760003_ENFORCEMENT_20171231

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 17, 2010
Dee Freeman
Secretary
RECFIVED
N.C. Dept. of ENR
Mr. Philip Faucette + SUN 2 20t
Apple Field Farm Q
7725 Friendshi Church Rd. •saiem
p RFEegionaeglvnel office
Brown's Summit, NC 27214
RE: Acknowledgment of Receipt of Payment
Case No. PC-2010-0027
Farm # 76-0003
Randolph County
Dear Philip Faucette.
This letter is to acknowledge receipt of your check No. 3696 in the amount of S 1,732.80 on
June 14. 2010. This payment satisfies in full the civil assessment in the amount of S1.732.80 levied
against Philip Faucette and the case has been closed. If you have any questions, please call me at
[phone],
Sincerely,
Keith Larick
Animal Feeding Operations Unit
cc: Winston-Salem Regional Office
File # PC-2010-0027
APS Central Files
AQUIFER PROTECTION SECTION
1636 Mail Service"Center, Raleigh, North Carolina 27699.1636
Locavorn: 2 72 8 Capital Boulevard. Raleigh. NWn CaroIna 27604
?hone: 919-733-3221 1 FAX 1: 919.715-0588 FAX 2: 919.715-60461 Customer Service: 1-B77$23.6748
lntemet: www.ncwaterouality-oro
One
N orth Caroh na
An ;;-is 5 A4fi.m vw Armn Fmrnnvw

F
HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor director
May 27, 2010
CERTIFIED MAIL - 97002 2410 0003 0274 3968
RETURN RECEIPT REQUESTED
Phillip Faucette
Applefield Farm
7725 Friendship Rd.
Browns Summit. NC 27214
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm 4 76-0003
Randolph County
File No. PC-2010-0027
Permit No. AWS760003
Dvar Phillip Faucette:
Dee Freeman
Secretary
RECEWEE)
N.C. ❑OM of EHR
Winston-Salem
Regiongi Office
'['his letter transmits notice of a civil penalty assessed against Phillip Faucette in the amount of
S 1,732.80. which includes 5232.80 in investigative costs. Attached is a copy of the assessment
doc:umcnt cxplaming this pCrIaIty,
'Phis 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 GVater Quality. Arty
continuing violation(s) may be the subject of a new enforcement action. including an additional penalty.
Withiri thirty days of receipt of this notice, you must do one of the fol lowing 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,
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PROTECTIM SZECTION
1636 Ma Service Center, RalegIn, North Carolina 27699-1636
Location: 2728 Caprtal Bou�evard, Raleigh, North Carolina 27604
Phone: [phone] FAX 1; 919-715-0588 FAX 2: 919.715.60481 Customer Service: 1.877-623-6748
Internet: www.nmaterqua14.ora
One
North Care) l l I141
�'Vatianl4i
I FM iai rinnAf iMIN 1 Aff rm arruo Ar rinn PmNf Vcr

kk
Page 2
Phillir Fa¢cme
Mai 27. 2010
2. Submit a ►►•riiten request for remission including a detailed justification for sue 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 reasonabicness 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 roust 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 disputc. Please
prepare a detailed statement that establishes kN°hv 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- tite remaining necessary remedial
actions.
]'lease note that all evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of N ater Qualitv 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 eery important that you prepare a complete and thorough statement ill 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 blearing, 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:
Keith Larick
❑ivision of Water Quality
1636 Maii Service Center
Raleigh. NC 2 76 99-163 6
KW
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
if you wish to contest arty 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 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

Pale 3
Phillip Faucette
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
HearinL,s 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:
Keith Larick
Division of Water Quality
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 Attorney
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 Keith Larick at (9191 715-6697.
Sincerely,
Theodore L. Bush. Jr.. Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
ec:cSherri-Knight:.,Winston:Salem-AP-S-Regional-Supervisor-_w.l attachments
File # PC-2010-0027 wl attachments µ
APS Central Files wl attachments

STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF
PHILLIP FAUCETTE
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. IIC-2010-0027
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Em,ironment
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 Quality (DWQ) make the
following:
I. FINDINGS OF FACT
A. Phillip Faucette o«,ns Applefield Farm, a permitted s■vine animal feeding operation in
Randolph County.
B. Phillip Faucette was issued Certificate of Coverage Av\'S760003 under Swine Waste
Management System General Permit AWG100000 for the Applefield Farm on October 1,
2009 effective upon issuance. «,itli an expiration date of September 30, 2014.
C. Condition No. V.2, of the General Permit AWG100000 states that "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the facility's Certified
Animal Waste Management Plan (CAWMP)".
D. The CAWMP for Applefield Farm requires that the waste level in the upper lagoon not
exceed the maximum liquid level of twenty-two (27) inches below the top of the lagoon wall.
The waste level in the lower lagoon is not to exceed the maximum liquid level of nineteen
(19) inches below the top of the lagoon wall.
E. Condition No. II1.13.c. ❑f the General Permit AMIG 100000 requires that the perm ittee 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. 2. of
the issued permit.

F. Ott March 15, 2010, the Division of Water Quality conducted an annual inspection and
discovered that the records for waste levels in the lagoons showed elevated freeboard
conditions since December 23. 2009,
G. On March 15, 2010 DWQ staff observed a freeboard level of twenty (20) inches in the upper
lagoon and fifteen (15) inches in the lower lagoon, both of which exceeded the levels
specified in the facility's CAWMP.
H. The W' inston-Salem Regional Office had not received notification from Applefield Fann that
the waste level exceeded the level specified in the CAWMP.
DWQ responded by issuing the facility a Notice of Intent to Enforce on April 5, 2010 and
delivered to Mr. Faucette on April 13. 2010.
J. The cost to the State of the enforcement procedures in this matter totaled S232.80.
Based upon the above Findings of Facts. I make the following:
II. CONCLUSION'S OF LAW:
A. Phillip Faucette 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 ,vaste management system is required by G. S. 143-215.1.
C. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the
CAWMP violated Condition No. V. 2. of the General Permit AWG100000.
D. The above -cited failure to provide notification to the regional office violated Condition No.
III.13.c. of the General Permit AWG100000.
E. Phillip Faucette may be assessed civil penalties in this matter pursuant to G. S. 143-
215.6A(a)(2), which provides that a civil penalty of not more that twenty-five thousand
dollars (S25.000.00) per violation may be assessed against a person who is required but fails
to act in accordance with 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 Phillip Faucette
pursuant to G. S. 143-215.3(a)(9) and G. S. 143I3-282.1(b)(8).
G. 'I'he 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 Facts and Conclusions of Law, I make the following:
IIl. DECISION:
Accordingly, Phillip Faucette is hereby assessed a civil penalty of:
For violating Condition No. V?. of the General Permit
A W G 100000 for failure to maintain adequate freeboard in
both lagoons.
S 5- 0 6
_ n�a
S +
S ?33.80
5
3--2
For violating Condition It1.13.c. ❑f the General Permit
AWG 100000 for 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.
TOTAL CIVIL PENALTY
ENFORCEMENT COSTS
TOTAL AMOUNT DUE
As required by G. S. 143-? 15.6A(c) in determining; the amount of the penalty I have considered
the factors listed in G. S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3} The effect on &7ound or surface quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional:
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
&,�' X:i
(Dat ] Theodore L. Bush, Jr. Chie
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF RANDOLPH
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST 1 ADMINISTRATIVE HEARING AND
PHILLIP FAUCETTE } STIPULATION OF FACTS
FILE NO. PC-2010-0027
Having been assessed civil penalties totaling $ 1.732.80 for violations) as set forth in the
assessment document of the Director of the Division of Water Quality dated May 27, 2010, 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 _ 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REO VEST
DWQ Case Number: PC-2010-0027 County. Randolph
Assessed Party: Phillip Faucette
Permit No. (if applicable): AWS760003 Amount Assessed: $ I.732.80
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Ri-ght to an Administrative Hearin -and Stipulation 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 he 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 on]-,.- 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. 14313-282.1(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 ahatec_continuinpenvironmental 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 Gould not prevent or prepare fiat);
(d) the violator had not been assessed civil penalties for any previous violations:
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain hour pavnieiv of the civil penaltiy -will prevent you f om pet. -forming
the activities necessai-v to achieve compliance).
EXPLANATION:

