710072_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

W A rF,57Q Michael F. Easley, Governor
G William G_ Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
Q Coleen H. Sullen, Director
Division of Water Quality
August 21, 2007
Subject: Receipt of Payment From Donald Hall
Enforcements: PC-2006-0062, Farm #f71-31 & DV-2006-20, Farrn # 71-73
Pender County
This acknowledges receipt by the Division of Water Quality of payment of Ten Thousand Dollars
($10,000) from Mr. Donald Hall in exchange for full settlement of administrative penalties imposed
by Enforcements PC-2006-0062 and DV-2006-20.
AUG 2 1 2007
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Charles F. Stehman,, Ph.D., P.G.
Environmental Regional Supervisor II
Wilmington Regional Office
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North Carolina Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 29405-3845 Phone: [phone] Customer Service
Internet h2o.enr.state.nc us FAX [phone]
An Equal Opportunity/A$irmative Action Employer— 50% Rerydedl10% Post Consumer Paper

O�(-J 1i�A rF9OG Michael F. Fasley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
Q -C Coleen H. Sullens, Director
Division of Water Quality
August 21, 2007
Subject: Receipt of Payment From Donald Hall
Enforcements: PG2006-0062, Farm 971-31 & DV-2006-20, Farm # 71-73
Pender County
This acknowledges receipt by the Division of Water Quality of payment of Ten Thousand Dollars
($10,000) from Mr. Donald Hall in exchange for full settlement of administrative penalties imposed
by Enforcements PC-2006-0062 and DV-2006-20.
=-
Charles F. Stehman, Ph.D., P.G.
Environmental Regional Supervisor I1
Wilmington Regional Office
NN0MhCarolina
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North Carolina Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Posi Consumer Paper

DENR-OC3
0210112006 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
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May 16, 2007
CERTIFIED MAIL - #7006 2150 0003 5466 3839
RETURN RECEIPT REQUESTED
Mr. Donald Hall
Ponderosa -
4571 Highway 133
Rocky Point, NC 28457
SUBJECT: . Request for Remission of Civil Penalty
Ponderosa
Permit No. NCA271072 r .
Pender County
Case No. DV-2006-0020
Dear Mr. Hall:
Michael F. Easley, Governor
William G. Ross IT., Secretary
North Carolina Department of Environment and Natural Resources
r�
Alan W. Klimek, P.E. Director
Division of Water Quality
R.E C.EIV.EID
MAY 18 2007
In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the Department of
Environment and Natural Resources, I considered the information submitted in support of your
request for remission and hereby remit $1,000.00 of the civil penalty assessment. The revised
civil penalty is therefore $8,477.36 ($7,500.00 civil penalty plus $977.36 investigative costs).
There are two options available to you. You may choose to pay the reduced civil penalty
assessment or you may let the Environmental Management Commission's Committee on Civil
Penalty Remissions make the final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources, reference the case number on the check, and send it within
thirty (30) days of your receipt of this letter to the attention of.
Mr. Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
NorthCarolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
lntemet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Donald Hall
May 16, 2007 — -
Page 2
If•payment.is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the Division of Water Quality's recommendation for
the full amount of the original penalty will be delivered to the Committee on Civil Penalty
Remissions for final agency decision.
If you or your representative would like to speak before the Committee,_you must complete and
return the attached form within thirty(30) days of receipt of this letter. Send the completed form
to:
Mr. Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Dennis G. Lund at [phone].
Sincerely,
Alan W. Klimek, P.E.
AWK/dgl
Attachments
cc: Charles F. Stehman, Wilmington APS Regional Supervisor w/ attachments
John Farrell, WIRO w/ attachments
File #.DV 2006-0020 w/ attachments
APS Central Files w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF PENDER CASE NUMBER DV-2006-0020
IN THE MATTER OF ASSESSMENT } REQUEST FOR ORAL PRESENTATION
OF CIVIL PENALTIES AGAINST: }
DONALD HALL }
I hereby request the opportunity to make an oral presentation before the Environmental Management
Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In
making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission
and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
.remission request, and because no factual issues are in dispute, my presentation will be limited to
five minutes in length.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
( 1
TELEPHONE

