710068_ENFORCEMENT_20171231

NORTH UAROLINA
Department of Environmental Qual

I
`o�oF W A rFRQG Michael F. Easley
Governor
7JUN
JVED William G. Ross Jr., Secretary
Department of Environment and Natural Resources
8 20Q4 Alan W. Klimek, P.E.. Director
Cofeen H. Sullins, Deputy Director
Division of Water Quality
May 26, 2004
MEMORANDUM
TO: Kathy Cooper.
Special Deputy Attorne General
FROM: Alan W. Klimek, P.E.
SUBJECT: Request for Collection of Penalties
Please initiate collection proceedings for the case listed below. Copies of the civil penalty assessment and other
case documents are attached.
Violator Case Number
Edward "Pete" Padgett PC 00-038
Date Assessed
June 29, 2000
Date Received
July 5, 2000
(Mr. Padgett was assessed $1,135.36 in June 2000. The Director of the Division of Water Quality remitted $200 of
the penalty in Oct. 2000- Mr. Padgett requested a twelve (12) month payment schedule for the adjusted penalty of
$935.36 ($77.95 per month). He made the first five payments. He has not made a payment since July 2001. A
payment demand letter was sent on March 4, 2004 and received on March 10t' requesting payment of the balance of
$545.61 within 30 days of receipt. As of May 26, 2004, payment has riot been received.)
Thank you for your assistance in this matter. Please contact Steve Lewis at 733-5083, ext. 539 if you need any
additional documentation or if you have any questions.
ATTACHMENTS
cc: Q le `S1iiv`er?�Wilmington Regional Office
File # PC 00-038
NODENR
Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
1 800 623-7748

0F W A r�RQG G` V E,L Michael F. Easley
Governor
MAR 9 ?ON William G. Ross Jr., Secretary
y 1r Department of Environment and Natural Resources
C Alan W. Klimek, P.E. Director
B� Coleen H. Sullins, Deputy Director
Division of Water Quality
March 4, 2004
Mr. Edward Padgett
PO Box 487
Wallace, NC 28466
SUBJECT: Request for Payment of Civil Penalty
File No. PC 00-038
Pender County
Farm # 71-68
Dear Mr. Padgett:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Our records show that you have made five payments on the civil penalty for case number PC
00-038. The last payment we received was in July 2001. Our agreement in January 2001 was
that you would make twelve monthly payments (see attached). The balance due for the penalty
is $545.61.
Please send the balance due within thirty (30) days of your receipt of this letter. If our
records are in error, contact Steve Lewis immediately at [phone] ext. 539. If payment is
not made, we will request that the North Carolina Attorney Generals Office file a collection
action.
Thank you for your prompt attention to this matter. If you have any questions, please contact
Steve Lewis at [phone] ext. 539 or Jeff Poupart at [phone] ext. 527.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
JOP/scl
cc: Wilmington.Regional-Office w/o attachment
File # PC 00-038 w/o attachment
Central Files w/o attachment
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmafive Action Employer
50 a recycled/ 10% post-consumerpaper
http✓/h2o.enr.state.nc. us
NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

RFM_n
�
State of North Carolina J JA2
Department of Environment
�,Y:
and Natural Resources
Division of Water Quality
MichaeI F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director
MR_ EDWARD PADGETT
PADGET # 1 FARM
P. O. BOX 478
WALLACE, NC 2846E
NCDEiTR
NORTH CAROUNA DEPARTMEMT OF
ENvIROMMENT AND NI6uRAL RESOURCES
January 9, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Padgett # 1 Farm
Pender County
Case Number PC 00-038
Dear Mr. Padgett:
Your request for remission has been placed on the agenda for the February 8, 2001 meeting
of the Environmental Management Comrnission's Committee on Civil Penalty Remissions. The
Committee will convene immediately following the close of the regularly scheduled business
meeting of the Environmental Management Commission in the Ground Floor Conference Room of
the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You
should arrive no later than 11:30 a.m.
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.