L9
DEPARTMENTOP E.NVIR()NIENT AND NATURAL RESOURCE'S
1)1VIS10N 0F NVA`l'I;R QUA1,I.1'Y
May 10, 2010
MEMORANDUM:
To: Keith Larick
From: Sherri Knight
Melissa Rosebrock
Subject: Recommendation for Civil Penalty
Case 9 PC-2010-0027
Applefield Farm, A%VS760003
Randolph County
On NI arch 15, 2010 staff ❑f the Winston -Salern Reg ionai Office ❑1vislon of Water
Quality (WSRO-DWQ) visited Applefield Farm to perfbrm an announced Compliance
Inspection. During the course of NIs. Rosebrock's inspection, it was discovered that the waste
level in both lagoons were, and had been out of compliance since December 23, 2009. Our Files
indicate that no once associated with Applefield Farm contacted DWQ, per the permit, to report
the waste level violations.
Please find attached, therefore, documents supporting the Winston-Salem Regional
Office's request for a civil penalty assessment against Phillip Faucette, owner of Applefield
Farm, for one count of failing to maintain adequate waste storage and one count of failing to
notify the Regional Office, We request that you initiate appropriate action from your office and
forward the attached package to the Aquifer Protection Section Chief. The fallowing items are
being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Pena It1es."
B) A completed "Water Quality Enforcement Case Assessment factors."
C) Most recent correspondence between violator and DWQ, including a copy of the
"NOWN10I letter" and response submitted by Mr. Faucette.
Please contact Melissa Rosebrock in our office at [phone] for any additional
information you may need.
Attachments
cc: Winston-Salem Regional Office Facility Files
APS Central Files

