dear Mr. Evans:
This letter is to notify you that the Evans Swine Farm is hereby
designated a concentrated animal feeding operation in accordance
with Title 15, North Carolina Administrative Code 2H. 0123, and
adopted Federal Regulations 40 CFR 122.23. The designation of
your hog operation was based on inspections conducted on May 24,
1990 by members of the staff of the Wilmington Regional Office.
This Inspection showed that you had established a concentrated
animal feeding operation requiring such designation based upon
the following facts.
1. A discharge of hog wastes from a lagoon via a 6" PVC pipe
was entering an unnamed tributary to Holly Shelter Creek,
classified C Swamp.
2. The operation houses approximately 200 swine.
A National Pollutant Discharge Elimination System (NPDES) permit
is required for discharges of waste to the surface waters of the
State. However, if you can permanently eliminate the discharges
by implementing changes within sixty (60) days of your receipt of
this notice, including, but not limited to, modifications to the
lagoon and the implementation of a final waste disposal plan, a
permit application will not be required. If compliance has been
achieved, you must notify us in writing within sixty (60) days
describing, in detail, the changes or modifications- you made,
PoUudon Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

L-1
Mr. Victor Evans
Page Two
If the discharge of waste to the surface
not permanently eliminated within sixty
this notice, an NPDES permit application
that time.
waters of the State is
(60) days of receipt of
must be submitted within
Permit applications should be submitted, in duplicate, to the
Director, Division of Environmental Management, P.O. Box 27687,
Raleigh, NC 27611. Assistance, if desired, can be obtained by
contacting Mr.. Preston Howard, Regional Supervisor, 7225
Wrightsville Avenue, Wilmington NC 28403 - [phone]. The
applications should be accompanied by -construction plans for any
waste management system to be constructed.
For your information the following items are enclosed:
1. One copy of the Federal Register - Concentrated Animal
Feeding Operations, 40 CPR 122.23.
2. Three copies of NPDES Discharge Permit application - short
form B.
If you need advice or technical assistance with regard to
managing animal waste, you should contact the Pender County
District Conservationist at [phone] or North Carolina
state University's Department of Biological and Agricultural
Engineering at [phone].
If you wish to contest this designation, you must request an
administrative hearing within thirty (30) days of your receipt of
this Notice. 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-11666, Raleigh, North Carolina
27604. A copy of the petition should be filed with this Office.
If you do not request an administrative hearing, this Designation
will become final in thirty (30) days:

Mr. Victor Evans
Page Three
A copy of this letter is- being sent to agricultural agency
representatives for information and to aid them in providing
cooperative assistance. Should you have any questions regarding
this matter, please do not hesitate to contact us.
Sincerely,
Original Signed BY
George T. Everett
George T. Everett
Enclosures
cc: Steve Tedder
Preston Howard
Jim Gregson
Tom Jones (Soil and Water)
District Conservationist (Pender Co.)
WiRO, CF

F,
Y

AO
AP;
I'
rr

Y7,

I

,I - - .4-.

,.f
i,
+(.
s- . _ _
-
_.
•��y
'"
- , _
-
:m00%
�'
� :��
,y�,�
,
a
��
S i id�v
�
�y
�s_A
�i
.1'r'
�.
y�w�
'.�
-
c.,T
"�

i

l :fir: tpo

w

:f:
r`
�� s
� �� Fy �
� R.. � ,�
1'
1 � Il !
___ !i4 � ✓ � �� 1 4
1
. ;n �' 'T'
• � � ` f
� • 1'
. f, r.
L
r .r 7a!�-tiJ

r�r�
�� �'-.
R� �{
�y, i
4
w
yr� �'
'��
q

� r ' If . �� ; >.� I .
��. ° �,
��-
J � � t.
�_, �,.r
i':1 N
i

1
!r r
1 �• f
1 r
0

zr k.
v
� .y