The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
civil penalty, or the entire penalty. The entire amount of the penalty can only be remitted 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.
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 approximately fifteen minutes for your presentation_
If you have any questions concerning this matter, please call Joe Albiston at (919) 733-
5083, extension 581. If you are unable to attend on this date, please notify us at least 10
working days in advance and your hearing will be rescheduled. Exceptions to the 10-day
notice will be made in the event of emergency situations.
Sincerely,
err T. .Stevens, Director
Division of Water Quality
cc: Rick Shiver, Wilmington Regional Office
File PC 00-038
Central Files

AGENDA ITEM: _ d9 _ Request for Remission of Civil Penalty by
Edward Padgett PC 00-038
Pender County
EXPLANATION: On June 29, 2000, the Director, Division of Water
Quality, assessed a civil penalty of $1,135.36
($1,000.00 civil penalty and $135.36 investigative
costs) against Edward Padgett for violations of G.S.
-143-215.1. The civil penalty assessment represents
5 percent of the maximum allowed by G.S. 143-
215.6A.
On July 24, 2000, Mr. Edward Earl Padgett
requested remission and waived Edward Padgett
right to an administrative hearing and stipulated that
the facts -were as alleged in the assessment
document.
RECOMMENDATION: The Division of Water Quality opposes any
remission or mitigation of the penalty.
The recommendation is made for the following
reason:
1. The Director considered information
submitted in support Edward Padgett request
for remission of civil penalties in accordance
with G.S. 143-215.6A(f) and his delegation
provided by the secretary and did not find
grounds to modify the assessment.
119

If you have any questions about this letter, please do not hesitate to contact Bob Sledge at
[phone], extension 547.
Thank you for your cooperation in this matter.
cc: Wilmington Regional Office
Enforcement File
Central Files
r
III
Sincerely,
Kerr T. Stevens

STATE OF NORTH CAROLINA
COUNTY OF _ klqd4 e _
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALITIES AGAINST
PERMTr NO.
ENVIRONMENTAL MANAGEMENT
COMMIS S ION
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FI1LE NO. G O0 -0=3 9
Having been assessed civil penalties totaling A % � �. 3 A for
violation(s) as cat forth in the assessment document of the Director of the Division of Water Quality
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 e52 t% day of4 A , 20�2 n_
rz, ///z Ila z
Y SIGNATURE
ADDRESS
Ae 8.2v y �.
TELEPHONE l � 7 el t f/
pry

CEIV D
14uG 1 1999
I : Mr`_ voe A.lbiston
Lear Sir-:
E. E_ Pete Padgett
PD Ll!• ix 472•
I am writing this letter in a" attempt to explain a series of
events sun rC•I_nding ih'_s violation and to also Salaii'a wy right ti• an
administrative hearing- (Ply ase see at- atc:hed form). _ .
D u-.—inn the time of } urwicane Floyd♦ T_ as iany others, was having
a hand time dealing with all that affected me. At my place of
business 1 lost elts:'`ything 1 had accuDJm lated in my en ins w7o: king
ca,-eer, a 100% loss. During this time the lagoon levels were high
and- I !'ailed when T first 'i'cf"u2nized this and talked with ..i'imw
Vinson at Bruwms of car•ul ina.. He ;.old we to _get exact res:stinow and
cell him vc:wk, of which 1 did- He the said he had soma nhhevs to
-r would l i� r
call ir, and {"'t2 VJ� t.._; C.�_ 1 mine it with them-
1 ac:eptaCvlo} 1e said_ t1C he aL111 did not have
any anSL:e'i'
in my E'mer-gtnoy as io what I should do— At this time 1 Called
and requicsteJ io taik with My- Rick Shiver personally It the office
o thught fop a few seconds and stated
in 41 :al WtlT: Cl'G :J1:_ ". f2 ,!-CCtDi7i Clly'
E-!nCbably te-i+= Wiest ;thing to do was to co ahead and t.:ump—
!•e discussed uver application and r'.ON... He Zdvined me rO
ut_[mp and not to worry about pa3nding, but make sure not to have a
rupture an have waste to run in di tuhev or out of lips ay) field.
He Baia bacaauw* of recent stoym, pni'.ajing would have to to acceptable.
Ho reewinWly accepted my call graciously and told me _ had done
the riui._:.t thing in ;alli"g him. We did everything we possibly
(could do to keep levels lower and in proper levels as days and
months went anwith the continual wet and raining continuaing.
As to thtY fine .as per, attatched, I would egeatful iv appreciate
this being r•ewitted in -Full as I think we have now trade some g&od
imppovements in oun vver• all position.
Thank You,
E_ E. Pere Padgett
File 4PLOO-0 = 8
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item 4 if Restricted Delivery is desired_
■ Print your name and address on the reverse
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PS Form 3811, July 1999 Domestic Return Receipt 102595 99-M-1789
.2/