Findings and Decisions
and
Assessment of Civil Penalties
Attachment A

STATE OF NORTH CAROLINA
COUNTY OF IZANDOL1114
IN 'I FIE. MATTER OF
APPLEFIELD FARM
FOR VIOLATIONS OF SWINE WASTE
MANAGENII"'NT SYSTEM
GENERAL 11ERiVII`I` AWG 100000
PURSUANT fO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AN 1)
NATURAL R] SOURCES
File No. PC-2010-0027
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 Quality (DWQ) make the
following,:
1. FINDINGS OF FACT
A. Phillip Faucette owned Applefield Farm on March 15, 2010, a permitted swine animal
feeding operation in Randolph County,
B. Phillip Faucette was issued Certificate of Coverage AWS820293 tinder Swine Waste
Nlanagcinent System Genera] Permit A WG 100000 for the Applefield Farm on October 1,
2009 effective upon issuance, with an expiration date of September 30, 2014.
C. Condition No. V.2, of the General Permit AWG 100000 states that "The maximum waste
level in lagoons/storage poiids shall not exceed that specified i11 the facility's Certified
Animal Waste Management Plan (CAWMI')".
D. The CAWNI1' for Applefield farm requires that the waste level in the upper lagoon not
exceed the maximum liquid level of twenty-two (22) inches below the top of the lagoon wall.
The waste level in the lower lagoon is not to exceed the maximum liquid level of nineteen
(19) inclies below the top of the lagoon wall.
E. Condition No. III. 13. c, of the GencraI Permit AWG100000 requires that the perm 1ttee 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. 2. of'
the issued permit.
F. On March I5, 2010, the Division ❑f Water Quality conducted an annual inspection and
discovered that the records for waste levels in the lagoons showed elevated freeboard
conditions since ❑ecember 23, 2009,
G. On March 15, 2010 ❑WQ staff observed twenty (20) inches in the upper lagoon and fifteen
(15) inches in the [ewer lagoon, both of'which exceeded the levels specified in the facility's
CAGVIiMl
Ff. The Winston-Salem Regional Office had not received notification from Applefield Farm that
the waste level exceeded the level specified in the CAWMP.
I. DWQ responded by issuing the facility a Notice of Intent to Enforce oil April 5, 2010 and
delivered to iVlr. Faucette on April 13, 2010.
J. The cost to the State o F [lie cnforcemcnt procedures in this matter totaled $232.80.
13ased upon the above bindings of Facts, I mare the following:
11. CONCLUSIONS OF LAW:
A. Phillip Faucette is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-
212(4).
13. A permit for an animal waste management system is required by G. S. 143-215.1.
C. The above -cited failure to maintains the licluid level in the lagoon at the level specified in the
CAWMII violated Condition No. V . 2. of the General Permit AWG 100000.
D. The above -cited failure to provide notification to the regional office violated Condition No.
[11.13.c.. of the General Permit AWG 100000.
E. Phillip Faucette may be assessed civil penalties in this matter pursuant to G. S. 143-
215.6A(a)(2), which provides that a civil penalty of not more that twenty-five thousand
dollars (S25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance Nvith terins, conditions. or requirements of a permit required by G. S.
143-215.1.
17. The State's enforcement costs in this matter may be assessed against Phillip Faucette
pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).

G. 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 Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Phillip Faucette owner of Applefield Farm at the tins of the noncompliance
is hereby assessed a civil penalty of;
$ For violating Condition No. N1.2. of the General Permit
A WG 100000 for failure to maintain adequate freeboard isi
both lagoons.
$ For violating Condition II1.13.c. of the General Permit
AWG100000 for failing to report by telephone to the
appropriate Regional Office as soon as possible, but in no
case more than 24 ]lours 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. 2.
$ TOTA1, CIV1L PENAL,rY
$ 232.90 ENFORCEMENTCOST S
Is 'I'OTAI. A110tjN,r DUE
As required by G. S. 143-215.6A(c) in determining the amount of the penalty 1 have considered
the factors Iisted in G. S. 143) 11-2 82. 1 (b), which are:
(1) The degree and extent of harm to the natural resources ofthe 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 quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money sage by noncompliance;
(6) Whether the violation was committed willfully or intentional;

(7) The prior record of'the violator in complying or failing to comply with programs over which
the Environmental ,iManagement Commission has regulatory authority;
(8) The cost to the State oi'the enforcement procedures,
(Bate) 'Theodore L. Bush, Jr. Chief
Aquifer Protection Section
I7ivision of Watcr Ouality