& W ArER
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 16, 2007
CERTIFIED MAIL - #7006 2150 0003 5466 3839
RETURN RECEIPT REQUESTED
Mr. Donald Hall
Ponderosa
4571 Highway 133
Rocky Point, NC 28457
SUBJECT: Request for Remission of Civil Penalty
Ponderosa
Permit No. NCA271072
Pender County
Case No. DV-2006-0020
Dear Mr. Hall:
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
MAY 1 d 2007
In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the Department of
Environment and Natural Resources, I considered the information submitted in support of your
request for remission and hereby remit $1,000.00 of the civil penalty assessment. The revised
civil penalty is therefore $8,477.36 ($7,500.00 civil penalty plus $977.36 investigative costs).
There are two options available to you. You may choose to pay the reduced civil penalty
assessment or you may let the Environmental Management Commission's Committee on Civil
Penalty Remissions make the final decision on your remission request.
If you choose to pay the penalty, please make your check v#yable to the Department of
Environment and Natural Resources, reference the case number on the check, and send it within
thirty (30) days of your receipt of this letter to the attention of.
Mr. Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
NorthCarolina
North Carolina Division of Water Quality 1617 Mail Service Center Raicigh, NC 27699-1617 Phone [phone] Customer Service
Internet: wwrv.ncwatcrguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone] 623-6748
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Donald Hall
May 16, 2007 - - - -
Page 2
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the Division of Water Quality's recommendation for
the full amount of the original penalty will be delivered to the Committee on Civil Penalty
Remissions for final agency decision.
If you or your Mresentative would like to speak before the Committee, you must complete and
return the attached form within thirty (30)_days of receipt of this letter. Send the completed form
to:
Mr. Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Dennis G. Lund at [phone].
Sincerely,
00-4r, r��
Alan W. Klimek, P.E.
AWK/dgl
Attachments
cc: Charles F. Stehman, Wilmington APS Regional Supervisor w/ attachments
John Farnell, WIRO w/ attachments
File # DV-2006-0020 w/ attachments
APS Central Files w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF PENDER CASE NUMBER DV-2006-0020
IN THE MATTER OF ASSESSMENT ) REQUEST FOR ORAL PRESENTATION
OF CIVIL PENALTIES AGAINST: )
DONALD HALL }
I hereby request the opportunity to make an oral presentation before the Environmental Management
Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In
making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission
and may be either granted or denied.
+ Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
.remission request, and because no factual issues are in dispute, my presentation will be limited to
five minutes in length.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

wATF9Q
Michael F. Easley, Governor
��F
G
William G. Ross Jr., Secretary
\Q
Vj r
North Carolina Department of Environment and Natural Resources
0 ,C
Alan W. Klimek, P.E. Director
Division of Water Quality
February 28, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7006 2150 0003 5466 2115
Mr. Donald Hall
Ponderosa
4571 Highway 133
Rocky Point, NC 28457
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 71-0072
Pender County
File No. DV-2006-0020
Permit No. NCA271072
Dear Mr. Hall:
MAR G 5 ZV
This letter transmits notice of a civil penalty assessed against Donald Hall in the amount of $9,477.36
which includes $977.36 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 and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Nam` Carolina
Ntura!!y
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: h=://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal opportunity/Aiiirn ative Action Employer— 50% Recycled/10% Post Consumer Paper

Donald Hall
Page 2
February 28, 2007
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282, 1 (b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received

Donald Hall
Page 3
February 28, 2007
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attomey General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Dennis G. Lund at [phone].
Sincerely,
eodore L. Bush, Jr.; Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Charles F. Stehman, Wilmington APS Regional Supervisor w/ attachments
John Farrell, WIRO w/ attachments
File # DV-2006-0020 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachments

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF PENDER
File No. DV-2006-0020
IN THE MATTER OF )
DONALD HALL )
FOR VIOLATIONS OF SWINE WASTE ) FINDINGS AND DECISION
NPDES PERMIT NCA200000 ) AND ASSESSMENT OF
PURSUANT TO NORTH CAROLINA ) CIVIL PENALTIES
GENERAL STATUE 143-215.1 )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water (DWQ),
make the following:
I. FINDINGS OF FACT:
A. Mr. Donald Hall owns and operates the Ponderosa Farm, a swine animal operation
located southwest of Burgaw, North Carolina on the north side of SR 1401 in
Pender County.
B. Mr. Donald Hall was issued Certificate of Coverage NCA271072 under Swine
Waste Management System General NPDES Permit NCA200000 for the
Ponderosa Farm on April 9, 2003, effective April 9, 2003, with an expiration date
of July 1, 2007 for the operation of a swine waste collection, treatment, storage
and application system.
C. On November 7, 2006, D`'VQ staff observed a discharge of animal wastes from
the spray field at Ponderosa Farm into an unnamed tributary to Mill Creek. Mill
Creek is classified as Class C Sw waters of the State within the Cape Fear River
Basin.
D. Mr. Donald Hall had no valid permit for the above -described activity.
E. Condition No. II. 4 of the NPDES Permit NCA200000, which states, "Land
application rates shall be accordance with the CAWMP. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop.
In no case shall land application rates result in excessive ponding or any runoff
during any given application event."

F. On November 7, 2006, DWQ staff observed excessive animal waste ponding in
several areas of the spray field and within an old abandoned field ditch.
G. Condition No. V. 3 of the NPDES Permit NCA200000 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..."
H. Based on the 25-year, 24-hour storm event of seven and one half (7.5) inches, and
one (1) foot of required. structural freeboard, the waste level for adequate storage
in the lagoon for Ponderosa Farm is nineteen and one half (19,5) inches.
I. On November 7, 2006, DWQ staff observed the lagoon level at Ponderosa Farm
to be eighteen (18) inches.
J. Condition No. III. 11. f of the NPDES Permit NCA200000 states in part that "The
permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events: Over applying waste
either in excess of the limits set out in the CAWMP or where runoff enters surface
waters or wetlands."
K. The Wilmington Regional Office had not received notification from Mr. Donald
Hall of the excessive ponding or discharge events within the twenty-four (24)
hours of the occurrence.
L. The costs to the State of the enforcement procedures in this matter totaled
$977.36.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Mr. Donald Hall is a "person" within the meaning of G.S. 143-215:6A pursuant to
G.S. 143-212(4).
B. The unnamed tributary to Mill Creek constitute waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.

D. Mr. Donald Hall may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who is
required, but fails to apply for or to secure a permit required by G.S. 143-215.
E. Mr. Donald Hall violated Condition No. II. 4 of the NPDES Permit by applying
animal waste at a rate resulting in excessive ponding and runoff.
F. Mr. Donald Hall violated Condition No. V. 3 of the NPDES Permit by failing to
maintain the liquid level in the lagoon as specified in the CAWMP.
G. Mr. Donald Hall violated Condition No. III. 11. f of the NPDES Permit by failing
to report by telephone to the appropriate Regional Office as soon as possible, but
in no case more than twenty-four (24) hours following first knowledge of the
occurrence of over applying waste either in excess of the limits set out in the
CAWMP or where runoff enters surface waters or wetlands.
H. Mr. Donald Hall may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) 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.
I. The State's enforcement costs in this matter may be assessed against Mr. Donald
Hall pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
J. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 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:
Accordingly, Mr. Donald Hall is hereby assessed a civil penalty of:
$ p for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
o�
for violating Condition II. 4 of the NPDES Permit by
failing to apply at rates not to cause excessive ponding or
runoff during an application event specified in the
CAWMP

O �
$ o O 8 for violating Condition No. V 3. of the NPDES Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ O p for violating Condition No. III. 11. f of the NPDES Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than twenty-
four (24) hours following first knowledge of the occurrence
of over applying waste either in excess of the limits set out
in the CAWMP or where runoff enters surface waters or
wetlands
� c7
$ 5Q D TOTAL CIVIL PENALTY
$ 977.36 Enforcement costs
$ & 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)
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
DONALD HALL ) STIPULATION OF FACTS
FILE NO. DV-2006-0020
Having been assessed civil penalties totaling • $9,477.36 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated February 28, 2007 , 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.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of _ _ , 2007
ADDRESS
TELEPHONE
SIGNATURE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2006-0020 County: Pender
Assessed Party: Donald Hall
Permit No. (if applicable): NCA271072 Amount Assessed: $9,477.36
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver o Ri ht to an Administrative Hearing, and Sti ulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment _factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civilpenalties for anyprevious violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