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality -
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MR. EDWARD PADGETT
PADGETT#1 FARM
P. O. BOX 478
WALLACE, NC 28466
Dear Mr. Padgett:
NCDENR
E.PMRONMENT ANo NAruRAL RE,SOURCEs
June 29, 2000
CERTIFIED MAIL ..
SUBJECT: Assessment of Civil Penalties for
General Permit Violations
Padgett #1 Farm
Farm #71-68
Pender County
File No. PC 00-038
This letter transmits notice of a civil penalty assessed against the Padgett #1 Farm in the
amount of $1135.36 including $135.36 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 provided by the
Secretary of the Department of Environment and Natural Resources. 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 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)_
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
/12 %
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o. enr.srale_nc_ us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Joe Albisston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North .Carolina 27699-1617
W
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. I (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 -hadbeen 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 inf6rmation to the attention of.
Mr. Joe Albistom
NCDENR_
DWQ
1617 Mail Service Center
Raleigh, North -.Carolina 27699-1617
M
3. Submit a written .request.for an administrative hearing:
If you wish to contest -any portion of the civil penalty assessment, you must
request an administrative. hearing. This request must be in the form of a written
petition to the Office,of:Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the: 1,2 3

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty 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 Mr. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments -
Public Information Officer w/ attachments
/.; V

STATE OF NORTH CAROLINA
COUNTY OF -
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER -OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALITIES AGAINST } ADMINSTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO:
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil r
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
SIGNATURE
ADDRESS
TELEPHONE
/z5'

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF
EDWARD PADGETT
FOR NON -DISCHARGE GENERAL
PERMIT VIOLATIONS
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 00-038
} FINDINGS AND DECISION
AND ASSESSMENT OF
} CIVIL PENALTIES.
}
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Edward Padgett owns and operates the Padgett #1 Farm, a swine operation in
Pender County.
B. Edward Padgett was issued Certificate of Coverage AWS710068 under General
Permit AWG100000 for Padgett #1 Farm on September 3, 1999, effective
September 3, I999, with an expiration date of April 30, 2003.
C. Condition No. V. 3. of the "General Conditions" of the General Permit states in
part that "The maximum waste level in lagoons/storage ponds shall not exceed
that specified in the Certified Animal Waste Management Plan (CAWMP). At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the�25-year, 24-hour storm event
plus an additional one (1) foot of structural freeboard."
D. The CAWMP for Padgett #1 Farm requires that the waste level in the lagoon does
not exceed twenty {20) inches.
E. Condition No. M. 6. e. of the "Monitoring and Reporting Requirements" of the
General Permit requires that the permittee shall report by telephone to the
appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.
/2G

F. DWQ staff from the Wilmington Regional Office inspected Padgett #1 Farm on
February 17, 2000 and observed that the waste level of the lagoon was fourteen
(14) inches which exceeded the level specified in the CAWMP.
G. The Wilmington Regional Office had not received notification from Padgett #1
Farm that the waste level exceeded the level specified in the CAWMP.
H. The costs to the State of the enforcement procedures in this matter totaled
$135.36.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Edward Padgett is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Edward Padgett violated Condition No. V. 3. of the General Permit by failing to
maintain the liquid level in the lagoon at the level specified in the CAWMP.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
III. 6. e. of the General Permit.
E. Edward Padgett may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than ten thousand dollars
(S 10,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Edward
Padgett pursuant to G.S. 143-215.3(a)(9) and G.S. f43B-282. i (b)(S).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
127

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Edward Padgett is hereby assessed a civil penalty of:
$ S O for violating Condition No. V. 3. of the General Permit by
failing to maintain the Iiquid level in the lagoon at the level
specified in the CAWMP
$�for violating Condition No. M. 6. e. of the General Permit by
failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of failure to
maintain storage capacity in a lagoon/storaQe pond greater
than or equal to that required in Condition No. V. 3
S_ \ , 0 0 0 TOTAL CIVIL PENALTY, which is -:SL percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 135.36 Enforcement costs
S \ _ 13 9. 3 L TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in 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 ii1tentionally;
(7) The prior record of the violator in complying or failing to comply with programs
- over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
L -.2,!!S - o 0
�s a;�- ��-
(Date) Kerr T. Stevens, Director
Division of Water Quality
1�1