Assessment Factors
Attachment B

DIVISION OF WATER QUALITY
CIV11, PE NALTYASSF.SSMENT FACTORS
Violator: Phillip Faucette — A a }lereld Farrn Count►': Randolph
Case itNumber: PC-2010-0027 Permit Nil mber: ANVG 1000001 AWS760003
ASSESSII'1E,NT FACTORS
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;
None, that wc :are aware.
2) The duration and gravity of the violation;
AIIIInal waste records document that the waste level for BOTH lagoons was out afcompIiance from
December 23, 2009 until March 29, 2010, While the waste levels in several other Iagoonslwaste ponds in
the WSRID area were also out of compliance this year due to unusuaI weather conditions, this farm was
the on IN, permitted operation that had two structures that were above the maximum liquid Inark for more
than a few days or weeks.
'this case is of pal-ticular conccrn since Deep River (class C) is w I(IiIn 1000 and 400 feet. (straight line) of
the upper and lower lagoons, respectively.
3) The effect on ground or surface ►►'ater• gtr:antity or quality or oil air quality;
None, that we rare aware.
4) The cost of rectifying the damage;
None.
5) The amount of money saved by noncompliance;
NaIIC.
6) Whetber the violation was committed willfully ❑r intentionally;
'I'll is office believes the "failure to report" violations to have been cormliitted willfully and intentionally.
CLIr files docurent that Applefield Farm was previously reminded during a July 2009 Compliance
inspection to ratify DWQ when the waste level is over the max iIIIWn Iiquld level. Apple Fie Id Farm s
fidilLire to calI 090itt later in 11te same year was not, therefore, a `'misunderstanding" as Mr. Faucette
contends.
NIr. Vincent Jessup, farm manager fo I- A pp left e I d Farm, also stated during the Niarch 2010 inspection
that he had notified Mr. Faucette several times that Ile needed to call DWQ since the waste level was
"over the mark." It IS 0LIF hope, that a civil penalty asscssirienI will encourage ApplefieId Marna to develop
Inure effective waste proUe(fure.s in the future.
7) The prior record of the violator in coutplring or failing to comply with programs over which the
Environmental (Management Commission has regulatory authority; and
Novelrtber 2000 -NOV for failure to maintain required records.
8) The cost to the State of [lie enforcement procedures.
$232.80.
Date
Supervisor Name

r �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 5, 2010
CERTIFIED MAIL 7008 3230 0003 2547 0022
RETURN RECEIPT REQUESTED
Mr. Philip Faucette
Applefield Farm-
7725 Friendship Road
Browns Summit, NC 27214
SUBJECT: Notice of Violation 1 Notice of Intent to Enforce
Case Number: NOV-2010-PC-0267 High Waste Level and Failure to Notify
Facility 76-03, Permit Number AWS760003
Randolph County
Dear Mr. Faucette;
Dee Freeman
Secretary
As you recall, a Compliance Inspection was performed at Applefield Farm by Division of Water Quality staff on
March 15, 2010, A "final° copy of the inspection report is attached for your review. At the time of the Inspection, the waste
level in both the upper and the lower lagoons was above the "maximum" designated on each of the lagoon's markers.
Animal waste management records document that the waste level for both lagoons has been out of compliance since
December 23, 2000. Failure to maintain adequate waste storage is a violation of Section V. 42 of the Swine Waste
Management System General Permit.
Section Ili #13 of the permit also states 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.. -failure to maintain storage capacity in a lagoonlstorage pond greater than or equal to that required in... this General
Permit. "The Division has no record of having received notification.
Section III #19 of the permit also states that if the sludge accumulation is such that the structure does not meet
NRCS standards, then a sludge removal or management plan must be submitted to the division within 90 days of
determination, As indicated during the July 2009 Compliance Inspection, you must obtain a sludge clean -out plan for the
lower lagoon. Failure to obtain the required removal or management plan is a violation of the General Permit.
During the inspection, staff also observed that the spillway of the upper lagoon was severely eroded due to
excessive traffic around the spillway and that soil had been added to help contain the waste. Additionally, there was
evidence of a discharge near the pump of both the upper and lower lagoons due to the location and configuration of the
hoses when they are disconnected. Failure to properly operate and maintain the collection, treatment, and storage
facilities, and the land application equipment and fields is a violation of Section 11 #1 of the General Permit.
Vftston-Salem Regional Office
585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone] FAX: 336,771-4631 I Customer service 1-877-623-6748 One
Internet w.vd-ncvaterquJAY-org North C arol t tla
An Equal ❑pporunily l AffmnaM Action Employer Alatu ally