Violator:
Contact Person:
Address:
Facility It:
Receiving Stream:
Classification:
Regional Office:
DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Donald Hall
Donald Hall
4571 NC Hwy 133, Rocky Point, NC 28457
71-72
Unnamed Tributary to Mill Creek
Mill Creek is listed as Class C Sw Waters of the State
Wilmington
Inspector: John Farnell, Chester Cobb
Report Prepared By: John Farnell G
Case Narrative:
On November 7, 2006, Mr. John Farnell along with Mr. John College and Mr. Will Burke from
the Division of Soil and Water Conservation inspected Hall Farm 1 & 2 because of a received
call from Pender County Soil and Water District of high lagoon levels. Upon inspection, lagoon
#1 (front) was observed to be at thirteen (13) inches and lagoon #2 (back) was observed to be at
eight (8) inches. After Hall Farm 1 & 2 had been inspected, it was decided that the other farm,
Ponderosa, owned by Mr. Hall should be inspected also.
Upon entry into Ponderosa, ponded animal waste was observed next to farm path. Animal waste
was also observed ponded in several other areas within the sprayfield (photo 1 — 4) and within an
old abandoned field ditch (photo 5 — 6). As the inspection continued, animal waste was observed
discharging from the sprayfield via a ditch (photo 7) located in the woods to backside of the
sprayfield and by the farm path (photo 10). Both discharge areas drained into the roadside ditch
of SR1401 and emptied into unnamed tributaries to Mill Creek. (photo 8, 9, and 11). The waste
discharge was observed prior to the heaviest rainfall that day. Mr. Chester Cobb arrived later to
help take the water samples. After the samples had been taken and about two (2) inches of rain,
animal waste was observed flowing over SR1401 and going into the roadside ditch that emptied
into an unnamed tributary to Mill Creek (photo 12 — 13). In Figure 1, the location of where the
samples for nutrients and fecal where taken at the farm site. The lagoon level was found to be
eighteen (18) inches.
The Wilmington Regional Office was not notified of the excessive ponding or discharge events
within the twenty-four (24) hours of the occurrence. The waste discharge was estimated to be
greater than one thousand (1,000) gallons.

Farm and/or Company Compliance History: Include a coly of CAFO Designation ion letters,
previous NOV's; NOD's previous civil assessments, etc.
August 6, 1996 Management Deficiency Notification issued for inadequate cover
crop.
March 23, 1999 Notice of Deficiency issued for no records available except spray
irrigation records.
April 6, 2000 Notice of Violation issued for insufficient freeboard.
August 13, 2003 Notice of Deficiency issued for insufficient self -reported
freeboard.
February 4, 2005 Notice of Violation issued for failure to secure wettable acres,
inadequate freeboard and notification of inadequate freeboard.
Amount of Waste Discharge if applicable). If amount cannot be estimated what is the
rate of flow reaching surface water.
The waste discharge into the unnamed tributaries to Mill Creek was estimated to be greater than
one thousand (1000) gallons.
Sample Results (If applicable) with locations of samples taken noted in relation to the
discharge point:
The samples were pulled November 7, 2006.
Sample
DS 1
DS2
DS3
FP2
FP
US I
Lab ID
21650
21651
21652
21653
21654
21655
NH3-N mg/L
21.5
19.7
4.8
64.9
27.7
3.36
NO3+NO2-N mg/L
14.9
2.95
4.16
10.6
27.9
<0.02
TKN rng/L
43.5
20.2
6.4
93.9
47.0
4.6
P mg/L
9.71
5.88
4.73
20.5
29.3
0.41
Fecal Coli£orm
Colonies/100 mL
>60000
>6000
>6000
>60000
>60000
>6000
Photo 9
Photo 10
Photo 11
Photo 5
Photo 1

Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance:
Mr. Donald Hall failed to notify the Wilmington Regional Office of the excessive waste ponding
and the discharge of animal waste to waters of the State in the appropriate time.
Fish kill observed? YIN If yes, include report from WRC:
No fish kill was observed.
Mitigating Circumstances:
No mitigating circumstances.
Recommendation:
The Wilmington Regional Office is recommending assessment of civil penalties to the Director
of the Division of Water Quality pursuant to G.S. 143-215.6A.
Assessment Factors required to be considered by G.S. 143B-282.1 b :
1. The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from violation:
Not documented.
2. The duration and gravity of the violation:
The ponding is thought to have occurred from the previous days' application. This led to
a discharge to waters of the State. The gravity is that this is a serious violation as a
discharge can lead to polluting the waters of the State:
3. The effect on ground or surface water quantity or quality or on air quality:
Not measured.
4. The cost of rectifying the damage:
Unknown.
5. The amount of money saved by noncompliance:
The amount of money saved by noncompliance may be that amount of money that it
would cost to ensure that staff are properly trained and the cost to ensure that there is a
sufficient amount of staff to perform sufficient monitoring of the application activities to
ensure that runoff and discharge of animal waste into the waters of the State does not
occur. This amount of money is unknown.
6. Whether the violation was committed willfully or intentionally:
The appropriate Division Regional Office was. not notified of the excessive ponding or of
the discharge to waters of the State within twenty-four (24) hours of the occurrence.

7.
The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority:
A Management Deficiency Notification dated August 6, 1996, was issued for inadequate
cover crop.
A Notice of Deficiency dated March 23, 1999, was issued for no records available except
spray irrigation records.
A Notice of Violation dated April 6, 2000, was issued for insufficient freeboard.
A Notice of Deficiency dated August 13, 2003, was issued for insufficient self reported
freeboard.
A Notice of Violation dated February 4, 2005, was issued for failure to secure wettable
acres, inadequate freeboard and notification of high freeboard.
8. The cost to the State of the enforcement procedures:
The State's enforcement costs totaled $977.36, as follows:
Staff, 8 hours @ $22.10/hour $ 176.80
Samples 6 Nutrients @ $105.00/sample $ 630.00
Mileage 196 miles @ $0.36/mile $ 70.56
Administrative Costs 1$ 00.00
Total $ 977.36

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co 7
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
MEMORANDUM
Alan W. Klimek, P.E. Director
Division of Water Quality
TO: Todd Bennett, Environmental Engineer III
Animal Feeding Operations Permitting and Compliance Unit
FROM: John Farnell, Environmental Engineer I �}
Wilmington Regional Office
THROUGH: Charles F. Stehman, Regional Environmental Supervisor li (27c)
Wilmington Regional Office
SUBJECT: Enforcement Report
Donald Hall
Ponderosa Farm
Facility Number: 71-72
Pender County
DATE: January 8, 2007
Please find attached the subject enforcement report, which concludes that Donald Hall:
1. Violated North Carolina General Statute 143-215.1 by discharging animal waste into the
waters of the State without a permit.
2. Violated Condition No. 11. 4 of the NPDES Permit by failing to apply animal waste at
rates not to cause excessive ponding or runoff.
3. Violated Condition No. V. 3 of the NPDES Permit by failing to maintain the liquid level in
the lagoon at the level specified in the CAWMP.
4. Violated Condition No. III. 11.f of the NPDES Permit by failing to report by telephone to
the appropriate Regional Office as soon as possible, but in no case more than twenty-
four (24) hours following first knowledge of the occurrence of over applying waste either
in excess of the limits set out in the CAWMP or where runoff enters surface waters or
wetlands.
No Carolina
Natira!!y
North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext, Phone [phone] Customer Service
Internet: www.ncwaterquality-org Wilmington, NC 28405 Fax [phone]
An Equal OpportunitylAffirrnative Action Employer— 50% Recycled110°% Posl Consumer Paper

Memorandum to Todd Bennett
Donald Hall Enforcement Case
Page 2 of 2
January 8, 2007
On November 7, 2006, Mr. John Farnell inspected the Ponderosa Farm. Upon inspection,
animal waste was observed to be discharging from the farm. A Notice of Violation and
Recommendation for Enforcement (Case # NOV-2006-DV-0066) was issued on November 14,
2006 for the observed violations.
It is recommended that appropriate civil penalties be assessed in accordance with G.S. 143-
215.6A(a)(2). It is also recommended that all of the enforcement costs incurred in the'
investigation be recovered in the amount of $977.36 pursuant to G.S. 143-215.3(a)(9) and
G.S. 1438-282.1(b)(8).
If you have any questions, please contact me at 910-796-7388.
Attachments
CC' Wilmington Regional Office (Entire Enforcement Package)
S:1WWANIMALSIPender12006171-72171-72 Memo

STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF
DONALD HALL
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV-2006-0020
}
} FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water (DWQ),
make the following:
I. FINDINGS OF.FACT:
A. Mr. Donald Hall owns and operates the Ponderosa Farm, a swine animal operation
located southwest of Burgaw, North Carolina on the north side of SR 1401 in
Pender County.
B. Mr. Donald Hall was issued Certificate of Coverage NCA271072 under Swine
Waste Management System General NPDES Permit NCA200000 for the
Ponderosa Farm on April 9, 2003, effective April 9, 2003, with an expiration date
of April July 1, 2007 for the operation of a swine waste collection, treatment,
storage and application system.
C. On November 7, 2006, DWQ staff observed a discharge of animal waste from the
sprayheld at Ponderosa Farm into unnamed tributaries to Mill Creek. Mill Creek
is classified as Class C Sw waters of the State within the Cape Fear River Basin.
D. Mr. Donald Hall had no valid pennit for the above -described activity.
E. Condition No. I1. 4 of the NPDES Permit NCA200000, which states, "Land
application rates shall be accordance with the CAWMP.. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop.
In no case shall land application rates result in excessive ponding or any runoff
during any given application event."

F. On November 7, 2006, DWQ staff observed excessive animal waste ponding in
several areas of the sprayfield and within an old abandoned field ditch.
G. Condition No. V. 3 of the NPDES Permit NCA200000 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..."
H. Based on the 25-year, 24-hour storm event of seven and one half (7.5) inches, and
one (1) foot of required structural freeboard, the waste level for adequate storage
in the lagoon for Ponderosa Farm is nineteen and one half (19.5) inches.
On November 7, 2006, DWQ staff observed the lagoon level at Ponderosa Farm
to be eighteen (18) inches.
J. Condition No. III. 11, f of the NPDES Permit NCA200000 states in part that "The
permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events: Over applying waste
either in excess of the limits set out in the CAWMP or where runoff enters surface
waters or wetlands."
K. The Wilmington Regional Office had not received notification from Mr. Donald
Hall of the excessive ponding or discharge events within the twenty-four (24) .
hours of the occurrence.
L. The costs to the State of the enforcement procedures in this matter totaled
$977.36.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Donald Hall is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The unnamed tributaries to Mill Creek constitute waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.

D. Mr. Donald Hall may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who is
required, but fails to apply for or to secure a permit required by G.S. 143-215.
E. Mr. Donald Hall violated Condition No. I1. 4 of the NPDES Permit by applying
animal waste at a rate resulting in excessive ponding and runoff.
F. Mr. Donald Hall violated Condition No. V. 3 of the NPDES Permit by failing to
maintain the liquid level in the lagoon as specified in the CAWMP.
G. Mr. Donald Hall violated Condition No. III. 11. f of the NPDES Permit by failing
to report by telephone to the appropriate Regional Office as soon as possible, but
in no case more than twenty-four (24) hours following first knowledge of the
occurrence of over applying waste either in excess of the limits set out in the
CAWMP or where runoff enters surface waters or wetlands.
H. Mr. Donald Hall may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) 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.
I. The State's enforcement costs in this matter may be assessed against Mr. Donald
Hall pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
J. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary'of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, 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:
Accordingly, Mr. Donald Hall is hereby assessed a civil penalty of:
$ for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ for violating Condition II. 4 of the NPDES' Permit by
failing to apply at rates not to cause excessive ponding or
runoff during an application event specified in the
CAWMP

$ for violating Condition No. V 3. of the NPDES Permit by
failing to maintain the liquid level in the lagoon at the level
specified in the CAWMP
$ for violating Condition No. III. 11. f of the NPDES Permit
by failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than twenty-
four (24) hours following first knowledge of the occurrence
of over applying waste either in excess of the limits set out
in the CAWMP or where runoff enters surface waters or
wetlands
S
Enforcement costs
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 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) Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

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