Uv -v �3
u
State of North Carolina
Department of Environment
and Natural Resources _
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Division of Water Quality
CERTIFIED MAIL # P 328 829 369
RETURN RECEIPT REQUESTED
Mr. Edward Padgett
Padgett #1 Farm
PO Box 478
Wallace, NC 28466
Dear Mr. Padgett:
4•.
NCDENR
Ncerni CARoUNw CzPARTMGPPI of
ENVIRONMENT AND NArLwAL RezouRc"
April 6, 2000
4P19
1" 781 Q D �p00
9.3
U'gLln.sEc1'
` _ mplf�� EN
Subject: Notice of Violation &
Intention to Enforce
Padgett #1 Farm
Facility Number: 71-68
Pender County
This is to notify Mr. Edward Padgett, who holds a non -discharge permit for an animal waste disposal
system pursuant to 15A NCAC 2H .0200 and North Carolina G.S.143.215.1. of violations of Animal Waste
Permit AWS 710068.
1. Inadequate Freeboard
On February 17, 2000, it was discovered by Mr. Dean Hunkele that the freeboard level in your lagoon was
not in compliance at 14 inches and you failed to notify the Division of Water QualitypWQ). This is a
violation of Part Ill. Section 6e ofAWS710068. This level is dangerously close to encroaching within the 12
inches required for structural stability. In addition, inadequate freeboard of 13 inches and a level of 19
inches was discovered during two visits at this facility during 1999. _
You should have submitted a Plan of Action to obtain compliance within a stipulated time frame
depending on your lagoon level. The following procedure is to be implemented whenever the
freeboard level in any lagoon is not in compliance:
1. Notify DWQ Wilmington Regional Office within 24 hours as required -by Section Ill.
Monitoring & Reporting Requirements. Part 6e. Regional Notification.
2. Submit appropriate Plan of Action documents obtained from DWQ, Soil & Water district
office, or Service Company
3. Provide DWQ Regional Office with weekly updates
4. Notify DWQ Regional Office when compliance is attained.
i.2q
127 North Cardinal Or., Wilmington, North Carolina 29405 Telephone [phone] FAX [phone]"
An Equal Opportunity Affirmative Action Employe 50% recycledM*% post -consumer paper

Mr. Edward Padgett
April 6, 2000
Page 2
It is highly recommended that this facility: 1) explores and initiates measures to conserve fresh
water usage and 2) make any necessary changes to the waste management system and/or waste
utilization plan to help maintain appropriate lagoon levels.
2. Inadequate Record Keeping
During past inspections the following problems with record keeping have been observed that at your facility
and after reviewing the NCDA Agronomy database. Facility has failed to obtain annual soil samples and
have current waste analyses for waste applications. Lime must be applied as required by -annual soil
analysis in accordance with Part H. Section 3 ofAWS 710068. If weekly freeboard records have not been
kept since acquiring your permit, then begin doing so. Please referto the violation sent foryour other facility
71-19 for additional helpful information pertaining to records. These are violations of Part L Section 2 and
Part M. Sections 3 94 ofAWS710068 and your cerfified animal waste management plan. '
Contact your Service Company, county Soil & Water district office, or county extension office for
any assistance they may be able to provide. The Division of Water Quality may pursue additional actions
including civil penalties, injunctive relief, or revocation of yourAnimal Waste PermitAWS 710068 for future
incidents.
If you would like to express why you feel that the Director should not assess a civil -penalty, then
submit a detailed explanation forthis violation within 15 wonting days of your receipt of this notice. Be sure
to include all pertinent records showing that the waste management system has been properly operated and
addressing the other noted violations. A copy should be sent to this office and our Central office in Raleigh
at the address below.
Mr. Steve Lewis
NC DENR
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this. matter please do not hesitate to contact -either Mr.
Stonewall Mathis, Mr. Dean Hunkeie, or myself at [phone].
Sincerely,
Rick Shiver -
Regional Water Quality Supervisor
cc: Jason Turner, Pender County Soil and Water Conservation
Jimmy Vinson, Brown's of Carolina
Steve Lewis, DWQ Central Office Compliance Group
DWQ Non -Discharge Operations Branch File
DWQ Wilmington Animal Files 71-19
J$D
S:1WQSIANIMALSIPENDER12000171-68 Padgett #1 NOV& TE.wpd