Applefield
April 5, 2010
Page 2
This office is considering an enforcement action against Applefield Farm for the above -referenced violations. If
you have justification that these violations were caused by circumstances beyond your control, or have an explanation
(flat you wish to present, please respond in writing within ten (10) days following receipt of this notice. Your response
should be sent to my attention at the address shown on the letterhead. The WSRO will review your response for possible
consideration.
Additionally, the following corrective actions should take place (or have taken place) immediately:
1) Begin applying waste from the lagoons as soon as field conditions allow,
2) Continue to update the DWQ Regional office on the daily rainfall and waste levels each week until the
waste level is below the maximum liquid mark (in compliance). This should include rainfall records since
March 15, 2010.
3) Continue to monitor and document the condition of the dams for any deterioration or leaks. Nolify DWQ
immediately if detected.
47 Submit a sludge cleanout or management plan to our office'at the address on this letterhead.
5) Re -grade and vegetate the spillway of the upper lagoon after determining the correct elevation.
6) Develop a method or technique by which the waste irrigation hose may be disconnected from the pump
without causing a potential discharge into surface waters.
If you have any questions concerning this Notice please contact me, or Ms. Melissa Rosebrock, A
[phone].
Attachment
XT0
Sincerely,
Sherri V. Knight, P.E.
0-mi^nsl Ciinarwicnr AnIiifPr Pmtertlon Section
e Complete items 1, 2, and 3. Also complete
APS - Animal Feeding Operations I item 4 If Restricted Delivery is desired.
Randolph Count SWCdI�iRCS . ° Print your name and address on the reverse
p Y so that we can return the card to you.
ING Purvis, Inc. ■ Attach this card to the back of the mailplece,
WSRO APS Files or on the front if space permits.
Central office APS File 1. Art{aln Addressed to:
I
A. Signature
X /fA/
Mr. Philip Faticette
Applefield Farm
7725 Friendship Road s
Browns Summit, NC 27214
Age
by (P4,,W Name} IC. Data of Delhmny
Is delivery address different from tle m 17 ❑ Yes
If YES, eater delivery address below: ❑ No
se cs Type
Certified Mail ❑ Express Mall
❑ Registered ❑ Retum Receipt for Mmchandlso
❑ Insured Mail 13 C.oz.
4. Restricted Delivery? (tom Fee)
0 Yes
7008 323q 0003 2547 0022 �
PS Form 3811, February 2004 Domestic Retum Receipt

Sherri Knight
Regional Supervisor, Aquifer Protect ion Section
NCQENR
QWQ
585 Waughtown Street
Winston Salem, NC 27107
CC. Notice of Violation/Notice of Intent to Enforce
Case 4 NOV2010-0267 High Waste Level and Failure to Notify
Facility 76-03
APR ? t 2010
R[ jlonai Oi fjrt-
Regarding your letter dated April S, we have taken the following actions towards rectifying any problems
or potential problems at Applefield Farm:
First, and foremost — our failure to call in the fact that our lagoon was above the maximum level was a
misunderstanding on our part. We mistakenly believed that the phone call was not required until the
level was at it's physical maximum and not the maximum in the plan. It was our opinion that the
lagoons were not in danger of overflowing, but do not realize that we were in error. We have become
more determined than ever to lower the levels, clean out the sludge and be more diligent in our efforts
to inform your office if rainfall were to ever reach the amounts of the past year.
Concerning a sludge removal plan — we have acquired land agreements from neighbor's land which will
more than meet the requirement for acreage for sludge application. Soil samples have been taken and
delivered to Randy Blackwell at Randolph County Soil and Water. Lagoon effluent and sludge samples
have also been taken and the results are in the Randolph office. We are waiting for Mr. Blackwell to
complete the plan. The application will begin immediately upon the procurement of the sludge
application plan.
We have applied waste according to our WMP and the lagoon levels have been reduced below the
maximum liquid mark. The upper lagoon is at 7" and the lower at 16".
We are monitoring the dams for deterioration or leaks
We have plans to regrade and revegetate the spillway of the upper lagoon.
Corrections have already been made to the disconnection problem. At the upper lagoon we added 40
more feet of pipe to run all the way to the edge of the lagoon. At the lower lagoon, we simply moved
the pipe to avoid a disconnect problem.