Mr. Steve Lewis
NC DEAR
Division of Water Quality
1617 Wl Service Center
Raleig NC 27699-1617
April 27, 2000
Subject: Padgett #1 Farm
Fac. # 71-68
Pender County
Dear Mr. Lewis:
i_
The plan of action for Padgett #1 was submitted within 48 hours of the inspection on
Februa7 17, 2000. It was determined on the day of the inspection that light applications
of effluent could be made. The plan was followed and the lagoon was lowered within the
stipulated time frame.
A vv ste sample received on February 22, 2000 was utilized to calculate the balance on
the I R; 2 form to prevent an over application. Soil samples have been taken and any
recommendations will be hallowed.
I
i
We are continuing our best management practices to reduce the potential of harming
the cnviionment. All of the actions planned were implemented . We will continue to work -
on our goals and remain an environmentally responsible farm.
Please take these actions under consideration before assessing a civil penalty.
Sincerely,
I
Edward E. Padgett
cc: Rica: �hivcr DWQ Wihning[on
13.1
Ti]?�t P.0-:'

�Q�f �ei� n-t
See attached map.sh owing the fields to be used for the utilizalion of waste water. 4
hit
• 4•
Application of Waste by irrigation
Field Soil Type Crop Application Application
13.
f34/4
TMS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SM2 AR TABLE WILL
BE 2=ED FOR DRY UTTER OR SLLMRY.
Your facility is designed for I days of temporary storage and the temporary storage
must be removed on the average of once every � MONTHS. In no instance should
the volume of waste being stored in your structure exceed Elevation -I T'logn,( + k FL-7 .
Call the local Natural Resources Conservation Service (formerly Soil Conservation
Service) or Soil and Water Conservation District office after you receive the waste
analysis report for assistance in determining the amount per acre to apply and the proper
application rate prior to- applying the waste.
Narrative of operation:
y

I
REQUIRED SPECIFICATIONS .-
(contiaucd}
.I6. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system
17—Lagoons and other uncovered waste containment structures must maintain a miximism
operating level to provide adequate storage for a 25-year, 24-hour storm event in
addition to the one (I) foot mandatory freeboard. r
IS. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc, are limited to areas
where considered appropriate. Lagoon areas should be kept mowed and accessible.
Lagoon beruks.and structures should be inspected regularly for evidence of erosion,
leakage, or discharge.
19. If anima! production at the facility is to be suspended or terminated,, the owmer is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
24. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should
be kept on site.
133

ANIMAL WASTE UTILIZATION PLAN
------------------------------------------------------
-----------------
fi!
amounts of nitrogen shown in the tables may make this plan invalid.
The following table is provided"as a guide for establishing application
rates and amounts.
Tract
Field
Soil Type
Crop
Application Rate
(in/hr)
App ic. Amount
(inches)
1347
1
GOA
BH
.5
*1.3
1347
3
GOA
C
*2.0
1347
3
GOA
SB
*1.2
1347
-1
SG
.5
*1.2
1347
-3
GOA
W
.5
*1.2
1613
1
NOB
BH
.5
*1.3
­13
I
-1
SG
.5
*1.2
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied.- In many situations, the application amount shown cannot
be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil
conditions.
r
Your facility is designed for 180.00 days of temporary storage and the
temporary storage must be removed on the average of once every 6.00 months.
In no instance should the volume of the waste be stored in your stracture
be within the 25 year 24 hour storm storage or one foot of freeboard except
in the event of the 25 year 24 hour storm.'
It is the responsibility of the producer and -waste applicator to ensure
that the spreader equipment is operated properly to apply the correct rates
to the acres shown in Tables 1 and 2. Failure to apply the recommended
rates -and amounts of nitrogen shown in the tables may make this plan
invalid.
Call your technical specialist after you receive the waste analysis report
for assistance in determining the amount of waste per acre and the proper
application rate prior to applying the waste.
NARRATIVE OF OPERATION
-------------------------------- 13-`-----------------------------------
Page: 7

:MPORARY STORAGE REQUIRED
:ainage Area:
Lagoon (top -of dike)
Length X Width =
400 165 66000 Square Feet
Buildings (roof and lot water).
Length X Width =
0 .0 0 Square Feet
TOTAL DA 66000 Square Feet
Design
temporary storage to be 180 days.
A.
Volume
of waste produced ,
Approximate daily production of manure in CF/LB SSLW 0.00136
Volume
= 348300 Lbs. SSLW X CF of waste/lb/day X 180
Volume
= 85264 Cubic feet
B.
Volume
of wash water
This is
the amount of fresh water used for was floors or
volume
of fresh water used for a flush system. ush systems
that recirculate the lagoon water are account�e for in 5A.
Volume
= 0 Gallons/day X 1 ys storage/7 48
g lons per C
Volume
= 0 Cubic feet
C.
Volume
of rainfall in excess of evaporation
Use period of time when rainfall exceeds evaporation by
largest
amount.
=180
days excess rainfall = 7.0 inches,
rVoiume
. _,°- -_ _ 7.0 Inches X DA / 12 inches per foot',
Volume
= 36500 Cubic feet -
D.
Volume
of 25 year - 24 hour storm
Nolume
= 8.0 inches / 12 inches per foot X DA
Volume
= 44000 Cubic feet
TOTAL REQUIRED TEMPORARY STORAGE
_5A. 85264 Cubic feet
5B. 0 Cubic feet
5C. fig' 36500 Cubic feet
5D. 44000 Cubic feet
TOTAL 167764 Cubic feet

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
,lames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
September 3, 1999
EDWARD EARL PADGETT FARM
PO BOX 478
WALLACE, NC 28466
Attn: Edward Padgett
T
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENMRONMENT AND NAC�RAL RE500RCES
Subject: Certificate of Coverage No. AWS710068
Edward Padgett
Swine Waste Collection, Treatment,
Storage and Application System
Pender County
Dear Edward Padgett:
In accordance with your application received on October 26, 1998, we are forwarding this Certificate of
Coverage (COC) issued to Edward Earl Padgett, authorizing the operation of the subject animal waste
collection, treatment, storage and land application system in accordance with General Permit
AWG100000. This approval shall consist of the operation of this system including, but not limited to,
the management of animal waste from the Edward Padgett Farm, located in Pender County, with an
animal capacity of no greater than 2580 Feeder to Finish and the application to land as specified in the
Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC, you
are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase m waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request
shall be made within 30 days of notification by the Division.
13b
1617 Mail Service center, Raleigh, NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MR_ EDWARD PADGETT
PADGETT #1 FARM
P.O. BOX 478
WALLACE, NC 28466
Dear Mr. Padgett:
RECEIVED
OCT 16 Z000
State of North Carolina Y.
Department of Environme
and Natural Resources
RE: Request for Remission of Civil Penalty
Padgett #1 Farm
A?sAovA
NCDENR
NORThi CAF20l.ItVA DEPARTMENT OF
ENYIRQNMENi ANt] NFSLJRAL RE -SOURCES
October 4, 2000
CERTIFIED MAII.
RETURN RECEIPT REQUESTED
Farm #71-68
Pender County
File No. PC 00-038
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and did not find grounds to
modify the civil penalty assessment of S 1135.36.
There are two options available to you. You may pay the civil penalty assessment or you may
present your request for remission to the Committee on Civil Penalty Remissions of the
Environmental Management Commission. if you choose to pay the penalty, please make your check
payable to the Department of Environment and Natural Resources and reference the case number.
Send payment within 30 days of your receipt of this letter to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-�1617
Alailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier 452-01-01
An Equal Opportuurn-/,4j}-rrmatiti•e Action EmploYer
509c recl•cled / IO% post-cansunter paper
lrttp://Ir?o. etrr stare.nc. tts
Location:
5 12 N. Salisbury St.
Raleigh. NC 27699-1617

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. You
may present your request for remission to the committee and a representative from the Division of
Water Quality will present the case against remission. The Committee on Civil Penalty Remissions
will render a final and binding decision in accordance with NCGS 14313-282. 1 (c).
If you would Iike to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Joe Albiston at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on December 14, 2000. If you are unable to attend on
this date, your request will be scheduled for a meeting at a future date.
Thank you for your attention to this matter. If you would like a receipt that your check or
request for remission was received, please send it via certified mail. Please feel free to contact Joe
Aibiston at [phone], extension 591, if you have any questions.
Sincerely,
Kerr T. Stevens
cc: LRick-Shivve WIRO Regional Supervisor
Dean Hunkele, WIRO Region
File # PC 00-038
Central Files
,Mailing Address: Telephone (919) "3-5083
I617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunin•/Afftrmarive Acrion Employer
50% recycled / ]O% post-cortszuner paper
hup.11h2o. enr.stare. nc. its
Location:
512 N. Salisbury St -
Raleigh, NC 27699-1617

State of North Carolina ---
IRECE D &?W'A
Department of Environment 00
and Natural Resources �r
JUL l� Il.
Division of Water Quality
James B. Hunt, Jr., Governor JBY-. Uk
CDENR
Bill Holman, Secretary
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo N/TURAL RESOURCES
MR. EDWARD PADGETT
PADGETT #1 FARM
P. O. BOX 478
WALLACE, NC 28466
Dear Mr. Padgett:
June 29, 2000
CERTIFIED MAIL ..
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
General Permit Violations
Padgett #1 Farm
Farm #71-68
Pender County
File No. PC 00-038
This Ietter transmits notice of a civil penalty assessed against the Padgett #1 Farm in the
amount of $1135.36 including $135-36 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 provided by the
Secretary of the Department of Environment and Natural Resources. 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 and Natural Resources (do not include waiver farm).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s)-
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affrmative Action Employer
50% recycled / 10% post -consumer paper
http: //h2o. enr.stare. tic. us

Please submit payment to the attention of:
Mr. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Iegal 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. I (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. Joe Albiston
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty 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 Mr. Joe Albiston at [phone], ext. 581 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments -
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALITIES AGAINST
PERMIT NO.
Having been assessed civil penalties totaling
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO:
for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
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 , 2
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF PENDER
File No. PC 00-038
IN THE MATTER OF )
EDWARD PADGETT )
FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF
PERMIT VIOLATIONS } CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Edward Padgett owns and operates the Padgett #1 Farm, a swine operation in
Pender County.
B. Edward Padgett was issued Certificate of Coverage AWS710068 under General
Permit AWG100000 for Padgett #1 Farm on September 3, 1999, effective
September 3, 1999, with an expiration date of April 30, 2003.
C. Condition No. V. 3. of the "General Conditions" of the General Permit states in
part that "The maximum waste level in lagoons/storage ponds shall not exceed
that specified in the Certified Animal Waste Management Plan (CAWMP). At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the 25-year, 24-hour storm event
plus an additional one (1) foot of structural freeboard."
D. The CAWMP for Padgett #1 Farm requires that the waste level in the lagoon does
not exceed twenty (20) inches.
E. Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the
General Permit requires that the permittee shall report by telephone to the
appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in
Condition V. 3. of the issued permit.

F. DWQ staff from the Wilmington Regional Office inspected Padgett #1 Farm on
February 17, 2000 and observed that the waste level of the lagoon was fourteen
(14) inches which exceeded the level specified in the CAWMP.
G. The Wilmington Regional Office had not received notification from Padgett #1
Farm that the waste level exceeded the level specified in the CAWMP.
H. The costs to the State of the enforcement procedures in this matter totaled
$135.36.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Edward Padgett is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. Edward Padgett violated Condition No. V. 3. of the General Permit by failing to
maintain the liquid level in the lagoon at the level specified in the CAWMP.
D. The above -cited failure to report by telephone to the appropriate Regional Office
as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required in Condition No. V. 3 violated Condition No.
IIl. 6. e. of the General Permit.
E. Edward Padgett may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2)
which provides that a civil penalty of not more than ten thousand dollars
($10,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Edward
Padgett pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of. the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Edward Padgett is hereby assessed a civil penalty of:
$ s for violating Condition No. V. 3. of the General Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ 'So o for violating Condition No. M. 6. e. of the General Permit by
failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24 hours
following first knowledge of the occurrence of failure to
maintain storage capacity in a lagoon/storage pond greater
than or equal to that required in Condition No. V. 3
$ \'00-0 TOTAL CIVIL PENALTY, which is -:SL percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 135.36 Enforcement costs
3 I. TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I 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 Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality